Fairfield City Zoning Code
ARTICLE XII
GENERAL USE REQUIREMENTS
§ 14-1200 Statement of Legislative Intent.
[Ord. No. 08-01-2024, 8/27/2024]
In expansion of the Community Development Objectives contained in Article I of this Ordinance, the following standards shall be applied to the specific listed uses, regardless of how said uses are authorized and where said uses are proposed within Fairfield Borough. These provisions shall be applied by the Zoning Officer for uses permitted as a matter of right, by the Zoning Hearing Board for uses permitted by Special Exception, or by the Borough Council for uses permitted as a Conditional Use. These requirements shall supplement requirements that may be found in the Zoning District applicable to a specific property, as well as generally applicable standards including, but not necessarily limited to, parking, loading, and sign standards.
§ 14-1201 Requirements for Specific Uses.
[Ord. No. 08-01-2024, 8/27/2024]
A.
Academic Clinical Research Center.
1.
An Academic Clinical Research Center may grow medical marijuana only in an indoor, enclosed, and secure building which includes electronic locking systems, electronic surveillance and other features required by the Pennsylvania Department of Health.
2.
External lighting, if proposed, shall comply with § 14-1101.E.
3.
Landscaping shall be provided in accordance with § 14-1101.F.
B.
Adaptive Re-Use of Industrial Structures.
1.
The following uses, or a mixture of the following uses, are permitted.
a.
Business Offices, in accordance with § 14-601.A.1.
b.
Community Center.
c.
Conversion Apartments, in accordance with § 14-1201.J.
d.
Galleries.
e.
Light manufacturing, in accordance with § 14-801.A.4.
f.
Nursing home/retirement community, provided that the applicant demonstrates to the satisfaction of the Fairfield Borough Council that the project will be designed and operated in strict compliance with applicable State and/or Federal requirements applicable to such facilities.
g.
Personal Service Businesses, in accordance with § 14-601.A.14.
h.
Professional Offices, in accordance with § 14-601.A.15.
i.
Studios.
2.
The adaptive re-use of industrial structures may be permitted in accordance with the following provisions.
a.
The landscaping standards of § 14-1101.F shall be met.
b.
Access to and from any residential apartment unit shall be independent of access to and from any nonresidential use located within the structure. Independent access maybe provided externally to the building or from an internal system of hallways and staircases. Under no circumstances should residents be required to gain access to a residential apartment through nonresidential uses.
c.
Ingress and egress to and from all uses, whether residential or nonresidential in nature, shall be approved by an appropriate local fire protection official.
d.
The property owner shall supply all residential and nonresidential units with fire alarms and fire extinguishers, kept in working condition by the property owner at all times. In addition, the property owner shall provide each hallway serving independent units with fire alarms and fire extinguishers, kept in working condition by the property owner at all times.
e.
The property owner shall provide exit signs in all hallways providing access to individual uses, kept in working condition by the property owner at all times.
f.
No outdoor storage of raw or finished material or products shall be permitted.
g.
Provisions for the storage of refuse shall be made either inside the existing building, or within an area enclosed by either walls or opaque fencing designed to be architecturally compatible with the existing building. Such walls or fencing shall be designed to shield the refuse area from direct view of any adjacent property and must be a minimum of six (6) feet in height.
3.
Trash disposal and pick-up areas shall be screened on all side by a six (6) foot tall fence. Shrubs shall be planted around the perimeter of the fence, excluding one side to allow access.
C.
Adult Entertainment Uses.
1.
No more than one (1) adult entertainment use shall be permitted in any one building.
2.
No adult entertainment use shall be located within five hundred (500) feet of any building within which is located another adult entertainment use.
3.
No adult entertainment use shall be located within one thousand (1,000) feet of a VC, LR, or MR District. Where a residential development is present within the CI District, the above location standard shall also be applied.
4.
No adult entertainment use shall be located within one thousand (1,000) feet of any lot upon which is located a school, church, child care facility, public park, or playground.
5.
The landscaping standards of § 14-1101.F shall be met.
6.
The building occupied as an adult entertainment use shall have an opaque covering over all windows and/or glass doors to prevent items and/or services from being visible from outside the building.
