East Greenville City Zoning Code
ARTICLE XVI
Supplementary Provisions
§ 95-150 Effect of private covenants.
Nothing herein contained shall be construed to render inoperative any enforceable restriction established by covenants running with the land and which restrictions are not prohibited by or are not contrary to the regulations herein established.
§ 95-151 Lots of record.
A lot of record on the Borough plan or of record title upon a plan or separately described in a deed and recorded in the office of the Recorder of Deeds of Montgomery County and which is in single and separate ownership at the time of the enactment of this chapter, where such owner does not own adjoining land or lots and where it is not financially feasible to acquire adjoining land or lots from other owners, may be used for a use permitted in the district in which it is located upon a finding by the Zoning Hearing Board that the lot size is reasonably close to the minimum and maximum regulations under this article.
§ 95-152 Reduction of lot area.
No lot shall be so reduced that the area of the lot or the dimensions of the required open spaces shall be less than herein prescribed by the chapter.
§ 95-153 Modification of front yards.
The front yard requirements for all residential districts may be modified in accordance with the following conditions:
A.
Where an unimproved lot of record is situated between two improved lots on the same street frontage, the front yard requirement may be modified to the extent that the front yard may match either the closest or furthest existing front yard on either side of the unimproved lot, provided that the structures located on the improved lots are within 100 feet of the unimproved lot.
B.
Where an unimproved lot of record is situated between an improved lot and an unimproved lot on the same street frontage, the front yard requirement may be modified to the extent that the front yard may match the front yard established by the existing improved lot.
C.
Where an unimproved lot of record is situated between unimproved lots, then the lot in question may match the existing setback of the closest structure, on either side, within 100 feet. If there are no structures located within 100 feet, then the existing front yard setback shall apply.
§ 95-154 Visual obstructions at intersections.
On any lot, no wall, sign, fence or other structure shall be erected, altered or maintained and no hedge, tree, shrub or other growth shall be planted or maintained over three feet in height which will interfere with or obstruct vehicular or pedestrian vision at any intersection of streets or any street and crosswalk.
§ 95-155 Performance standards.
Unless otherwise noted, the following performance standards apply to all uses in all districts in the Borough:
A.
Smoke control. Visible air contaminants shall not be emitted in such a manner that the opacity of the emissions is equal to or greater than 10% for a period or periods aggregating more than three minutes in any one hour or equal to or greater than 30% at any time and shall comply with 25 Pa. Code Chapter 127A(7) or its most recent update.
B.
Particulate, vaporous and gaseous emissions.
(1)
No emission shall be made which can cause any damage to health, animals or vegetation or other forms of property or which can cause any excessive soiling at any point.
(2)
No emission of particulate matter shall exceed 0.0115 grams per dry standard cubic foot, correct to 7% oxygen. Provisions shall be made to reduce dew point cycling and resulting damage to particulate control devices.
(3)
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.
C.
Hazardous air emission. All emissions shall comply with National Emissions Standards for Hazardous Air Pollutants promulgated by the United States Environmental Protection Agency under the Federal Clean Air Act (42 U.S.C. § 7412), as promulgated in 40 CFR Part 61 or its most recent update.
D.
Noise control. At no point within or at the boundary of a residence or business district shall the sound-pressure level of any operation exceed the described levels in the designated octave bands shown below for the districts indicated. Objectionable noises, due to intermittence, beat frequency or shrillness, shall be muffled so as not to become a nuisance to adjacent uses:
SOUND LEVELS Maximum Permitted Sound | ||
|---|---|---|
Octave Band (cycles per second) | Level Along Residential District Boundaries (decibels) | Level at Any Other Point on the Lot Boundary (decibels) |
0 to 75 | 72 | 79 |
75 to 150 | 67 | 74 |
150 to 300 | 59 | 66 |
300 to 600 | 52 | 59 |
600 to 1,200 | 46 | 53 |
1,200 to 2,400 | 40 | 47 |
2,400 to 4,800 | 34 | 41 |
Above 4,800 | 32 | 39 |
E.
Odor control:
(1)
No person shall cause, suffer or permit the emission into the outdoor atmosphere of any malodorous air contaminants from any source in such a manner that the malodors are detectable outside the property of the person where the source is being generated.
(2)
The prohibition on odors shall not apply to odor emissions arising from the premises of a farm operation.
(3)
Any process which causes an odor emission shall be operated in a manner such that escaping odors are eliminated. Backup odor-reduction equipment shall be maintained to support primary odor-reduction equipment.
F.
Glare and heat control. Any operation producing intense glare or heat shall be performed within an enclosed building or behind a solid fence in such manner as to be completely imperceptible from any point beyond the lot lines.
G.
Vibration control. No vibration which is discernible to the human sense of feeling shall be perceptible at any point beyond the lot line.
H.
Radioactivity and electrical disturbance control. There shall be no activities which emit dangerous or harmful radioactivity. There shall be no electrical disturbance (except from domestic household appliances) adversely affecting the operation of any equipment located beyond the property of the creator of such disturbance.
I.
Fire and explosive hazards. Flammable and explosive materials shall be stored, used and transported in accordance with applicable state and federal regulations regarding such materials and associated storage vessels.
§ 95-156 Residential conversions.
The Zoning Hearing Board may grant a special exception for the conversion of any existing single-family detached dwelling into no more than two additional dwelling units in the R-1, R-2, R-3, R-4 and BR Districts, subject to the provisions of Article XIX of this chapter and the following restrictions.
A.
Minimum unit size. The size of each existing or newly created dwelling unit shall be a minimum of 400 square feet, plus 100 square feet for each bedroom. For example:
Number of Bedrooms in Unit | Minimum Square Footage Required per Unit |
|---|---|
0 (efficiency) | 400 |
1 | 500 |
2 | 600 |
B.
Number of units permitted.
(1)
Minimum lot size. In order to qualify for a residential conversion, the existing dwelling unit shall be located on a parcel that meets the minimum lot size requirement for a single-family detached dwelling in the zoning district where the dwelling is located and shall provide an additional 3,500 square feet per lot for each additional unit.
(2)
Total units. Regardless of the size or number of existing dwelling units, the total number of dwelling units on any one parcel after conversion shall not exceed three.
(3)
Restriction from development. Within 30 days of having obtained a use and occupancy permit for any conversion unit(s), the applicant shall record with the Montgomery County Recorder of Deeds deed restrictions, easements or private covenants which shall be acceptable to the Borough Solicitor for the purpose of permanently restricting from further subdivision or land development the land area required by this section.
C.
General standards.
(1)
There shall be no external alteration of the building except as may be necessary for reasons of safety or improved design for otherwise permitted units. Any alterations shall reflect the architectural character of the existing building. Fire escapes and outside stairways shall, where practicable, be located to the rear of the building.
(2)
Each dwelling unit shall have two direct means of access to the outdoors or to a hall which directly accesses the outdoors.
(3)
All residential conversions shall comply with the off-street parking requirements of Article XIII of this chapter. All dwelling units shall share the existing driveway entrance(s) to the existing dwelling unit.
(4)
All dwelling units shall be provided with smoke detectors and a fire extinguisher. A dwelling unit located at or above the second story of a converted structure shall have a fire escape.
