Doylestown, PA Zoning Ordinance

Doylestown City Zoning Code

PART 6

GENERAL PERFORMANCE STANDARDS

§ 601 Compliance.

[Ord. 1972-10, 10/16/1972, Art. VI, § 600]

All uses and activities established after the effective date of this Chapter shall comply with the following standards.

§ 602 Noise.

[Ord. 1972-10, 10/16/1972, Art. VI, § 601; as amended by Ord. 2002-8, 9/23/2002, § 4]

The sound level of all uses and activities permitted pursuant to the provisions of this Chapter shall fully comply with the provisions of Chapter 10, Part 4, of the Code of Ordinances of the Borough of Doylestown, known as the "Doylestown Borough Noise Control Ordinance."

§ 603 Smoke.

[Ord. 1972-10, § 10/16/1972, Art. VI, § 602]

No smoke shall be emitted from any chimney or other source of visible gray opacity greater than No. 1 on the Ringlemann Smoke Chart as published by the U.S. Bureau of Mines, except that smoke of a shade not darker than No. 2 on the Ringlemann Chart may be emitted for not more than four minutes in any thirty-minute period.

§ 604 Dust, Fumes, Vapors, and Gases.

[Ord. 1972-10, 10/16/1972, Art. VI, § 603]

The emission of dust, dirt, fly ash, fumes, vapors, or gases which can cause any damage to human health, to animals, or vegetation, or to other forms of property, or which can cause any soiling or staining of persons or property at any point beyond the lot line of the use creating the emission, is herewith prohibited.

No emission of liquid or solid particles from any chimney or other source shall exceed 0.3 grains per cubic foot of the covering gas at any point beyond the lot line of the use creating the emission. For measurement of the amount of particles in gases resulting from combustion, standard correction shall be applied to a stack temperature of 500° F. and 50% excess air in stack at full load.

§ 605 Heat.

[Ord. 1972-10, 10/16/1972, Art. VI, § 604]

No use shall produce heat perceptible beyond its lot lines.

§ 606 Odor.

[Ord. 1972-10, 10/16/1972, Art. VI, § 605]

No use shall emit odorous gases or other odorous matter in such quantities as to be offensive at any point on or beyond its lot lines. The guide for determining such quantities of offensive odors shall be the 50% response level of Table I (Odor Thresholds in Air), "Research on Chemical Odors: Part I — Odor Thresholds for 5 Commercial Chemicals", October 1968, Manufacturing Chemists Association, Inc., Washington, D.C.

§ 607 Glare.

[Ord. 1972-10, 10/16/1972, Art. VI, § 606]

No use shall produce a strong, dazzling light or a reflection of a strong, dazzling light beyond its lot lines.

§ 608 Vibrations.

[Ord. 1972-10, 10/16/1972, Art. VI, § 607]

No use shall cause earth vibrations or concussions detectable beyond its lot lines without the aid of instruments, with the exception of that vibration produced as a result of construction activity.

§ 609 Buffer Yards.

[Ord. 1972-10, 10/16/1972, Art. VI, § 610; as amended by Ord. 1978-6, 5/15/1978, § 10; and by Ord. 1988-4, 2/15/1988, § 1]

Buffer yards are required in all commercial-residential high-rise (CR-H), Freestanding Commercial (FC), Retail Commercial (RC) and Industrial District (P-I) and (C-I) along the district boundaries between themselves and residential districts and along common boundaries between themselves and existing residential uses.

The buffer yards shall be measured from the district boundary line or property line or from the near street line where a street serves as the district boundary line.

Buffer yards shall be not less than 15 feet in width in F-C and R-C Districts except for multifamily low-rise where the minimum buffer shall be 20 feet in width. Buffer yards shall not be less than 35 feet for multifamily high-rise in the CR-H District and not less than 30 feet in C-I and P-I Districts.

The buffer yard may be coterminus with required front, side or rear yards and in the case of conflict, the larger yard requirement shall apply.

In all buffer yards the entire area shall be maintained and kept clean of all debris, rubbish, weeds and tall grass in conformance with Chapter 10, §§ 201-204 of the Code of Ordinances, Borough of Doylestown and shall be planted as required herein.

No structure, manufacturing or processing activity, or storage of materials shall be permitted in the buffer yard; however, parking of passenger automobiles shall be permitted in the portion of the buffer yard exclusive of the exterior fifteen-foot width. In the CR-H District parking for multifamily high-rise dwelling(s) shall be in the buffer yard exclusive of the exterior 20 feet of width and shall not encroach into more than 50% of the total buffer yard area.

The exterior 15 feet of each buffer yard shall include a dense screen planting of trees, shrubs, or line to serve as a barrier to visibility, airborne particles, glare and noise. Such screen planting shall be in accordance with the following requirements;

The required screen planting shall be designed, planted and maintained in accordance with the standards and specifications of Part 4, of the Doylestown Borough Subdivision and Land Development Ordinance.

Where screen plantings are required along street frontages these requirements shall be in addition to requirements for street trees specified in Part 4 of the Doylestown Borough Subdivision and Land Development Ordinance.

The screen planting shall be so placed that at maturity it will not be closer than three feet from any street or property line.

In accordance with the provisions of § 507, a clear-sight triangle shall be maintained at all street intersections and at all points where private accessways intersect public streets.

The screen planting shall be broken only at points of vehicular or pedestrian access.

No screen planting shall be required along streets which form district boundary lines, provided that:

No outdoor processing or manufacturing activity and no outside storage of materials shall be so located as to be visible from any adjacent Residential District or residential uses.

Only the front of any proposed building shall be visible from any adjacent Residential Districts or residential uses.

Prior to the issuance of any Zoning Permit, complete landscape plans showing the arrangement of all buffer yards and the placement, species and size of all plant materials, and type of all fences to be placed in such buffer yard, shall be reviewed by the Zoning Officer to ascertain that the plans are in conformance with the terms of this Chapter.

§ 610 Storage and Waste Disposal.

[Ord. 1972-10, October 16, 1972, Article VI, § 620]

No highly flammable or explosive liquids, solids, or gases shall be stored in bulk above ground, except tanks or drums of fuel directly connecting with energy devices, heating, or appliances located or operated on the same lot as the tanks or drums of fuel.

All outdoor storage facilities for fuel, raw materials and products, and all fuel, raw materials and products stored outdoors, shall be enclosed by an approved safety fence.