7.
No sign shall be erected on the premises depicting or giving a visual representation of the types of items and/or services offered within the establishment.
8.
Hours of operation shall be limited to 6 p.m. to 12 a.m.
9.
Days of operation shall be limited to Monday through Saturday.
D.
Apartment Building(s).
1.
The maximum permitted residential density shall be eight (8) dwelling units to the acre.
2.
The maximum number of dwelling units in an apartment building shall be eight (8) dwelling units.
3.
All parking spaces shall be located in a common parking area. A maximum of two (2) access driveways are permitted to provide access to the common parking area from public streets. Under no circumstances shall parking be permitted at edges of the development adjacent to existing public streets.
4.
The minimum separation between apartment buildings shall be fifty (50) feet.
5.
Architectural style and building materials shall be similar to those found in the surrounding residential area. A rendering shall be supplied with each Zoning Permit application showing all architectural elements and indicating construction materials.
6.
A site plan must be submitted with each Zoning Permit application showing the interrelationships between the proposed structures, open space or recreation areas, sidewalks, streets, parking areas, landscaping, and other features necessary to evaluate the proposed site design.
7.
Trash disposal and pick-up areas shall be screened on all sides by a six (6) foot tall fence. Shrubs shall be planted around the perimeter of the fence, excluding one side to allow access.
E.
Banks, including drive-through service.
1.
The drive-through facility, including the drive-through lane, automated teller machine, and/or service window, shall be located to the side or rear of the building. In no instance may any component of the drive-through facility be located in the front yard.
2.
Vegetative screening shall be located between all components of the drive-through facility and any adjoining residential use or any property in the LR and MR Districts.
3.
The drive-through facility must have a drive-through lane that meets the following standards.
a.
The lane shall include sufficient length to allow for stacking of a minimum of six (6) vehicles waiting for window or automated teller machine service.
b.
The stacking area shall not be used for parking lot circulation aisles or in any way conflict with parking or vehicle and pedestrian circulation. In no case shall a drive-through lane be located in a fashion that requires customers to have to walk through the parking lane from a parking space to access the building.
F.
Bed and Breakfast.
1.
A maximum of ten (10) guest rooms or suites are permitted in a bed and breakfast.
2.
Cooking facilities are prohibited in all guest rooms or suites.
3.
Common restrooms are permitted in the bed and breakfast. If common restrooms are used, a minimum of one (1) common restroom shall be provided for every two (2) guest rooms or suites.
4.
Any required exterior improvements to the building, such as those required to meet applicable fire safety requirements, shall be located to the rear of the building and shall not detract from the residential use and character of the building.
5.
Either the bed and breakfast owner or a designated operator shall maintain a permanent residence within the bed and breakfast.
6.
Permitted Accessory Uses: Within a bed and breakfast, common rooms may be used for the following purposes: gallery for local artists; sales of antiques, collectibles, or similar products; sales of locally produced crafts, artwork, or similar products; or restaurant.
7.
The operator of the bed and breakfast must demonstrate that the bed and breakfast is registered with the Adams County Treasurer's Office in compliance with County Ordinance No. 3 of 2012 for the payment of hotel room rental tax.
8.
The bed and breakfast shall meet applicable requirements of the Pennsylvania Uniform Construction Code, or similar applicable code.
G.
Child Care Facility or Group Child Care.
1.
An outdoor play area, if provided, shall meet the following standards.
a.
Off-street parking lots shall not be used as outdoor play areas.
b.
Outdoor play areas shall not be located within the front yard.
c.
Outdoor play areas shall be enclosed by a minimum four (4) foot-high fence, erected in accordance with § 14-1101.C, and screened from adjoining residentially zoned properties.
2.
Passenger drop-off and pick-up areas shall be provided on site and arranged so that the passengers do not have to cross traffic lanes on or adjacent to the site.
3.
All Child Care Center or Group Child Care facilities shall obtain and maintain proper licensure from the Commonwealth of Pennsylvania.
4.
An interconnected smoke detector system on each floor and basement shall be provided.
5.
