Edgewood City Zoning Code
ARTICLE IV
Supplementary Regulations
§ 200-27 Nonconforming uses and structures.
A.
The following provisions shall apply to all nonconforming uses and structures. It is the intention of The Borough that all legal nonconforming uses and structures shall be able to continue; however, all changes in such uses shall only be as in compliance in this article.
B.
Any nonconforming use may be changed to a use of the same or a more restrictive classification (Such as a conversion from industrial use to commercial use. Such conversion of a nonconforming use to another nonconforming use shall be regarded as a conditional use. In considering this conditional use, the Borough Council may add reasonable additional conditions and safeguards.
C.
Any nonconforming structure or use which has been damaged or destroyed by fire, or any other means, may be reconstructed and used as before, if intent to rebuild is expressed within six months of discontinuance of use and if the restored building covers no greater area and contains no greater cubic content. If approved by the Borough Council, a reconstructed structure may exceed its original lot coverage and cubic content but must meet the minimum yard requirements of the district in which the structure is located. The process for reviewing such an expansion shall be consistent with that for land developments under Article IV of the PA Municipalities Planning Code and the Borough of Edgewood subdivision regulations.
D.
In the event that any nonconforming use voluntarily ceases, for whatever reason, for a period of one year, such nonconforming use shall not be resumed and any further use shall be in conformity with the provisions of this chapter. A nonconforming use that is converted to a conforming one may not revert to the previous nonconformity.
E.
With approval of the Zoning Officer, the nonconforming use of a portion of a building may be extended throughout those parts of the building which were manifestly arranged or designed for such use at the time of adoption of this chapter.
F.
A nonconforming use or structure may, with the approval of Borough Council, be extended, enlarged or replaced if such expansion does not occupy an area greater than 50% more than the structure occupied prior to such expansion, enlargement or reconstruction. Furthermore, such structures must meet the minimum yard regulations and height restrictions of the district in which the structure is located. The expansion of a nonconforming use under this section shall be regarded as a conditional use meeting § 401 and standards of this subsection. In considering this conditional use, the Borough Council may add reasonable additional conditions and safeguards. Conditional use standards for change, conversion, or expansion of nonconforming uses:
(1)
If the nonconforming use is a residential nonconformity, no expansion will result in a greater number of dwelling units.
(2)
The nonconformity may not extend to any property beyond the original lot, parcel or tract upon which it is located.
(3)
The Council may limit the hours of operation as a reasonable condition and safeguard.
(4)
The expansion will not increase any unscreened outdoor storage area.
(5)
The Council may require screening to mitigate any effect upon surrounding properties.
Nothing contained herein shall require any change in the overall layout, plans, construction, size or designated use of any development, building, structure or part thereof for which official approval and required permits have been granted prior to the effective date of this chapter. |
G.
Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another of a different classification or the allowed uses of any district change, this article shall also apply to any uses which thereby become nonconforming.
H.
Expansion and construction of nonconforming single family dwellings. In any district in which single family dwellings are permitted, notwithstanding other limitation imposed upon such by other provision of this chapter, a single family dwelling and permitted accessory uses may be erected upon a lot of record. Likewise single family dwellings on lots of record may be extended or expanded to an extent that encroaches on the established side yards for the district, provided:
(1)
The applicant demonstrates to the Zoning Officer that the dwelling and lot predate the zoning classification.
(2)
The applicant presents the Zoning Officer with a sketch of the proposed extension or expansion that shows that all improvements are upon the applicant's property.
(3)
The applicant does not own sufficient land on the lot or a separate abutting lot to expand and remain within the standards for the District as expressed in Article III.
(4)
In such cases, the alternative side or rear yard standard shall be equal to the distance that the principle structure on the abutting lot is from the applicant's property line. However, the alternative standard shall not result in any improvement that places a dwelling closer than four feet from the property line.
I.
Front yard averaging. Where a structure exists on an adjacent lot and/or is within 150 feet of the proposed structure, and the existing structure has a front yard less than the minimum depth required, the minimum front yard shall be the average depth of the front yard of the existing structure on the adjacent lot and the minimum depth required for the district; where structures exist on both adjacent lots, the minimum depth of the front yard shall be the average depth of the front yards of the existing adjacent structures. However, this shall not result in a setback of less than four feet.
