Denver City Zoning Code
ARTICLE VII
Special Exceptions; Conditional Uses; Other Selected Uses
§ 200-56 Intent; grant of approval.
A.
It is the intent of this article to provide special controls and regulations for particular uses that may be permitted by right, or by special exception, or by conditional use within the various zoning districts established in this chapter. Special exceptions and conditional uses are deemed to be permitted uses in their respective districts, subject to the satisfaction of the requirements and standards set forth in this article, in addition to all other requirements of this chapter. All such uses are hereby declared to possess characteristics of such unique and special forms that each specific use shall be considered as an individual case.
B.
The Zoning Hearing Board may grant approval of a special exception, provided that the applicant complies with the standards for special exceptions set forth in this article and demonstrates that the proposed special exception shall not be detrimental to the health, safety, and welfare of the neighborhood. Similarly, the Borough Council may grant approval of a conditional use under applicable regulations. The burden of proof shall rest with the applicant. In granting a special exception or conditional use, the Zoning Hearing Board or Borough Council, as appropriate, may attach such reasonable conditions and safeguards in addition to those expressed in this chapter, as it may deem necessary to implement the purposes of this chapter.
§ 200-57 Procedure for consideration.
The procedure for consideration of a special exception or conditional use shall follow the procedure for review and hearings as stated in Article XII of this chapter.
§ 200-58 Contents of application.
In addition to any plan informational requirements for a specific land use identified in this article, a special exception or conditional use application shall be accompanied by a scaled drawing of the site with sufficient detail and accuracy to demonstrate compliance with all applicable provisions of this chapter and shall include the following:
A.
The location of all buildings, parking areas, traffic access and circulation drives, open spaces, landscaping, and other pertinent information.
B.
The names and addresses of adjoining property owners, including properties directly across a street right-of-way.
C.
Ground floor plans and building elevations of proposed structures.
D.
A written narrative of the proposed use in sufficient detail to determine that all applicable standards are adequately addressed.
§ 200-59 General application standards.
In order to receive a special exception or conditional use approval, the applicant shall establish by credible evidence presented to the Zoning Hearing Board or Borough Council, as applicable, with the application or during the hearings, that:
A.
The proposed use is consistent with the purpose and intent of this chapter.
B.
The proposed use does not detract from the use and enjoyment of adjoining or nearby properties.
C.
The application complies with all criteria established for the respective land use proposal addressed elsewhere in this chapter.
D.
The proposed use does not substantially impair the integrity of the Strategic Comprehensive Plan for the Cocalico Region.
E.
The required front yard, side yards, open space areas, and height limitations for the applicable zoning district have been met.
F.
The off-street parking provisions are in conformance with those specified in Article VIII of this chapter.
G.
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 obstruction to the movement traffic.
H.
The location of the site with respect to the existing roads giving access to it is such that the safe capacity of those roads is not exceeded by the estimated traffic generated or attracted and is not out of character with the normal traffic using said public road.
I.
The pedestrian access from the off-street parking facilities is separated from vehicular access and is sufficient to meet the anticipated demand.
J.
The proposed use is not incompatible with the existing traffic conditions and adjacent uses and will not substantially change the character of the immediate neighborhood.
K.
Facilities are available to adequately service the proposed use (e.g., schools, fire, police, and ambulance protection, sewer, water, and other utilities, etc.).
L.
Screening of the proposed use from adjacent uses is sufficient to prevent the deleterious impact of the uses upon each other.
M.
The use of the site complies with the requirements of any other public agency having jurisdiction over the proposed use.
N.
Operations in connection with a special exception or conditional use will not be more objectionable to nearby properties by reason of noise, odor, fumes, vibration, glare, or smoke than would be the operations of any permitted use.
O.
Sufficient setbacks to and/or from agricultural operations are provided, in accordance with the applicable district regulations.
§ 200-60 Criteria for specific land uses.
In addition to those items required by §§ 200-58 and 200-59 (if applicable), each of the following land uses contains criteria that shall be addressed by the applicant and reviewed by the Zoning Officer, when permitted by right, or by the Zoning Hearing Board, when permitted by special exception, or by the Borough Council, when permitted by conditional use.
§ 200-60.1 Accessory dwelling units.
[Added 9-25-2023 by Ord. No. 685]
A.
Accessory dwelling unit. The installation of an accessory dwelling unit in new and existing single-family dwellings (hereinafter "principal dwellings") in the R-1, R-2, and R-3 Districts only shall be allowed by special exception, subject to the following development, design and owner-occupancy standards:
(1)
All provisions of the zoning district shall apply, except the provisions regarding the number of dwelling units permitted on a lot.
(2)
The design and construction of an accessory dwelling unit shall conform to all applicable standards in the Borough of Denver's building, plumbing, electrical, fire and any other applicable codes.
(3)
An accessory dwelling unit shall be contained in, or attached to, the principal dwelling or shall be located within a detached garage.
(4)
An accessory dwelling unit may be constructed in either an existing or a new single-family dwelling.
(5)
The addition of an accessory dwelling unit to the principal dwelling shall be designed so that the appearance of the building remains that of a single family dwelling.
(6)
The maximum size of an accessory dwelling unit shall not exceed 40% of the principal dwelling total floor area, nor more than 1,000 square feet, nor have more than two bedrooms.
(7)
Occupancy of an accessory dwelling unit, or principal dwelling, shall be limited to the property owner or those related by blood or marriage or adoption to the property owner.
(8)
Accessory dwelling units shall not be located in basements.
(9)
Only one accessory dwelling unit shall be permitted per principal dwelling.
(10)
Restoration plan. A plan for the removal of the accessory dwelling unit that identifies those structures, exterior and interior walls, electrical and plumbing improvements and connections to public water and sewer services to be retained and those to be removed upon termination of the accessory dwelling unit shall be submitted with the application for an accessory dwelling unit permit. In particular it shall include a removal plan for the stove.
(11)
One off-street parking space shall be provided for the occupants of the accessory dwelling unit in addition to any off-street parking required for the principal use.
B.
Accessory dwelling unit permits.
(1)
In the event an application is approved, then an accessory dwelling unit permit shall be issued to the applicant. The accessory dwelling unit permit shall be deemed to be automatically revoked upon vacation of the accessory dwelling unit, or principal dwelling unit, by the property owner or those related by blood or marriage or adoption to the property owner.
(2)
Any property owner with an existing accessory dwelling unit at the time of the passage of this section shall have a period of 90 days from said date to apply for an accessory dwelling unit permit, subject to the following:
(3)
An accessory dwelling unit permit shall expire December 31 of each year and, once granted, may be renewed without additional hearings, subject to the provisions of this section, by completing the renewal form prescribed by the Zoning Officer and paying the annual permit fee adopted by Borough Council. Failure to apply for renewal and/or failure to pay for the annual permit shall be grounds for revocation of a permit.
(4)
The Zoning Officer, or designee, shall have the right, at any time, upon reasonable request, to enter and inspect an accessory dwelling unit for which an accessory dwelling unit permit has been issued.
(5)
The permit holder shall notify the Zoning Officer in writing within 90 days once the accessory dwelling unit is no longer needed, the property is sold or for some other reason the applicant no longer meets the requirements for such use. Upon notification, the accessory dwelling unit permit shall be terminated. The applicant shall then comply with the terms of the restoration plan within 90 days of the date of termination.
§ 200-61 Adult uses.
A.
No portion of any lot including such a use shall be located within 500 linear feet of any portion of one lot, including any of the following uses: primary or secondary school, church or related use, amusement park, public park, camp or campground, community center, museum, day-care center, child nursery, library, residential district or any site marked as a proposed future park location on any Borough Official Map.
B.
No such use shall be located within 1,000 linear feet of any existing adult use.
C.
A forty-foot buffer yard shall be provided, regardless of zoning district, along the side and rear lot lines in accordance with § 200-29 of this chapter, but with plantings of an initial minimum height of five feet.
D.
No obscene or pornographic material or words shall be placed in view of persons who are not inside of the establishment. Definite precautions shall be made to prohibit minors from entering the premises.
E.
The applicant must prove to the satisfaction of the Zoning Hearing Board that such use would not significantly adversely impact the desirable character of the surrounding area, including property values.
F.
No such use shall be used for any purpose that violates any federal, state or Borough law. Any violation of this zoning requirement involving a serious criminal offense that the proprietor has continuing knowledge of and allows to occur shall be sufficient reason for the Borough to withdraw the zoning permit.
G.
No such use shall be allowed in combination with the sale or consumption of alcoholic beverages.
H.
The use shall not include the sale or display of obscene materials. "Obscene materials" shall be as defined by state law, except the words "reasonable persons" shall be substituted for "average person applying contemporary community standards."
I.
A minimum lot size of two acres is required.
J.
Any private viewing booths shall be completely enclosed and limited to one person per booth.
K.
No use may include live actual or simulated sex acts.
§ 200-62 Animal hospitals.
A.
A minimum lot size of at least 20,000 square feet shall be required for those animal hospitals treating small animals (such as cats, birds, exotic animals). A minimum lot size of at least 40,000 square feet shall be required for those animal hospitals treating large animals (such as cattle, horses, etc.).
B.
All buildings in which animals are housed or provided care shall be located at least 20 feet from all lot lines. Buildings should be adequately soundproofed so that sounds generated within the buildings cannot be perceived at the lot lines.
C.
Outdoor animal runs may be provided for small animals so long as a visual barrier at least four feet in height is provided between the runs and a double evergreen screen at least six feet in height is provided around the runs. No animal shall be permitted to use the outdoor runs from 8:00 p.m. to 8:00 a.m.
§ 200-63 Auto, motorcycle, boar or recreational vehicle sales.
§ 200-64 Bed-and-breakfast uses.
A.
No more than four rental units shall be provided and no more than four persons may occupy one rental unit.
B.
One off-street parking space shall be provided for each rental unit in addition to the parking required for the residential use of the dwelling. The off-street parking spaces shall be located either to the rear of the main building or screened from the street and abutting dwellings by evergreen screening or solid wooden fencing. However, no parking spaces shall be located within the front yard.
C.
At least one full bathroom shall be provided for use by every two guestrooms.
D.
A preexisting residence shall retain a residential appearance and character.
E.
The use shall be carried on by members of a family, who must reside in the primary premises, or by a resident agent/innkeeper.
F.
There shall be no separate kitchen facilities, nor shall there be separate cooking facilities, including oven, stove, microwave, hot plate, etc., in any guest room. Food preparation shall be only for guests who are staying overnight and be limited to breakfast.
G.
The maximum, uninterrupted length of stay at a bed-and-breakfast shall be seven days.
H.
The use of any amenities provided by the bed-and-breakfast, such as a swimming pool or tennis court, shall be restricted in use to the guests and permanent residents of the establishment.
I.
Public water and public sewer service shall be provided.
J.
The bed-and-breakfast establishment shall comply with all applicable state and federal regulations, including, but not limited to, the regulations of the Pennsylvania Department of Labor and Industry.
K.
If a new building is constructed to house a bed-and-breakfast, it shall be consistent with the predominant residential dwellings of 50 years or older in the neighborhood with regard to building location, setback, width and height.
§ 200-65 Businesses with drive-through facilities.
Businesses with drive-through facilities, including, but not limited to, facilities located accessory to banks, restaurants, beverage sales, etc., shall be subject to the following criteria, where applicable:
A.
Exterior trash receptacles shall be provided and routinely emptied so to prevent the scattering of litter. All applications shall include a description of a working plan for the cleanup of litter.
B.
All drive-through window lanes shall provide sufficient space to stack vehicles waiting to transact business and shall be separated from the parking lot's interior driveways by the use of curbs and/or planting islands.
C.
Any exterior speaker/microphone system shall be arranged and/or screened to prevent objectionable noise impacts on adjoining properties.
D.
Any exterior seating/play areas shall be completely enclosed by a minimum three-foot-high fence.
§ 200-66 Car washes.
A.
Public sewer and water facilities shall be utilized and gray water recycling is required.
B.
For automatic and self-service vehicle washes, each washing bay shall provide a minimum one-hundred-foot long on-site stacking lane which precedes the washing process. For full service vehicle washes, such on-site stacking shall be a minimum of 300 feet per lane.
C.
For full service vehicle washes, a post-washing drying area shall be provided for no fewer than six vehicles per washing lane.
D.
All structures housing washing apparatuses shall be set back 100 feet from any street right-of-way line, 50 feet from any rear property line, and 20 feet from any side lot line.
E.
Trash receptacles shall be provided and routinely emptied to prevent the scattering of litter, and the applicant shall furnish and implement a working plan for the cleanup of litter and debris.
F.
The applicant shall demonstrate adequate provision for the collection and disposal of greases and wastes.
G.
Traffic flow and ingress-egress shall not cause traffic hazards on adjacent streets.
H.
Access points shall be limited to two on each street abutting the lot.
I.
On-lot traffic circulation channels and parking areas shall be clearly marked.
J.
Signs and outdoor lighting shall be in accordance with this chapter.
K.
Water from the car wash operation shall not flow onto sidewalks or streets to prevent hazards from ice.
L.
The Zoning Hearing Board shall determine hours of operation of the use, based on the proposed location of said use.
M.
Any chemicals that may be hazardous to aquatic life shall be stored within an area that will completely contain any leaks or spills.
§ 200-67 Cemeteries.
§ 200-68 Churches and related uses.
Churches and related uses are subject to the following criteria:
B.
Church related residences (parsonages, convents, etc.):
C.
Church related educational or day-care facilities:
(1)
All educational or day-care uses shall be accessory and located upon the same lot as a church.
(2)
If education or day care is offered below the intermediate level, an outdoor play area shall be provided, at a rate of 100 square feet per individual enrolled. Off-street parking lots shall not be used as outdoor play areas, unless the applicant can demonstrate that such parking lots are not in use during play periods. Outdoor play areas shall not be located within the front yard, and must be set back 10 feet from all property lines. Any vegetative materials located within the outdoor play areas shall not be of a harmful type (poisonous, thorny, allergenic, etc.). All outdoor play areas must provide a means of shade, such as a shade tree(s) or pavilion(s).
(3)
Enrollment shall be defined as the largest number of persons under day-care supervision at any one time during a seven-day period.
(4)
Passenger dropoff areas shall be provided and arranged so that passengers do not have to cross traffic lanes on or adjacent to the site.
(5)
All educational or day-care uses shall be governed by the location, height, and bulk standards imposed upon principal uses within the underlying district.
(6)
Unless the applicant can demonstrate that the off-street parking associated with the church is sufficient for the proposed use, one off-street parking space shall be provided for each six persons enrolled, plus one parking space for each employee.
§ 200-69 Wireless communications facilities.
A.
Short title. This section shall be known as the "Borough of Denver Wireless Communications Facilities Ordinance."
B.
Purposes and findings of fact.
(1)
The purpose of this section is to establish uniform standards for the siting, design, permitting, maintenance, and use of wireless communications facilities in the Borough of Denver. While the municipality recognizes the importance of wireless communications facilities in providing high quality communications service to its residents and businesses, the municipality 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.