A portable fire extinguisher, rated for Class B fires, shall be provided in the kitchen and/or any other cooking area.
6.
The Child Care Center or Group Child Care facility shall comply with immunization requirements as promulgated and outlined in 28 Pa. Code § 27.77 or any similar State regulation or later code revision of the Commonwealth of Pennsylvania.
H.
Cluster Development.
1.
Open Space Requirements: Any applicant proposing a Cluster Development shall pay particular attention to conserving open space resources in the context of their development plan. At a minimum, the following requirements shall be met.
a.
The conserved open space resource shall constitute no less than fifty percent (50%) of the gross parcel area of the lot being developed.
b.
The open space resource shall include environmentally sensitive features such as, but not necessarily limited to, streams, floodplains, wetlands, individual mature trees, and wooded areas worthy of preservation. Such environmentally sensitive features shall be retained in their natural state.
c.
In addition to environmentally sensitive features, land deemed suitable for development shall be included in the required open space resource to allow for potential recreation amenities. The inclusion of such developable land in the required open space resource may be used by the applicant to meet the recreation land dedication requirement established in § 13-408 of the Fairfield Borough Subdivision and Land Development Ordinance.
d.
Open space shall be concentrated on the site and shall be usable for active or passive recreation.
e.
Open space shall be arranged such that a minimum of seventy-five percent (75%) of residential units abut permanently preserved open space.
f.
The open space area shall include an open space buffer of a minimum of fifty (50) feet measured inward from all property lines of the property on which the Cluster Development is proposed.
g.
Applicants shall establish greenways which would logically link with existing or potential greenways or other open space area on adjoining lands. These greenways may include bikeways, pedestrian paths, and other similar linkages. Where natural, vegetative, topographic, or similar features including, but not limited to, features such as stream beds, hedgerows, or similar features are present, such features shall be incorporated into the required open space to form the backbone of a potential greenway network.
h.
Required stormwater management facilities shall not be included in the required open space resource.
2.
Ownership and Maintenance of Required Open Space.
a.
All open space areas within a Cluster Development shall be offered for dedication to and for no consideration to be paid by the Borough. The Borough shall have the option to accept all or any portion of the open space at any time within ten (10) years of the recording of the final subdivision plan.
b.
The final subdivision or land development plan shall contain a note, in language acceptable to the Borough Solicitor, that the open space is irrevocably offered for dedication to the Borough for a period of ten (10) years from the date of the recording of the final plan. Said note shall also state that the Borough shall have no duty to maintain or improve the dedicated open space unless and until it has been accepted by formal action of the Borough Council.
c.
The applicant may request the Borough to accept dedication of the open space upon recording of the final plan, but a refusal by the Borough to do so shall not limit the Borough's rights to accept all or any portion of the open space at any time within ten (10) years after the recording of the final plan.
d.
If the Borough does not accept dedication of the open space upon recording of the final plan, the developer shall make arrangements for the permanent maintenance of the open space through the formation of a homeowners association. Any such homeowners association shall comply with the requirements for such associations contained in the Pennsylvania Uniform Construction Act. The final draft of all documents relating to the creation of such association shall be submitted with the final subdivision or land development plan for the project and shall be approved by the Borough Solicitor within the context of Borough's review of the final plan.
e.
If such association fails to properly maintain the open space, the Borough shall have the same rights granted to municipalities under § 14-705 of the Pennsylvania Municipalities Planning Code, Act 247 of 1968, as amended, 53 P.S. § 10705. The deed which transfers the open space to the homeowners association shall contain specific reference to the Borough's rights under this Section.
f.
If the Borough accepts any or all open space, such action shall be evidenced by a recorded instrument, the terms of which shall be subject to the approval of the Borough Solicitor.
g.
Any deed transferring the open space to the Borough or to a homeowners association shall contain an endorsement which shall indicate that all open space is restricted for use as open space in perpetuity. The deed shall be subject to approval by the Borough Council and the Borough Solicitor.
I.
Continuing Care Retirement Community.
1.
Intent: The purpose of these provisions is to establish specific standards for Continuing Care Retirement Communities (CCRC) as defined and as may be permitted in this Ordinance.
2.