§ 200-28 Existing lots of record.
Any lot of record/nonconforming lot existing at the effective date of this chapter, and held in separate ownership different from the ownership of adjoining lots, may be used for the erection of a structure conforming to the use regulations of the district in which it is located even though its lot area and width are less than the minimum required by this chapter. If two or more contiguous lots, combination of lots or portions of lots with continuous frontage are in single ownership, and if all or part of the lots do not meet the requirements established for lot width and/or area, the land involved shall be considered an undivided parcel for the purpose of this chapter, and no portion of said parcel shall be sold in a manner which diminishes compliance with lot width and/or area requirements established by this chapter, nor shall any division of any parcel be made which creates a lot with width or area below the requirements stated in this chapter. Where two or more adjoining lots of record with less than the required area and width are held by one owner, on or before the date of enactment of this chapter, the request for a zoning or construction permit shall be referred to the Planning Commission. The Commission may require re-platting to fewer lots, which would comply with the minimum requirements of this chapter.
§ 200-29 Accessory structures and uses.
All accessory buildings or structures, whether attached to the principal structure or not, and whether open or enclosed, including porches, carports, balconies or platforms above normal grade level, shall not project into any minimum front, side or rear yards except as noted in this section.
A.
Handicap ramps may be constructed within two feet of any lot line.
B.
A private, noncommercial garage, accessory to a single family dwelling, and not exceeding 900 square feet in size, may be erected within five feet of any side or rear lot line. Height shall be no higher than 20 feet if used solely as a garage and no higher than 28 feet if used as an accessory dwelling.
C.
A wall or fence under 49 inches in height and paved terraces without walls, roofs or other enclosures may be erected within the limits of any yard provided they do not impinge on the required free sight triangle at intersections (see SALDO for requirements within site triangles). Fences in residential districts may be erected to a maximum height of six feet in a side or rear yard area only. Fences required for public safety or screening by nonresidential uses are exempt from height restrictions, but may not block a vehicular line of site for any intersection or neighboring driveway.
D.
An at-grade masonry retaining wall may be erected within the limits of any yard, and does not require a zoning permit. Such wall shall not exceed one foot above grade.
E.
Swimming pools shall be permitted in side or rear yard areas, provided that the pool is located not less than six feet from any lot line. All swimming pools shall be enclosed by a permanent fence at least four feet in height, or as required by the Uniform Construction Code. Above-ground pools may use a combination of sides and screen to reach the required height. If hot tubs are provided with a securable cover, the permanent fence is not required.
F.
Small garden sheds, storage sheds and similar structures smaller than 144 square feet may be permitted in yard areas, provided such lies no closer than two feet to an abutting lot line. Height to be no higher than 12 feet.
G.
Lighting. Lighting may be emplaced in setback areas, subject to the following standards:
H.
Structures which are not buildings, such as bird feeders, garden arbors and trellises, and lawn furniture may be erected within the limits of any yard, and do not require a zoning permit, but shall be at least two feet from a property line. Play sets and clotheslines must be only in the rear yard or the side yard but behind the house and shall be at least two feet from the property line.
I.
Horticulture may occur within the limits of any yard and does not require a zoning permit.
J.
Attached accessory structures. When an accessory structure is attached to the principal building, it shall comply in all respects with the requirements of this chapter applicable to the principal building.
K.
Boarders. In any single family unit occupied by a family, a family can have no more than one additional boarder who need not be related by blood or marriage. Said boarder shall occupy a room for sleeping purposes only and such room is not for eating or preparing of food. The boarder exchanges money for the right to occupy a room and uses this house as their legal address.
§ 200-30 Temporary structures and uses.
A.
Temporary trailers. Temporary trailers are only permitted during construction of multifamily residential or nonresidential buildings and may not be used for real estate sales purposes. Temporary construction trailers placed in conjunction with construction work shall be permitted only during the period that the construction work is in progress. Permits for such temporary structures shall be issued for a six-month period and may be renewed while construction is in progress. Temporary structures are subject to all use and setback requirements.
B.
Portable storage units and portable roll-off dumpsters. These units are intended for the temporary storage of household goods during moving or remodeling. Units may not be placed within any public right-of-way without a Borough permit. Units may remain in place for up to 30 days.
C.
Recreational vehicles and equipment.