(2)
By enacting this section, the municipality intends to:
(a)
Regulate the placement, construction and modification of wireless communication facilities to protect the safety and welfare of the public;
(b)
Provide for the managed development of wireless communications facilities in a manner that enhances the benefits of wireless communication and accommodates the needs of the public and wireless telecommunications operators in accordance with federal and state laws and regulations;
(c)
Establish procedures for the design, siting, construction, installation, maintenance and removal of tower-based, non-tower-based, and small wireless communications facilities in the municipality, including facilities both inside and outside the public rights-of-way;
(d)
Address new wireless technologies, including, but not limited to, distributed antenna systems, data collection units, and other wireless communications facilities;
(e)
Encourage the co-location of wireless communications facilities on existing wireless support structures rather than the construction of new wireless support structures;
(f)
Minimize the total number of towers and tower sites throughout the Borough by utilizing existing buildings and structures, repeaters and other means of deploying telecommunication facilities without the need for towers, particularly towers visible for long distances, visible across open landscapes, or which pierce the surrounding tree canopy;
(g)
Encourage the configuration of towers and antennas in a way that minimizes the adverse visual impact of the towers and antennas;
(h)
Protect the public from potential adverse impacts of wireless communications facilities and preserve, to the extent permitted under law, the visual character of established communities and the natural beauty of the landscape;
(i)
Ensure that wireless communications facilities will be removed in the event that such wireless communications facilities are abandoned or become obsolete and are no longer necessary; and
(j)
Update the Borough's Wireless Communications Facilities Ordinance to incorporate changes in federal laws and regulations.
C.
D.
Regulations applicable to all tower-based wireless communications facilities.
(1)
The following regulations shall apply to all tower-based wireless communications facilities:
(a)
Procedures.
[1]
Any applicant proposing construction of a new tower-based WCF shall submit plans to the Zoning Hearing Board for review and determination by the Zoning Hearing Board in accordance with the procedures and requirements of Part II, Chapter 200, Article XII, § 200-152 et seq., as a special exception, subject to the restrictions and conditions prescribed herein and subject to the prior written approval of the municipality.
[2]
The applicant shall prove that it is licensed by the FCC to operate a tower-based WCF and that the proposed tower-based WCF complies with all applicable standards established by the FCC governing human exposure to electromagnetic radiation.
(b)
Development requirements. Tower-based wireless communications facilities shall be developed in accordance with the following requirements:
[1]
Permitted subject to conditions. Any tower-based WCF that is either not mounted on any existing support structure or is more than 25 feet higher than the support structure on which it is mounted is permitted in certain zoning districts as a special exception, subject to the restrictions and conditions prescribed herein and subject to the prior written approval of the municipality. The Zoning Hearing Board may grant special exception use in accordance with the procedures and requirements of Part II, Chapter 200, Article XII, § 200-152 et seq.
[a]
Siting. Tower-based WCF shall only be permitted in the following districts by special exception, subject to the requirements and prohibitions of § 200-69:
[b]
Coverage or capacity. An applicant for a tower-based WCF must demonstrate that a gap in wireless coverage or capacity exists and that the type of WCF and siting being proposed is the least intrusive means by which to fill the gap in wireless coverage or capacity. The existence or nonexistence of a gap in wireless coverage or capacity shall be a factor in the municipality's decision on an application for approval of tower-based WCFs.
[c]
Co-location. An applicant for a tower-based WCF must demonstrate there is not suitable space on existing wireless service facilities or other wireless service facility sites or on other sufficient tall structure where the intended wireless service facility can be accommodated and function as required by its construction permit or license without unreasonable modification.
[d]
Site plan. An applicant for a tower-based WCF must submit a full site plan to the Zoning Hearing Board which shall include, but shall not be limited to, the following documentation and materials:
[i]
Name(s), address(es) and contact information of persons preparing submitted plans, reports and information; name(s), address(es) and contact information of the property owner, WCF operator, and WCF applicant.
[ii]
Written authorization by affidavit from the property owner of the proposed tower-based WCF site that such facility may be sited on the property; written authorization by affidavit from the property owner consenting to the making of the application to the Borough for a special exception; written acknowledgment by affidavit from the property owner of being bound by § 200-69, the conditions of any site plan approval authorized by the Borough, and all other requirements of the Code of the Borough of Denver.
[iii]
A site plan that is drawn to scale and includes the following features: property boundaries; any tower guy wire anchors and other apparatus; existing and proposed support structures; scaled elevation view; access road(s) location and surface material; parking area; drainage; snow storage area(s); power source(s); location and content of (any or warning) signs; exterior lighting specifications; provision for police, fire or emergency vehicle access to the site and facilities; landscaping plan; surface material(s); existing vegetation; fences, obstructions, and boundaries; land elevation contours; existing land uses surrounding the site; proposed transmission building and/or other accessory uses with details; elevations; and proposed use(s). The elevations and details shall provide, as appropriate, information about the facilities of other users if the applicant is considering the co-location of additional antennas, equipment and other facilities, including the relationship of the height of the tower to the feasibility of co-location of additional facilities. The site plan shall also include a description of the proposed communication tower and facility and such other information that the Zoning Hearing Board requires.
[iv]
A written report that includes, but is not limited to, the following documentation and materials: information describing the tower height and design; a cross section of the tower; engineering specifications detailing construction of the tower, base and guy wire anchorage; information describing the proposed painting and lighting schemes; information describing the tower's capacity, including, but not limited to, the number and type of antennas that it can accommodate; radio frequency coverage including, but not limited to, scatter plot analysis and the input parameters for the scatter plot analysis. All tower structure information shall be certified by a registered professional engineer (P.E.) licensed by the Commonwealth of Pennsylvania; and all wireless telecommunications data shall be certified by an appropriate wireless telecommunications professional.
[v]
A visual environmental assessment form (EAF) addendum shall accompany the full environmental assessment form (EAF) to be submitted with the site plan. Following review of the visual EAF addendum, a visual impact analysis or study may be required to further assess the visual impact of a proposed tower facility. Any visual assessment shall consider the effects of any proposed or potential plans for co-location and shall include additional development alternatives or scenarios, as appropriate, to properly consider the effects of co-location. The consideration of alternative designs may be requested as part of the visual assessment, such as flagpole technology (a monopole with internal antennas), a camouflaged pole and antennas, installation of antennas on existing structures at appropriate locations, the use of whips (individual antennas) on utility poles and connection with a fiber-optic network, if available, or other designs that may provide for the mitigation of visual impacts. The methodology for any visual analysis should be approved by the Zoning Hearing Board and shall address impacts on nearby viewsheds, ridgelines, scenic features and historic sites and structures identified as significant, as well as compatibility with nearby land uses. The Zoning Hearing Board may consider methodologies, including, but not limited to, the following: photographic simulation or photographic montage, with and without foliage; a demonstration using a balloon or the top of the actual structure on a project site, based on the following requirements:
[A]
Balloon to be flown at actual height. Alternatively, the top portion of a tower structure with all proposed antennas and appurtenances attached, to be temporarily held up at actual height (typically by a crane);
[B]
Approximate actual color/finish;
[C]
Balloon or top of tower to have same reflective property;
[D]
Balloon to approximate bulk and diameter of proposed tower and appurtenances. Top of tower to include all proposed antennas and appurtenances;
[E]
Balloon to be flown, or top of tower to be held up, for a minimum of eight hours;
[F]
Sufficient notification to neighboring residents.
[vi]
A landscape plan shall delineate existing vegetation and wooded areas to remain undisturbed, specimen trees of six inches in diameter at breast height (dbh) or larger and the height of the surrounding treeline, and shall identify vegetation to be removed, including areas to be kept clear by mowing, and the location, size, type and number of all proposed plantings. Additionally, any other improvements, such as fences and walls, shall be shown, including the purpose of such improvements and details, elevations, materials and color and any other information related to landscaping improvements, their purpose and appearance.
[vii]
A written report, titled "Cost of Wireless Facilities Removal" certified by a registered professional engineer (P.E.) licensed by the Commonwealth of Pennsylvania, detailing the total cost of removing and disposing of the tower, antenna, and all related facilities.
[viii]
Where the tower-based WCF is located on a property with another principal use, the applicant shall prove that the owner of the property has granted an easement for the proposed facility and that vehicular access is provided to the facility.
[ix]
An inventory of its existing wireless communications facilities, including, but not limited to, all tower-based, non-tower, and small WCF, that are either sited within the Borough of Denver or within 1/4 mile of the border thereof. Such inventory shall include specific information about the location, height, design, and use of each wireless communications facility. The municipality may share such information with other applicants applying for site plan approvals or special exception use under § 200-69 or other organizations seeking to locate wireless communication facilities within the municipality; provided, however, that the municipality is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.
[x]
An evaluation of the need for additional buffer yard treatments.
[2]
Underground district. A tower-based WCF shall not be located in, or within 300 feet of, an area in which utilities are required to be located underground.
[3]
Prohibited in open space and conserved lands. Tower-based WCFs shall not be located within an open space or conserved land.
[4]
Prohibited in environmentally sensitive areas. No tower-based WCF shall be located in, or within 500 feet of, the habitat of a threatened or endangered animal species.
[5]
Bulk use requirements. All tower-based WCFs shall comply with any bulk use or supplemental development requirements for the zoning district where the tower-based WCF is sited.
[6]
Ancillary uses. All other uses ancillary to the tower-based WCF and associated equipment (including, but not limited to, a business office, maintenance depot, or vehicle storage) are prohibited from the tower-based WCF site unless otherwise permitted in the zoning district in which the tower-based WCF site is located.
[7]
Sole use on a lot. A tower-based WCF may be permitted as a sole use on a lot subject to minimum setbacks for tower-based WCF, as well as the minimum lot area and yards complying with the requirements for the applicable zoning district.
[8]
Combined with another use. A tower-based WCF may be permitted on a property with an existing use, or on a vacant parcel in combination with another residential, industrial, commercial, institutional or municipal use, subject to the following conditions:
[a]
Existing use. The existing use on the property may be any permitted use in the applicable district, and need not be affiliated with the wireless communications facility.
[b]
Minimum lot area. The minimum lot shall comply with the requirements for minimum setbacks for tower-based WCF, as well as the applicable district and shall be the area needed to accommodate the tower-based WCF and guy wires, the equipment building, security fence, and buffer planting.
[9]
Minimum setbacks for towers. If a new tower is constructed (as opposed to mounting the antenna on an existing tower or wireless support structure), the minimum distance between the tower and any property line or public right-of-way line shall be equal to the height of the tower plus the distance of the corresponding minimum yard setback (front, side and rear) for the zoning district in which the lot is located and any other additional requirements for that zoning district. Guy wires and accessory facilities must also satisfy the minimum zoning district setback requirements.
[10]
Minimum setbacks for accessory structures. All tower-based WCF installations shall comply with the accessory structure setback requirements in the Code, and shall be mounted in the rear yard or on the roof unless reception is inhibited or visibility increased. The additional setback distance, equal to the tower height, shall not be applied to the related buildings proposed to house equipment and for maintenance and operation of the communication tower and facility. However, the related buildings shall be located so as to minimize visibility from adjacent properties and, if the Zoning Hearing Board so directs, shall be located in the rear of the site, and shall be effectively screened from the view of the site's road frontage(s).
[11]
Gross floor area. The total gross floor area for any related buildings shall be the minimum size necessary for operation and shall not exceed 600 square feet per operator or user with facilities located on the site. Operators and users on sites with more than one such structure shall share such structures whenever possible to minimize the number and total area of such structures on a site.
[12]
Separation. A tower-based WCF with a height greater than 90 feet shall not be located within 1/4 of a mile from any existing tower-based WCF with a height greater than 90 feet.
(c)
Timing of determination. All applications for tower-based WCFs shall be acted upon within 150 days following the receipt of the following: 1) a fully completed application for the approval of such tower-based WCF; and 2) a fully paid, nonrefundable application fee in an amount specified by the Master Fee Schedule. If the municipality receives an application for a tower-based WCF and such application is not fully completed, then the municipality shall promptly notify the applicant that the application is not complete and the time for the approval of such application shall not commence until a fully completed application is received by the municipality. Unpaid applications are incomplete and not duly filed with the Borough.
(d)
Notice. No later than 30 days following the submission of a fully completed application for a tower-based WCF and the scheduling of the public hearing (if required), the applicant shall mail notice to all owners of every property within a 500-foot radius of the proposed wireless communications facility. The applicant shall provide proof of mailing of the notification to the municipality within 15 days of completion of notification. If a public hearing is required, notice of any hearing before the Zoning Hearing Board shall be published by applicant in a newspaper circulating within the Borough of Denver at least 10 days' prior to the date of said hearing; any mailing of notices that may be required by the Zoning Hearing Board shall be completed by applicant at least 10 days before such hearing and the proof of mailing shall be provided to the municipality at least five days before such hearing. The preparation and cost of publication and mailing of any notice required for such hearing shall be at the cost and expense of the applicant. Proof of mailing to all required property owners shall be demonstrated by providing the Borough with a certificate of mailing (USPS Form 3817 or 3877).
(e)
Co-location.
[1]
An application for a new tower-based WCF shall not be approved unless the municipality finds that the wireless communications equipment planned for the proposed tower-based WCF cannot be accommodated on an existing or approved structure or wireless support structure.
[2]
Any applicant proposing construction of a new tower-based WCF outside the public rights-of-way shall demonstrate to the satisfaction of the municipality, by written affidavit, that a good faith effort has been made to obtain permission to mount the tower-based WCF antenna on an existing structure or wireless support structure. The Borough may deny any application to construct a new tower if the applicant has not made a good faith effort to co-locate the antenna on an existing tower, structure, or other wireless support structure. A good faith effort shall require that all owners of potentially suitable towers, structures, or wireless support structures within a one-quarter-mile radius of the proposed tower-based WCF site be contacted and that the applicant certifies by written affidavit to the Zoning Hearing Board that one or more of the following reasons for not selecting such structure apply:
[a]
The proposed WCF and related equipment would exceed the structural capacity of the existing structure and its reinforcement cannot be accomplished at reasonable cost;
[b]
The proposed WCF and related equipment would cause radio frequency interference with other existing equipment for that existing structure and the interference cannot be prevented at reasonable cost;
[c]
Such existing structure does not have adequate location, space, access or height to accommodate the proposed equipment or to allow it to perform its intended function; and/or
[d]
A commercially reasonable agreement cannot be reached with the owner(s) of such structure.
(f)
Standard of care. Any tower-based WCF shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including but not limited to the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, National Electrical Code, as well as the accepted and responsible workmanlike industry practices of the Communications Infrastructure Contractors Association (formerly, National Association of tower Erectors). Any tower-based WCF shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life or safety of any person or damage any property in the municipality.
(g)
Wind and ice. All tower-based WCF structures shall be designed to withstand the effects of wind and ice according to the standards promulgated by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSI/EIA/TIA-222, as amended). All tower-based WCF structures shall also be designed and constructed to withstand the wind and ice loads for the place of installation in accordance with the Pennsylvania Uniform Construction Code.[2]
[2]
Editor's Note: See 34 Pa. Code, Chapters 401-405.
(h)
Height. Any tower-based WCF shall be designed and constructed at the minimum functional height. All tower-based WCF applicants must submit documentation to the municipality justifying the total height of the structure. In no case shall a tower-based WCF exceed a maximum height of 160 feet.
(i)
Public safety communications. No tower-based WCF shall interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.
(j)
Maintenance. The following maintenance requirements shall apply:
[1]
Any tower-based WCF shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.
[2]
Such maintenance shall be performed to ensure the upkeep of the facility in order to promote the safety and security of the public.
[3]
All maintenance activities shall utilize nothing less than the best available technology and practices for preventing failures and accidents.