No materials or wastes shall be deposited upon a lot in such form or manner that they may be transferred off the lot by natural causes or forces, nor shall any substance which can contaminate a stream or watercourse or otherwise render such stream or watercourse undesirable as a source of water supply or recreation, or which will destroy aquatic life, be allowed to enter any stream or watercourse.

All materials or wastes which might cause fumes or dust, or which constitute a fire hazard, or which may be edible or otherwise attractive to rodents or insects, shall be stored outdoors only if enclosed in containers adequate to eliminate such hazards.

§ 611 Storm Water Management.

[Ord. 1988-4, 2/15/1988, § 2; as amended by Ord. 1994-5, 4/18/1994, § 1; and by Ord. 1995-8, 11/20/1995, § 1]

All applications for development shall comply fully with the provisions of Chapter 8, Part 1, of the Code of Ordinances of the Borough of Doylestown, known as the "Doylestown Borough Stormwater Management Ordinance."

§ 612 Protection of Solar Access.

[Ord. 2007-6, 8/20/2007, § 1]

Definitions. The following words and phrases, when used in this Section shall have, unless the context clearly indicates otherwise, the meaning given to them in this Section. All other words and terms not defined herein shall be used with a meaning of standard usage:

BASE ELEVATION

The grade plane of the finished grade of a structure. For the purposes of this determination, all fences, covered and uncovered walkways, driveways, patio covers and other similar elements shall be considered separate structures. "Base elevation" shall be used for the determination of cellars and basements and building height.

NORTHERLY LOT LINE

Any lot line, of which there may be more than one per lot, that forms a generally north-facing boundary of a lot and has a bearing greater than or equal to 40° from either true north or true south. For curved lot lines, the bearing of the lot line at any point shall be the bearing of the tangent to the curve at that point.

PLAN VIEW

A plot plan of the parcel which shows the horizontal dimensions of a parcel and each structure on the parcel.

RESIDENTIAL ZONE

The R-1 District — Residential 1, R-2 District — Residential 2, R-3 District — ResidentialL 3, and the CR District — Central Residential Zoning Districts as established and designated pursuant to Part 3 of this chapter.

SHADOW PLAN

A plot plan which shows the extent of shading caused by a proposed structure and is in compliance with the requirements of this section on December 21, the winter solstice, at 9:00 a.m., 12:00 noon, and 3:00 p.m., Eastern Standard Time.

SOLAR ACCESS

The ability of a location to receive direct sunlight as provided by the height limitations.

Required Standards. The maximum height of a structure in a residential zone as measured from the base elevation shall not exceed 24 feet in the R-3 District — Residential 3 and CR District — Central Residential Zoning Districts and 28 feet in the R-1 District — Residential 1 and R-2 District — Residential 2 Zoning Districts. The height limitations imposed by this section shall take precedence over any other height limitation imposed by this chapter to the extent that the height limitations imposed by this section are more restrictive. The requirements of this section shall take precedence over other provisions of this chapter to the extent that this section specifies other additional or varied requirements; otherwise, all applicable sections of this chapter shall control.

Exemptions. The following shall be exempt from the requirements of this section:

Any portion of a structure in existence, or for which a valid building permit was issued, prior to the effective date of the ordinance first enacting this chapter.

Any portion of a structure which received approval by the Historical and Architectural Review Board prior to the effective date of the ordinance first enacting this chapter.

Any flagpole, antenna, ornamental spire, chimney, or other building element less than four feet along each horizontal dimension.

A utility pole and line.

Any structure which, on all sides, is lucent or a minimum of 75% translucent.

Any portion of a structure for which a shadow plan is prepared and submitted by the applicant demonstrating that shadows cast by that portion of the structure on December 21, the winter solstice, at 9:00 a.m., 12:00 noon, and 3:00 p.m., Eastern Standard Time, will:

(1)

Not exceed the boundaries of a simultaneous shadow cast by a legally existing structure, or by a hill or other topographical feature other than trees or other vegetation; or

(2)

Not shade that portion of any adjacent residentially zoned lot which is occupied by a dwelling which conforms to the dimensional requirements of this chapter or which is vacant and could legally and without modification of required yards be occupied in the future by a dwelling; or

(3)

Fall entirely within the boundaries of an existing covered or uncovered paved off-street parking area, or paved driveway leading thereto.

§ 613 Wireless Communications Facilities.

[Amended by Ord. 2015-12, 8/17/2015]

Purposes and Findings of Fact. The purpose of this section is to establish uniform standards for the siting, design, permitting, maintenance, and use of wireless communications facilities in Doylestown Borough. While the Borough recognizes the importance of wireless communications facilities in providing high-quality communications service to its residents and businesses, the Borough also recognizes that it has an obligation to protect public safety and to minimize the adverse visual effects of such facilities through the standards set forth in the following provisions.

General Requirements for all Wireless Communications Facilities. Unless otherwise prohibited by the WBCA, all wireless communications facilities shall be permitted only by special exception in accordance with § 1120 of this chapter. Where special exception approval is prohibited by the WBCA, such covered facilities shall be allowed by right.

General Requirements for All Tower-Based Wireless Communications Facilities.

The following regulations shall apply to all tower-based wireless communications facilities:

(1)

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, applicable state or local building codes, applicable standards for towers that are published by the Electronics Industries Association, the most-recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, National Electrical Code, as well as the accepted and responsible workmanlike industry practices of the National Association of Tower Erectors. Any tower-based WCF shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Borough. All towers shall be designed by a licensed professional engineer registered in the State of Pennsylvania, and all drawings submitted for approval shall be signed and sealed by the same engineer responsible for the design. All construction shall be supervised by qualified personnel, and a certification shall be prepared and presented to the Borough by a licensed professional engineer registered in the State of Pennsylvania that the design and construction conform to the highest standards of engineering and construction. If, at any time, the Borough concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then, upon notice being provided to the owner of the tower, the owner shall have 30 days to bring such tower into compliance with such standards. Failure to bring such tower into compliance within said 30 days shall constitute grounds for the removal of the tower or antenna at the owner's expense.

(2)

Wind. Any tower-based WCF structures shall be designed to withstand the effects of wind according to the standards of applicable state or local building codes and the standards 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-G, as amended).

(3)

Height. Any tower-based WCF shall be designed at the minimum functional height and shall not exceed a maximum total height of 150 feet, which height shall include all subsequent additions or alterations. All tower-based WCF applicants must submit documentation to the Borough justifying the total height of the structure.

(4)

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.

(5)

Maintenance and Inspections. The following maintenance and inspection requirements shall apply:

(a)

Any tower-based WCF shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.