§ 95-157 Access to public street.
Except as set forth in § 95-166 of this chapter, each and every lot shall abut a public street for at least 25 feet at the right-of-way line of the public street; and said 25 feet shall be usable for purposes of ingress and egress to the lot unless otherwise stated.
§ 95-158 Public utilities.
The provisions of this chapter shall not be so construed as to limit or interfere with the construction, installation, operation and maintenance of public utility structures or facilities in existence at the time of passage of this chapter or which may hereafter be located within public easements or rights-of-way designated for such purposes. The location of any such construction not within a public easement or right-of-way, however, unless specifically provided for in this chapter, shall be subject to approval of the Zoning Hearing Board, which shall give consideration to the effect of such construction or installation upon the public safety and the character of the adjacent neighborhood.
§ 95-159 Projections into required yards.
No building and no part of a building shall be erected within or shall project into any required yard in any district, except that:
A.
An unenclosed porch not more than 14 feet in height may be erected to extend into a required front or rear yard a distance of not more than 10 feet, provided that in no case shall it extend into such front or rear yard more than 1/2 the required depth of the yard.
B.
A terrace, platform or landing place not covered by a roof, canopy or trellis, which does not extend above the level of the first floor of the building, may be erected to extend into a required yard a distance of not more than 12 feet, provided that it shall not extend into such yard more than 40% of the required depth or width of the yard.
D.
A buttress, chimney, cornice, pier or pilaster of a building may project not more than 18 inches into a required yard.
E.
Open, unenclosed fire escapes, steps, bay windows and balconies may project not more than three feet into a required yard.
§ 95-160 Private ownership and maintenance of common elements.
Common elements, including but not limited to open space, recreation, sewer, water and stormwater management facilities which will not be publicly owned, shall be subject to a form of ownership established in private agreements acceptable to the Borough Council, upon recommendation of the Borough Solicitor. Such private ownership may include, but is not limited to, corporate, individual, condominium, landlord or fee-simple homeowners' or landowners' associations and shall be governed by the following:
B.
Perpetual maintenance shall be guaranteed by trust indenture or similar instrument, which:
(1)
Shall be recorded with the Recorder of Deeds of Montgomery County simultaneously with the recording of the final plan.
(2)
Shall restrict the common elements by deed restrictions granting the Borough the right to enforce the restrictions.
(3)
Shall include provisions for:
(a)
Bonds posted by the developer to cover expenses incurred before formation of a homeowners' association.
(b)
Adjustment of association fees to account for inflation.
(c)
A reserve fund to cover capital improvements and/or unforeseen major maintenance requirements.
(d)
Funds for professional management.
(4)
Shall authorize the Borough to maintain the common elements and assess the private ownership accordingly if private ownership fails to function as required in the private agreements. This shall include, but need not be limited to:
(a)
Failure to clear streets and parking areas of snow.
(b)
Failure to maintain stormwater control facilities.
(c)
Failure to correct any hazardous conditions.
(d)
Failure to perform, abide by and complete any duties, obligations or requirements as set forth in the private agreements and/or the final plan approval of the Borough Council.
§ 95-161 Transportation impact study.
Transportation impact studies shall, when required, be prepared pursuant to § 85-122, Transportation impact study, of the Subdivision and Land Development Ordinance.
§ 95-162 Landscaping and buffering.
All landscaping and buffer requirements shall meet standards set forth in Chapter 85, Subdivision and Land Development.
§ 95-163 Procedure for conditional use application.
Borough Council shall have the power to approve or disapprove of an application for conditional use when this chapter specifically requires the approval of such, in accordance with following procedure:
A.
Application procedure.
(1)
The application shall be in writing submitted to Borough Council using the approved forms during regular business hours. The applicant shall be accompanied by the required fee as set by the adopted fee schedule.
(2)
The application shall be accompanied by site plans, building plans, impact statements, and other materials describing the use or development proposed. Such plans and other materials shall provide a sufficient basis for evaluating the applicant's request.
B.
Review procedures.
(1)
General.
(a)
Borough Council may impose whatever conditions it deems necessary to ensure that any proposed conditional use will be in harmony with the objectives of this chapter.
(b)
Borough Council shall request an advisory opinion from the Borough Planning Commission on any application for conditional use. The Planning Commission shall submit a report of such opinion prior to the date of the public hearing to be held by Borough Council.
(c)
If necessary, Borough Council shall submit one copy of the application to the Montgomery County Planning Commission for its advisory review and other copies to agencies and/or technical consultants whose reviews may be relevant.
(d)
Borough Council shall hold a public hearing upon the request within 60 days of the applicant filing a complete application. This sixty-day period may be extended when formally requested or agreed to by the applicant.
(e)
The burden of proof in a conditional use application shall be on the applicant to establish that the proposed use meets all the requirements and objectives of this chapter.
(2)
Public hearing. Borough Council shall conduct hearings pursuant to public notice and shall send notice of the proposed conditional use hearing to contiguous property owners at the same time, and make decisions in accordance with the following:
(a)
The parties to the hearing shall be the Borough, any person affected by the application who has made timely appearance of record, and any other person. Borough Council may require that all persons who wish to be considered parties enter appearances, in writing, on forms provided for that purpose.
(b)
The parties shall have the right to be represented by counsel and shall be afforded the opportunity to respond and present evidence and argument, and cross-examine adverse witnesses on all relevant issues.
(c)
The Borough, at its own discretion, may require a stenographic record of the proceedings. The transcript of such may be made available to any party upon request and at cost.
(d)
Borough Council shall render a written decision or, when no decision is called for, make written findings on a conditional use application within 45 days after the last hearing before the Borough Council. Where the application is contested or denied, each decision shall be accompanied by findings of fact or conclusions based thereon, together with any reasons therefor. Notwithstanding the forty-five-day window, Borough Council shall render a written decision on an application within five days of rendering a verbal decision.
C.
Criteria for conditional use approval. In addition to the requirements of the Pennsylvania Municipalities Planning Code (MPC)[1] and the use-specific standards set forth in Article IV, Use Regulations, the following criteria shall be considered by the Borough Council:
(1)
Consistency with the goals, objectives, and recommendations of the Upper Perkiomen Valley Comprehensive Plan, the Montgomery County Comprehensive Plan, and any relevant Borough-sponsored study.
(2)
Suitability of the proposed use at the proposed location. Borough Council shall consider the impact of the proposed use on adjacent properties and the surrounding area.
(3)
Community character. Borough Council shall consider the impact of the proposed use on the community. The scale and design of development shall be reviewed in order to ensure that the development is architecturally compatible with the existing community.
(4)
Nuisance/safety. The proposed use shall not generate excessive noise, noxious odors, air pollution, or lighting that could be a nuisance or safety hazard to the general public. The layout of vehicle and pedestrian facilities must be safe for all users.
(5)
Traffic impacts. The existing road network must be able to support the traffic generated by the proposed use safely and efficiently. A transportation impact study may be required in order to determine the full impact of the proposed use; such study shall be prepared pursuant to § 85-122, Transportation impact study, of the Subdivision and Land Development Ordinance.
(6)
Public utilities. The proposed use shall be served by public sewer and water.