[4]
The municipality reserves the authority to require the cleaning, repainting, or repair, of a tower-based WCF, including, but not limited to, the tower, accessory equipment, and any other area where the exterior surface or appearance of such facility is not regularly or properly maintained, cleaned, repainted, or repaired.
[5]
Tower-based WCF operators bear sole financial responsibility for all maintenance or emergency repair costs.
(k)
Radio frequency emissions. No tower-based WCF may, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards and regulations of the FCC, including but not limited to, the FCC Office of Engineering Technology Bulletin 65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended. The owner or operator of such tower-based WCF shall submit proof of compliance with any applicable radio frequency emissions standards to the Borough Secretary on an annual basis, or within 30 days following a written request by the Borough. A tower-based WCF generating radio frequency emissions in excess of the standards and regulations of the FCC shall be considered an emergency. The municipality reserves the authority to revoke the permit of any tower-based WCF that: 1) fails to timely submit proof of compliance; or 2) that is generating radio frequency emissions in excess of the standards and regulations of the FCC.
(l)
Historic buildings and districts. No tower-based WCF may be located in or within 100 feet of any historic or preservation district, property, building or structure that is listed on either the National or Pennsylvania Register of Historic Places, or eligible to be so listed, or is included in the official historic structures list maintained by the municipality, or so designated as a landmark pursuant to the Code.
(m)
Signs. All tower-based WCFs shall post a sign in a readily visible location identifying the name and phone number of a party to contact in the event of an emergency. No other signage or display is permitted.
(n)
Lighting. Tower-based WCF shall not be artificially lighted, except as required by law. Towers shall be galvanized and/or painted with a rust-preventive paint of an appropriate color to harmonize with the surroundings. If lighting is required, the applicant shall provide to the Borough a detailed plan for sufficient lighting, demonstrating as unobtrusive and inoffensive an effect as is permissible under state and federal regulations.
(o)
Emergency power supplies. Any tower-based WCF shall be constructed with both primary and secondary sources of electric power. The secondary source of electric power shall be an electric generator, located on site and equipped with sufficient power reserves to supply continuous electric power to operate the tower-based WCF and its antennae for a period of 10 days. The secondary source of electric power shall not be used, except in emergency situations involving the loss of the primary power source. The WCF operator may activate the electric generator on weekdays, between 9:00 a.m. and 5:00 p.m., excluding federal holidays, to test the secondary power source or to perform routine maintenance on the electric generator, provided that the WCF operator deliver written notice to the Borough Secretary at least five business days' prior to such electric generator testing or electric generator maintenance.
(p)
Noise. Tower-based WCFs shall be operated and maintained so as not to produce noise in excess of applicable noise standards under state law and the Code of the Borough of Denver, except as provided with respect to the use of an electrical generator herein, where such noise standards may be exceeded on a temporary basis only.
(q)
Aviation safety. Tower-based WCFs shall comply with all federal and state laws and regulations concerning aviation safety.
(r)
Inspection report requirements. No later than the first day of December of each odd-numbered year, or within 30 days following a written request by the municipality, the owner of the tower-based WCF shall have said tower-based WCF structure inspected by a Pennsylvania-licensed and registered professional engineer (P.E.) who is regularly involved in the maintenance, inspection, and/or erection of tower-based WCFs. At a minimum, this inspection shall be conducted in accordance with the Tower Inspection Class checklist provided in the Electronics Industries Association (EIA) Standard 222, Structural Standards for Steel Antenna Towers and Antenna Support Structures. A copy of said inspection report and certification of continued use shall be provided to the Borough Secretary following the inspection. Any repairs advised by the report shall be effected by the owner no later than 60 calendar days after the report is filed with the municipality. No later than 30 calendar days upon completion of aforesaid repairs, the tower-based WCF structure shall again be inspected in accordance with the parameters and requirements described herein.
(s)
Retention of consultants or experts. The Borough may hire any consultant(s) and/or expert(s) necessary to assist the Borough in reviewing and evaluating the application for determination of the tower-based WCF 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 WCF shall reimburse the Borough for all costs of the Borough's consultant(s) and/or expert(s) in providing expert evaluation and consultation in connection with these activities.
(t)
Nonconforming uses. Nonconforming tower-based WCFs, which are hereafter damaged or destroyed due to any reason or cause, may be repaired and restored at their former location, but must otherwise comply with the terms and conditions of this section.
(u)
Removal. In the event that use of a tower-based WCF is planned to be discontinued, the owner shall provide written notice to the municipality, at least 90 days in advance of the discontinuance date, of its intent to discontinue use and the date when the use shall be discontinued.
[1]
All unused or abandoned tower-based WCFs and accessory facilities shall be removed within six months of the cessation of operations at the site unless a time extension is approved by the municipality.
[2]
If the WCF and/or accessory facility is not removed within six months of the cessation of operations at a site, or within any longer period approved by the municipality, the WCF and accessory facilities and equipment may be removed by the municipality and the cost of removal assessed against the owner of the WCF. Any cost to the municipality for such removal which is not paid under the owner's bond shall constitute a lien on the tax lot on which the tower-based WCF is situated and shall be collected in the same manner as a municipal tax on real property.
[3]
Any unused portions of tower-based WCFs, including, but not limited to, antennas, shall be removed within six months of the time of cessation of operations. The municipality must approve all replacements of portions of a tower-based WCF previously removed.
(v)
Public rights-of-way. No tower-based wireless communications facility shall be located, in whole or in part, within the public rights-of-way.
(w)
Eligible facilities request.
[1]
Applicants proposing a modification to an existing tower-based WCF that does not substantially change the dimensions of the underlying wireless support structure shall be required only to obtain a construction permit from the municipality.
[2]
In order to be considered for such permit, the tower-based WCF applicant must submit a construction permit application to the municipality in accordance with the Code.
(x)
Design regulations:
[1]
Any height extensions to an existing tower-based WCF shall require prior approval of the municipality. The municipality 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 municipality.
[2]
The tower-based WCF shall employ the most current and effective stealth technology available in an effort to appropriately blend into the surrounding environment and minimize aesthetic impact. The application of the stealth technology chosen by the WCF applicant shall be subject to the approval of the municipality.
[3]
Any proposed tower-based WCF shall be designed and constructed in all respects, including, but not limited to, structurally and electronically, to accommodate both the tower-based WCF applicant's antennae and comparable antennae for future users.
[4]
All utilities that are extended to the site of the tower-based WCF shall be placed underground.
(y)
Surrounding environs:
[1]
The tower-based WCF operator shall ensure that the existing vegetation, trees and shrubs located within proximity to the tower-based WCF structure shall be preserved to the maximum extent possible.
[2]
The tower-based WCF applicant shall include in its site plan submission a soil report to the municipality complying with the standards of Appendix I: Geotechnical Investigations, ANSI/EIA/TIA-222, as amended, to document and verify the design specifications of the foundation of the tower-based WCF, and anchors for guy wires, if used.
(z)
Fence/screen:
[1]
A security fence having a height of six feet shall completely surround any tower-based WCF, guy wires, or any building housing WCF equipment.
[2]
An evergreen screen shall be required to surround the site. The screen can be either a hedge (planted three feet on center maximum) or a row of evergreen trees (planted 10 feet on center maximum). The evergreen screen shall be a minimum height of six feet at planting and shall grow to a minimum of 15 feet at maturity.
[3]
Existing mature tree growth, vegetation, and natural land forms on and around the site shall be preserved to the maximum extent possible. In some cases, such as tower-based WCF sited on large, wooded lots, natural growth around the property perimeter may be sufficient buffer.
(aa)
Accessory equipment:
[1]
Ground-mounted equipment associated to, or connected with, a tower-based WCF shall be underground or screened from public view using stealth technologies, as described above.
[2]
All utility buildings and accessory structures shall be architecturally designed and constructed to blend into the environment in which they are situated and shall meet the minimum setback requirements of the underlying zoning district.
(bb)
Additional antennae. As a condition of approval for all tower-based WCFs, the applicant shall provide the municipality with a written commitment that it will allow other service providers to co-locate antennae on tower-based WCFs where technically and commercially reasonable. The owner of a tower-based WCF shall not install any additional antennae without obtaining the prior written approval of the municipality.
(cc)
Access road. An access road, turnaround space and parking shall be provided to ensure adequate emergency and service access to tower-based WCF. Maximum use of existing roads, whether public or private, shall be made to the extent practicable. Road construction shall at all times minimize ground disturbance and the cutting of vegetation. Road grades shall closely follow natural contours to assure minimal visual disturbance and minimize soil erosion. Where applicable, the WCF owner shall present documentation to the municipality that the property owner has granted an easement for the proposed facility. The easement shall be a minimum of 20 feet in width and the access shall be improved to a width of at least 10 feet with a dust-free, all-weather surface throughout its entire length, including drainage and allowances for snow removal and snow storage.
(dd)
Bond. Prior to the issuance of a special use permit, a tower-based WCF applicant shall, at its own cost and expense, obtain from a surety licensed to do business in Pennsylvania and maintain a bond or other form of security acceptable to the Borough Solicitor. The bond shall provide that the municipality may recover from the principal and surety any and all compensatory damages incurred by the municipality for violations of this section, including, but not limited to, legal fees and expenses in enforcing the law, after reasonable notice and opportunity to cure. The owner shall file the bond with the municipality and maintain the bond for the life of the respective facility. The owner of the tower-based WCF shall maintain a bond in the following amounts:
[1]
An amount of $75,000 to assure the faithful performance of the terms and conditions of this section.
[2]
An amount determined by the Zoning Hearing Board based on engineering estimates, to cover the cost of removing and disposing of the antenna, tower, and related facilities. The Zoning Hearing Board may consider, but shall not be required to rely upon, applicant's written report, titled "Cost of Wireless Facilities Removal" certified by a registered professional engineer (P.E.) licensed by the Commonwealth of Pennsylvania.
[3]
From time to time, but no more frequently than once during any five-year period, the Zoning Hearing Board, at its sole discretion, may adjust the amount of the bond and require the submission of a new or modified bond based on engineering estimates of the cost of the removal and disposal of the tower, antenna, and associated facilities. The wireless communications facility operator may submit a written report, titled "Adjusted Cost of Tower-Based Wireless Facilities Removal" certified by a registered professional engineer (P.E.) licensed by the Commonwealth of Pennsylvania and containing engineering estimates of the cost of the removal and disposal of the tower, antenna, and associated facilities to the Zoning Hearing Board. The Zoning Hearing Board may consider, but shall not be required to rely upon, operator's written report in determining the adjusted bond amounts.
(ee)
Visual or land use impact. The municipality reserves the right to deny an application for the construction or placement of any tower-based WCF based upon visual and/or land use impact.
(ff)
Graffiti. Any graffiti on the tower-based WCF, including, but not limited to, the wireless support structure or on any accessory equipment, shall be removed at the sole expense of the owner within 10 days of notification by the municipality.
(gg)
Inspection by municipality. The municipality reserves the right to inspect any tower-based WCF to ensure compliance with the provisions of this section and any other provisions of the Code of the Borough of Denver or state or federal law. The municipality and/or its agents shall have the authority to enter the property upon which a tower-based WCF is located at any time, upon reasonable notice to the operator, to ensure such compliance.
E.
Regulations applicable to all non-tower wireless facilities.
(1)
The following regulations shall apply to all non-tower wireless communications facilities:
(a)
Procedures.
[1]
Any applicant proposing a non-tower WCF to be mounted on a building or any other structure shall submit detailed construction and elevation drawings to the Zoning Hearing Board indicating how the non-tower WCF will be mounted on the structure, for review and determination by the Zoning Hearing Board, as a special exception, subject to the restrictions and conditions prescribed herein and subject to the prior written approval of the municipality.
[2]
The applicant shall prove that it is licensed by the FCC to operate a non-tower WCF and that the proposed non-tower WCF complies with all applicable standards established by the FCC governing human exposure to electromagnetic radiation.
(b)
Development requirements. Non-tower wireless communications facilities shall be co-located on existing structures, such as existing buildings or wireless support structures, subject to the following conditions:
[1]
Permitted subject to conditions. Subject to the restrictions and conditions prescribed herein, non-tower WCFs are permitted in certain zoning districts as a special exception, upon review and approval by the Zoning Hearing Board in accordance with the procedures and requirements of Part II, Chapter 200, Article XII, § 200-152 et seq.
[a]
Siting. Non-tower WCF are permitted in the following zoning districts as a special exception, subject to the requirements and prohibitions of § 200-69:
[b]
Height. Any non-tower WCF shall not exceed the maximum height permitted in the applicable zoning district.
[c]
Equipment building. If the non-tower WCF applicant proposes to locate the communications equipment in a separate building, the building shall comply with the minimum requirements for the applicable zoning district.
[d]
Fencing. A security fence having a height of six feet shall surround any separate communications equipment building. Vehicular access to the communications equipment building shall not interfere with the parking or vehicular circulations on the site for the principal use.
[e]
Residential attachment prohibited. Non-tower WCFs shall not be located on single-family detached residences, single-family attached residences, or any accessory residential structure.
(c)
Site plan. An applicant for a non-tower WCF must submit a full site plan to the Zoning Hearing Board which shall include:
[1]
Written authorization from the wireless support structure owner of the proposed non-tower WCF site that such facility may be sited on the wireless support structure. Written authorization from the wireless support structure owner consenting to the making of the application to the municipality for a special exception. Written acknowledgment from the wireless support structure owner of being bound by § 200-69, the conditions of any site plan approval authorized by the municipality, and all other requirements of the Code of the Borough of Denver.
[2]
A site plan that is drawn to scale and shows the following features: property boundaries; existing and proposed structures; existing and proposed use(s); existing and proposed antennae; existing or proposed electrical power source; and scaled elevation view.
[3]
A written report including, but not limited to: information describing the antenna height and design; a cross section of the wireless support structure; engineering specifications detailing attachment of the antenna to the wireless support structure; information describing the proposed painting and lighting schemes; radio frequency coverage including, but not limited to, scatter plot analysis and the input parameters for the scatter plot analysis; all wireless support structure information to be certified by a registered professional engineer (P.E.) licensed by the Commonwealth of Pennsylvania; and wireless telecommunications data to be certified by an appropriate wireless telecommunications professional.
[4]
A written report, titled "Cost of Non-Tower Wireless Facilities Removal" certified by a registered professional engineer (P.E.) licensed by the Commonwealth of Pennsylvania, detailing the total cost of removing and disposing of antenna and related facilities.
[5]
An inventory of its existing wireless communications facilities, including, but not limited to, all tower-based, non-tower, and small WCF, that are either sited within the Borough of Denver or within 1/4 mile of the border thereof. Such inventory shall include specific information about the location, height, design, and use of each wireless communications facility. The Zoning Hearing Board may share such information with other applicants applying for site plan approvals or a special exception under § 200-69 or other organizations seeking to locate antennas within the municipality; provided, however, that the municipality is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.
(d)
Eligible facilities request.
[1]
Applicants proposing a modification to an existing non-tower WCF that does not substantially change the dimensions of the underlying structure or wireless support structure shall be required only to obtain a construction permit from the municipality.
[2]
In order to be considered for such permit, the non-tower WCF applicant must submit a construction permit application to the municipality in accordance with the Code.
(e)
Visual or land use impact. The municipality reserves the right to deny an application for the construction or placement of any non-tower WCF based upon visual and/or land use impact.