(b)

Such maintenance shall be performed to ensure the upkeep of the facility in order to promote the safety and security of the Borough's residents.

(c)

All maintenance activities shall utilize nothing less than the best available technology for preventing failures and accidents.

(d)

In addition to any inspection requirements of applicable state or local building codes and the standards designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association and Telecommunications Industry Association, any tower-based WCF shall be inspected biannually and after severe storms and other extreme loading conditions.

(6)

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.

(7)

Historic Buildings or Districts. No tower-based WCF may be located on a building or structure that is listed on either the National or Pennsylvania Register of Historic Places or the official historic structures and/or historic districts list maintained by the Borough or that has been designated by the Borough as being of historic significance.

(8)

Identification. All tower-based WCFs shall post a notice in a readily visible location identifying the name and phone number of a party to contact in the event of an emergency, subject to approval by the Borough.

(9)

Lighting. Tower-based WCFs shall not be artificially lighted, except as required by law and as may be approved by the Borough. If lighting is required, the applicant shall provide a detailed plan for sufficient lighting, demonstrating as unobtrusive and inoffensive an effect as is permissible under state and federal regulations.

(10)

Appearance. Towers shall be galvanized and/or painted with a rust-preventive paint of an appropriate color to harmonize with the surroundings.

(11)

Noise. Tower-based WCFs shall be operated and maintained so as not to produce noise in excess of applicable noise standards under state law and the Borough Code, except in emergency situations requiring the use of a backup generator, where such noise standards may be exceeded on a temporary basis only.

(12)

Aviation Safety. Tower-based WCFs shall comply with all federal and state laws and regulations concerning aviation safety.

(13)

Retention of Experts. The Borough may hire any consultant(s) and/or expert(s) necessary to assist the Borough in reviewing and evaluating the application for approval of the tower-based WCF and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of this chapter. The applicant and/or owner of the WCF shall reimburse the Borough for all costs of the Borough's consultant(s) in providing expert evaluation and consultation in connection with these activities.

(14)

Timing of Approval. Within 30 calendar days of the date that an application for a tower-based WCF is filed with the Borough, the Borough shall notify the applicant, in writing, of any information that may be required to complete such application. All applications for tower-based WCFs shall be acted upon within 150 days of the receipt of a fully completed application for the approval of such tower-based WCF, and the Borough shall advise the applicant, in writing, of its decision. If additional information was requested by the Borough to complete an application, the time required by the applicant to provide the information shall not be counted toward the one-hundred-fifty-day review period.

(15)

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 chapter.

(16)

Removal. In the event that use of a tower-based WCF is planned to be discontinued, the owner shall provide written notice to the Borough of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned WCFs or portions of WCFs shall be removed as follows:

(a)

All unused or abandoned tower-based WCFs and accessory facilities shall be removed within six months of the cessation of operations at the site, unless a time extension is approved by the Borough.

(b)

If the WCF and/or accessory facility is not removed within six months of the cessation of operations at a site, or within any longer period approved by the Borough, the WCF and accessory facilities and equipment may be removed by the Borough and the cost of removal assessed against the owner of the WCF.

(c)

Any unused portions of tower-based WCFs, including antennas, shall be removed within six months of the time of cessation of operations. The Borough must approve all replacements of portions of a tower-based WCF previously removed.

(17)

Permit Fees. The Borough may assess appropriate and reasonable permit fees directly related to the Borough's actual costs in reviewing and processing the application for approval of a tower-based WCF, as well as related inspection, monitoring and related costs in accordance with the Borough's Schedule of Fees.

Tower-Based Facilities Outside the Rights-of-Way.

The following regulations shall apply to tower-based wireless communications facilities located outside the rights-of-way:

(1)

Development Regulations.

(a)

Allowable Districts. Applicants seeking to construct a tower-based WCF must first apply to the Borough to determine if a suitable site is available on Borough-owned and/or -controlled land or structures, irrespective of zoning district. If the facility is not to be located on Borough-owned and/or -controlled facilities, tower-based WCFs are permitted in the R-3 and CI Zoning Districts only as a special exception, in accordance with the requirements of § 1120 and as approved by the Zoning Hearing Board.

(b)

Gap in Coverage or Capacity. An applicant for a tower-based WCF must demonstrate that a significant gap in wireless coverage or capacity exists with respect to all wireless operators in the applicable area and that the type of WCF being proposed is the least-intrusive means by which to fill that gap in wireless coverage or capacity. The existence or nonexistence of a gap in wireless coverage or capacity shall be a factor in the Borough's decision on an application for approval of tower-based WCFs.

(c)

Sole Use on a Lot. A tower-based WCF is permitted as a sole use on a lot subject to the minimum lot area and yards complying with the requirements for the applicable zoning district, provided that no tower-based WCF shall be located within 200 feet or 300% of the height of the tower-based WCF, whichever is greater, of another lot in residential use. The tower-based WCF shall be set back a distance equal to at least 125% of the height of the tower-based WCF from any adjoining nonresidential use lot line.

(d)

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 industrial, commercial, institutional or municipal use, subject to the following conditions:

The existing use on the property may be any permitted use in the applicable district and need not be affiliated with the communications facility.

ii.

Minimum Lot Area. The minimum lot area shall comply with the requirements for the applicable district and shall be the area needed to accommodate the tower-based WCF and guy wires, the equipment building, security fence, and buffer planting.

iii.

Minimum Setbacks. The tower-based WCF and accompanying equipment building shall comply with the requirements for the applicable zoning district, provided that no tower-based WCF shall be located within 200 feet or 300% of the height of the tower-based WCF, whichever is greater, of another lot in residential use. The tower-based WCF shall be set back a distance equal to at least 125% of the height of the tower-based WCF from any adjoining nonresidential use lot line. Tower-based WCFs shall be separated from existing on-lot principal residential uses or existing residential buildings by a distance equal to 125% of the height of the tower-based WCF.

(e)

Notice. Upon receipt of an application for a tower-based WCF, the Borough shall mail notice thereof to the owner or owners of every property zoned residential on the same street within 500 linear feet of the parcel or property of the proposed facility and of every property zoned residential not on the same street within 500 feet of the parcel or property of the proposed facility.

(f)

Co-Location. An application for a new tower-based WCF shall not be approved unless the Borough finds that the wireless communications equipment planned for the proposed tower-based WCF cannot be accommodated on an existing or approved structure or building. Any application for approval of a tower-based WCF shall include a comprehensive inventory of all existing towers and other suitable structures within a two-mile radius from the point of the proposed tower, unless the applicant can show to the satisfaction of the Borough that a different distance is more reasonable, and shall demonstrate conclusively why an existing tower or other suitable structure cannot be utilized.