(7)
Conditions. Borough Council may require adjustments to the proposal as a condition of approval. Examples of conditions may include, but are not limited to:
(a)
Alternate site layouts.
(b)
Alternate circulation patterns for vehicles, bicyclists, and pedestrians.
(c)
Increased setbacks, if it will reduce impacts on adjacent property owners or screen view from the public right-of-way.
(d)
Landscape buffers or fences, if the provision of such will reduce impacts on adjacent property owners or screen view from the public right-of-way.
(e)
Limitation on the permitted hours of operation so as to minimize impacts on the surrounding community.
(f)
Other changes deemed necessary by Borough Council to meet the goals and objectives of this chapter.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
§ 95-164 Wireless telecommunications facilities.
A.
Intent.
(1)
To establish uniform standards for the siting, design, permitting, maintenance, and use of wireless telecommunications facilities in the Borough of East Greenville.
(2)
To promote the health, safety, and welfare of Borough residents and businesses with respect to wireless telecommunications facilities.
(3)
To provide for the managed development of wireless telecommunications facilities in a manner to provide adequate wireless telecommunications services within the Borough in accordance with federal and state laws and regulations.
(4)
To establish procedures for the design, siting, construction, installation, maintenance, and removal of wireless telecommunications facilities in the Borough, including facilities both inside and outside the public rights-of-way.
(5)
To address new wireless technologies, including, but not limited to, distributed antenna systems, data collection units, cable Wi-Fi, and other wireless telecommunications facilities.
(6)
To encourage the co-location of wireless telecommunications facilities on existing structures rather than the construction of new wireless support structures.
(7)
To protect Borough residents from potential adverse impacts of wireless telecommunications facilities and preserve, to the extent permitted under law, the visual character of established communities and the natural beauty of the landscape.
B.
Applicability.
(1)
New wireless telecommunications facility structures. All new wireless supports and wireless telecommunications facilities in the Borough, not in existence on the effective date of this article, shall be subject to these regulations.
(2)
Previously approved wireless telecommunication facilities. Except with regard to additions or substantial modifications, wireless telecommunications facilities in existence prior to the effective date of this article, if previously approved by the Borough, shall not be required to meet the requirements of this article.
(3)
Amateur radio station operators or receive-only antennas. This article shall not govern any support structure, or the installation of any antenna array, that is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive-only and/or noncommercial antennas.
C.
Application and review procedure.
(1)
Application. All applications for permits filed pursuant to this section shall be on a form, paper or electronic, provided by the Borough. The applicant may designate portions of its application materials that it reasonably believes contain proprietary or confidential information as "proprietary" or "confidential" by clearly marking each page of such materials accordingly.
(2)
Application requirements. Any application submitted pursuant to this section shall contain the following:
(a)
The wireless provider's name, address, telephone number, and email address.
(b)
The applicant's name, address, telephone number, and email address, if different than the wireless provider, and its interest in the work.
(c)
The names, addresses, telephone numbers, and email addresses of all consultants, if any, acting on behalf of the applicant with respect to the filing of the application.
(d)
Proof of the site owner's consent, if the applicant is not the owner of the site on which the applicant seeks to locate a commercial telecommunications facility.
(e)
A general description of the proposed work and the purposes and intent of the wireless telecommunications facility. The scope and detail of such description shall be appropriate to the nature and character of the work to be performed, with special emphasis on those matters likely to be affected or impacted by the work proposed.
(f)
An attestation that, to the best of the applicant's knowledge, the information contained in the application is true.
(3)
Supporting documentation. The following supporting documentation shall be submitted at the time of initial application submission:
(a)
A site plan, with sufficient detail to show the proposed location of items the applicant seeks to install.
(b)
Drawings pertaining to installation, stamped by a licensed professional engineer, prepared by the manufacturer or applicant.
(c)
The proposed maintenance and inspection schedule.
(d)
A preliminary or a certified statement that the installation of the antennas, including reception and transmission functions, will not interfere with the radio or television service enjoyed by adjacent residential and nonresidential properties or with public safety telecommunications. In the event only a preliminary statement is submitted with the application, a final certified statement on noninterference will be provided and approved by the Borough prior to the issuance of a permit. A Borough-approved professional engineer shall prepare the statement.
(e)
A safety analysis and certification by a licensed professional engineer that the proposed telecommunications facility will be in compliance with all applicable FAA and FCC laws and regulations.
(f)
Proof of FCC license, including the name, address, and emergency telephone number for the operator of the facility.
(4)
Permit fees.
(a)
Tower-based wireless telecommunications facilities. 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 wireless telecommunications facility, as well as related inspection, monitoring and related costs.
[1]
In the case of tower-based wireless telecommunications facilities designed as small cell facilities, the applicant shall pay a fee of $1,000 for each new associated pole used with the small wireless facility. Fees shall be in compliance with the Small Wireless Facilities Deployment Act ("Act"), 53 P.S. § 11704.1 et seq., and can be changed by resolution of Borough Council.
(b)
Non-tower wireless telecommunications facilities. 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 wireless telecommunications facilities or $1,000, whichever is less.
[1]
In the case of non-tower wireless telecommunications facilities designed as small wireless facilities, the applicant shall pay a fee of $500 for a single up-front application that includes up to five small wireless facilities, with an additional $100 for each small wireless facility beyond five; and $1,000 in nonrecurring fees for each new or replacement utility pole. Fees shall be in compliance with the Small Wireless Facilities Deployment Act ("Act"), 53 P.S. § 11704.1 et seq., and can be changed by resolution of Borough Council.
(5)
Review of applications.
(a)
Tower-based wireless telecommunications facilities. Within 30 calendar days of the date that an application for a tower-based wireless telecommunications facility is filed with the Borough, the Borough shall notify the applicant if the application has been deemed incomplete and the process outlined in Subsection C(5)(d), below, shall commence. All applications for tower-based wireless telecommunications facilities shall be acted upon within 150 days of the receipt of a fully completed application for the approval of such tower-based wireless telecommunications facility, 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 150-day review period.
(b)
Non-tower wireless telecommunications facilities. Within 30 calendar days of the date that an application for a non-tower wireless telecommunications facilities is filed with the Borough, the Borough shall notify the applicant if the application has been deemed incomplete and the process outlined in Subsection C(5)(d), below, shall commence. 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 review period.
(c)
Small wireless facility. Within 10 calendar days of the date that an application for a small wireless facility is filed with the Borough, the Borough shall notify the applicant if the application has been deemed incomplete and the process outlined in Subsection C(5)(d), below, shall commence. Within 60 calendar days of receipt of a complete application for a new small wireless facility or within 30 days of receipt of a complete application for co-location of a small wireless facility, 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 review period.
(d)
Incomplete applications. When an application is deemed incomplete by the Borough, the Borough shall provide written notice to the applicant, and shall identify the missing documents or information, and shall cite the applicable rule or regulation in support. The times set forth above shall restart at zero on the date which the applicant submits all the documents and information identified by the Borough to make the application complete. If the applicant's supplemental submission fails to make the application complete, and the Borough notifies the applicant within 10 days of the supplemental submission and identifies the missing documents or information, the applicable times set forth above shall be tolled until the applicant provides the missing documents and information. The time shall restart on the date when the applicant submits all the documents and information identified by the Borough to render the application complete.