(1)
Major recreational equipment as defined for purposes of these regulations, includes travel trailers, pickup campers or coaches, motorized dwellings, tent trailers, boats and boat trailers, and the like, and cases or boxes used for transporting recreational equipment whether occupied by such equipment or not may be parked or stored subject to the following requirements:
(a)
Occupancy. No such equipment shall be used for living, sleeping or housekeeping purposes.
(b)
Permanent parking and storage of camping and recreational equipment. Permanent storage of such equipment shall be permitted in any zoning district provided parking of the unit conforms to all applicable yard setback requirements of the zoning district and is behind the building structure.
(c)
Spacing. Major recreational equipment six feet or more in average height above the ground shall be governed as to spacing with respect to buildings on the lot as though it were a building. It must be stored on an approved paved surface and tarped when in storage for more than 14 consecutive days.
(d)
Lot coverage. Major recreational equipment six feet or more in average height shall be included on the same basis as buildings for regulations of lot coverage by all buildings with area covered computed on the basis of the largest horizontal area covered by such equipment.
(e)
Derelicts. No major recreational equipment shall be stored out of doors on residential premises unless it is in condition for safe and effective performance of the function for which it is intended or can be made so at a cost not exceeding the value of the equipment in its existing state. In no case shall any such equipment be so stored for a period of more than six months if not in condition for safe and efficient performance of the function for which it is intended.
D.
Forestry.
(1)
Any harvesting shall be preceded by presenting an approved erosion and sediment control plan prior to the issuance of a zoning permit, as needed. The harvester shall also confer with the owner of any above ground utilities on the property to ensure lines will not be damaged.
(2)
In all districts, to avoid traffic congestion and sound disturbance, all activities must start after 8:00 a.m. and end by 6:00 p.m. during the week. No Saturday or Sunday work shall be permitted.
(3)
No harvesting of timber shall be permitted within any setback area except for necessary removal from storm damage, disease prevention, utility protection, or pursuant to land development.
(4)
No harvesting shall be conducted within 75 feet of any overhead utility pole or transmission line.
(5)
Road bonding for Borough streets shall be arranged prior to harvesting.
§ 200-31 Tent, truck, temporary retail sales, garage and yard sales, and farmers' market.
A.
Tents erected for community or family events, auctions or residential yard and garage sales are exempt from this section provided that temporary structures are removed within five days of erection. However, no such exempt tent or truck shall block any vehicular line of site on a public street.
B.
Retail tent sales. Sales of new retail goods within tents are only permitted in the C-2 Zoning District. Where the proposed tent, truck used for retail sales, or other temporary sales event will remain in place for more than five days, a zoning certificate for a temporary use must be obtained.
(1)
The applicant shall show the location of all temporary signs placed in conjunction with the sale, and pay a deposit in an amount established by the Borough fee resolution to ensure all signs are removed upon conclusion of the sale.
(2)
If the property owner is not the sponsor of the sales event, the applicant shall have written permission of the property owner.
(3)
No part of any operation shall be located within any required yard or setback.
(4)
Mud and dust free parking shall be provided, adequate to the proposed size and use of the tent, truck, or other temporary sales structure.
(5)
The event shall not impede or adversely affect vehicular or pedestrian traffic sight distance, flow or parking maneuver. The driveway shall be clearly delineated and if necessary, show any PennDOT approval and/or adequate site distance.
(6)
Unless clearly accessory to another retail operation, the maximum duration of any tent or other temporary retail sale shall be 14 calendar days. No tent sale shall be held upon the same property for 30 days after said event, unless conditional use approval as a flea market is obtained.
(7)
The applicant shall have sufficient secure trash receptacles on site for all waste generated by the retailer or anticipated customer use.
(8)
Any structure with a height in excess of 50 feet will be first referred to the Borough Fire Department for a review and comments relative to public safety considerations. Such comments shall be considered by the Borough as part of a land development application pursuant to the Subdivision and Land Development Ordinance [Chapter 180].
(9)
All signs, merchandise, equipment used in such sales, and all debris and waste resulting from a temporary sale shall be removed from the premises within three days of the termination date of the permit.
C.
Garage and yard sales. Garage sales are a permitted temporary accessory use to residential dwellings, provided that no such sales shall exceed three days in duration, and no more than 30 days of such sales occur within any calendar year upon the premises.