(2)

Design Regulations.

(a)

The WCF shall employ the most-current stealth technology available in an effort to appropriately blend into the surrounding environment and minimize aesthetic impact. The application of the stealth technology chosen by the WCF applicant shall be subject to the approval of the Borough.

(b)

Any height extensions to an existing tower-based WCF shall require prior approval of the Borough. The Borough reserves the right to deny such requests based upon any lawful considerations related to the character of the Borough.

(c)

Any proposed tower-based WCF shall be designed structurally, electrically, and in all respects to accommodate both the WCF applicant's antennas and comparable antennas for future users.

(3)

Surrounding Environs.

(a)

The WCF applicant shall ensure that the existing vegetation, trees and shrubs located within proximity to the WCF structure shall be preserved to the maximum extent possible.

(b)

The WCF applicant shall submit a soil report to the Borough complying with the standards of Appendix G: 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.

(4)

Fence/Screen.

(a)

A security fence having a maximum height of six feet shall completely surround any tower-based WCF, guy wires, or any building housing WCF equipment.

(b)

An evergreen screen that consists of a hedge or a row of evergreen trees shall be located along the perimeter of the security fence.

(c)

The WCF applicant shall submit a landscape plan for review and approval by the Borough Planning Consultant for all proposed screening.

(5)

Accessory Equipment.

(a)

Ground-mounted equipment associated to, or connected with, a tower-based WCF shall be underground. In the event that an applicant can demonstrate that the equipment cannot be located underground to the satisfaction of the Borough Engineer, then the ground-mounted equipment shall be screened from public view using stealth technologies, as described above.

(b)

All utility buildings and accessory structures shall be architecturally designed to blend into the environment in which they are situated and shall meet the minimum setback requirements of the underlying zoning district.

(6)

Additional Antennas. As a condition of approval for all tower-based WCFs, the WCF applicant shall provide the Borough with a written commitment that it will allow other service providers to co-locate antennas on tower-based WCFs where technically and economically feasible. The owner of a tower-based WCF shall not install any additional antennas without obtaining the prior written approval of the Borough.

(7)

Access Road. An access road, turnaround space and parking shall be provided to ensure adequate emergency and service access to tower-based WCFs. Maximum use of existing roads, whether public or private, shall be made to the extent practicable. Road construction shall at all times minimize ground disturbance and the cutting of vegetation. Road grades shall closely follow natural contours to assure minimal visual disturbance and minimize soil erosion. Where applicable, the WCF owner shall present documentation to the Borough that the property owner has granted an easement for the proposed facility.

(8)

Bond. Prior to the issuance of a permit, the owner of a tower-based WCF outside the ROW 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, in an amount of $100,000, to assure the faithful performance of the terms and conditions of this chapter. The bond shall provide that the Borough may recover from the principal and surety any and all compensatory damages incurred by the Borough for violations of this chapter, after reasonable notice and opportunity to cure. The owner shall file the bond with the Borough.

(9)

Site plan required. In order to determine that the requirements of the special exception and this section are met, the applicant shall present a site plan showing, at a minimum, the following items:

(a)

Locations of all existing uses and proposed WCFs.

(b)

Elevations and drawings of any existing uses and proposed tower-based WCFs, showing proposed width, depth, height, architectural style and structural data for any towers, antennas, etc., proposed in order to show compliance with the character of the neighborhood.

(c)

Site boundary, lease area boundary, zoning data, setbacks/yards, and adjacent uses.

(d)

Vehicular access, fencing, landscaping, utility and/or access easements.

(10)

Visual or Land Use Impact. The Borough 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.

(11)

Inspection. The Borough reserves the right to inspect any tower-based WCF to ensure compliance with the provisions of this chapter and any other provisions found within the Borough Code or state or federal law. The Borough and/or its agents shall have the authority to enter the property upon which a WCF is located at any time, upon reasonable notice to the operator, to ensure such compliance.

Tower-Based Facilities in the Rights-of-Way.

The following regulations shall apply to tower-based wireless communications facilities located in the rights-of-way:

(1)

Tower-based WCFs located in the rights-of-way are permitted in the R-3 and CI Zoning Districts only as a special exception, in accordance with the requirements of § 1120 and as approved by the Zoning Hearing Board.

(2)

Gap in Coverage or Capacity. An applicant for a tower-based WCF must demonstrate that a significant gap in wireless coverage or capacity exists with respect to all wireless operators in the applicable area and that the type of WCF being proposed is the least-intrusive means by which to fill that gap or capacity in wireless coverage. The existence or nonexistence of a gap in wireless coverage or capacity shall be a factor in the Borough's decision on an application for approval of tower-based WCFs in the ROW.

(3)

Notice. Upon receipt of an application for a tower-based WCF, the Borough shall mail notice thereof to the owner or owners of every property zoned residential on the same street within 500 linear feet of the property or parcel of the proposed facility and of every property zoned residential not on the same street within 500 feet of the parcel or property of the proposed facility.

(4)

Co-Location. An application for a new tower-based WCF in the ROW shall not be approved unless the Borough finds that the proposed wireless communications equipment cannot be accommodated on an existing structure, such as a utility pole or traffic light pole. Any application for approval of a tower-based WCF shall include a comprehensive inventory of all existing towers and other suitable structures within a one-mile radius from the point of the proposed tower, unless the applicant can show to the satisfaction of the Borough that a different distance is more reasonable, and shall demonstrate conclusively why an existing tower or other suitable structure cannot be utilized.

(5)

Time, Place and Manner. The Borough shall determine the time, place and manner of construction, maintenance, repair and/or removal of all tower-based WCFs in the ROW based on public safety, traffic management, physical burden on the ROW, and related considerations. For public utilities, the time, place and manner requirements shall be consistent with the police powers of the Borough and the requirements of the Public Utility Code.

(6)

Equipment Location. Tower-based WCFs and accessory equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to otherwise create safety hazards to pedestrians and/or motorists or to otherwise inconvenience public use of the ROW as determined by the Borough. In addition:

(a)

In no case shall ground-mounted equipment, walls, or landscaping be located within 18 inches of the face of the curb.

(b)

Ground-mounted equipment that cannot be underground shall be screened, to the fullest extent possible, through the use of landscaping or other decorative features to the satisfaction of the Borough.

(c)

Required electrical meter cabinets shall be screened to blend in with the surrounding area to the satisfaction of the Borough.