(6)
Permit scope and effect. Installation, modification, or co-location for which a permit is granted pursuant to this section shall be completed within one year after the permit issuance date unless the Borough and the applicant agree to extend this period or a delay is caused by the lack of commercial power or communications facilities at the site. Approval of an application authorizes the applicant to:
(7)
Consolidated applications option for small wireless facilities.
(a)
An applicant may submit a consolidated application for up to 20 small wireless facilities, if all the small wireless facilities in the consolidated application are substantially the same type.
(b)
If the Borough denies the application for one or more small wireless facilities in a consolidated application, the Borough may not use the denial as a basis to delay the application process of any other small wireless facility in the same consolidated application.
(c)
A single permit may be issued for siting and co-locating multiple small wireless facilities spaced to provide wireless coverage in a contiguous area.
D.
General requirements for all wireless telecommunications facilities.
(1)
Standard of care. Any wireless telecommunications facility and any associated wireless support structure shall be designed, constructed, operated, maintained, repaired, modified, and removed in strict compliance with all current applicable technical, safety, and safety-related codes, including, but not limited to, the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, National Electrical Code, as well as the accepted and responsible workmanlike industry practices of the National Association of Tower Erectors, if applicable. Any wireless telecommunications facility and any associated wireless support structure shall at all times be kept and maintained in good condition, order, and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Borough.
(2)
Compliance with local, state, and federal standards. All telecommunications facilities shall meet or exceed all applicable federal, state and local laws, rules, standards or regulations of the FCC and the FAA. If such standards, rules, laws or regulations are changed or amended, at any time in the future, then the owners of such facilities shall bring those facilities into compliance with such revised regulations if such changes or amendments provide for existing communications towers and/or antennas to be brought into compliance.
(3)
Wind. Any wireless support structure shall be designed to withstand the effects of wind according to the standard designed by the American National Standards Institute (ANSI).
(4)
Public safety communications. No wireless telecommunications facility shall interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.
(5)
Radio frequency emissions. No wireless telecommunications facility may, by itself or in conjunction with other wireless telecommunications facilities, generate radio frequency emissions in excess of the standards and regulations of the FCC.
(6)
Lighting. Wireless supports and wireless telecommunications facilities 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.
(7)
Existing vegetation. The applicant shall ensure that existing vegetation, trees and shrubs located on the site of the proposed facility shall be preserved and/or replaced to the maximum extent possible.
(8)
Maintenance. All wireless supports and wireless telecommunications facilities shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair. Such maintenance shall be performed to ensure the upkeep of the facility in order to promote the safety and security of the Borough's residents and businesses. All modifications and utilized materials shall be nothing less than the best available technology for preventing failures and accidents. All maintenance shall be ordered and repaired by qualified maintenance and construction personnel.
E.
Tower-based facilities outside the rights-of-way. The following additional regulations shall apply to tower-based wireless communications facilities located outside the rights-of-way, which shall only be permitted upon issuance of conditional use approval by Borough Council:
(1)
Development regulations:
(a)
Prohibited in residential zones. No tower-based wireless telecommunications facility shall be located in a district zoned residential or within 500 feet of a lot in residential use or a residential district boundary. Tower-based wireless telecommunications facilities are permitted only in the LI Limited Industrial District, pursuant to Article XI of this chapter.
(b)
Gap in coverage. An applicant for a tower-based wireless telecommunications facility shall demonstrate that a significant gap in wireless coverage or capacity exists with respect to its network in the applicable area and that the type of wireless telecommunications facility being proposed is the least intrusive means by which to fill that gap. The existence or nonexistence of a gap shall be a factor in the Borough's decision on an application for approval of tower-based wireless telecommunications facilities.
(c)
Sole use on a lot. A tower-based wireless telecommunications facility 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.
(d)
Combined with another use. A tower-based wireless telecommunications facility 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:
[1]
The existing use on the property may be any permitted use in the applicable district and need not be affiliated with the communications facility.
[2]
Minimum lot area. The minimum lot shall comply with the requirements for the applicable district and shall be the area needed to accommodate the tower-based wireless telecommunications facility and guy wires, the equipment building, security fence, and buffer planting.
[3]
Minimum setbacks. The tower-based wireless telecommunications facility and accompanying equipment building shall comply with the requirements for the applicable zoning district, provided that no tower-based wireless telecommunications facility shall be located within 500 feet of a lot in residential use or a residential district boundary.
(e)
Notice by applicant. Upon submission of an application for a tower-based wireless telecommunications facility, the applicant shall mail notice to all owners of every property within 500 feet of the proposed facility. The applicant shall provide proof of mailing of the notification to the Borough.
(f)
Co-location. An application for a new tower-based wireless telecommunications facility shall not be approved unless the Borough finds that the wireless communications equipment planned for the proposed tower-based wireless telecommunications facility cannot be accommodated on an existing or approved structure or building. Any application for approval of a tower-based wireless telecommunications facility 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 wireless telecommunications facility 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 wireless telecommunications facility applicant shall be subject to the approval of the Borough.
(b)
Any height extensions to an existing tower-based wireless telecommunications facility shall require prior approval of the Borough. 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 wireless telecommunications facility shall be designed structurally, electrically, and in all respects to accommodate both the wireless telecommunications facility applicant's antennas and comparable antennas for future users.
(3)
Fencing and screening requirements:
(a)
A security fence having a minimum height of six feet shall completely surround any tower-based wireless telecommunications facility, guy wires, or any building housing wireless telecommunications facility 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 wireless telecommunications facility applicant shall submit a landscape plan for review and approval by the Borough Engineer for all proposed screening.
(4)
Accessory equipment:
(a)
Ground-mounted equipment associated to, or connected with, a tower-based wireless telecommunications facility 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.
(5)
Additional antennas. As a condition of approval for all tower-based wireless telecommunications facilities, the wireless telecommunications facility applicant shall provide the Borough with a written commitment that it will allow other service providers to co-locate antennas on tower-based wireless telecommunications facilities where technically and economically feasible. The owner of a tower-based wireless telecommunications facility shall not install any additional antennas without obtaining the prior written approval of the Borough.
(6)
Access road. An access road, turnaround space and parking shall be provided to ensure adequate emergency and service access to a tower-based wireless telecommunications facility. 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 wireless telecommunications facility owner shall present documentation to the Borough that the property owner has granted an easement for the proposed facility.
(7)
Financial security. Prior to the issuance of a permit, the owner of a tower-based wireless telecommunications facility outside the right-of-way shall, at its own cost and expense, obtain from a surety licensed to do business in Pennsylvania and maintain a financial security acceptable to the Borough Solicitor, in an amount of $100,000, to assure the faithful performance of the terms and conditions of this article. The financial security 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 article, after reasonable notice and opportunity to cure. The owner shall file the financial security with the Borough.
(8)
Visual or land use impact. The Borough reserves the right to deny an application for the construction or placement of any tower-based wireless telecommunications facility based upon visual and/or land use impact.
F.