(f)
Historic buildings and districts. No non-tower WCF may be located on, or within 100 feet of, any historic or preservation district, property, or on a building or structure that is listed on either the National or Pennsylvania Register of Historic Places, or eligible to be so listed, or is included in the official historic structures list maintained by the municipality, or so designated as a Landmark pursuant to the Code.
(g)
Prohibited in open space and conserved lands. Non-tower WCFs shall not be located within an open space or conserved land.
(h)
Timing of determination. All applications for non-tower WCFs shall be acted upon by the municipality within 90 days following the receipt of the following: 1) a fully completed application for the approval of such WCF; and 2) a fully paid, nonrefundable application fee in an amount specified by the Master Fee Schedule. If the municipality receives an application for a non-tower WCF and such application is not fully completed, then the municipality shall notify the applicant in writing within 30 days that the application is not complete and the time for the approval of such application shall not commence until a fully completed application is received by the municipality. Unpaid applications are incomplete and not duly filed with the Borough.
(i)
Retention of consultants or experts. The municipality may hire any consultant(s) and/or expert(s) necessary to assist the municipality in reviewing and evaluating the application for approval of the non-tower WCF 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 non-tower WCF shall reimburse the municipality for all reasonable costs of the municipality's consultant(s) and/or expert(s) in providing expert evaluation and consultation in connection with these activities.
(j)
Bond. Prior to the issuance of conditional use, the owner of a non-tower WCF shall, at its own cost and expense, obtain from a surety licensed to do business in Pennsylvania and maintain a bond or other form of security acceptable to the Borough Solicitor. The bond shall provide that the municipality may recover from the principal and surety any and all compensatory damages incurred by the municipality for violations of this section, after reasonable notice and opportunity to cure. The owner shall file the bond with the municipality and maintain the bond for the life of the respective facility. The owner of the non-tower WCF shall maintain a bond in the following amounts:
[1]
An amount of $75,000 to assure the faithful performance of the terms and conditions of this section.
[2]
An amount determined by the Zoning Hearing Board based on engineering estimates, to cover the cost of removing and disposing of the antenna and related facilities. The Zoning Hearing Board may consider, but shall not be required to rely upon, applicant's written report, titled "Cost of Non-Tower Wireless Facilities Removal" certified by a registered professional engineer (P.E.) licensed by the Commonwealth of Pennsylvania.
[3]
From time to time, but no more frequently than once during any five-year period, the Zoning Hearing Board, at its sole discretion, may adjust the amount of the bond and require the submission of a new or modified bond based on engineering estimates of the cost of the removal and disposal of the antenna and associated facilities. The wireless communications facility operator may submit a written report, titled "Adjusted Cost of Non-Tower Wireless Facilities Removal" certified by a registered professional engineer (P.E.) licensed by the Commonwealth of Pennsylvania and containing engineering estimates of the cost of the removal and disposal of the antenna and associated facilities to the Zoning Hearing Board. The Zoning Hearing Board may consider, but shall not be required to rely upon, operator's written report in determining the adjusted bond amounts.
(k)
Design regulations.
[1]
Non-tower WCFs shall employ stealth technology and be treated to match the supporting structure or wireless support structure in order to minimize aesthetic impact. The application of the stealth technology chosen by the WCF applicant shall be subject to the approval of the municipality.
[2]
Non-tower WCFs, which are mounted to a building or similar structure, may not exceed a height of 15 feet above the roof or parapet, whichever is higher.
[3]
All non-tower WCF applicants must submit documentation to the municipality justifying the total height of the non-tower support structure or wireless support structure. Such documentation shall be analyzed in the context of such justification on an individual basis.
[4]
Antennae, and their respective accompanying support structures, shall be no greater in diameter than any cross-sectional dimension than is reasonably necessary for their proper functioning.
(l)
Standard of care. Any non-tower WCF shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including, but not limited to, the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, and National Electrical Code. Any WCF shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life or safety of any person or damage any property in the municipality.
(m)
Wind and ice. All non-tower WCF structures shall be designed and constructed to withstand the effects of wind and ice 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/TIA-222, as amended). All non-tower WCF structures shall also be designed and constructed to withstand the wind and ice loads for the place of installation in accordance with the Pennsylvania Uniform Construction Code.[3]
[3]
Editor's Note: See 34 Pa. Code, Chapters 401-405.
(n)
Public safety communications. No non-tower WCF shall interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.
(o)
Radio frequency emissions. No non-tower WCF may, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards and regulations of the FCC, including, but not limited to, the FCC Office of Engineering Technology Bulletin 65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended. The owner or operator of such non-tower WCF shall submit proof of compliance with any applicable radio frequency emissions standards to the Municipal Secretary on an annual basis, or within 30 days following a written request by the Borough. A non-tower WCF generating radio frequency emissions in excess of the standards and regulations of the FCC shall be considered an emergency. The municipality reserves the authority to revoke the permit of any non-tower WCF that: 1) fails to timely submit proof of compliance; or 2) that is generating radio frequency emissions in excess of the standards and regulations of the FCC.
(p)
Aviation safety. Non-tower WCFs shall comply with all federal and state laws and regulations concerning aviation safety.
(q)
Inspection report requirements. No later than the first day of December of each odd-numbered year, or within 30 days following a written request by the municipality, the owner of the non-tower WCF shall have said non-tower WCF inspected by a Pennsylvania-licensed and registered professional engineer (P.E.) who is regularly involved in the maintenance, inspection, and/or modification of non-tower WCFs. A copy of said inspection report and certification of continued use shall be provided to the Borough Building Inspector following the inspection. Any repairs advised by the report shall be effected by the owner no later than 60 calendar days after the report is filed with the municipality. No later than 30 calendar days upon completion of aforesaid repairs, the non-tower WCF shall again be inspected in accordance with the parameters and requirements described herein.
(r)
Maintenance. The following maintenance requirements shall apply:
[1]
The non-tower WCF shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.
[2]
Such maintenance shall be performed to ensure the upkeep of the facility in order to promote the safety and security of the municipality's residents.
[3]
All maintenance activities shall utilize nothing less than the best available technology for preventing failures and accidents.
[4]
The municipality reserves the authority to require the cleaning, repainting, or repair, of a non-tower WCF, including, but not limited to, the antennae, accessory equipment, and any other area where the exterior surface or appearance of such facility is not regularly or properly maintained, cleaned, repainted, or repaired.
[5]
Non-tower WCF operators bear sole financial responsibility for all maintenance or emergency repair costs.
(s)
Upgrade; replacement; modification.
[1]
The removal and replacement of non-tower WCFs and/or accessory equipment for the purpose of upgrading, replacing, modifying, or repairing the non-tower WCF is permitted, so long as such upgrade, replacement, modification, or repair does not increase the overall size of the non-tower WCF or the number of antennae.
[2]
Any material modification to a non-tower WCF shall require a prior amendment to the original permit or authorization.
(t)
Removal. In the event that use of a non-tower WCF is discontinued, the owner shall provide written notice to the municipality of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned WCFs or portions of WCFs shall be removed as follows:
[1]
All abandoned or unused non-tower WCFs and accessory facilities shall be removed within three months of the cessation of operations at the site unless a time extension is approved by the municipality.
[2]
If the non-tower WCF or accessory facility is not removed within three months of the cessation of operations at a site, or within any longer period approved by the municipality, the WCF and/or related facilities and equipment may be removed by the municipality and the cost of removal assessed against the owner of the WCF. Any cost to the municipality for such removal which is not paid under the owner's bond shall constitute a lien on the tax lot on which the non-tower WCF is situated and shall be collected in the same manner as a municipal tax on real property.
(u)
Graffiti. Any graffiti on the non-tower WCF, including, but not limited to, the antennae, the wireless support structure, or on any communications equipment or accessory equipment, shall be removed at the sole expense of the owner within 10 days of notification by the municipality.
(v)
Public rights-of-way. No non-tower WCF shall be located, in whole or in part, within the public rights-of-way.
(w)
Signs. All non-tower WCFs shall post a sign in a readily visible location identifying the name and phone number of a party to contact in the event of an emergency. No other signage or display is permitted.
(x)
Lighting. Non-tower WCF 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.
(y)
Emergency power supplies. Where practicable, non-tower WCF shall be constructed with both primary and secondary sources of electric power. If included, the secondary source of electric power shall be an electric generator, located on site and equipped with sufficient fuel reserves to supply continuous electric power to operate the non-tower WCF and its antennae for a period of 10 days. The secondary source of electric power shall not be used, except in emergency situations involving the loss of the primary power source. The WCF operator may activate the electric generator to test the secondary power source or to perform routine maintenance on the electric generator, provided that the WCF operator deliver written notice to the Borough Secretary at least five business days prior to such electric generator testing or electric generator maintenance.
(z)
Noise. Non-tower WCFs shall be operated and maintained so as not to produce noise in excess of applicable noise standards under state law and the Code of the Borough of Denver, except in emergency situations requiring the use of an electrical generator, where such noise standards may be exceeded on a temporary basis only.
(aa)
Inspection by municipality. The municipality reserves the right to inspect any non-tower WCF to ensure compliance with the provisions of this section and any other provisions found within the Code of the Borough of Denver or state or federal law. The municipality and/or its agents shall have the authority to enter the property upon which a non-tower WCF is located at any time, upon reasonable notice to the operator, to ensure such compliance.
F.
Regulations applicable to all small wireless communications facilities.
(1)
The following regulations shall apply to small wireless communications facilities:
(a)
Development requirements.
[1]
Small WCF are permitted by approval from the Zoning Officer in all zoning districts, subject to the requirements of this section and generally applicable permitting as required by the Code of the Borough of Denver.
[2]
Small WCF located within districts, or subportions thereof, that require utilities to be located underground shall be co-located on existing or replacement wireless support structures. No new wireless support structure may be installed for the purpose of supporting a small WCF within districts, or subportions thereof, that require utilities to be located underground.
[3]
Small WCF in the public rights-of-way requiring the installation of a new wireless support structure shall not be located directly in front of any building entrance or exit.
[4]
All small WCF shall comply with the applicable requirements of the Americans with Disabilities Act, or similar federal or state standards regarding pedestrian access or movement, as well as all applicable streets and sidewalks requirements in the Code of the Borough of Denver.
(b)
Application procedures.
[1]
Any applicant proposing the installation, operation, replacement, or removal of a small WCF shall submit an application to the municipality for site plan review by the Zoning Officer.
[2]
The applicant shall prove that it is licensed by the FCC to operate a small WCF and that the proposed small WCF complies with all applicable standards established by the FCC governing human exposure to electromagnetic radiation.
(c)
Timing of determination. All applications for small WCFs shall be acted upon by the municipality within a specific number of days following the receipt of the following: 1) a fully completed application for the approval of such small WCF; and 2) a fully paid application fee in an amount specified by the Master Fee Schedule. Unpaid applications are incomplete and not duly filed with the Borough. The timing of determination for small WCF applicants shall be as follows:
[1]
Within 10 calendar days of the date that an application for a small WCF is filed with the municipality, the Zoning Officer shall notify the WCF applicant in writing if an application is incomplete and shall advise the WCF applicant of any information that may be required to complete such application.
[2]
Within 60 days of receipt of a completed application for co-location of a small WCF on a preexisting wireless support structure, the Zoning Officer shall make a final decision on whether to approve or deny the application and shall notify the WCF applicant in writing of such decision.
[3]
Within 90 days of receipt of a completed application for a small WCF requiring the installation of a new wireless support structure, the Zoning Officer shall make a final decision on whether to approve the application and shall notify the WCF applicant in writing of such decision.
[4]
If the municipality's determination of a small WCF application is a denial, the municipality shall document the basis for a denial in writing, including the specific provisions of applicable codes, laws, or regulations on which the denial is based, and send the documentation to the small WCF applicant within five business days of the determination of a denial.
[5]
If a small WCF applicant receives a written denial, the small WCF application may cure the deficiencies identified by the municipality and resubmit the application within 30 days of receiving the written basis for the denial without being required to pay an additional application fee. The municipality shall approve or deny the revised application within 30 days of the application being resubmitted for review. Any subsequent review by the municipality shall be limited to the deficiencies cited in the written denial. If the resubmitted small WCF application addresses or changes other sections of the small WCF application that were not previously denied, the municipality shall have an additional 15 days to review the resubmitted small WCF application and the municipality may charge an additional fee for the review.
(d)
Eligible facilities request.
[1]
Small WCF operators proposing a modification to an existing small WCF that does not substantially change the dimensions of the underlying structure or wireless support structure shall be required only to obtain a construction permit from the municipality.
[2]
In order to be considered for such permit, the small WCF operator must submit a construction permit application to the municipality in accordance with the Code.
[3]
The timing of determination for small WCF operators proposing a modification to an existing small WCF that does not substantially change the dimensions of the underlying structure or wireless support structure shall be as follows:
[a]
Within 30 calendar days of the date that an application for a modification to an existing small WCF that does not substantially change the dimensions of the underlying structure or wireless support structure is filed with the Borough Building Inspector, the municipality shall notify the applicant in writing if the application is incomplete and shall advise of any information that may be required to complete such application.
[b]
An application for a modification to an existing small WCF that does not substantially change the dimensions of the underlying structure or wireless support structure shall be deemed complete when all documents, information and fees required by the municipality's regulations, laws and forms pertaining to the location, modification or operation of wireless communications facilities are submitted by the applicant to the municipality. In case of incompleteness of the application, the municipality shall promptly notify the applicant that the application is not complete and the time for the determination of such application shall not commence until a fully completed application is received by the municipality.
[c]
Within 60 days of receipt of a completed application for a modification to an existing small WCF that does not substantially change the dimensions of the underlying structure or wireless support structure, the Borough Building Inspector shall make a final decision on whether to approve or deny the application and shall notify the WCF applicant in writing of such decision.
(e)
Nonconforming wireless support structures. Small WCF shall be permitted to co-locate upon nonconforming tower-based WCF and other nonconforming structures. Co-location of WCF upon existing tower-based WCF is encouraged even if the tower-based WCF is nonconforming as to use within a zoning district.
(f)
Application fees. The municipality may assess appropriate and reasonable application fees directly related to the municipality's actual costs in reviewing and processing the application for approval of a small WCF, as well as related inspection, monitoring, and related costs, subject to the limitations in this section, in amounts specified by the Master Fee Schedule.
(g)
Standard of care. Any small WCF shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including, but not limited to, the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, National Electrical Code, the Pennsylvania Uniform Construction Code,[4] or to the industry standard applicable to the structure. Any WCF shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the municipality.
[4]
Editor's Note: See 34 Pa. Code, Chapters 401-405.
(h)
Historic buildings and districts. No small WCF may be located on, or within 100 feet of, any historic or preservation district, property, building or structure that is listed on either the National or Pennsylvania State Register of Historic Places, or eligible to be so listed, or is included in the official historic structures list maintained by the municipality, or so designated as a landmark by the Code.
(i)
Wind and ice. All small WCF shall be designed and constructed to withstand the effects of wind and ice 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/TIA-222, as amended), or to the industry standard applicable to the structure. All small WCF structures shall also be designed and constructed to withstand the wind and ice loads for the place of installation in accordance with the Pennsylvania Uniform Construction Code.[5]
[5]
Editor's Note: See 34 Pa. Code, Chapters 401-405.