(d)

Any graffiti on the tower or on any accessory equipment shall be removed at the sole expense of the owner within 10 business days of notice of existence of the graffiti.

(e)

Any underground vaults related to tower-based WCFs shall be reviewed and approved by the Borough.

(7)

Design Regulations.

(a)

(b)

Any height extensions to an existing tower-based WCF shall require prior approval of the Borough and shall not increase the overall height of the tower-based WCF to more than 150 feet. The Borough reserves the right to deny such requests based upon aesthetic and land use impact or any other lawful considerations related to the character of the Borough.

(c)

Any proposed tower-based WCF shall be designed structurally, electrically, and in all respects to accommodate both the WCF applicant's antennas and comparable antennas for future users.

(8)

Visual or Land Use Impact. The Borough reserves the right to deny the construction or placement of any tower-based WCF in the ROW based upon visual and/or land use impact.

(9)

Additional Antennas. As a condition of approval for all tower-based WCFs in the ROW, the WCF applicant shall provide the Borough with a written commitment that it will allow other service providers to co-locate antennas on tower-based WCFs where technically and economically feasible. The owner of a tower-based WCF shall not install any additional antennas without obtaining the prior written approval of the Borough.

(10)

Relocation or Removal of Facilities. Within 60 days following written notice from the Borough, or such longer period as the Borough determines is reasonably necessary or such shorter period in the case of an emergency, an owner of tower-based WCFs in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any WCF when the Borough, consistent with its police powers and applicable Public Utility Commission regulations, shall determine that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:

(a)

The construction, repair, maintenance or installation of any Borough or other public improvement in the right-of-way;

(b)

The operations of the Borough or other governmental entity in the right-of-way;

(c)

Vacation of a street or road or the release of a utility easement; or

(d)

An emergency as determined by the Borough.

(11)

Compensation for ROW Use. In addition to permit fees as described in § 1008 of this chapter, every tower-based WCF in the ROW is subject to the Borough's right to fix annually a fair and reasonable compensation to be paid for use and occupancy of the ROW. Such compensation for ROW use shall be directly related to the Borough's actual ROW management costs, including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other ROW management activities by the Borough. The owner of each tower-based WCF shall pay an annual fee to the Borough to compensate the Borough for the Borough's costs incurred in connection with the activities described above. The annual ROW management fee for tower-based WCFs shall be determined by the Borough and authorized by resolution of the Borough Council and shall be based on the Borough's actual ROW management costs as applied to such tower-based WCF.

(12)

Bond. Prior to the issuance of a permit, the owner of a tower-based WCF in the ROW 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, in an amount of $100,000, to assure the faithful performance of the terms and conditions of this chapter. The bond shall provide that the Borough may recover from the principal and surety any and all compensatory damages incurred by the Borough for violations of this chapter, after reasonable notice and opportunity to cure. The owner shall file a copy of the bond with the Borough.

General Requirements for All Non-Tower Wireless Communications Facilities.

The following regulations shall apply to all non-tower wireless communications facilities that do not substantially change the physical dimensions of the wireless support structure to which they are attached:

(1)

Permitted in All Zones Outside the Historic District, Subject to Regulations. Non-tower WCFs are permitted in all zones, subject to the restrictions and conditions prescribed below and subject to the prior written approval of the Borough.

(2)

Notice. Upon receipt of an application for any non-tower-based WCF, the Borough shall mail notice thereof to the owner or owners of every property zoned residential on the same street within 500 linear feet of the parcel or property of the proposed facility and of every property zoned residential not on the same street within 500 feet of the parcel or property of the proposed facility.

(3)

Standard of Care. Any non-tower WCF shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including, but not limited to, applicable state or local building codes and the most-recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, and National Electrical Code. Any WCF shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Borough. All WCFs shall be designed by a licensed professional engineer registered in the State of Pennsylvania, and all drawings submitted for approval shall be signed and sealed by the same engineer responsible for the design. All construction shall be supervised by qualified personnel, and a certification shall be prepared and presented to the Borough by a licensed professional engineer registered in the State of Pennsylvania that the design and construction conform to the highest standards of engineering and construction. If, at any time, the Borough concludes that a WCF fails to comply with such codes and standards and constitutes a danger to persons or property, then, upon notice being provided to the owner of the WCF, the owner shall have 30 days to bring such WCF into compliance with such standards. Failure to bring such WCF into compliance within said 30 days shall constitute grounds for the removal of the WCF or antenna at the owner's expense.

(4)

Wind. Any non-tower WCF structures shall be designed to withstand the effects of wind according to the standards contained in applicable state or local codes and the standards 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-G, as amended).

(5)

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.

(6)

Aviation Safety. Non-tower WCFs shall comply with all federal and state laws and regulations concerning aviation safety.

(7)

Historic Buildings or Districts. No non-tower-based WCF may be located on a building or structure that is listed on either the National or Pennsylvania Register of Historic Places or the official historic structures and/or historic districts list maintained by the Borough or that has been designated by the Borough as being of historic significance.

(8)

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.

(9)

Removal. In the event that use of a non-tower WCF is discontinued, the owner shall provide written notice to the Borough of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned WCFs or portions of WCFs shall be removed as follows:

(a)

All abandoned or unused WCFs and accessory facilities shall be removed within three months of the cessation of operations at the site, unless a time extension is approved by the Borough.

(b)

If the WCF or accessory facility is not removed within three months of the cessation of operations at a site, or within any longer period approved by the Borough, the WCF and/or associated facilities and equipment may be removed by the Borough and the cost of removal assessed against the owner of the WCF.

(c)

Timing of Approval. Within 30 calendar days of the date that an application for a non-tower WCF is filed with the Borough, the Borough shall notify the applicant, in writing, of any information that may be required to complete such application. Within 60 calendar days of receipt of a complete application, the Borough shall make its final decision on whether to approve the application and shall advise the applicant, in writing, of such decision. If additional information was requested by the Borough to complete an application, the time required by the applicant to provide the information shall not be counted toward the Borough's sixty-day review period.

(10)

Permit Fees. The Borough may assess appropriate and reasonable permit fees directly related to the Borough's actual costs in reviewing and processing the application for approval of a non-tower WCF in accordance with the Master Schedule of Fees.