Tower-based facilities in the rights-of-way. The following additional regulations shall apply to tower-based wireless communications facilities located in the rights-of-way, which shall only be permitted upon issuance of conditional use approval by Borough Council:
(1)
Development regulations:
(a)
Restrictions as to placement. Unless designed as a small wireless facility, tower-based wireless telecommunications facilities are only permitted in the LI Limited Industrial District, provided they are not within 500 feet of a lot in a residential use or a residential district boundary. If designed as a small wireless facility, a tower-based wireless telecommunications facility is permitted within a residential zone or within 500 feet of a lot in residential use or a residential district boundary if proposed on a utility pole and located within 100 feet of aboveground utility lines.
(b)
Gap in coverage. An applicant for a tower-based wireless telecommunications facility shall demonstrate that a significant gap in wireless coverage or capacity exists with respect to its network in the applicable area and that the type of wireless telecommunications facility being proposed is the least intrusive means by which to fill that gap. The existence or nonexistence of a gap shall be a factor in the Borough's decision on an application for approval of tower-based wireless telecommunications facilities in the right-of-way.
(c)
Notice by applicant. Upon submission of an application for a tower-based wireless telecommunications facility, the applicant shall mail notice to all owners of every property within 500 feet of the proposed facility. The applicant shall provide proof of mailing of the notification to the Borough.
(d)
Co-location. An application for a new tower-based wireless telecommunications facility in the right-of-way 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 wireless telecommunications facility 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.
(e)
Time, place and manner. The Borough shall determine the time, place and manner of construction, maintenance, repair and/or removal of all tower-based wireless telecommunications facilities in the right-of-way based on public safety, traffic management, physical burden on the right-of-way, 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.[1]
[1]
Editor's Note: See 66 Pa.C.S.A. § 101 et seq.
(2)
Equipment location. Tower-based wireless telecommunications facilities 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 right-of-way, 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 undergrounded 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 the existence of the graffiti.
(e)
Any underground vaults related to tower-based wireless telecommunications facilities shall be reviewed and approved by the Borough.
(3)
Design regulations.
(a)
The wireless telecommunications facility 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 wireless telecommunications facility applicant shall be subject to the approval of the Borough.
(b)
Any height extensions to an existing tower-based wireless telecommunications facility shall require prior approval of the Borough and shall not increase the overall height of the tower-based wireless telecommunications facility 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 wireless telecommunications facility shall be designed structurally, electrically, and in all respects to accommodate both the wireless telecommunications facility applicant's antennas and comparable antennas for future users.
(d)
Visual or land use impact. The Borough reserves the right to deny the construction or placement of any tower-based wireless telecommunications facility in the right-of-way based upon visual and/or land use impact.
(4)
Additional antennas. As a condition of approval for all tower-based wireless telecommunications facilities in the right-of-way, the wireless telecommunications facility applicant shall provide the Borough with a written commitment that it will allow other service providers to co-locate antennas on tower-based wireless telecommunications facilities where technically and economically feasible. The owner of a tower-based wireless telecommunications facility shall not install any additional antennas without obtaining the prior written approval of the Borough.
(5)
Damage to Borough property. A wireless provider shall repair, at its sole cost and expense, any damages, including, but not limited to, subsidence, cracking, erosion, collapse, weakening, or loss of lateral support to the Borough's streets, sidewalks, walks, curbs, gutters, trees, parkways, streetlights, traffic signals, improvements of any kind or nature, or utility lines and systems, underground utility line and systems, or sewer or water systems and water and sewer lines directly resulting from any activities performed in connection with the installation and/or maintenance of a wireless facility in the right-of-way. The wireless provider shall restore such areas, structures, and systems to substantially the same condition in which they existed prior to the installation or maintenance that necessitated the repairs.
(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 tower-based wireless telecommunications facility in the right-of-way shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any wireless telecommunications facility 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.
(7)
Compensation for right-of-way use. In addition to permit fees as described above, every tower-based wireless telecommunications facility in the right-of-way is subject to the Borough's right to fix annually a fair and reasonable compensation to be paid for use and occupancy of the right-of-way. Such compensation for right-of-way use shall be directly related to the Borough's actual right-of-way management costs, including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other right-of-way management activities by the Borough. The owner of each tower-based wireless telecommunications facility 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 right-of-way management fee for tower-based wireless telecommunications facilities shall be determined by the Borough and authorized by resolution of the Borough Council and shall be based on the Borough's actual right-of-way management costs as applied to such tower-based wireless telecommunications facility. In default of an actual cost study completed by the Borough, the presumptively reasonable fees shall be as established by law.
(8)
Financial security. Prior to the issuance of a permit, the owner of a tower-based wireless telecommunications facility in the right-of-way shall, at its own cost and expense, obtain from a surety licensed to do business in Pennsylvania and maintain financial security acceptable to the Borough Solicitor, in an amount of $100,000, to assure the faithful performance of the terms and conditions of this article. The financial security 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 article, after reasonable notice and opportunity to cure. The owner shall file a copy of the financial security with the Borough.
G.
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)
Permitted in all zones subject to regulations. Non-tower wireless telecommunications facilities are permitted in all zones subject to the restrictions and conditions prescribed below and subject to the prior written approval of the Borough.
(2)
Development regulations. Non-tower wireless telecommunications facilities shall be co-located on existing structures such as existing buildings or tower-based wireless telecommunications facilities, subject to the following conditions:
(a)
Such wireless telecommunications facility does not exceed a maximum height of 150 feet.
(b)
If the wireless telecommunications facility 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. Vehicular access to the communications equipment building shall not interfere with the parking or vehicular circulations on the site for the principal use.
(3)
Design regulations.
(a)
Non-tower wireless telecommunications facilities 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 wireless telecommunications facility applicant shall be subject to the approval of the Borough.
(b)
Non-tower wireless telecommunications facilities 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 wireless telecommunications facility applicant obtains a conditional use permit.
(c)
All non-tower wireless telecommunications facility applicants shall 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 that is reasonably necessary for their proper functioning.
(4)
Removal, replacement, or modification.
(a)
The removal and replacement of non-tower wireless telecommunications facilities and/or accessory equipment for the purpose of upgrading or repairing the wireless telecommunications facility is permitted, so long as such repair or upgrade does not increase the overall size of the wireless telecommunications facility or the number of antennas.
(b)
Any material modification to a wireless telecommunication facility shall require a prior amendment to the original permit or authorization.
(5)
Inspection. The Borough reserves the right to inspect any wireless telecommunications facility to ensure compliance with the provisions of this article and any other provisions found within the Borough Code or state or federal law. The Borough and/or its agents shall have the authority to enter the property upon which a wireless telecommunications facility is located at any time, upon reasonable notice to the operator, to ensure such compliance.
(6)
Financial security. Prior to the issuance of a permit, the owner of each individual non-tower wireless telecommunications facility shall, at its own cost and expense, obtain from a surety licensed to do business in Pennsylvania and maintain financial security acceptable to the Borough Solicitor, in an amount of $25,000, for each individual non-tower wireless telecommunications facility, to assure the faithful performance of the terms and conditions of this article. The financial security 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 article, after reasonable notice and opportunity to cure. The owner shall file a copy of the financial security with the Borough.