(j)
Radio frequency emissions. A small WCF shall not, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards and regulations of the FCC, including, but not limited to, the FCC Office of Engineering Technology Bulletin 65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended. The owner or operator of such small WCF shall submit proof of compliance with any applicable radio frequency emissions standards to the municipal secretary on an annual basis, or within 30 days following a written request by the Borough. A small WCF generating radio frequency emissions in excess of the standards and regulations of the FCC shall be considered an emergency. The municipality reserves the authority to revoke the permit of any small WCF that: 1) fails to timely submit proof of compliance; or 2) that is generating radio frequency emissions in excess of the standards and regulations of the FCC.
(k)
Time, place and manner. The municipality shall determine the time, place and manner of construction, maintenance, repair and/or removal of all small WCF in the public rights-of-way based on public safety, traffic management, physical burden on the public rights-of-way, and related considerations.
(l)
Accessory equipment. Small WCF and accessory equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, create safety hazards to pedestrians and/or motorists, or to otherwise inconvenience public use of the public rights-of-way as determined by the municipality.
(m)
Graffiti. Any graffiti on the small WCF, including, but not limited to, the antennae, the structure, the wireless support structure, or any accessory equipment, shall be removed at the sole expense of the owner within 10 days of notification by the municipality.
(n)
Minimize impact on businesses and residential development. Poles should be located, to the extent possible, to minimize impact on businesses and residential development by avoiding placement directly in front of building entrances, windows, primary entry walks, or delivery zones or entrances. Poles shall be installed, co-located on, or replaced with a minimum ten-foot setback from residential buildings and 20 feet from commercial buildings.
(o)
Furnishing zone. All poles must be located in the furnishing zone (i.e., in most cases, as close to back of curb as possible). In some areas where there are existing tree pits, decorative streetlights, and other furnishings, poles shall be aligned with existing furnishings as applicable in order to maintain a visual and physical organization of structures within the right-of-way. Placement of poles shall not interfere with a clear, unobstructed, or continuous pedestrian path.
(p)
Overhead lines. Where there are existing poles on the same blockface as the proposed new pole, the new pole shall be placed in-line with the existing poles and furnishings, and all aerial cables and wires shall be installed parallel to existing telephone and electric lines.
(q)
Underground lines. All lines connecting to a small wireless communications facility, including but not limited to power, transport facilities, and connections for municipal streetlights, shall be underground in those areas of the municipality where existing utilities' facilities are underground at the time of the installation of the small WCF telecommunications system. Where aerial cables and wires cannot be installed parallel to existing telephone and electric lines, all new lines shall be underground.
(r)
Maintenance. The following maintenance requirements shall apply:
[1]
Any small WCF shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.
[2]
Such maintenance shall be performed to ensure the upkeep of the facility in order to promote the safety and security of the public.
[3]
All maintenance activities shall utilize nothing less than the best available technology and practices for preventing failures and accidents.
[4]
The municipality reserves the authority to require the cleaning, repainting, or repair, of a small WCF, including, but not limited to, the antennae, wireless support structure, accessory equipment, and any other area where the exterior surface or appearance of such facility is not regularly or properly maintained, cleaned, repainted, or repaired.
[5]
Small WCF operators bear sole financial responsibility for all maintenance or emergency repair costs. The financial responsibility of small WCF operators for maintenance or emergency repair costs is exclusive and independent from the municipality's costs in managing and maintaining the public rights-of-way.
(s)
Design standards. All small WCF in the municipality shall comply with the requirements of the Borough of Denver Small Wireless Communications Facility Design Manual, a copy of which is on file with the municipality.
(t)
Co-location. An application for a small WCF with a new wireless support structure in the public rights-of-way shall not be approved unless the municipality finds that the proposed small WCF cannot be accommodated on an existing structure or wireless support structure, such as a utility pole. Any application for approval of a small WCF shall include a comprehensive inventory of all existing towers and other suitable structures or wireless support structures within a one-quarter-mile radius from the point of the proposed small WCF, unless the applicant can show to the satisfaction of the municipality that a different distance is more reasonable, and shall demonstrate conclusively why an existing tower, structure, or other suitable wireless support structure cannot be utilized.
(u)
Relocation or removal of facilities. Within 90 days following written notice from the municipality, or such longer period as the municipality determines is reasonably necessary or such shorter period in the case of an emergency, an owner of a small WCF in the public rights-of-way shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any WCF when the municipality, consistent with its police powers and applicable Public Service Commission regulations, shall determine that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:
[1]
The construction, repair, maintenance or installation of any municipality or other public improvement in the public rights-of-way;
[2]
The operations of the municipality or other governmental entity in the right-of-way;
[3]
Vacation of a street or road or the release of a utility easement; or
[4]
An emergency as determined by the municipality.
(v)
Inspection report requirements. No later than the first day of December of each odd-numbered year, or within 30 days following a written request by the municipality, the owner of the small WCF shall have said small WCF inspected by a Pennsylvania-licensed and registered professional engineer (P.E.) who is regularly involved in the maintenance, inspection, and/or modification of small WCFs. A copy of said inspection report and certification of continued use shall be provided to the Borough Building Inspector following the inspection. Any repairs advised by the report shall be effected by the owner no later than 60 calendar days after the report is filed with the municipality. No later than 30 calendar days upon completion of aforesaid repairs, the small WCF shall again be inspected in accordance with the parameters and requirements described herein.
(w)
Retention of consultants or experts. The municipality may hire any consultant(s) and/or expert(s) necessary to assist the municipality in reviewing and evaluating the application for approval of the small WCF 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 small WCF shall reimburse the municipality for all reasonable costs of the municipality's consultant(s) and/or expert(s) in providing expert evaluation and consultation in connection with these activities, provided that such costs are a reasonable approximation of costs incurred, the costs are reasonable, and the costs are nondiscriminatory.
(x)
Reimbursement for use and occupancy of the public rights-of-way. In addition to permit fees as described in this section, every small WCF in the public rights-of-way is subject to the municipality's right to fix annually a fair and reasonable fee to be paid for use and occupancy of the public rights-of-way. Such compensation for public rights-of-way use shall be directly related to the municipality's actual public rights-of-way management costs including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other public rights-of-way management activities by the municipality. The owner of each small WCF shall pay an annual fee to the municipality, in an amount specified by the Master Fee Schedule, to compensate the municipality for the municipality's costs incurred in connection with the activities described above. Such fees shall comply with the applicable requirements of the Federal Communications Commission. The municipality reserves the authority to revoke the permit of any small WCF that fails to timely remit annual payment of the small WCF public rights-of-way use and occupancy fee to the municipality.
(y)
Inspection by municipality. The municipality reserves the right to inspect any small WCF to ensure compliance with the provisions of this section and any other provisions of the Borough Code or state or federal law or regulation. The municipality and/or its agents shall have the authority to enter the property or public rights-of-way upon which a small WCF is located at any time, upon reasonable notice to the operator, to ensure such compliance.
G.
Regulations applicable to all wireless facilities.
(1)
Borough property. Nothing in § 200-69 shall be deemed to create any offer, right, or entitlement to use municipal property for the construction or operation of tower-based WCF, non-tower WCF, small WCF, wireless support structures, or related facilities. Any such tower-based WCF, non-tower WCF, small WCF, wireless support structure, or related facility proposed to be sited on property owned, leased, or otherwise controlled by the Borough of Denver may be exempt from the requirements of § 200-69. The Zoning Hearing Board retains the right to require applicants to obtain site plan approval from the Zoning Hearing Board in accordance with the requirements of § 200-69. No tower-based WCF, non-tower WCF, small WCF, wireless support structures, or related facilities may be constructed or installed on municipal property until a license or lease agreement authorizing such wireless facility has been approved by the Zoning Hearing Board.
(2)
Penalties. Any person violating any provision of this section shall be subject, upon finding by a magisterial district judge, to a penalty not exceeding $500, 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 municipality 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.
(3)
Determination of violation. In the event the municipality determines 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 municipality may, in its sole discretion, 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 municipality may take any and all actions authorized by this section and/or federal and/or Pennsylvania law and regulations.
(4)
Revocation of special exceptions. Any special exceptions granted under this chapter may be revoked by the Zoning Hearing Board after a hearing, conducted on at least 15 days' written notice to the owner of the wireless communications facility and any related facilities, and an opportunity to be heard. If at such hearing the Zoning Hearing Board determines that substantial evidence exists that the wireless communications facility and related facilities constitute a threat to public safety, health, or welfare, or that the conditions of the special exception have been materially violated, the Zoning Hearing Board may revoke the special exception permit.
H.
Insurance and indemnification of wireless facilities.
(1)
Insurance.
(a)
Requirement of insurance. Each person that owns, operates, or removes a tower-based, non-tower, or small wireless communications facility shall purchase and maintain, at its sole expense, certain insurance coverages of specified minimum rating, as listed herein, and shall provide documentation to the Borough Secretary, upon request, and as provided herein.
(b)
No payment or reimbursement. Each person that owns, operates, or removes a tower-based, non-tower, or small wireless communications facility shall be solely responsible for bearing the costs of furnishing and maintaining all required insurance coverages of specified minimum rating, as listed herein. The municipality shall not provide direct payment or reimbursement to persons for the costs of maintaining, or the costs of furnishing, the required insurance coverages.
(c)
Specified minimum insurance ratings, registration, and additional endorsement. All insurance carriers listed in the certificate(s) of insurance for the required insurance coverages shall have, at minimum, a credit rating of "Rated A VII or Better" from the A.M. Best Company and shall be licensed in the Commonwealth of Pennsylvania. Each person that owns, operates, or removes a tower-based, non-tower, or small wireless communications facility shall name the Borough of Denver as an additional insured by endorsement on the certificate(s) of insurance.
(d)
Furnishment of certificates prior to commencement. Prior to the commencement of any construction, operation, or removal, each person that owns, operates, or removes a tower-based, non-tower, or small wireless communications facility shall furnish certificates of insurance to the Borough Secretary evidencing coverage in compliance with the regulations herein. The failure of the Borough of Denver to object to the contents of the certificate(s) of insurance or absence of same shall not be deemed a waiver of any legal rights held by the Borough of Denver.
(e)
Revocation of permit. The failure of any person to construct, operate, or remove a wireless communications facility without complying with the insurance coverage and administrative requirements herein shall constitute an emergency. Upon such emergency, the municipality reserves the authority to revoke the permit of any wireless communications facility for failure to comply with the insurance coverage and administrative requirements herein.
(f)
Minimum insurance requirements. Each person that owns or operates a tower-based, non-tower, or small wireless communications facility shall maintain the following minimum insurance coverages:
[1]
Worker's compensation and employer's liability policy, covering operations in the Commonwealth of Pennsylvania. Where applicable, U.S. Longshore and Harbor Workers Compensation Act endorsement and Maritime Coverage endorsement shall be attached to the policy. Waiver of subrogation to be included with documentation provided to the Borough Secretary.
[2]
Commercial general liability policy, with limits of no less than $1,000,000 each occurrence, per WCF location and $2,000,000 general aggregate, per WCF location, with limits for bodily injury and property damage, and shall contain the following coverages and endorsements:
[a]
Premises and operations.
[b]
Products/completed operations.
[c]
Independent contractors.
[d]
Personal and advertising injury.
[e]
Blanket contractual liability.
[f]
Explosion, collapse, underground liability (XCU).
[g]
Borough of Denver and their assigns, officers, employees, volunteers, representatives and agents should be named as an "additional insured" on the policy using ISO Additional Insured Endorsement CG 20 10 11/85 or an endorsement providing equivalent or broader coverage and shall apply on a primary and noncontributory basis, including any self-insured retentions.
[h]
The certificate of insurance should show this applies to the general liability coverage on the certificate, and additional insured endorsement shall be attached.
[i]
To the extent permitted by Pennsylvania law, each person that owns, operates, or removes a tower-based, non-tower, or small wireless communications facility waives all rights of subrogation or similar rights against the Borough of Denver, assigns, officers, employees, volunteers, representatives and agents.
[j]
Cross liability coverage (commercial general liability and business automobile lability policies only).
[k]
Coverage must be written on an occurrence policy form.
[l]
No deductible or self insured retention should exceed $50,000.
[3]
Comprehensive automobile policy, with limits of no less than $1,000,000. Bodily injury and property damage liability including, but not limited to, coverage for owned, any auto non-owned, and hired private passenger and commercial vehicles. The Borough of Denver and their assigns, officers, employees, representatives and agents should be named as an "additional insured" on the policy. The certificate of insurance should show this applies to the automobile liability coverage on the certificate, and additional insured endorsement shall be attached. To the extent permitted by Pennsylvania law, each person that owns, operates, or removes a tower-based, non-tower, or small wireless communications facility waives all rights of subrogation or similar rights against Borough of Denver, assigns, officers, employees, representatives and agents. Coverage must apply on a primary and noncontributory basis.
[4]
Umbrella liability, with limits of no less than $5,000,000 each occurrence per WCF location and $5,000,000 general aggregate per WCF location, including, but not limited to, coverage for general liability, automobile, workers' compensation. Coverage must be written as an occurrence policy.
[5]
Professional liability (if applicable), with limits no less than $1,000,000 per claim. Coverage must be written as an occurrence policy.
(g)
Increasing the minimum insurance requirements. The minimum insurance requirements specified herein may be increased at any time upon the review and determination of the Borough's Risk Management Committee.
(h)
Notice prior to cancellation or expiration of insurance. The certificate(s) of insurance shall provide that 30 days' written notice prior to cancellation or expiration be given to the Borough Secretary via U.S. Postal Mail. Insurance policies that lapse and/or expire during term of work shall be recertified and received by the Borough Secretary no less than 30 days prior to expiration or cancellation of the respective policy.
(i)
Indemnification.
[1]
Requirement to indemnify and hold harmless. Each person that owns or operates a tower-based WCF, a non-tower WCF, or a small WCF shall, at its sole cost and expense, indemnify, defend and hold harmless the municipality, its elected and appointed officials, employees and agents, at all times against any and all claims for personal injury, including, but not limited to, 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 each of its WCF.
[2]
Requirement to defend. Each person that owns or operates a tower-based WCF, a non-tower WCF, or a small WCF shall defend any actions or proceedings against the municipality in which it is claimed that personal injury, including, but not limited to, death, or property damage was caused by the construction, installation, operation, maintenance or removal of each of its WCF. The obligation to indemnify, hold harmless and defend shall include, but not be limited to, the obligation to pay judgments, injuries, liabilities, damages, reasonable attorneys' fees, reasonable expert fees, court costs, and all other costs of indemnification.
[3]
Indemnification and hold harmless agreement requirement. Prior to the initial commencement of any construction, operation, or removal, each person that owns, operates, or removes a tower-based, non-tower, or small wireless communications facility shall furnish an "indemnification and hold harmless agreement" to the Borough Secretary.
[1]
Editor's Note: Section V of this ordinance stated: "Police powers. The Borough, by granting any permit or taking any other action pursuant to this chapter, does not waive, reduce, lessen or impair the lawful police powers vested in the Borough under applicable federal, state and local laws and regulations."
§ 200-70 Conversion apartments.
[Amended 1-29-2018 by Ord. No. 644; 9-30-2019 by Ord. No. 657]
Conversions in the Business District to single-family homes are not allowed. Single-family conversions in other districts and apartment conversions (including conversions from nonresidential to residential uses and conversions increasing the number of dwelling units) shall be subject to the following criteria:
A.
The use shall meet the applicable minimum lot area, yard, building area, off-street parking and other applicable requirements for the district. After conversion, the minimum lot area shall be at least 4,000 square feet of lot area per dwelling unit.
B.
Conversion apartments in the Business District are limited to units on the second floor or above.
C.