D.
Mobile food vendors. Licensed commercial vehicles or licensed trailers selling food are exempt from this chapter provided they are making local deliveries, catering special events of less than twenty-four hour duration, or are operating in the P-1, C-1 or C-2 Zone Districts. All mobile food vendors must have written permission of the property owner. Mobile food vendors may not park in on-street parking spaces on arterial roads as defined in the SALDO, § 180-35B, street standards.
E.
Seasonal farmers' markets as a temporary use. Farmers' markets are permitted on any lot within the P-1 or C-2 Zoning Districts or as a temporary accessory to any lot having a place of worship and assembly or public parks provided:
(1)
The market shall no operate more than one day per week during the months of May, June, July, August, September and October.
(2)
Market hours shall not exceed eight hours in duration.
(3)
At least 90% of the vendors shall sell produce from an agricultural operation as defined by the MPC or others persons selling food, live plants, or cut flowers. No more than 10% of vendors may sell hot prepared food for consumption or handcrafts actually produced by the vendor. No used items or prepackaged nonfood items may be sold.
(4)
No outdoor amplified speakers or sound systems are permitted.
§ 200-32 Height limitations.
When the following conditions are met, height limits may be increased:
A.
In the C-1, C-2, and P-1 Districts, structure height, in excess of the height permitted above the average ground level allowed in any district may be increased, provided all minimum front, side and rear yard depths are increased by one foot for each additional foot of height; however, such increase shall be limited to no more than 10 additional feet.
B.
The following structures are exempt from height regulations provided they do not constitute a hazard: church spires, chimneys, flag poles, and similar structures, standpipes, elevated water tanks, derricks and similar structures, provided that no more than 25% of total the roof area of the structure represents such an increase or protuberance.
C.
However, for the above structures, all yard and set-back requirements must be met; in addition any structure with a height in excess of 50 feet will be first referred to the Edgewood Borough Volunteer Fire Department for a review and comments relative to public safety considerations. Such comments shall be considered by the Borough as part of a land development application pursuant to the Subdivision and Land Development Ordinance [Chapter 180].
§ 200-33 Performance standards.
A.
Uniform standards for all uses. No use of land or structure in any district shall involve, or cause, any condition or material that may be dangerous, injurious, or noxious to any other property or person in the Borough. Furthermore, every industrial or commercial use of land or structure in any district must observe the following performance requirements:
(1)
Fire protection. Fire protection and fighting equipment acceptable to the Board of Fire Underwriters shall be readily available when any activity involving the handling or storage of flammable or explosive material is carried on.
(2)
Electric disturbance. No activity shall cause electrical disturbances adversely affecting radio, television, cellular telecommunication, or other communication in the neighboring area.
(3)
Noise. Noise which is determined to be objectionable because of volume or frequency shall be muffled or otherwise controlled, except for fire sirens and related apparatus used solely for public safety purposes. Except for periodic maintenance activities and building construction, no activity shall result in a noise level of greater than 90 dB at the property line from the hours between sunrise and sunset, and 70 dB between the hours of sunset and sunrise.
(4)
Odors. In any district, no malodorous gas or matter shall be permitted which is discernible on any other property.
(5)
Air pollution. No pollution of air by fly-ash, dust, vapors or other substances shall be permitted which is harmful to health, animals, vegetation or other property.
(6)
Glare. Exterior lighting fixtures shall comply with the following standards: applicants must also meet the specifications of the Edgewood Borough Outdoor Lighting Ordinance and any applicable lighting standards from the Borough's Subdivision and Land Development Ordinance [Chapter 180].
(a)
For lighting horizontal tasks such as private drives, sidewalks, entrances and parking areas, full cutoff luminaires shall be used.
(b)
Luminaires shall be equipped with light directing and/or shielding devices such as shields, visors, skirts or hoods to redirect offending light distribution and/or reduce direct or reflective glare.
(c)
Glare control shall be accomplished primarily through the proper selection and application of lighting equipment. Only after those means have been exhausted shall vegetation, fences or similar methods be considered acceptable for reducing glare.
(d)
Neither direct nor reflected light from any exterior lighting fixture shall create a disabling glare that would be a potential traffic hazard for motor vehicles on public roads.