H.
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)
Authorization. Non-tower wireless telecommunications facilities designed as a small wireless facility in the right-of-way shall be permitted in all zoning districts by right when co-located on utility poles.
(a)
Underground districts. Non-tower wireless telecommunications facilities designed as a small wireless facility shall not be located in a right-of-way in which all utility installations are presently underground.
(2)
Design requirements:
(a)
Wireless telecommunications facility installations located above the surface grade in the public right-of-way, 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. Wireless telecommunications facilities and accompanying equipment shall be painted, or otherwise coated, to be visually compatible with the support structure upon which they are mounted.
(c)
All accessory equipment shall be contained within a single equipment shroud or cabinet. Such equipment shroud or cabinet shall be of the smallest dimensions technically feasible.
(3)
Time, place and manner. The Borough shall determine the time, place and manner of construction, maintenance, repair and/or removal of all non-tower wireless telecommunications facilities in the right-of-way based on public safety, traffic management, physical burden on the right-of-way, 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.[2]
[2]
Editor's Note: See 66 Pa.C.S.A. § 101 et seq.
(4)
Equipment location. Non-tower wireless telecommunications facilities 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 right-of-way, 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 the existence of the graffiti.
(e)
Any underground vaults related to non-tower wireless telecommunications facilities shall be reviewed and approved by the Borough.
(5)
Damage to Borough property. A wireless provider shall repair, at its sole cost and expense, any damages, including, but not limited to, subsidence, cracking, erosion, collapse, weakening, or loss of lateral support to the Borough's streets, sidewalks, walks, curbs, gutters, trees, parkways, streetlights, traffic signals, improvements of any kind or nature, or utility lines and systems, underground utility lines and systems, or sewer or water systems and water and sewer lines directly resulting from any activities performed in connection with the installation and/or maintenance of a wireless facility in the right-of-way. The wireless provider shall restore such areas, structures, and systems to substantially the same condition in which they existed prior to the installation or maintenance that necessitated the repairs.
(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 wireless telecommunications facility in the right-of-way shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any wireless telecommunications facility 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)
Compensation for right-of-way use.
(a)
Small wireless facilities. In addition to permit fees described above, the owner of the small wireless facilities shall pay a right-of-way management fee of $270 per small wireless facility by January 30 of every year. Fees shall be in compliance with the Act and can be changed by resolution of Borough Council.
(b)
Other non-tower wireless telecommunications facilities. In addition to permit fees as described above, every non-tower wireless telecommunications facility in the right-of-way is subject to the Borough's right to fix annually a fair and reasonable compensation to be paid for use and occupancy of the right-of-way. Such compensation for right-of-way use shall be directly related to the Borough's actual right-of-way management costs, including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other right-of-way management activities by the Borough. The owner of each non-tower wireless telecommunications facility 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 right-of-way management fee for non-tower wireless telecommunications facilities shall be determined by the Borough and authorized by resolution of the Borough Board and shall be based on the Borough's actual right-of-way management costs as applied to such non-tower wireless telecommunications facility. In default of an actual cost study completed by the Borough, the presumptively reasonable fees shall be as established by law.
(8)
Financial security. Prior to the issuance of a permit, the owner of each individual non-tower wireless telecommunications facility shall, at its own cost and expense, obtain from a surety licensed to do business in Pennsylvania and maintain financial security acceptable to the Borough Solicitor, in an amount of $25,000, for each individual non-tower wireless telecommunications facility, to assure the faithful performance of the terms and conditions of this article. The financial security 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 article, after reasonable notice and opportunity to cure. The owner shall file a copy of the financial security with the Borough.
§ 95-165 Renewable energy systems.
[Amended 5-6-2024 by Ord. No. 2024-04]
A.
Purpose and intent.
(1)
The purpose of this section is to provide a regulatory framework for the construction and operation of solar energy systems, geothermal energy systems, and small wind energy systems in East Greenville Borough, subject to reasonable restrictions which will protect the public health, safety, and welfare, while also maintaining the character of East Greenville Borough.
(2)
This section also seeks to promote the safe, effective, and efficient use of renewable energy systems which are installed to reduce the on-site consumption of utility-supplied electricity.
B.
General regulations for solar energy systems.
(1)
Applicability.
(a)
Solar energy systems shall be a permitted accessory use in all zoning districts by right.
(b)
All solar energy systems shall provide on-site power or energy for the principal use and/or another accessory use on the same lot, parcel, or unit on which the solar energy system is located and shall not be primarily used to convert energy for commercial or other off-site transfer or use. This provision shall not be interpreted to prohibit the sale of electricity generated in excess of on-site requirements under an interconnection agreement, net metering agreement, or power purchase agreement.
(c)
Owners of solar energy systems are encouraged but not required to obtain solar easements from neighboring landowners to ensure solar access. The Borough does not guarantee and will not protect any individual property rights with respect to solar access.
(2)
Height.
(a)
A roof-mounted or wall-mounted solar energy system shall comply with the following:
[1]
A solar energy system shall not project vertically above the peak of the roof to which it is attached.
[2]
If the solar energy system is located on a flat roof, it shall not project vertically greater than 10 feet above the roof plane.
[3]
In no case shall the height of the solar energy system exceed five feet above the zoning district's maximum height limit.
(b)
Ground-mounted solar energy systems shall not exceed a height of 15 feet.
(3)
Setbacks and lot coverage.
(a)
A roof-mounted solar energy system shall comply with the roof access and pathways requirements of the construction codes then in effect in the Borough of East Greenville pursuant to the Pennsylvania Uniform Construction Code as shall be properly adopted by Borough Council.
(4)
Aesthetics and screening.
(a)
The design of solar energy systems shall, to the extent reasonably possible, use materials, colors, textures, screening, and landscaping that will blend the facility into the natural setting and existing environment and shall not be used to display advertising or decoration, including signage, streamers, pennants, spinners, reflectors, ribbons, tinsels, balloons, flags, banners, lights, or similar items. Manufacturers and equipment information, safety warnings, and ownership information may be displayed on solar energy system equipment provided such information complies with applicable sign regulations.
(b)
All solar energy system components shall be clearly labeled with a warning concerning voltage and other important electrical safety information.
(c)
An applicant shall locate a solar energy system so that tree removal is not required, to the extent reasonably possible.
[1]
No street tree shall be removed for the placement of a solar energy system.
[2]
If a tree located in the front yard and visible from the public right-of-way shall be removed, it shall be replaced with a tree selected from the lists of shade trees in § 85-104 of the Borough of East Greenville Subdivision and Land Development Ordinance, provided the replacement tree is located as close to its original position as practical.
(d)
All solar panels and solar energy collectors shall be located so as to not create any additional heat load or direct solar glare upon neighboring properties.
(5)
Decommissioning requirements.
(a)
If a solar energy system remains nonfunctional or inoperative for a continuous period of one year, the system shall be deemed to be abandoned and shall constitute a public nuisance, with the exception of BIPV systems. The owner shall remove the system within six months of abandonment after a demolition permit has been obtained in accordance with the following:
(b)
When a ground-mounted or freestanding solar energy system is removed, any disturbed earth as a result of the removal of the system shall be restored, graded and reseeded.