Separate cooking, kitchen and sanitary facilities shall be provided for each dwelling unit.
D.
Single-family detached dwellings which are converted must maintain the appearance of a single-family detached dwelling with a single front entrance. Additional entrances may be placed on the side or rear of the structure. The dwelling units may internally share the single front entrance. Exterior stairways and fire escapes shall be located on the rear wall in preference to either sidewall.
E.
To be considered a conversion, any proposed alteration must be confined to the interior of an already existing structural shell.
F.
Any proposal to extend the sides or increase the height of an existing structure shall not be considered a conversion and shall be required to meet the appropriate provisions established in that district for that particular use.
G.
The conversion of a single-family detached dwelling into two units shall not be allowed if it would require a second front entrance or an outside fire escape on a front wall or on a sidewall facing a street.
H.
Except as may be necessary for purposes of safety in accordance with the preceding subsection, there shall be no major structural change in the exterior of a previously residential building in connection with the conversion. After conversion, any previously residential building shall retain substantially the same structural appearance it had before such conversion.
I.
Applicable state firesafety requirements shall be met.
J.
All dwelling units shall have direct means of escape to the exterior at ground level and be equipped with one operable fire detection device.
K.
Off-street parking spaces shall be located to the side or rear of the converted structure.
L.
Trash receptacles shall not be visible from the street or abutting properties except on scheduled pickup days.
M.
Separate water meters, remote readers and water supply must be provided to each conversion unit.
§ 200-71 Day-care centers.
Day-care centers are subject to the following criteria
A.
The property shall be served by public water and sewer facilities.
B.
The applicant shall obtain written approval or licensure of the day-care center from the Pennsylvania Department of Public Welfare.
C.
Unloading and loading of children/adults from vehicles shall only be permitted on the driveway or on the approved parking area.
E.
Play areas for children shall be fenced and shall be located no closer than 50 feet to any lot line or road right-of-way, except that play area setbacks may be reduced to 25 feet from side and rear lot lines when a dense screen planting or fence is established and maintained within the setback area.
§ 200-72 Dry cleaners, laundries and laundromats.
Dry cleaners, laundries and laundromats are subject to the following criteria:
A.
All activities shall be conducted within a completely enclosed building.
B.
During operation or plant cleanup and maintenance, all windows and doors on walls facing adjoining residential districts shall be kept closed.
C.
Any exhaust ventilation equipment shall be directed away from adjoining residentially zoned property.
D.
Self-service laundromats shall require one off-street parking space for each two washing machines; other laundry-related uses shall provide one off-street parking space for each 400 square feet of gross floor area.
§ 200-73 Fast-food restaurants.
A.
A fast-food restaurant shall screen all trash containers.
B.
A fast-food restaurant shall provide landscaping on all areas not covered by buildings, structures, parking areas or access drives.
C.
A fast-food restaurant may provide an outdoor menu board (beyond the signs normally permitted) if drive-up service is provided to customers in their vehicles.
D.
A fast-food restaurant shall comply with all the requirements of a drive-through facility.
§ 200-74 Funeral homes, crematoria and mortuaries.
Funeral homes, crematoria and mortuaries are subject to the following criteria:
A.
The subject tract shall front on and gain access from either a major collector or minor collector road as identified in the Comprehensive Plan, or a street in a proposed subdivision or land development plan which conforms to prevailing collector street design or improvement requirements.
B.
The applicant shall submit a plan to demonstrate that sufficient off-street parking will be provided to prevent traffic backups onto adjoining roads.
C.
The Borough may require screening.
D.
The applicant shall furnish expert testimony that the disposal of human remains, and related chemicals and materials, shall be in accordance with applicable laws and standards.
§ 200-75 Health and fitness clubs.
Health and fitness clubs are subject to the following criteria:
A.
Off-street parking shall be provided, as required by the combination of elements comprising the health club, including accessory uses.
B.
All outdoor recreation facilities shall be set back at least 50 feet from the street right-of-way line, and 25 feet from all other lot lines.
C.
Any accessory eating or retail use shall not be directly accessible without passing through the main clubhouse building.
§ 200-76 Home occupations.
A.
Number. No more than one home occupation shall be permitted per dwelling unit.
B.
Location and workers: is customarily carried on within a dwelling unit or accessory building by one or more occupants of such dwelling, and up to one person not residing in such dwelling may be employed.
C.
Size. The use shall not occupy more than 25% of the habitable floor area of the dwelling unit.
D.
Signs. A sign indicating products made or services rendered shall not exceed two square feet in any district. Only one on-premises sign is permitted.
E.
Parking and loading. Adequate space for off-street parking and loading shall be provided.
F.
Building appearance. There shall be no outdoor storage or display and no change in the existing outside appearance of the building or premises or other visible evidence of the conduct of such home occupation or home professional office other than a sign.
G.
Nuisance prohibited. No machinery or equipment shall be permitted that produces noise, odor, vibration, light, or electrical interference beyond the boundary of the subject property.
H.
Trucks prohibited. No trucks or similar vehicles associated with the business for pickup or delivery are allowed.
I.
Sale of articles. Only articles that are produced on the premises shall be sold on the premises. Articles produced elsewhere shall not be sold on the premises.
J.
Hours of operations. The Zoning Hearing Board shall determine hours of operation of the use, based on the proposed location of said use.
K.
Traffic. No home occupation shall be permitted that would generate traffic or off-street parking in excess of what is normal in the residential neighborhood.
L.
Chemicals. The use shall not involve the storage or use of hazardous or explosive materials or chemicals.
§ 200-77 Hospitals and related uses.
Hospitals and related uses are subject to the following criteria:
A.
Minimum lot size shall be five acres.
B.
All buildings shall be at least 100 feet from any street or lot line.
C.
Access shall be to a road classified as an arterial or collector in the Comprehensive Plan.
D.
Adequate provision shall be made for a system of roads sufficient to accommodate predictable vehicular traffic and to ensure safe and efficient vehicular access for emergency management equipment.
E.
Emergency entrances shall be located on a building wall which faces away from adjoining residentially zoned properties, or separated by at least 300 feet from residentially zoned properties.
F.
Adequate provision shall be made for the collection, disposal, and recycling of garbage, trash, and medical and hazardous waste.
G.
Where more than one of the uses enumerated in Subsection H below is proposed, either at one time or separately over time, integrated site function and design shall be required, consistent with the creation of a campus-like environment.
H.
Permitted uses:
(1)
Day-care facilities.
(2)
Commercial schools with exclusively health-care-related curricula intended to prepare enrolled students for careers in health care, nursing schools, and other allied health technology training programs.
(3)
Health and fitness clubs.
(4)
Hospitals and hospices.
(5)
Intermediate care and skilled nursing facilities.
(6)
Medical and dental offices.
(7)
Outpatient health services, including, but not limited to, laboratories, radiological and diagnostic imaging services, blood banks, outpatient surgery centers, and outpatient clinics and patient-care facilities.
(8)
Accessory buildings, uses and services customarily incidental to the above uses, including, but not limited to, the following:
(a)
Administrative offices.
(b)
Automobile parking lots and parking garages.
(c)
Housing for students, employees, and their families in accordance with the standards of the district.
(e)
Lodging facilities for patients and their families.
(f)
Public uses and essential services (e.g., private central utility plant, electrical switching facility, steam generation facility, heating facility, ventilation facility, and oxygen facility).
(9)
Retail sales of medical/health-care-related supplies (e.g., durable medical equipment, prosthetics, pharmaceutical supplies) and retail sales/service for the convenience of employees, patients, and visitors (e.g., uniforms, flowers, gifts, uniform cleaning, barber/beauty salons, automatic teller banking, restaurants). All retail sales and services shall be located within buildings in which other permitted uses are located. Retail sales and services may not exceed 5% of the floor area of existing buildings within this district.
(10)
Short-term, intermittent educational programs which are not intended to prepare students for careers in health care, but, rather, are intended to inform employees, patients, health care providers or the public regarding health care issues.
I.
Specific requirements for selected accessory uses:
(1)
Helistops. The helistop shall only be used for the emergency transport by helicopter of patients to or from other permitted health-care-related uses. The helistop shall not include auxiliary facilities, such as fueling and maintenance equipment. The heliport shall be set back a minimum of 300 feet from any adjoining property and any street. The applicant must demonstrate compliance, through a written statement, and continue to comply with applicable state and federal standards.
(2)
Incinerators and autoclaves. Only the processing of waste generated on-site is permitted. All processing and storage of waste shall be conducted within a completely enclosed building. All storage of waste shall be in a manner that is leak- and vector-proof. No storage of waste shall exceed seven days in length. The incinerator shall be set back at least a distance equal to its height from all lot lines. The applicant must demonstrate compliance, through a written statement, and continue to comply with all applicable state and federal standards and regulations.
J.
Maximum permitted height: 60 feet for hospitals.
§ 200-78 Hotels and motels.
A.
Hotel or motel units shall not be used as apartments for nontransient tenants, shall not contain more than two rooms (excluding bathrooms or kitchens) and shall not be connected by interior doors in groups of more than two units each.
B.
Each hotel or motel room unit shall have an area of at least 300 square feet. Each hotel or motel unit shall have a bath facility with at least one shower or bath, toilet facility and sink.
C.
Each hotel or motel shall have an office.
D.
One apartment with or without kitchen facilities for the use of the hotel or motel manager or caretaker and family within the hotel or motel building is a permitted accessory use.
E.
Recreational facilities limited to guests of the use and a standard restaurant may be permitted accessory uses to a hotel or motel.
F.
A hotel or motel shall comply with all applicable Borough, state, and other building, plumbing, and electrical code requirements.
G.
Waste holding (dumpster) areas shall be located no more than 15 feet from the principal building and shall be screened with a minimum eight-foot-high screen of either natural or man-made materials.
H.
The applicant shall provide a plan for the control of trash, noise, loitering and parking.
I.
Public sewer and public water service is required.
§ 200-79 Junkyards and salvage yards.
A.
The premises shall be maintained so as not to constitute a nuisance or a menace to the health of the residents and inhabitants of the Borough and shall be maintained so as not to constitute a place for the breeding of rodents and vermin.
B.
No garbage or organic waste shall be stored.
C.
Whenever any motor vehicle or part thereof shall be received in the junkyard and shall not be held for resale as an operating unit, all gasoline and oil shall be removed from the motor vehicle or part thereof.
D.
The manner of storage and arrangement of materials shall be such as to provide for adequate access for fire-fighting purposes.
E.
The manner of storage, arrangement of materials, and drainage facilities shall be such as to prevent the accumulation of stagnant water upon the premises.
F.
No open burning shall be permitted.
G.
All junkyards shall be completely enclosed, except at entrances, by an evergreen planting screen of a minimum height of six feet which shall be backed by a fence at least six feet in height. The fence shall contain gates at all entrances which shall be locked except during operating hours.
H.
No materials shall be stored less than 50 feet from any street outside the lot on which the junkyard is located, and no materials shall be stored less than 50 feet from a lot line of the lot on which the junkyard is located.
I.
No materials stored within the junkyard shall be stacked to a height exceeding the height of the evergreen planting screen enclosing the junkyard, provided that in no case shall materials be stacked to a height exceeding 10 feet.
J.
No portion of any lot including such a use shall be located within 500 linear feet of any portion of one lot, including any of the following uses: primary or secondary school, church or related use, amusement park, public park, camp or campground, community center, museum, day-care center, child nursery, library, residential district or any site marked as a proposed future park location on any Borough Official Map.
§ 200-80 Kennels.
A.
All kennels shall provide the minimum area for kennels required by state regulations. State laws regulating kennels are hereby referenced.
B.
All buildings in which animals are housed and all runs shall be located at least 100 feet from all lot lines.
C.
Buildings shall be adequately soundproofed so that sounds generated within the buildings cannot be heard at the lot lines
D.
Outdoor animal runs may be provided for small animals so long as a visual barrier at least four feet in height is provided between the runs and a double evergreen screen at least six feet in height is provided around the runs. No animal shall be permitted to use the outdoor runs from 8:00 p.m. to 8:00 a.m.
§ 200-81 Low-rise and garden apartment developments.
The following specific standards shall apply to each use permitted by right and each use permitted as a conditional use:
A.
Specific intent. The intent of this section is to provide regulations that encourage well-planned and designed low-rise and garden apartment developments appropriate to the district and in harmony with adjacent existing development. The following regulations shall apply where low-rise and garden apartment development is allowed.
B.
Low-rise or garden apartment standards. The following standards shall be observed:
(1)
Centralized water and sewer. All apartments shall be served by public water supply and sewage disposal systems.
(2)
Underground utilities. All utilities shall be placed underground.
(3)
Minimum lot area. Apartment developments shall provide a lot area of at least four acres, and at least 4,000 square feet of land area shall be provided for each dwelling unit in the R-1 District and at least 3,000 square feet of land area shall be provided for each dwelling unit in the R-2 District.
(4)
Maximum building coverage. The maximum building coverage shall be 20% and the maximum impervious surface coverage shall be 40% in the R-1 and R-2 Districts.
(5)
Setbacks. All principal buildings shall be at least 30 feet from all street right-of-way lines and property lines. Garages shall be at least five feet from all side and rear property lines and at least 25 feet from all street right-of-way lines.
(6)
Maximum height. Maximum height of all buildings shall not exceed three stories or 35 feet. No dwelling unit shall be more than two stories above its ground entrance without the use of elevators.
(7)
Building separations. No building which has three or fewer stories shall have any wall greater than 100 feet in horizontal length, and every building which has three or fewer stories shall be separated from no more than two other buildings by at least 25 feet and shall be separated from all other buildings by at least 1 1/2 times the height of the building.
(8)
Maximum building unit size. No more than 10% of the dwelling units within an apartment development shall contain more than three bedrooms, and no more than 40% of the total number of dwelling units shall contain three bedrooms.
(9)
Maximum density.
(a)
The density shall not exceed 10 dwelling units per gross acre of land included within the development in the R-1 District, and shall not exceed 12 1/2 dwelling units per gross acre of land included in the R-2 District.
(b)
In addition, no land of such size as to be capable of further development or subdivision for additional dwelling units shall be counted to determine maximum density unless the possibility of such development or subdivision is precluded by deed restriction or agreement in a form acceptable to the Borough Solicitor and duly recorded in the Office of the Recorder of Deeds for Lancaster County, by transfer of development rights to the Borough, or by dedication for public purposes.
(10)
Building location, orientation and design. The location, orientation and design of all buildings shall given consideration for site terrain and other natural features.
(11)
Recreation spaces. One or more recreation spaces (each with a minimum area of 2,500 square feet) shall be provided whose total area equals at least 200 square feet per dwelling unit. All recreation spaces shall be located in areas suitable for outdoor recreation. Except for recreation buildings, all recreation spaces shall be at least 20 feet from any building or adjoining property line.
(12)
Buffer yard. A twenty-foot buffer yard shall be located along the sides and rear of any low-rise or garden apartment in the R-1 and R-2 Districts.
(13)
Homeowners' and/or condominium agreements. If any dwelling units are to be sold under homeowners' and/or condominium agreements, such agreements or documents must be filed with the subdivision/land development plan.
(14)
Off-street parking. The off-street parking requirements of Article VIII shall be complied with.
(15)
Minimum open space.