(e)
No exterior lighting fixture shall have any blinking, flashing, or fluttering lights or other illuminating devices which have a changing light intensity, brightness, or color. Deliberately induced sky-reflected glare, caused by the use of searchlights, beacon light or laser source lights for advertising or entertainment purposes is prohibited.
(7)
Erosion. No erosion by wind or water shall be permitted which carry objectionable substances onto other properties.
(8)
Water pollution. No permit shall be issued until all applicable wastewater, stormwater or erosion/sedimentation control permits have been obtained.
(9)
Burning. To further protect property from noxious and malodorous nuisances, and provide for protection of property from fire, outdoor open burning of any paper, brush, refuse, or similar material is prohibited in the all districts. This prohibition does not include outdoor commercial or recreational barbeques.
(10)
Outdoor storage. No building materials such as wood, brick, block, roofing or siding shall be stored outdoors for a period of greater than six months after an occupancy permit has been issued except in strict conformity to all of the following:
(a)
The building material covers a surface area of no greater than 32 square feet in surface area and three feet in height, and is located behind the principal structure and at least 25 feet from a rear or side property line.
(b)
The material is enclosed, screened by an opaque fence and stored in a manner to prevent degradation of materials resulting in odors, mold or rodent harborage.
B.
Screening and screen planting.
(1)
Fences utilized for screening shall be of permanent opaque construction, such as wood or vinyl, and kept in repair and maintenance to ensure their continued function. Unless permitted to be located on the property line, the owner shall ensure a maintenance area of at least three feet in width between any screen fence and a property line in P-1, C-1 and C-2 Districts. The fence screening can be on the property line in R-1A, R-1B, R-2 and T-1 Districts. The area outside the screen fence shall be mowed grass or landscaped vegetation. The finish face of the fence should be positioned to face outward.
(2)
If screen planting is used, it shall be comprised of an evergreen hedge at least six feet high at time of planting, planted in such a way that it will block a line of sight. The screening may consist of either one or multiple rows of bushes or trees and shall be at least four feet wide. It shall be the responsibility of the property owner to maintain a screen planting, replacing trees as needed. The Zoning Officer may require replacement of screening trees.
§ 200-34 Household pets.
[Amended 3-16-2015 by Ord. No. 1050]
Household pets are accessory uses permitted with any dwelling, and are limited to domesticated animals that normally or can generally be kept within the immediate living quarters of a residential structure. Any member of the swine, sheep, bovine, or quadrupeds, members of the crocodilia or alligators, or reptiles having a venomous or constrictor nature, does not constitute a household pet under any provision of the chapter. Kennel structures, tie out chains, and fences for shelter of household pets shall meet all setbacks for accessory buildings and structures.
§ 200-35 Specific conditions on permitted uses.
A.
Group residences. The Borough supports housing choice for persons with disabilities, and group residences that meet the definition under Article II shall be permitted by right in all districts where single family dwellings are permitted. However, it shall be the applicant's responsibility to ensure to the Borough that:
(1)
All applicable standards of the Pennsylvania Department of Public Welfare and other licensing entities are met.
(2)
All standards of the Uniform Construction Code are met prior to occupancy.
(a)
The applicant shall certify that it will provide no group housing on the site for persons who:
[1]
Have been adjudicated a juvenile delinquent.
[2]
Have a criminal record.
[3]
Have a legal status as a sex offender.
[4]
Are persons who currently use illegal drugs.
[5]
Are persons who have been convicted of the manufacture or sale of illegal drugs.
[6]
Are persons with or without disabilities who present a direct threat to the persons or property of others.
(3)
The Borough will make reasonable accommodation for the need of resident caregivers and disabled persons in applying its definition of family, but the applicant shall show that the number of persons and caregivers proposed to reside in the group residence will be generally consistent with the density of dwellings in the proposed zoning district.
C.
Solar and wind energy systems.
(1)
It is the purpose of this regulation to promote the safe, effective and efficient use of installed solar energy systems that reduce on-site consumption of utility-supplied energy while protecting the health, safety and welfare of adjacent and surrounding land uses and lots and parcels. This chapter seeks to:
(a)
Provide property owners and business owners/operators with flexibility in satisfying their on-site energy needs.
(b)
Reduce overall energy demands within the community and to promote energy efficiency.