(6)
Compliance with other regulations.
(a)
To the extent applicable, the solar energy system shall comply with the Pennsylvania Uniform Construction Code, Acts 35 and 36 of 2017, as amended, the 2018 International Residential Code, as amended, and the regulations adopted by the Department of Labor and Industry.
(b)
All installers must be on the official list of registered installers through the Pennsylvania Department of Environmental Protection's Solar Sunshine Program.
C.
General regulations for geothermal energy systems.
(1)
Permitting.
(a)
It shall be unlawful to install a new geothermal well or modify an existing geothermal well without a valid permit.
(b)
Prior to constructing a new geothermal well or modifying an existing geothermal well, the property owner shall file all appropriate applications with the municipality, county, or other regulating agency and pay all applicable fees.
(c)
The application to construct or alter a geothermal well shall be filed on behalf of the current owner or equitable owner.
(d)
The Borough shall approve or deny the application within 15 working days of receipt of a complete application and the appropriate fee. The Borough shall field verify the location of the proposed geothermal well(s) and all applicable isolation distances. When the Borough has found an application to be incomplete, or the Borough is unable to verify the information submitted, the applicant shall be notified, in writing, that additional information or clarification is required. The Borough's time for acting upon a permit shall be extended 15 days beyond the date of receipt of the supplementary or amendatory information.
(e)
Any relocation of the proposed geothermal well site from the permitted location shall be submitted in writing and approved by the Borough.
(f)
If geothermal well construction is not completed in three years from the permit issuance date, the approval to construct shall expire.
(g)
All geothermal well applications shall include the following information:
[1]
Applicant name and signature, address, and telephone number.
[2]
Site address, subdivision name, lot number, and municipality.
[3]
Driller name, PADCNR license number, and telephone number.
[4]
Tax parcel number.
[5]
Description of construction.
[6]
Plot plan including:
[a]
Property lines, lot dimensions, slope direction, adjacent streets, and reference to north.
[b]
Marked distances from the proposed geothermal well to any existing and proposed water supplies, buildings, driveways, parking areas, two nonparallel property lines, retention areas, surface waters, chemical/fuel storage areas, and any other feature that requires an isolation distance as defined in this section.
(2)
Geothermal system standards.
(a)
Geothermal wells shall be constructed to the standards outlined in the Montgomery County Public Health Code, Chapter 17, "Individual Water Supply, Irrigation Well, and Geothermal Well System Regulations."
(b)
All wells shall be constructed by a Pennsylvania Department of Conservation and Natural Resources (DCNR) licensed water well driller or an International Ground Source Heat Pump Association (IGSHPA) accredited geothermal system installer.
(c)
Only closed-loop geothermal well systems or standing-column geothermal well systems are allowed.
(d)
Open-loop geothermal well systems, except for standing-column geothermal well systems, are prohibited. Separate supply and reinjection wells are prohibited.
(3)
Location of geothermal systems.
(a)
The applicant and/or well driller/installer is responsible for ensuring maintenance of all isolation distances set forth in this section.
(b)
Isolation distances. Minimum isolation distances shall be maintained from the proposed individual geothermal well to the facilities listed below.
Minimum Setback from Landmark to Borehole or Geothermal Supply or Return Well | |||
|---|---|---|---|
Landmark | Closed-Loop Systems | Standing-Column Well Systems | |
Delineated wetlands, floodplains, lakes, ponds, streams, or other surface waters | 12.5 feet* | 25 feet* | |
Storm drains, retention basins, stormwater stabilization ponds, or rainwater pits | 12.5 feet* | 25 feet* | |
Community spray irrigation site sewage sludge and septage disposal site | 50 feet* | 100 feet* | |
Farm silos, barnyards, manure pits or tanks or other storage areas of animal manure | 100 feet* | 200 feet* | |
Subsurface sewage absorption areas, elevated sand mounds, cesspools, sewage seepage pits, single-family spray irrigation system, etc. | 50 feet* | 100 feet* | |
Septic tanks, aerobic tanks, sewage pump tanks, holding tanks | 25 feet* | 50 feet* | |
Gravity sewer lines and drains carrying domestic sewage or industrial waste (unless item below applies) | 25 feet* | 50 feet* | |
A. | Gravity sewer lines and drains using cast-iron pipe with watertight lead-caulked or neoprene-gasketed joints, or Schedule 40 PVC pipe with solvent-welded joints | 5 feet* | 10 feet* |
B. | Sewer lines and drains carrying domestic sewage or industrial waste under pressure (except welded steel pipe or concrete-encased pipe) | 25 feet* | 50 feet* |
Commercial preparation area or storage area of hazardous spray materials, fertilizers or chemicals, salt piles | 150 feet* | 300 feet* | |
Existing water and forced sewer buried utilities and/or utility trenches | 15 feet or outside easement | ||
Dedicated public right-of-way and property lines | 10 feet | ||
Building foundations (except buildings enclosing water wells and/or water well pumps) | 10 feet | ||
Identified NPL (Superfund) site plume area | 300 feet | ||
Any other source or potential source of pollution | As approved | ||
* | These amounts are the minimum isolation distances required by Montgomery County Health Department (MCHD) Code § 17-7. Any deviation or modification from these isolation distances shall be reviewed and approved by the MCHD. |
(c)
Any proposed deviation or modification from the above-listed isolation distances shall be submitted, in writing, to the Borough, and the Montgomery County Health Department (MCHD), if applicable, stating reasons for such deviation or modification. Upon review of the material, a waiver may be granted. Additional conditions may be required prior to permit issuance. These conditions may also be applied to isolation distances unable to be determined by the applicant.
(4)
Installation and maintenance.
(a)
The geothermal system shall be designed and installed in conformance with IGSHPA Heat Pump Systems Design and Installation Standards, as same may be amended and updated from time to time.
(b)
All geothermal systems shall be properly maintained in accordance with the manufacturer's specifications, the installer's specifications, and any applicable federal, state, and local laws.
(5)
Decommissioning requirements.
(a)
All abandoned wells shall be filled and sealed according to the PADEP/DCNR Water Well Abandonment Guidelines. A copy of the PADEP/DCNR Water Well Abandonment Form shall be submitted to MCHD within 30 days of abandonment.
(b)
Any and all heat transfer fluid shall be removed by displacement with grout. The top of the borehole shall be uncovered and capped with grout in a manner acceptable to the Borough and MCHD.
(c)
If the applicant/homeowner chooses not to abandon the well, a nonabandonment declaration shall be signed and submitted to MCHD within 30 days.
(d)
Abandonment procedures may be subject to MCHD inspection.
(6)
Compliance with other regulations. If any provision of this section conflicts with any applicable county, state, or federal law, rule, or regulation which is more strict or which is determined to preempt a provision of this section, the applicable county, state, or federal requirement shall control.
D.
General regulations for small wind energy systems.
(1)
Applicability.
(a)
Wind energy systems shall be a permitted accessory use in all zoning districts by right.