(a)
Minimum open space shall be 20% of the total site excluding existing street rights-of-way. Priority for selecting areas of open space preservation shall be given to watercourses, ponds, floodplain areas, alluvial soils, lands having slopes in excess of 15% and forests with trees greater than six-inch caliper covering an area larger than 1/2 acre. The open space land selected pursuant to these priorities should not be improved or used in such manner as to disturb its natural characteristics.
(b)
The proper operation and maintenance of all open spaces shall be secured by an appropriate organization with legal responsibility for the same. If the dwellings are sold, the organization may be a condominium, cooperative, a homes association, trust or other appropriate nonprofit organization of the dwelling unit owners, organized in a manner found by the Borough Solicitor to be legally effective and able to carry out its maintenance and operating responsibilities. It is the intention of this chapter to authorize the remedies provided in Section 705(d)(2) and (3) of the MPC[1] and the same are hereby incorporated by reference.
[1]
Editor's Note: See 53 P.S. § 10705(d)(2) and (3).
§ 200-82 Membership clubs.
Clubhouses or lodges for fraternal or social purposes are subject to the following criteria:
A.
All private clubs shall front and have access to an arterial or collector road, as identified in the Borough Comprehensive Plan.
B.
All off-street parking shall be provided between the front face of the building and a point 25 feet from the right-of-way line of adjoining road(s). Parking compounds will also be set back 30 feet from any adjoining residential lot lines.
C.
All outdoor recreation/activity areas shall be set back at least 50 feet from any property line.
D.
Screening shall be provided along any adjoining residentially zoned property.
E.
The applicant shall provide a plan for the control of trash, noise, loitering and parking.
§ 200-83 Two or more dwelling types on a single tract.
A.
Garden apartment; low-rise apartment; townhouse, quadraplex or patio home; two-family dwelling and single-family detached dwelling. The standards for apartments, townhouses, quadraplexes and patio homes in §§ 200-81 and 200-102 of this chapter and the lot area, width, depth and height regulations and yard regulations for two-family and single-family detached dwellings in §§ 200-14F and G, 200-15F and G, and 200-16E and F of this chapter shall apply on those portions of a tract of land where a respective dwelling type will be built.
B.
The maximum number of dwelling units in a development of two or more dwelling types shall be 3 1/2 dwelling units per gross acre of land in the R-1 District, five dwelling units per gross acre of land in the R-2 District and 10 dwelling units per gross acre of land in the R-3 District.
§ 200-84 Mixed uses.
When two or more principal uses occupy the same building on the same lot, all parking, lot area and building area requirements pertaining to each use shall be met in full.
§ 200-85 Motor freight terminals.
A.
The subject property shall have a minimum of 300 feet of road frontage along an arterial and/or collector road.
B.
The subject property shall be located no closer than 500 feet from any adjacent residential district and/or property containing a school, day-care facility, park, playground, library, hospital, nursing, rest, or retirement home.
C.
Any environmental impacts that are likely to be generated (e.g., noise, smoke, dust, litter, glare, vibration, electrical disturbance, wastewater, storm water, solid waste, etc.), and specific measures employed to mitigate or eliminate any negative impacts. The applicant shall further furnish evidence that the impacts generated by the proposed use fall within acceptable levels, as regulated by applicable laws and ordinance.
D.
All structures (including, but not limited to, air compressors, fuel pump islands, kiosks) shall be set back at least 50 feet from any street right-of-way line. Unless the fuel pump islands are set back 200 feet from the street line, they shall be designed so that when fueling, trucks must be parallel to street.
E.
Access driveways shall be a minimum of 28 feet, and a maximum of 35 feet wide. All access drives onto the same road shall be set apart at least 150 feet from one another, as measured from the closest points of the cartway edges.
F.
Off street parking shall be provided at a rate equal to that required for each of the respective uses comprising the truck stop. Any gates or other barriers used at the entrance to parking areas shall be set back and arranged to prevent vehicle backups onto adjoining roads during peak arrival periods.
G.
All vehicle service and/or repair activities shall be conducted within a completely enclosed building. Outdoor storage of parts, equipment, lubricants, fuels, or other materials used or discarded in any service or repair operations must be screened from adjoining roads and properties.
H.
The outdoor storage of unlicensed and/or uninspected vehicles is prohibited.
I.
The demolition or junking of vehicles and machinery is prohibited. Demolished vehicles and/or parts thereof shall be removed within 30 days after arrival.
J.
Any exterior public address system shall be designed and operated so that the audible levels of any messages conveyed over the system will not exceed the ambient noise levels of the use, as measured at each of the property lines.
K.
The applicant shall furnish evidence that the storage and disposal of materials and wastes will be accomplished in a manner that complies with all applicable state and federal regulations.
§ 200-86 Municipal buildings and facilities; fire stations; similar facilities.
Municipal buildings and facilities, fire stations, and similar uses shall comply with all bulk and lot regulations of the district in which the use is located, unless the sponsoring agency can submit compelling reasons for a modification to these requirements. In such a case, the Zoning Hearing Board may waive or modify any such requirement.
§ 200-87 No-impact home-based businesses.
No-impact home-based businesses are permitted as a use by right in all districts, except that such permission shall not exceed any deed restriction, covenant or agreement restricting the use of the land, nor any master deed, bylaw or other document applicable to a common interest ownership community.
A.
A no-impact home-based business is a business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which involves no customer, client or patient traffic, whether vehicular or pedestrian, pickup, delivery or removal functions to or from the premises, in excess of those normally associated with residential use.
B.
The business or commercial activity must satisfy the following requirements:
(1)
The business activity shall be compatible with the residential use of the property and surrounding residential uses.
(2)
The business shall employ no employees other than family members residing in the dwelling.
(3)
There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.
(4)
There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.
(5)
The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.
(6)
The business activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.
(7)
The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.
(8)
The business may not involve any illegal activity.
C.
A zoning permit is required to operate a no-impact home-based business.
§ 200-88 Nursing home; personal care boarding homes.
A.
The use shall comply with all applicable regulations of the Department of Public Welfare of the Commonwealth of Pennsylvania, including, but not limited to, 55 Pa. Code Chapter 2620.
B.
The building shall comply with the provisions of Chapter 94 of the Code of Ordinances relating to uses of this type.
C.
No nursing or personal care boarding home shall be located within 500 feet of any other personal care boarding home.
D.
Off-street parking lots and loading areas shall be screened from adjoining residentially zoned lands.
E.
Sufficient exterior nighttime illumination of the parking area shall be required to provide convenience and safety. All such illumination shall be shielded from view of all surrounding streets and lots.
§ 200-89 Parking lots or parking garages.
A.
Not more than 80% of the lot area may be covered with impervious surfaces.
B.
No sale, rental, service or repair operation for vehicles is permitted.
C.
All such parking lots and garages shall meet the design standards for off-street parking contained in Article VIII.
D.
The parking or storage of trucks or trailers other than those owned and routinely used by a principal use in the same district is prohibited.
E.
No outside storage of property other than licensed vehicles is permitted.
§ 200-90 Planned developments.
A.
The area of land proposed for development shall be under single ownership.
B.
The planned development may contain a combination of two or more principal uses permitted by right, as a special exception, or as a conditional use in the zoning district in which the development is proposed, provided that special exception use or conditional use approval must be obtained for any proposed use so listed in the regulations of the zoning district in which the development is proposed.
C.
The minimum lot area shall be the total of all lot areas required for each proposed principal use.
D.
The minimum lot area, width, depth, height and yard requirements shall be as required in the underlying zoning district; provided, however, that where a proposed use has more stringent requirements, the more stringent requirements shall be followed.
§ 200-90.1 Portable storage devices; temporary dumpsters.
[Added 1-29-2018 by Ord. No. 644]
A.
Permit required. No property owner or other person in possession of real estate shall place or use a portable storage device or temporary dumpster upon any lot or parcel of land within the Borough of Denver without said property owner or other person in possession of real estate first obtaining a zoning permit from the Zoning Officer of the Borough upon application and payment of any fee established from time to time by resolution of the Council of the Borough of Denver. A zoning permit for portable storage devices/temporary dumpsters will be approved or rejected within five working days of application.
B.
Duration of and number of zoning permits. A zoning permit for portable storage devices or temporary dumpsters shall be for an initial term of not more than 30 days. Provided that the applicant is in compliance with all provisions of this section and all other applicable Borough of Denver regulations, a renewal permit may be approved and issued for an additional thirty-day period upon application and payment of the permit renewal fee. Not more than five renewal zoning permits shall be issued by the Borough of Denver for any portable storage device or temporary dumpster placed upon any property in the Borough of Denver. Upon the expiration of the initial zoning permit, or any renewal thereof, the portable storage device or temporary dumpster shall be promptly removed.
C.
Not more than one zoning permit, including all renewals thereof, shall be issued for temporary dumpsters or portable storage devices for any property during any one-year period.
D.
Maximum size, placement and usage of portable storage devices or temporary dumpsters.
(1)
Maximum size of portable storage devices or temporary dumpsters. The maximum size of a portable storage device or temporary dumpster on a single lot or parcel of land is 130 square feet.
(2)
Regulations regarding placement and usage of portable storage devices or temporary dumpsters. Portable storage devices or temporary dumpsters may be placed on a property zoned residential and/or business upon compliance with all of the following:
(a)
No more than one portable storage device or temporary dumpster shall be located on a single lot or parcel of land.
(b)
No other type of container or shipping container is located on the same lot or parcel of land.
(c)
Portable storage devices or temporary dumpsters shall not be used to store or transport nonresidential materials and substances, including, but not limited to, contractor's materials and equipment, solid waste, hazardous materials, explosives, and unlawful substances and materials.
(d)
Prior to the issue of any zoning permit for any portable storage device or temporary dumpster, its location and usage shall be reviewed and approved by the Zoning Officer of the Borough of Denver.
(e)
The following requirements shall apply to any portable storage device or temporary dumpster placed upon any single lot or parcel of land:
[1]
If a portable storage device or temporary dumpster is placed in the required front yard, then the portable storage device or temporary dumpster shall be located only in the area primarily used for vehicular ingress and egress and must have a ten-foot setback from the edge of the curb. If no curb exists, the portable storage device or temporary dumpster shall have a ten-foot setback from the edge of the pavement.
[2]
If a portable storage device or temporary dumpster is placed in the rear or side yard, no setback shall be required except that no portable storage device or temporary dumpster shall encroach upon an adjacent property.
(3)
The name, address and telephone number of the portable storage device or temporary dumpster owner/operator shall be conspicuously placed on at least two sides of the portable storage device or temporary dumpster.
(4)
No portable storage device or temporary dumpster shall be loaded in such a manner as to cause its contents to spill onto any street, sidewalk or other area intended for pedestrian or vehicular travel.
(5)
No portable storage device or temporary dumpster shall be placed in such a manner as to interfere with the operation or maintenance of any public utility.
§ 200-91 Recycling stations.
Recycling of paper, plastic, glass, and metal products is subject to the following criteria:
A.
All operations, including collection, shall be conducted within a completely enclosed building.
B.
There shall be no outdoor storage of materials processed, used, or generated by the operation.
C.
The applicant shall explain the scope of operation, and offer expert testimony regarding the measures used to mitigate problems associated with noise, fumes, dust and litter.
D.
The applicant will be required to assure regular maintenance of the site to immediately collect stray debris.
§ 200-92 Room rental in single-family detached dwelling.
A.
In single-family detached dwellings legally existing as of the effective date of this chapter, up to three rooms can be rented to nonfamily members.
B.
No more than one person may occupy each rented room.
C.
The residential character of the front facade of the dwelling shall be maintained.
D.
The use of a single-family detached dwelling shall not be allowed if it would require a second front entrance or an outside fire escape on a front wall or on a side wall facing a street.
E.
There shall be no separate kitchen facilities, nor shall there be separate cooking facilities, including oven, stove, microwave, hot plate, etc., in any rental room.
F.
At least one full bathroom shall be provided for use by every two rental rooms.
G.
Lot areas shall not be less than one contiguous acre.
H.
One off-street parking space shall be provided for every two rental rooms in addition to the parking required for the residential use of the dwelling. The off-street parking spaces shall be located either to the rear of the dwelling or screened from the street and abutting dwellings by evergreen screening or solid wooden fencing. However, no parking spaces shall be located within the front yard.
I.
All parking areas shall be set back 25 feet from all lot lines.
§ 200-93 Restaurants and taverns.
A.
Exterior seating.
(1)
All restaurant seating shall be provided within the completely enclosed building, except that limited exterior seating may be provided if:
(a)
Such seating is situated and designed so as not to adversely impact nearby residences;
(b)
Such seating is accessory to the principal interior seating accommodations;
(c)
During use, such seating is continuously supervised by an employee or owner of the restaurant;
(d)
Any lighting or music systems serving such seating is designed and operated so as not to constitute a nuisance to adjoining properties; and
(e)
The applicant shall furnish and implement a working plan for the continuous cleanup of litter and debris that may result from such outdoor seating.
(2)
Outdoor seating shall not obstruct passage on adjacent sidewalks.
B.
All off-street parking and/or loading areas shall be screened from adjoining residences and roads.
§ 200-94 Retail sale of manufactured products produced on site.
Retail sale of manufactured products produced and/or assembled on the premises is permitted as an accessory use to a permitted manufacturing product or process, subject to the following criteria:
§ 200-95 Rooming/boarding houses.
A.
All rooming and boarding houses shall be conducted in single-family detached dwellings legally existing as of the effective date of this chapter.
B.
Not less than 5,000 gross square feet of lot area shall be provided for each rental unit.
C.
The residential character of the front facade of the dwelling shall be maintained.
D.
Lot areas shall not be less than one contiguous acre.
E.
All parking areas shall be set back 25 feet from all lot lines.
F.
One off-street parking space shall be provided for each rental unit. No additional front yard areas shall be provided for parking.
G.
All units shall have not less than two means of egress.
H.
There shall be no outside advertising other than a one- or two-sided sign, not more than two square feet on each side. If illuminated, lights shall not glare towards other properties.
I.
All floors above ground level shall have a direct means of emergency escape to ground level.
J.
Meals shall be offered only to registered tenants.
K.
At least one full bathroom shall be provided for use by every two rental rooms.
§ 200-96 Sale of agricultural products.
The display and sale of agricultural products from an existing structure on a farm in the R-1 District is a use permitted by right, subject to the following criteria:
A.
The primary economic activity of the subject tract shall be agricultural and the subject tract shall be at least 10 acres in area.
B.
The land area occupied by the display and sales of farm products shall not utilize more than one acre of land area inclusive of buildings and parking facilities.
C.
The display and sale of agricultural products shall be conducted by the owner of the property.
D.
Any permanent structure which is used for the display or sale of agricultural products shall be at least 40 feet from any property line or the legal ultimate right-of-way line of any street.
E.
The sale of agricultural products from a portable stand shall be located a minimum of 25 feet from the street right-of-way and shall be removed at the end of the growing season. Mobile stands (i.e., farm wagons, pickup trucks, etc.) shall be located outside the street right-of-way.
F.
The display and sale of agricultural products shall be conducted upon the same lot as an actively farmed parcel.
G.
The land area occupied by the display and sale of agricultural products shall not, at any time, be permitted to be subdivided from the farm.
H.
The retail sale of nonagricultural items shall be permitted as an accessory use to the sale and display of agricultural products. The display area for such nonagricultural items shall not exceed 600 square feet of floor area.
I.
Off-street parking shall be provided for employees and customers in accordance with Article VIII of this Zoning chapter. In no case, however, shall fewer than three off-street parking spaces be provided.
J.