Standards: CCRCs shall be subject to the following standards.
a.
Permitted Uses: The following types of uses shall be authorized to be included within a CCRC.
(1)
Residential Uses: At least two (2) forms of residential arrangements shall be provided within a CCRC. Authorized residential arrangements include independent living, assisted living, and nursing or skilled units, and may be provided in accordance with the following.
(a)
Independent living units may be of the Single-Family Detached, Single-Family Semi-Detached, Townhouse, or Apartment Building dwelling unit types.
(b)
Assisted living units may be of the Apartment Building dwelling unit type.
(c)
Nursing or skilled units shall be located within a licensed facility providing medical care and related services.
(2)
Common Uses: The following common uses shall be permitted to be located within a CCRC.
(a)
Dining facilities, including central kitchens and dining areas for on-site preparation and serving of meals.
(b)
Recreation facilities, including but not limited to activity rooms, auditoriums, lounges, and libraries.
(c)
Health care facilities, including, but not limited to, physical therapy facilities and services, exercise room with equipment, and swimming pools.
(d)
Specialty Retail uses intended to serve the residents and employees of the CCRC, provided that such Specialty Retail uses do not exceed ten percent (10%) of the total floor area within the CCRC.
(e)
Personal Service uses intended to serve the residents of the CCRC, provided that such Personal Service uses do not exceed five percent (5%) of the total floor area within the CCRC.
(f)
Professional Office uses intended to serve the residents of the CCRC, provided that such Professional Office uses do not exceed ten percent (10%) of the total floor area within the CCRC. Floor area devoted to medical or care services offered directly within a nursing or skilled care facility shall not be included in calculating this percentage.
(g)
Chapels.
b.
Bulk and Area Regulations: The following regulations shall be observed for CCRC developments.
(1)
Maximum Development Density: The maximum residential density of a CCRC development shall be defined by the density authorized in the Zoning District where the CCRC development is proposed. The following weighting factors shall be employed when calculating project density.
(2)
Minimum Lot Size: The minimum lot size upon which a CCRC development may be proposed shall be ten (10) acres.
(3)
Maximum Impervious Coverage: Maximum impervious coverage for a CCRC development shall be sixty-five percent (65%).
(4)
Maximum Building Height: Maximum building height shall be defined by the Zoning District where the CCRC development is proposed.
(5)
Building Placement: A CCRC development shall be designed as a campus-like setting. Dimensional requirements are not established for individual residential or nonresidential use types, provided that the overall project density requirements established for CCRC developments are achieved and that the following dimensional requirements for the CCRC development are applied to the CCRC parcel as a whole.
(a)
Minimum Front Setback: Twenty-five (25) feet.
(b)
Minimum Side Setback: Ten (10) feet.
(c)
Minimum Rear Setback: Twenty-five (25) feet.
(d)
Minimum Lot Width: Two Hundred (200) feet.
(e)
Minimum Building Separation: The following minimum building separation distances shall be applied to all buildings within the CCRC development.
3.
Design Requirements: A CCRC development shall be subject to the following design standards.
a.
Dwelling Unit Standards: The following standards shall be applied to all dwelling units within a CCRC development.
(1)
Single Floor Dwellings: A minimum of fifty percent (50%) of the dwelling units within a CCRC development shall provide a single-story living arrangement. For the purpose of this Section, an apartment unit on a second or third floor shall not be considered to have a single-story living arrangement unless elevator service is provided. Nursing or skilled units shall not be included in this calculation.
(2)
Accessible Dwellings: A minimum of twenty-five (25%) of the dwelling units within a CCRC development shall be designed to be accessible to disabled or handicapped residents.
(3)
Townhouse Dwellings: All townhouse dwellings shall meet the design requirements established in § 14-1201.CC.
(4)
Apartment Dwellings: All apartment dwellings shall meet the design requirements established in § 14-1201.D.
b.
Nonresidential Use Standards: The following standards shall be applied to all nonresidential uses within a CCRC development.
(1)
All nonresidential uses within a CCRC development shall be located in a central location within the community. The location of the nonresidential uses shall be connected to the pedestrian system within the development and shall be easily accessible for all residents.