The following regulations shall apply to all non-tower wireless communications facilities that substantially change the wireless support structure to which they are attached:

(1)

(2)

(3)

Standard of Care. Any non-tower WCF shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including, but not limited to, all applicable state or local codes, and the most-recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, and National Electrical Code. Any WCF shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Borough. All WCFs shall be designed by a licensed professional engineer registered in the State of Pennsylvania, and all drawings submitted for approval shall be signed and sealed by the same engineer responsible for the design. All construction shall be supervised by qualified personnel, and a certification shall be prepared and presented to the Borough by a licensed professional engineer registered in the State of Pennsylvania that the design and construction conform to the highest standards of engineering and construction. If, at any time, the Borough concludes that a WCF fails to comply with such codes and standards and constitutes a danger to persons or property, then, upon notice being provided to the owner of the WCF, the owner shall have 30 days to bring such WCF into compliance with such standards. Failure to bring such WCF into compliance within said 30 days shall constitute grounds for the removal of the WCF or antenna at the owner's expense.

(4)

Wind. Any non-tower WCF structures shall be designed to withstand the effects of wind according to the standards of all applicable state or local codes and the standards designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association and Telecommunications Industry Association (ANSFEINTIA-222-E Code, as amended).

(5)

(6)

Historic Buildings and District. Non-tower WCFs may not be located on a building or structure that is listed on either the National or Pennsylvania Register of Historic Places or the official historic structures and/or historic districts lists maintained by the Borough or that has been designated by the Borough as being of historic significance.

(7)

Aviation Safety. Non-tower WCFs shall comply with all federal and state laws and regulations concerning aviation safety.

(8)

Maintenance. The following maintenance requirements shall apply:

(a)

The non-tower WCF shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.

(b)

Such maintenance shall be performed to ensure the upkeep of the facility in order to promote the safety and security of the Borough's residents.

(c)

All maintenance activities shall utilize nothing less than the best available technology for preventing failures and accidents.

(9)

(10)

(a)

All abandoned or unused 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 Borough.

(b)

(11)

Timing of Approval. Within 30 calendar days of the date that an application for a non-tower WCF is filed with the Borough, the Borough shall notify the applicant, in writing, of any information that may be required to complete such application. Within 90 calendar days of receipt of a complete application, the Borough shall make its final decision on whether to approve the application and shall advise the applicant, in writing, of such decision. If additional information was requested by the Borough to complete an application, the time required by the applicant to provide the information shall not be counted toward the Borough's ninety-day review period.

(12)

Retention of Experts. The Borough may hire any consultant(s) and/or expert(s) necessary to assist the Borough in reviewing and evaluating the application for approval of the WCF and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of this chapter. The applicant and/or owner of the WCF shall reimburse the Borough for all costs of the Borough's consultant(s) in providing expert evaluation and consultation in connection with these activities.

(13)

Bond. Prior to the issuance of a permit, the owner of each individual 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, in the amount of $25,000, for each individual non-tower WCF, to assure the faithful performance of the terms and conditions of this chapter. The bond shall provide that the Borough may recover from the principal and surety any and all compensatory damages incurred by the Borough for violations of this chapter, after reasonable notice and opportunity to cure. The owner shall file a copy of the bond with the Borough.

(14)

Permit Fees. The Borough may assess appropriate and reasonable permit fees directly related to the Borough's actual costs in reviewing and processing the application for approval of a non-tower WCF, as well as related inspection, monitoring and related cost in accordance with the Master Schedule of Fees.

Non-Tower Wireless Communications Facilities Outside the Rights-of-Way.

The following additional regulations shall apply to non-tower wireless communications facilities located outside the rights-of-way that substantially change the wireless support structure to which they are attached:

(1)

Development Regulations. Non-tower WCFs shall be co-located on existing structures, such as existing buildings or tower-based WCFs, subject to the following conditions:

(a)

Such WCF does not exceed a maximum height of 150 feet.

(b)

If the 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.

(c)

A six-foot-high security fence shall surround any separate communications equipment building, except if such equipment building is located on a rooftop that cannot be accessed by the public. Vehicular access to the communications equipment building shall not interfere with the parking or vehicular circulation on the site for the principal use.

(2)

Design Regulations.

(a)

Non-tower WCFs shall employ stealth technology and be treated to match the supporting structure in order to minimize aesthetic impact. The application of the stealth technology chosen by the WCF applicant shall be subject to the approval of the Borough.

(b)

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, unless the WCF applicant obtains a conditional use permit.

(c)

All non-tower WCF applicants must submit documentation to the Borough justifying the total height of the non-tower structure. Such documentation shall be analyzed in the context of such justification on an individual basis.

(d)

Antennas, 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.

(e)

Noncommercial Usage Exemption. The design regulations enumerated in this section shall not apply to direct broadcast satellite dishes installed for the purpose of receiving video and related communications services at residential dwellings.

(3)

Removal, Replacement, Modification.

(a)

The removal and replacement of non-tower WCFs and/or accessory equipment for the purpose of upgrading or repairing the WCF is permitted, so long as such repair or upgrade does not increase the overall size of the WCF or the number of antennas.

(b)

Any material modification to a wireless telecommunications facility shall require a prior amendment to the original permit or authorization.

(4)

Visual or Land Use Impact. The Borough 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.

(5)

Inspection. The Borough reserves the right to inspect any WCF to ensure compliance with the provisions of this chapter and any other provisions found within the Borough Code or state or federal law. The Borough and/or its agents shall have the authority to enter the property upon which a WCF is located at any time, upon reasonable notice to the operator, to ensure such compliance.

Non-Tower Wireless Communications Facilities in the Rights-of-Way.

The following additional regulations shall apply to all non-tower wireless communications facilities located in the rights-of-way:

(1)

Co-Location. Non-tower WCFs in the ROW shall be co-located on existing poles, such as existing utility poles or light poles. If the existing pole is not able to properly support such co-location, then the existing pole may be removed and replaced with a replacement pole that is consistent with the style and design of the existing pole and of equal proportions and of equal height or such other height that would not constitute a substantial change in order to support the WCF or to accommodate co-location. The replacement pole shall be placed in the identical position or near identical position as the existing pole.

(2)

Design Requirements.

(a)

WCF installations located above the surface grade in the public ROW, including, but not limited to, those on streetlights and joint utility poles, shall consist of equipment components that are no more than six feet in height and that are compatible in scale and proportion to the structures upon which they are mounted. All equipment shall be the smallest and least visibly intrusive equipment feasible.

(b)

Antennas and all support equipment shall be treated to match the supporting structure. WCFs and accompanying equipment shall be painted, or otherwise coated, to be visually compatible with the support structure upon which they are mounted.