(b)
All wind energy systems shall provide on-site power or energy for the principal use and/or another accessory use on the same lot, parcel, or unit on which the wind energy system is located and shall not be primarily used to convert energy for commercial or other off-site transfer or use. This provision shall not be interpreted to prohibit the sale of electricity generated in excess of on-site requirements under an interconnection agreement, net metering agreement, or power purchase agreement.
(2)
Permitting.
(a)
It shall be unlawful to install a new wind energy system or modify an existing wind energy system without a valid permit.
(b)
Any relocation of the proposed wind energy system from the permitted location shall be submitted in writing and approved by the Borough.
(c)
If the wind energy system is not installed and functioning within three years from the permit issuance date, the approval to construct shall expire.
(d)
The zoning permit application shall be accompanied by a plot plan which includes the following information:
[1]
Property lines and physical dimensions of the property;
[2]
Location, dimensions, and types of existing major structures on the property;
[3]
Location of the proposed wind energy system tower;
[4]
The right-of-way of any public road that is contiguous with the property;
[5]
Any public overhead utility lines or easements;
[6]
Wind energy system specifications, including manufacturer and model, rotor diameter, tower height, tower type (freestanding or guyed), and any manufacturer-recommended installation and maintenance standards.
(e)
Foundation plans and analysis shall be submitted by a certified engineer for the installation of any tower taller than 35 feet.
(f)
Applications for roof-mounted (or other nontraditionally mounted) wind energy systems shall include a wet stamped/sealed/certified structural engineering analysis for the turbine mounting system and for the suitability of the building to which the turbine is to be mounted.
(3)
Height and setbacks.
(a)
The base of the tower shall be set back from all property lines, public rights-of-way, designated important bird areas, and overhead public utility lines a distance equal to 1.1 times the total extended height.
(b)
Ground-mounted wind energy systems shall not be permitted in a front yard or facing any street frontages unless the applicant can prove such installation would make the system financially impractical otherwise and can be installed meeting all other requirements.
(c)
Ground-mounted wind energy systems shall not be permitted in easement areas unless specifically allowed.
(d)
The total extended height of the wind energy system shall be a maximum of 35 feet in the R-1, R-2, R-3, and R-4 Residential, BR Borough Residential, and BC Borough Commercial Districts.
(e)
The total extended height of the wind energy system shall be a maximum of 60 feet in the LI Limited Industrial and INST Institutional Districts.
(4)
Aesthetics.
(a)
The wind energy system components shall be of a neutral color, such as white, off-white, or gray.
(b)
The wind energy system shall not be artificially lighted, unless required by Federal Aviation Administration regulations.
(c)
The wind energy system shall not display advertising, except for reasonable identification of the turbine manufacturer and any required safety warnings.
(d)
All wiring between the wind turbine and any structure shall be buried below the surface of the ground.
(6)
Safety.
(a)
All wind energy systems shall be equipped with manual, electronic or mechanical, and automatic over-speed controls to limit the blade rotation speed to within the design limits of the wind energy system.
(b)
Horizontal-axis wind turbines shall not be climbable up to a minimum of 15 feet above grade level and shall have a minimum blade clearance of 25 feet.
(c)
For lattice or guyed towers, sheets of metal or wood shall be fastened to the lower part of the tower to cover all hand- and footholds up to a height of 15 feet above grade level.
(d)
All ground-mounted electrical and control equipment shall be labeled and secured to prevent unauthorized access.
(e)
Display "Danger - High Voltage" or "Caution - Electrical Shock Hazard" signs to the sides of the tower.
(7)
Shadow flicker. All wind energy systems shall, to the extent feasible, be sited to prevent shadow flicker on any adjacent properties as well as any adjacent street rights-of-way.
(8)
Decommissioning requirements.
(a)
If a wind energy system remains nonfunctional or inoperative for a continuous period of one year, the system shall be deemed to be abandoned and shall constitute a public nuisance. The owner shall remove the system within six months of abandonment after a demolition permit has been obtained in accordance with the following:
(b)
When a ground-mounted wind energy system is removed, any disturbed earth as a result of the removal of the system shall be restored, graded, and reseeded.
(9)
Compliance with other regulations. All wind energy systems, including towers, shall comply with all applicable local, state, and federal construction and electrical codes.
E.
Severability. Invalidity of provisions. If any term, provision, covenant or restriction of this section is held by a court of competent jurisdiction to be invalid, illegal, void or unenforceable, the remainder of the terms, provisions, covenants and restrictions set forth herein shall remain in full force and effect and shall in no way be affected, impaired or invalidated.
§ 95-166 Alley and landlocked lots.
A.
Legislative intent. In expansion of the declaration of legislative intent and the statement of community development objectives contained in Article I, §§ 95-2 and 95-3, the specific intent of this section is to promote the maintenance and appropriate use of properties which do not have street access.
B.
Permitted uses. On an alley lot or landlocked lot, a building may be erected or used or occupied for any of the following uses and no other:
C.
Conditional use. On an alley lot or landlocked lot, a single-family detached dwelling may be constructed by conditional use subject to the standards below. A single-family detached dwelling shall meet the following requirements as well as the requirements of the zoning district in which it is located, except as the requirements pertain to street access and street width.
(1)
Access strip. The alley lot or landlocked lot shall have at least a twenty-five-foot-wide access strip onto a paved street or alley that is at least 20 feet wide for the length of the block.
(2)
United States Postal Service. The applicant shall present certification from the United States Postal Service of the ability to be issued a postal address and receive postal mail.
(3)
Water. The proposed single-family detached dwelling shall be served by the public water system of East Greenville Borough.
(4)
Sewer. The proposed single-family detached dwelling shall be served by the public sewer system of East Greenville Borough.
(5)
Emergency services. Certification from the Fire Marshal shall be provided stating that there is adequate access to the alley lot for emergency vehicles.
(6)
Construction. The proposed single-family detached dwelling shall be constructed with the front facade facing in the direction deemed most logical and reasonable by Borough Council. In determining whether the direction of the facade is logical and reasonable, Borough Council shall consider, but not be limited to, such factors as:
D.
Area and height regulations.
(1)
Lot area. The minimum lot area shall be 2,500 square feet.
(2)
Lot width. Each lot shall have a width at the alley lot line of not less than 25 feet.
(3)
Building area. A maximum of 35% of the lot may be occupied by buildings.
(4)
Maximum impervious surface coverage. No more than 45% of the lot area shall be covered by impervious surfaces.
(5)
Building setback. Buildings shall be set back at least five feet from the alley and at least 30 feet from any paper street. Buildings shall be set back at least five feet from any property line.
(6)
Height. No building or structure shall exceed 15 feet in height, provided that such height limitation may be exceeded by one foot for each one foot by which the width of each setback is increased beyond the minimum setback requirements, up to a maximum height of 20 feet.
§ 95-167 Public open space and conservation areas.
It shall be permissible in any zoning district to establish a public open space or conservation area. Such open space or conservation areas shall be dedicated or deed-restricted for open space, forest, stream, or wildlife preservation, or for some other general conservation purpose. Such open space or conservation areas may include a recreational facility or park, so long as it is owned or operated by the Borough or other governmental agency.
§ 95-168 Staging of development.
If a development is to be carried out in stages, each stage shall be so planned that all requirements of this chapter shall be fully complied with at the completion of any stage.