(2)
Nonresidential uses may be integrated into buildings devoted to assisted living units and/or nursing or skilled units.
(3)
Where nonresidential uses are located in a building or buildings separate from residential buildings, the building(s) with the nonresidential uses shall have an architectural design that is consistent with and reflective of the architectural character of the residential buildings within the CCRC. Architectural renderings shall be submitted to document the required consistency.
c.
Pedestrian Facilities: A pedestrian network shall be provided within the CCRC development to connect all dwelling units with all activity centers, designated open space, and any common facilities. The pedestrian network shall be comprised of sidewalks and/or asphalt walkways constructed to a minimum width of five (5) feet. The pedestrian network shall include benches and shelters at minimum intervals of five hundred (500) feet. The pedestrian network within a CCRC development shall be connected to the existing pedestrian network and facilities surrounding the development site to allow for convenient pedestrian access to services and amenities in close proximity to the development site.
d.
A landscaping plan shall be developed for the entire CCRC development site. Three (3) planting units shall be provided for every dwelling unit within a CCRC development. Selected plants shall be native to Pennsylvania. The landscaping plan shall be prepared by a landscape architect licensed to practice in Pennsylvania. Precise placement of plant elements is not required. However, the landscaping plan shall relate to the need to soften views of parking areas, garbage dumpster sites, and mechanical and utility equipment sites, and shall facilitate attractive outdoor recreation spaces.
J.
Convenience Stores.
1.
Convenience Stores may include fuel pumps and charging stations in accordance with the following standards.
a.
Fuel pumps and charging stations shall be at least twenty-five (25) feet from any existing and required future road right-of-way or fifty (50) feet from the road center line, whichever is greater.
b.
Any canopies over a vehicle fueling or charging area shall share common architectural characteristics with the principal building, and shall be constructed with materials used for the principal building. The applicant shall submit architectural drawings to confirm the common architectural design and common materials.
c.
No canopy structure shall be illuminated. Canopy lighting shall comply with the requirements of § 14-1101.E.5.c.
2.
A site circulation plan shall be devised that separates those vehicles awaiting fueling service from those using other services. In no case shall a site circulation plan and parking arrangement that requires persons to walk through a vehicle fueling or charging area from a parking space to access the store be permitted.
3.
The outdoor display of products for sale at the Convenience Store shall not be permitted except for under following conditions.
a.
Propane tank display, ice machines, and DVD kiosks shall be permitted year-round.
b.
The temporary display and sale of flowers shall be permitted no more than one week before Easter or Mother's Day. The temporary display and sale of fireworks shall be permitted no more than one week before the Fourth of July. All remnants of these temporary displays and sales, including but not limited to product, tents, trash receptacles and temporary signage shall be removed no later than three days following Easter, Mother's Day or the Fourth of July, respectively.
c.
The required number of parking spaces for the convenience store use shall be maintained at all times. Under no circumstances shall outdoor display or products reduce the available number of parking spaces below the minimum amount required by this Ordinance.
4.
Any drive-through service proposed for a Convenience Store shall comply with the drive-through standards of § 14-1201.Z.
5.
A site plan shall be provided showing building dimensions and placement, internal circulation, landscaping, location and size of signage, and all other pertinent design information needed for complete review of the project.
K.
Conversion Apartments.
1.
Conversion Apartments shall be located within the building footprint of the building within which such Conversion Apartments are proposed. No building addition resulting in an increase in building footprint, where the building addition would be intended to accommodate a Conversion Apartment unit or a portion of a Conversion Apartment unit, shall be permitted in conjunction with a Conversion Apartment project. Building additions that do not result in an increase in building footprint may be permitted and may accommodate a Conversion Apartment unit or a portion of a Conversion Apartment unit.
2.
No internal structural alterations of the original building shall be authorized where such alterations are proposed to increase the total gross floor area available for Conversion Apartment units. Internal structural alterations necessary to ensure emergency access or provide handicapped accessibility shall be authorized. This section shall not be interpreted as precluding Conversion Apartment units or portions of Conversion Apartment units from being permitted in building additions authorized in § 14-1201.K.1 above.