Adequate parking and loading areas shall be provided and shall not be permitted on or along any public road.
K.
The applicant shall demonstrate that the proposed land use provides for the safe and efficient movement of traffic by addressing anticipated changes in vehicular movements.
L.
Any exterior lighting shall be arranged and designed so as to comply with the provisions of this chapter.
M.
A minimum of 20% (by value) of the annual sales of agricultural products shall be from products grown on the farm on which the use is located.
§ 200-97 Schools.
A.
State licensed nursery schools, elementary schools, middle schools, junior high schools, or senior high schools are subject to the following criteria:
B.
Commercial and private schools, including vocational and mechanical trade schools, are subject to the following criteria:
(1)
All height, area, setback and coverage standards within the underlying district shall apply.
(2)
All buildings shall be set back at least 100 feet from any adjoining land within a residential district.
(3)
If education is offered below the college level, an outdoor play area shall be provided, at a rate of 65 square feet per individual enrolled. Off-street parking lots shall not be used as outdoor play areas. Outdoor play areas shall not be located within the front yard, and must be set back 25 feet from all property lines. Outdoor play areas shall be completely enclosed by a minimum four-foot-high fence and screened from adjoining residentially zoned properties. Any vegetative materials located within the outdoor play area shall not be of a harmful type (poisonous, thorny, allergenic, etc.). All outdoor play areas must provide a means of shade, such as a shade tree(s) or pavilion(s).
(4)
Enrollment shall be defined as the largest number of students on the site at any one time during a seven-day period.
(5)
Passenger dropoff and pickup areas shall be provided and arranged so that students do not have to cross traffic lanes on or adjacent to the site.
§ 200-98 Self-service storage facility or mini warehouse.
A.
Individual storage units. No individual storage unit shall be greater than 200 square feet. All such units shall be fireproof and waterproof. Each shall have separate ingress and egress secured by the user.
B.
Outdoor storage. It is limited to RVs, campers, boats on trailers, automobiles and trucks (two tons or less in capacity) and trailers (noncommercial only). It must be parked on paved areas. All such items must be licensed and inspected (if applicable), and in operable condition.
C.
Prohibitions. The following shall be prohibited:
(1)
No storage of trash, garbage, refuse, explosive or flammable materials, hazardous substances, animals, animal carcasses or skins.
(2)
No storage in interior traffic aisles, off-street parking areas, loading areas, or driveway areas.
(3)
No servicing or repairing of boats, vehicles, trailers, lawn mowers or similar equipment.
(4)
No storage is permitted other than dead storage.
D.
Inspection. All fire chiefs, fire marshals, police, building inspectors, and Department of Health Inspectors of the Borough of Denver and County of Lancaster, shall have the right to inspect each unit within the self-storage facility at such times as such inspections are determined necessary by the Borough Manager and the above-mentioned officials for the protection of the health, safety and welfare of the Borough residents and the facility users. The persons in control of the facility shall have available, at all times, the means of obtaining ingress to each separate storage unit.
E.
Off-street parking requirements and standards.
(1)
One off-street parking space shall be required for each employee (full- or part-time). One off-street parking space shall also be provided for every five storage units. These latter spaces, for use by the tenants, shall be equitably distributed through the complex. There shall also be one off-street parking space for every 25 storage units.
(2)
These spaces shall be adjacent to the entrance and to the manager's office for use by guests and business invitees.
(3)
Parking lanes shall be 10 feet wide. Two-way travel lanes shall be 26 feet wide. Nonvehicular travel lanes shall be 20 feet wide.
F.
Height. Maximum building height is 15 feet.
G.
Security. Security shall be provided by one of the following methods:
H.
Lighting. Adequate lighting to illuminate the area but directed away from all residential areas or shielded to reflect light away shall be provided.
I.
Screen planting. A screen planting is required where the facility abuts an existing residential district or residential use or an existing institutional district or existing institutional use.
§ 200-99 Solid waste disposal facilities.
A.
All solid waste storage, disposal and incineration shall be at least 300 feet from any public street or exterior lot line.
B.
All areas to be used for the storage, disposal or incineration of solid waste shall be a minimum of 500 feet from any residential district or publicly owned park or any existing residential use that the applicant does not have an option to buy or from the banks of any nonintermittent creek or river.
C.
The site shall contain a sufficient number of access points, each with a minimum cartway width of 30 feet.
D.
Any burning or incineration shall be carried out in a completely enclosed incinerator approved by the PaDEP. Any material to be incinerated that is to be stored for more than three hours shall be stored in an enclosed structure.
E.
The site shall be selected and designed by a registered professional engineer with proven experience in solid waste disposal planning and operation. The operation and day-to-day maintenance of the solid waste disposal area shall comply with all applicable state and federal regulations as a condition of the continuance of any permit of the Borough. Violations of applicable state or federal regulations shall also be considered to be violations of this chapter.
F.
Open dumps and open burning of refuse are prohibited.
G.
The applicant shall prove to the satisfaction of the Zoning Hearing Board that the existing street network can handle the additional truck traffic, especially without bringing trash hauling trucks through or alongside existing residential or residentially zoned areas.
H.
In cooperation with PaDEP requirements, an appropriate double liner and a system to collect and treat leachate and methane is very strongly encouraged for any sanitary landfill.
I.
The applicant shall prove to the Zoning Hearing Board that the use would not be hazardous to groundwater quality, create noxious smells off of the tract or violate the performance standards of Article VI.
J.
A chain link or other approved fence with a minimum height of eight feet shall surround active solid waste disposal areas to prevent the scattering of litter and to keep out children unless the applicant proves to the satisfaction of the Zoning Hearing Board that this is unnecessary. Earthen berms or evergreen screening shall be used to prevent the landfill operations from being visible from an expressway or arterial streets.
K.
A minimum lot size of 30 acres (which may include land in an adjoining municipality) is required for any solid waste facility or a solid waste transfer facility. A maximum total of 300 tons of capacity per day to treat and dispose of solid waste shall be required within any resource recovery facility or solid waste transfer facility.
L.
Health hazards. Any facility shall be operated in such a manner to prevent the attraction, harboring or breeding of insects, rodents or vectors.
M.
Attendant. An attendant shall be present during all periods of operation or dumping.
N.
Gates. Secure gates, fences, earth mounds and/or dense vegetation shall prevent unauthorized access.
O.
Emergency access. The operator of the use shall cooperate fully with local emergency services. This should include allowing practice exercises on the site and the provision of all information needed by the emergency services to determine potential hazards. Adequate means of emergency access shall be provided.
P.
Hours of operation. The Zoning Hearing Board shall determine hours of operation of the use, based on the proposed location of said use.
Q.
Litter. The operator shall regularly police the area of the facility and surrounding streets to collect litter that may escape from the facility trucks.
R.
Dangerous materials. No radioactive, hazardous, chemotherapeutic or infectious materials may be stored, processed, disposed or incinerated. "Infectious materials" are defined as medical wastes used or created in the treatment of persons or animals with seriously contagious diseases.
S.
Staging. No total area(s) larger than 40 acres shall be used as a disposal area for a sanitary landfill in any calendar year.
T.
The applicant shall provide sufficient information for the Borough to determine that the requirements of this chapter will be met. (See Article VI.)
U.
State requirements. Nothing in this chapter is intended to supersede any state requirements. It is the intent of this chapter that when similar issues are regulated on both the Borough and state levels, the stricter requirement shall apply for each aspect, unless it is determined that an individual state regulation preempts Borough regulation in a particular aspect.
V.
The applicant shall enter into an agreement with the Borough specifying the types and frequencies of environmental monitoring that will be put into place.
W.
A leachate treatment system or a recycling collection or processing center may be accessory uses.
§ 200-100 Swimming clubs.
A.
All pools shall be entirely enclosed with a good quality chain link or preferably a wooden or other equivalent fence of not less than six feet in height.
B.
No loudspeaker or amplifying device shall be permitted which would project sound beyond the boundaries of the property.
C.
No lighting shall be permitted which will shine on adjacent property.
§ 200-101 Tennis clubs.
§ 200-102 Townhouse, quadraplex or patio home developments.
A.
Specific intent. The intent of this section is to provide regulations that encourage well-planned and designed townhouse, quadraplex or patio home developments appropriate to the district and in harmony with adjacent existing development.
B.
Townhouse, quadraplex or patio home standards. The division or a development into lots is not required so long as the land upon which it is situated remains in single undivided common ownership (including condominium ownership). Whether or not lots are involved, a development shall be designed in compliance with the following standards:
(1)
Centralized water and sewer. All townhouses, quadraplexes or patio homes shall be served by public water supply and a public sanitary sewer system. Each townhouse, quadraplex or patio home must have a separate water meter and remote reader.
(2)
Underground utilities. All utilities shall be placed underground.
(3)
Minimum frontage. There shall be a minimum of 100 feet on a public street for each development.
(4)
Minimum lot area. For each development there shall be a minimum of four acres.
(5)
Minimum building width. There shall be 18 feet for each building.
(6)
Maximum height. Maximum height of all buildings shall not exceed two stories or 35 feet, except that the basement floor of any dwelling may open to grade at the rear only. Maximum height may be increased to three stories when garages are included in the first floor level.
(7)
Minimum yard area. For each townhouse, quadraplex or patio home, there shall be a yard, patio or other outdoor areas immediately adjacent to the rear or side of each dwelling of not less than 300 square feet for the exclusive use of the occupants of that dwelling. If a development is subdivided into lots, the same test shall apply in determining the minimum size of the lot.
(8)
Maximum density.
(a)
The density shall not exceed six dwelling units per gross acre of land included within the development in the R-1 District, and shall not exceed 10 dwelling units per gross acre of land included within the development in the R-2 District, and shall not exceed 15 dwelling units per gross acre of land included within the development in the R-3 District.
(b)
In addition, no land of such size as to be capable of further development or subdivision for additional dwelling units shall be counted to determine maximum density unless the possibility of such development or subdivision is precluded by deed restriction or agreement in a form acceptable to the Borough Solicitor and duly recorded in the Office of the Recorder of Deeds for Lancaster County, by transfer of development rights to the Borough, or by dedication for public purposes.
(9)
Total impervious coverage. Not more than 65% of the gross land area comprising a development shall be covered with buildings or other impervious surface, including parking areas, driveways, roads, sidewalks, recreation areas and any areas covered in concrete, asphalt or other similar cover that does not absorb rain.
(10)
Townhouse buildings: a group of not fewer than three and not more than eight townhouses attached to each other by party walls. No more than two adjacent townhouses in any townhouse building shall have the same back and front setback line. The minimum variation of front and back setback line shall be 16 inches.
(11)
External property line building setback. Townhouse, quadraplex or patio home buildings shall be setback from the original tract boundary property line a minimum distance of 30 feet.
(12)
Building setback from public and private streets. Townhouse, quadraplex or patio home buildings shall have a minimum setback of 30 feet from the street right-of-way line of proposed streets. All garages, whether attached or unattached, shall meet these same setback requirements.
(13)
Building separations. Facing walls are walls opposite to and parallel with one another and any opposite walls whose lines, if extended, would intersect at angles of less than 65°. The minimum horizontal distance (between facing walls) of any two buildings on one lot or any one building with facing walls shall be as follows:
(a)
Where two facing walls both contain a window or windows and outdoor patios: not less than 70 feet. This distance may be reduced to 50 feet where permanent screen walls are constructed.
(b)
Between two facing walls only one of which contains a window or windows: not less than 30 feet.
(c)
Between two facing walls neither of which contains a window or windows: not less than 20 feet.
(14)
Minimum open space.
(a)
Minimum open space shall be 20% of the total site excluding existing street rights-of-way. Priority for selecting areas of open space preservation shall be given to watercourses, ponds, floodplain areas, alluvial soils, lands having slopes in excess of 15% and forests with trees greater than six inches caliper covering an area larger than 1/2 acre. The open space land selected pursuant to these priorities should not be improved or used in such manner as to disturb its natural characteristics.
(b)
The proper operation and maintenance of all open spaces shall be secured by an appropriate organization with legal responsibility for the same. If the dwellings are sold, the organization may be a condominium, cooperative, a homes association, trust or other appropriate nonprofit organization of the dwelling unit owners, organized in a manner found by the Borough Solicitor to be legally effective and able to carry out its maintenance and operating responsibilities. It is the intention of this chapter to authorize the remedies provided in § 705(d)(2) and (3) of the MPC[1] and the same are hereby incorporated by reference.
[1]
Editor's Note: See 53 P.S. § 10705(d)(2) and (3).
(15)
Buffer yard. A twenty-foot buffer yard with screening shall be located along the sides and rear of any townhouse, quadraplex or patio home development in the R-1 and R-2 Districts.
(16)
Accessory use: storage enclosures. All storage for other than private automobiles shall be architecturally attached to and be part of the dwelling and be structurally enclosed.
(17)
Homeowners' and/or condominium agreements. If any dwelling units are to be sold under homeowners' and/or condominium agreements, such agreements or documents must be filed with the subdivision/land development plan.
§ 200-103 Vehicle repair garages and vehicle body shops.
A.
All repair, welding and paintwork shall be performed within an enclosed building, and in accordance with all applicable federal and state requirements.
B.
All provisions shall be made to prevent or minimize noise, odor, vibration, light or electrical interference to adjacent lots.
C.
Outdoor storage of autos and other vehicles shall not exceed three times the indoor repair area, shall only be back of the front yard line, and shall be no closer than 20 feet from side and rear lot lines.
D.
Outdoor storage of auto parts and junk shall be prohibited.
E.
Any vehicle on the premises longer than 48 hours shall be deemed a stored vehicle. No vehicle shall be stored in excess of 45 days.
F.
Damaged vehicles parked on the lot for more than 72 hours shall be screened from view.
G.
No vehicle that is not operable or does not have current registration shall be stored within view of public streets or a dwelling for a total of more than five days.
H.
Service bay doors shall not face abutting residential districts.
I.
A use that is primarily intended to serve trucks with six or more wheels shall be required to have a minimum lot area of three acres, and all areas used for repairs, fueling and servicing of such vehicles shall be set back a minimum of 200 feet from all existing residential lot lines and residential zoning boundaries.
§ 200-104 Vehicle service stations.
A.
The subject property shall have a minimum width of 125 feet.
B.
The subject property shall front on an arterial or collector road as defined in the Comprehensive Plan.
C.
The subject property shall be setback at least 300 feet from any lot containing a school, day-care facility, playground, library, hospital, or nursing, rest or retirement home.
D.
The storage of motor vehicles (whether capable of movement or not) for more than a one-week period is prohibited.
E.
Any parts removed from repaired vehicles shall not remain on the site longer than 48 hours.
F.
All structures (including gasoline pump islands but not permitted signs) shall be setback at least 30 feet from any street right-of-way line.
G.
No outdoor storage of auto parts shall be permitted.
H.
All access drives shall be a maximum of 30 feet wide and separated by 75 feet from one another if located along the same frontage as measured from edge to edge.
I.
All ventilation equipment associated with fuel storage tanks shall be setback 100 feet and oriented away from any adjoining residentially zoned properties.
J.
There shall be the ability for a minimum of four vehicles to be serviced at each cluster of gasoline pumps or to be lined up behind cars being serviced, without obstruction of access into or out of the use.
K.
A use that is primarily intended to serve trucks with six or more wheels shall be required to have a minimum lot area of three acres, and all areas used for fueling and servicing shall be set back a minimum of 100 feet from all existing residential lot lines and residential zoning district boundaries.