(c)
Integrate alternative energy systems seamlessly into the community's neighborhoods and landscapes without diminishing quality of life in the neighborhoods.
(2)
Applicability.
(a)
This chapter applies to building-mounted and ground-mounted systems installed and constructed after the effective date of the chapter.
(b)
Solar PV systems constructed prior to the effective date of this chapter are not required to meet the requirements of this chapter.
(c)
Any upgrade, modification or structural change that materially alters the size or placement of an existing solar PV system shall comply with the provisions of this article.
(3)
Permitted zoning districts.
(a)
Building-mounted and ground-mounted systems are permitted in all zoning districts as an accessory use to any lawfully permitted principal use or accessory use on the same lot or parcel upon issuance of the proper permit pursuant to and upon compliance with all requirements of this article and as elsewhere specified in this chapter.
(b)
Building-integrated systems, as defined by this chapter, are not considered an accessory use and are not subject to the requirements of this chapter.
(4)
Locations within a lot.
(a)
Building-mounted systems are permitted to face any rear, side and front yard or an unregulated yard area as defined by this chapter. Building-mounted systems may only be mounted on lawfully permitted principal or accessory structures.
(b)
Ground-mounted systems are permitted based on the requirements for accessory uses or structures in the property's zoning district.
(5)
Design and installation standards.
(a)
The solar PV system must be constructed to comply with the Pennsylvania Uniform Construction Code (UCC), Act 45 of 1999, as amended, and any regulations adopted by the Pennsylvania Department of Labor and industry as they relate to the UCC, except where an applicable industry standard has been approved by the Pennsylvania Department of Labor and Industry under its regulatory authority.
(b)
All wiring must comply with the National Electrical Code, most recent edition, as amended and adopted by the Commonwealth of Pennsylvania.
(c)
The solar PV system must be constructed to comply with the most recent fire code as amended and adopted by the Commonwealth of Pennsylvania.
(6)
Setback requirements. Ground-mounted systems are subject to the accessory use or structure setback requirements in the zoning district in which the system is to be constructed. The required setbacks are measured from the lot line to the nearest part of the system. No part of the ground-mounted system shall extend into the required setbacks due to a tracking system or other adjustment of solar PV related equipment or parts.
(7)
Height restrictions.
(a)
Notwithstanding the height limitations of the zoning district:
[1]
For a building-mounted system installed on a sloped roof that faces the front yard of a lot, the system must be installed at the same angle as the roof on which it is installed with a maximum distance measured perpendicular to the roof of 18 inches between the roof and the highest edge of the system.
[2]
For a building-mounted system installed on a sloped roof, the highest point of the system shall not exceed the highest point of the roof to which it is attached.
(b)
Notwithstanding the height limitations of the zoning district:
(8)
Screening and visibility.
(a)
Building-mounted systems on a sloped roof shall not be required to be screened.
(b)
Building-mounted systems mounted on a flat roof shall not be visible from the public right-of-way within a fifty-foot radius of the property, exclusive of an alley as defined by this chapter, at a level of five feet from the ground in a similar manner as to any other rooftop HVAC or mechanical equipment. This can be accomplished with architectural screening such as a building parapet or by setting the system back from the roof edge in such a manner that the solar PV system is not visible form the public right-of-way within a fifty-foot radius at a level of five feet from the ground.
(9)
Impervious lot coverage restrictions. The surface area of any ground-mounted system, regardless of the mounted angle of any portion of the system, is considered impervious surface and shall be calculated as part of the lot coverage limitations for the zoning district. If the ground-mounted system is mounted above existing impervious surface, it shall not be calculated as part of the lot coverage limitations for the zoning district.
(10)
Nonconformance.
(a)
Building-mounted systems.
[1]
If a building-mounted system is to be installed on any building or structure that is a nonconforming because its height violates the height restrictions of the zoning district in which it is located, the building-mounted system may be granted an administrative approval by the Zoning Officer so long as the building-mounted system does not extend above the peak or highest point of the roof to which it is mounted.
[2]
If a building-mounted system is to be installed on a building or structure on a non-conforming lot that does not meet the minimum setbacks required and/or exceeds the lot coverage limits for the zoning district in which it is located, a building-mounted system may be granted administrative approval by the Zoning Officer so long as there is no expansion of any setback or lot coverage nonconformity.