(3)

Compensation for ROW Use. In addition to permit fees as described above, every non-tower WCF in the ROW is subject to the Borough's right to fix annually a fair and reasonable compensation to be paid for use and occupancy of the ROW. Such compensation for ROW use shall be directly related to the Borough's actual ROW management costs, including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other ROW management activities by the Borough. The owner of each non-tower WCF shall pay an annual fee to the Borough to compensate the Borough for its costs incurred in connection with the activities described above. The annual ROW management fee for non-tower WCFs shall be determined by the Borough and authorized by resolution of the Borough Council and shall be based on the Borough's actual ROW management costs as applied to such non-tower WCF.

(4)

Time, Place and Manner. The Borough shall determine the time, place and manner of construction, maintenance, repair and/or removal of all non-tower WCFs in the ROW based on public safety, traffic management, physical burden on the ROW, and related considerations. For public utilities, the time, place and manner requirements shall be consistent with the police powers of the Borough and the requirements of the Public Utility Code.

(5)

Equipment Location. Non-tower WCFs and accessory equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to otherwise create safety hazards to pedestrians and/or motorists or to otherwise inconvenience public use of the ROW as determined by the Borough. In addition:

(a)

In no case shall ground-mounted equipment, walls, or landscaping be located within 18 inches of the face of the curb.

(b)

Ground-mounted equipment shall be located underground. In the event an applicant can demonstrate, to the satisfaction of the Borough Engineer, that ground-mounted equipment cannot be undergrounded, then all such equipment shall be screened, to the fullest extent possible, through the use of landscaping or other decorative features, to the satisfaction of the Borough.

(c)

Required electrical meter cabinets shall be screened to blend in with the surrounding area to the satisfaction of the Borough.

(d)

Any graffiti on the tower or on any accessory equipment shall be removed at the sole expense of the owner within 10 business days of notice of existence of the graffiti.

(e)

Any underground vaults related to non-tower WCFs shall be reviewed and approved by the Borough.

(6)

Relocation or Removal of Facilities. Within 60 days following written notice from the Borough, or such longer period as the Borough determines is reasonably necessary, or such shorter period in the case of an emergency, an owner of a WCF in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any WCF when the Borough, consistent with its police powers and applicable Public Utility Commission regulations, shall have determined that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:

(a)

The construction, repair, maintenance or installation of any Borough or other public improvement in the right-of-way;

(b)

The operations of the Borough or other governmental entity in the right-of-way;

(c)

Vacation of a street or road or the release of a utility easement; or

(d)

An emergency as determined by the Borough.

(7)

Visual or Land Use Impact. The Borough retains the right to deny an application for the construction or placement of a non-tower WCF based upon visual and/or land use impact.

§ 614 Fences.

[Ord. 2005-3, 3/3/2005, § 8]

Standards.

All fences and screens must be erected within the property lines, and no fence or screen shall be erected or planted so as to encroach upon a public right-of-way.

See-through fences shall not exceed six feet in height when erected in the rear and side yards to the front building line of the existing building. When erected from the front building line of the existing building toward the front property line, such see-through fence shall not exceed four feet in height. In the case of a property with frontage on more than one street, only the frontage toward which the front building facade is oriented shall be subject to front yard height limits for fence.

[Amended Ord. No. 2016-5, 7/18/2016]

Solid fences or screens shall not exceed six feet in height and shall not be permitted in front yards. In the case of a property with frontage on more than one street, only the frontage toward which the front building facade is oriented shall be subject to front yard height limits and see-through requirements for fence.

[Amended Ord. No. 2016-5, 7/18/2016]

Barbed wire shall not be used except in special circumstances required for security purposes such as towers, municipal facilities, and public utilities, or as approved by the Zoning Officer.

Fences shall have their most pleasant or decorative side facing the adjacent lot with all support posts and stringers facing inward toward the owner's yard unless such posts or supports are an integral part of the decorative design of the fence.

Fences on corner lots shall not violate the requirements of § 507 of this Chapter regarding traffic visibility across corners.

Exempt Fences. The following fences are exempt from permit requirements, and at the discretion of the Zoning Officer, from the provisions of this Article, provided that they are not so constructed as to obstruct the vision of motor vehicle operators or to create other hazards to public safety:

Temporary fences constructed of materials approved by the Zoning Officer and not in excess of six feet in height which are erected at a construction site for the purpose of security and protection.

Fences erected at the order of the Zoning Officer for the protection of the public.

Decorative fences not exceeding 18 inches in height and garden fences not exceeding 24 inches in height.

Living Fences. Living fences are subject to all of the provisions of this Chapter, except that they shall be exempt from the permit provisions of this Chapter. In addition, the living fence shall be planted so that the projected mature size of the living fence shall not be closer than two feet to any sidewalk in existence, any prospective sidewalk or lot line. Living fences must be maintained in a neatly trimmed condition and shall not interfere with the visibility of vehicular and pedestrian traffic.

Prohibited Fences. It shall be unlawful to erect, construct, install or maintain the following fence structures:

A fence which is, in whole or in part, beyond the boundary of private property.

A fence which is within six feet of a fire hydrant.

A fence that is in violation of § 507 or creates in any manner a visual obstruction to vehicular traffic and thus creates a hazardous condition.

A fence in a dilapidated condition whose appearance is neglected, unkempt or the condition of which, in whole or in part, is in substantial disrepair and, as a consequence, is either unsound, hazardous or ineffectual. Fences shall be coated in a monochromatic finish or shall be left to natural weathering. In no instance shall fence coatings contain any words, symbols, graphics or visual communications in nature of graffiti or signage.

Any fence erected containing any hazardous substances, such as broken glass, bathed wire, spikes, nails or similar materials designed to inflict pain or injury to any person or animal. Any fence constructed of such materials shall be deemed to be in violation of this Section.

Barbed or razor wire fences.

General Requirements.

All fences shall be regulated by this Article with the exclusion of earth- or water-retaining walls which shall be governed by other portions of the Code of Ordinances. All fences shall be constructed of masonry, wood, metal or other materials appropriate to their location and purpose.

The fence structure shall be adequate to withstand wind-loading and shall in no way inhibit or divert the free flow of surface water from its natural course prior to the installation.

If posts or supporting members are in or on the ground, they shall be of decay-, corrosion- and termite-resistant material, whether treated or natural.

All fences shall be maintained in a nonhazardous condition and shall not be allowed to become dilapidated.

All permitted fences shall be located on the property of the applicant and not within any public right-of-way. No fence shall be permitted to be located within or so as to enclose a drainage easement or over a water meter box or manhole except upon the written authorization of the Zoning Officer. Fences may be permitted within utility easements, subject to the right of the Borough to remove, without cost or obligation to replace or to restore any such fence. A suitable gate to provide access will be provided when water meters are located in a utility easement.

Permit Required.

All fences shall require a permit prior to the installation or erection, except as exempted elsewhere in this Chapter, and it shall be unlawful for any person to erect, alter or locate a fence within the Borough without first having made an application for and having been issued a permit therefor. A permit is required for fence replacement or any repair of existing fences exceeding 50% or more of the value of the existing fence.

The application for a fence permit shall be made to the Borough Zoning Officer and shall include a site plan to scale in duplicate showing:

(1)

All structures on the site.

(2)

All easements, rights-of-way and dedications.

(3)

The proposed location, length and height of the fence.

(4)

A description of the materials contained in the fence.

(5)

Location of traffic sight triangles at corners if applicable.

(6)

Location of fire hydrants, if applicable.

§ 615 Solar Energy Equipment.

[Ord. 2010-10, 9/20/2010]

Any solar energy equipment authorized by this Chapter shall be considered accessory structures and the generation of energy or heat as an accessory use to the principal use in any zoning district and shall be subject to and comply with the following:

Solar energy equipment shall be located on the same lot as the principal use.

Solar energy equipment shall comply with all minimum side and rear yard setback and height requirements for principal structures of the applicable zoning district.

Power generated by solar energy equipment shall not exceed 50 kilowatts of maximum output capacity per principal residential use or 100 kilowatts of maximum output capacity per principal nonresidential use. There shall be no commercial use of the solar energy equipment for generation of energy, except for energy purchased by a public utility in accordance with law or other government regulations.

Solar panels shall comply with the physical performance requirements contained in this Chapter, including building height.

The solar energy equipment shall meet and be installed in accordance with all applicable requirements of the Pennsylvania Uniform Construction Code.

No freestanding solar energy equipment shall be located in the front yard. Solar energy equipment affixed to the roof of the principal structure and visible from the front yard shall be permitted.

Roof-mounted solar panels shall include integrated solar panels as the surface layer of the roof structure with no apparent change in relief or projection or surface-mounted panels projecting no more than six inches above the plane of the roof.

Only integrated or surface-mounted solar panels shall be installed on the front facing roof as viewed from an adjacent public street. Roof-mounted solar panels that project more than six inches above the plane of the roof shall only be permitted on a side- or rear-facing roof. In any case, they shall not project more than three feet above the plane of the roof surface and shall not be higher than the ridge.

Ground-mounted panels shall be oriented away from windows of adjacent or neighboring buildings to reduce occurrences of direct sun reflection and glare.

§ 616 Wind Energy Equipment.

[Ord. 2010-10, 9/20/2010; as amended by Ord. 2011-3, 2/28/2011, § 1]

Any wind energy equipment authorized by this Chapter shall be considered an accessory structure and the generation of energy as an accessory use to the principal use in any zoning district and shall be subject to and comply with the following:

Wind energy equipment shall only be permitted by special exception. Wind energy equipment shall be located on the same lot as the principal use. Only one wind turbine shall be permitted per residential lot. Nonresidential installations may have up to three wind turbines.

Power generated by wind energy equipment shall not exceed 50 kilowatts of maximum output capacity for residential uses or 100 kilowatts of maximum output capacity for nonresidential uses. There shall be no commercial use of the wind energy equipment for generation of energy, except for energy purchased by a public utility in accordance with law or other government regulations.

No wind energy equipment shall be located in the front yard setback areas.

Wind energy equipment shall comply with all minimum side and rear yard setback requirements of the applicable zoning district.

Wind energy equipment shall not exceed a height of 35 feet on any residentially zoned lot, including R1, R2, R3, CR, TND-1 and TND-2, or any lot of less than 1.5 acres net lot area. On lots greater than 1.5 acres within nonresidential zoning districts, wind energy equipment shall not exceed 65 feet in height. The height of a wind turbine shall be measured from the average approved finished grade at the perimeter of the base of the turbine to the highest vertical point of the rotor at its maximum vertical position.

Only a single pole or monopole structure shall be permitted for all wind turbine supports. The pole shall be self-supporting upon its foundation without the use of guy wires or other supports. Wind turbines shall not be mounted on residential buildings. Wind turbines may be located on nonresidential buildings, provided that the structural supports are designed and documented as required by the Building Code Official.

Wind turbines shall not be artificially lighted.

Wind energy equipment shall comply with all applicable requirements of the Federal Aviation Administration.

Wind turbines shall be set back from buildings on the same lot, utility buildings or occupied structures on the same lot by no less than 15 feet; Wind Turbines shall be setback from property lines, street ultimate rights-of-way, utility rights-of-way or easement, or liquid fuel sources a distance of not less than 1.1 times the height measured from the average approved finished grade at the perimeter of the base to the highest vertical point of the rotor at its maximum vertical position. If this requirement cannot be met, the distances may be reduced by special exception from the Zoning Hearing Board in accordance with § 1120 of the Zoning Ordinance.

10.

Clearly visible warning signs concerning falling objects shall be placed, to the extent possible, to warn against ice and rotor throws. Signs are to be placed a minimum of three feet from the ground and be a minimum of one square foot, but not exceeding two square feet in surface area.

11.

Wind turbines shall be equipped with an automatic braking, governing or feathering system to prevent uncontrolled rotation, overspeeding and excessive pressure on the tower structure, rotor blades and turbine components.

12.

The minimum height of the lowest position of the wind turbine rotor shall be 15 feet above the surface of the ground.

13.

Ladder or steps affixed to a wind turbine shall not be provided any lower than 15 feet above its base, and this portion of the structure shall not be climbable.

14.

The design color and other visual features of the wind turbine shall be white, off-white or gray.

15.

All exterior utilities, cables, electrical lines, and other connections shall be located in a conduit and buried underground.

16.

All ground-mounted electrical and control equipment shall be labeled and secured to prevent unauthorized access.

17.

There shall be no antennas, advertising or other items or material affixed to or otherwise placed on the wind energy equipment, except those required for safety or identification of manufacturer.

18.

Operation of the wind energy equipment shall comply with all other performance requirements of this Chapter, including noise and vibration. Wind turbines shall be exempt from the provisions relating to protection of solar access.

19.

Reasonable efforts shall be made to minimize shadow flicker to any building on a nonparticipating landowner's property.

20.

The wind energy equipment shall meet and be installed in accordance with all applicable requirements of the Pennsylvania Uniform Construction Code and all other applicable ASTM and related standards.