[3]
Ground-mounted systems. If a ground-mounted system is to be installed on a lot that is a nonconforming because the required minimum setbacks are exceeded, the proposed system may be granted an administrative approval by the Zoning Officer so long as the proposed installation does not increase the setback non-conformance of the lot. If a ground-mounted system is to be installed on a lot that is non-conforming because it violates any other district requirements not mentioned herein, a variance must be obtained for the proposed installation.
(11)
Signage or graphic content. No signage or graphic content may be displayed on the solar PV system except the manufacturer's badge, safety information and equipment specification information. Said information shall be depicted within an area no more than 36 square inches in size.
(12)
Performance requirements. All solar PV systems are subject to compliance with applicable performance standards detailed elsewhere in this article of this chapter.
(13)
Vacation, abandonment and/or decommissioning.
(a)
Discontinuation and/or abandonment is presumed when a solar PV system has been disconnected from the net metering grid for a period of six continuous months without being connected to a battery system or has not produced electricity for a period of six months. The burden of proof in the presumption of discontinuation/abandonment shall be upon the Municipality.
(b)
A solar PV system including its solar PV related equipment must be removed within 12 months of the date of discontinuation and/or abandonment or upon termination of the useful life of the solar PV system.
(c)
For ground-mounted and building-mounted systems, removal includes removal of all structural and electrical parts of the ground or building-mounted system and any associated facilities or equipment and removal of all net metering equipment.
(d)
If an owner fails to remove or repair the vacated, abandoned or decommissioned solar PV system within six months, the Borough reserves the right to enter the property, remove the system and charge the landowner and/or facility owner and operator for all costs and expenses including reasonable attorney's fees or pursue other legal action to have the system removed at the owner's expense.
(e)
Any unpaid costs resulting from the Borough's removal of a vacated, abandoned or decommissioned solar PV system shall constitute a lien upon the lot against which the costs were charged. Each such lien may be continued, recorded and released in the manner provided by the general statues for continuing, recording and releasing the property tax liens.
(14)
Permit requirements. Before any construction or installation on any solar PV system shall commence, the applicant shall obtain a permit to document compliance with this chapter as issued by the Borough.
(15)
Wind Energy Conversion Systems (WECS) include any device such as a wind charger, wind turbine or windmill that is designed to convert wind power into another form of energy such as electricity or heat. They are permitted as an accessory to another use when all the following standards are met. WECS by more than three turbines or structures on any property shall be regarded as an industrial use. WECS shall be permitted in accordance with the following requirements:
(a)
In order to insure safety to adjoining properties, all WECS shall require a special operating permit issued by the Zoning Officer after his review of proposed construction plans and operational data relative to the proposed WECS.
(b)
Construction plans shall be prepared by a registered engineer showing the location of the proposed tower and related equipment for the WECS; the type of materials used to construct the tower or pole on which the WECS will be mounted, all manufacturer's data relative to the complete operational characteristics of the WECS, including, but not limited to, safety and performance standards and/or characteristics, noise characteristics, etc.
(c)
All WECS towers or poles shall be set back a minimum distance of 1.25 times the total height of the tower or pole and all equipment mounted thereon from all adjacent property lines. The total height shall include the height of any structure that a tower or pole is mounted on if it is not mounted directly at ground level.
(d)
All WECS towers or poles shall be enclosed by a six foot fence with a lockable entry, or the climbing apparatus for the tower or pole shall stop 12 feet above the ground level.
(e)
WECS operations shall not cause interference to television or radio reception on neighboring properties. The Borough reserves the right to suspend and/or rescind the special operating permit if such interference becomes evident and is a nuisance to neighboring property owners.
(f)
WECS operations shall not cause unreasonable noise that would be objectionable to and detract from adjacent properties. The Borough reserves the right to suspend and/or rescind the special operating permits if, in its opinion, the noise characteristics and/or levels generated by a particular WECS are unreasonably loud and pose an undesirable nuisance to neighboring properties.
(g)
WECS operations shall not constitute an undue safety hazard to neighboring properties due to repeated failure and/or breakage of the rotor blade(s). If in the opinion of the Borough such a safety hazard and/or nuisance exist, they reserve the right to suspend and/or rescind the special operating permit until the safety hazard(s) have been corrected to the satisfaction of the Borough.