3.
Entrances to individual Conversion Apartment units within a Conversion Apartment building may be located in any location, provided the following standards are met.
a.
No residential entrance shall be located in a manner that requires a resident of an individual Conversion Apartment unit to have to walk through another Conversion Apartment unit to access the entrance to their unit. This provision does not preclude internal foyer access to multiple Conversion Apartment units within the Conversion Apartment building.
b.
Any residential entrance not located along the front of the Conversion Apartment building shall be connected to the public sidewalk at the front of the building by an access sidewalk. Where no public sidewalk exists, an access sidewalk shall still be provided to the right-of-way of the public street at the front of the property.
4.
Where a common entrance for multiple Conversion Apartment units within a Conversion Apartment building is proposed, such common entrance shall be located in the front of the Conversion Apartment building.
5.
A maximum of three (3) Conversion Apartment units may be created by the conversion of a single-family detached dwelling.
6.
There shall be no maximum limit to the number of Conversion Apartment units that may be proposed by the conversion of a building other than single-family detached dwellings, provided that the Conversion Apartment building complies with all other dimensional, parking, Uniform Construction Code, and other standards that may be applicable to the Conversion Apartment use.
L.
Family Child Care.
1.
An outdoor play area, if provided, shall meet the following standards.
a.
Off-street parking lots shall not be used as outdoor play areas.
b.
Outdoor play areas shall not be located within the front yard.
c.
Outdoor play areas shall be enclosed by a minimum four (4) foot-high fence, erected in accordance with § 14-1101.C, and screened from adjoining residentially zoned properties.
2.
Passenger drop-off and pick-up areas shall be provided on site and arranged so that the passengers do not have to cross traffic lanes on or adjacent to the site.
3.
Family Child Care facilities shall obtain and maintain proper licensure from the Commonwealth of Pennsylvania.
4.
An interconnected smoke detector system on each floor and basement shall be provided.
5.
A portable fire extinguisher, rated for Class B fires, shall be provided in the kitchen and/or any other cooking area.
6.
The Family Child Care facility shall comply with immunization requirements as promulgated and outlined in 28 Pa. Code § 27.77 or any similar State regulation or later code revision of the Commonwealth of Pennsylvania.
M.
Group Homes/Halfway Houses.
1.
The applicant shall demonstrate that all applicable State and Federal regulations are met.
2.
The Group Home or Halfway House operation shall be located in a structure existing as of the date of enactment of this Ordinance. Approval shall not be granted for a project which proposes the demolition of an existing structure in favor of replacement with a new building.
3.
Any medical or counseling services provided shall be provided only for residents of the facility.
4.
The lot on which a Group Home or Halfway House is to be located shall be at least two hundred (200) feet from any other lot on which another Group Home or Halfway House is located. The distance shall be measured in a straight line from the nearest point on one lot to the nearest point on the other lot.
5.
No more than one group home or halfway house shall be permitted to be located within one thousand (1,000) feet of a church, school, recreation area, or community building.
6.
No more than two (2) Group Homes or Halfway Houses shall be permitted within the same block.
7.
Local fire protection officials shall have the opportunity to review and comment on the Group Home or Halfway House proposal prior to the issuance of a Zoning Permit.
N.
Heavy Manufacturing.
1.
Proposed Heavy Manufacturing uses shall provide to the Borough copies of all applicable State and Federal emission, disposal, operation, transportation and other permits required by State and/or Federal law before a Zoning Permit will be issued.
2.
The outdoor storage of raw or finished materials or products shall be permitted provided that all materials and/or products are fully screened from view from all residential parcels and Zoning Districts. The screening shall comply with the following standards.
a.
Where a fence is used as part of this screening, vegetative landscaping shall be provided along the outside edge of the fence. The vegetative landscaping shall screen the view of the fence at a minimum level of fifty percent (50%) opacity.
b.
The vegetative landscaping shall be in addition to any other site landscaping required by this Ordinance.
3.
Materials shall not be piled or stacked higher than the screening, including the vegetative landscaping and/or fence.
4.
Where the site abuts a residential zone or district permitting residential use, the building wall facing such lots shall not have any service door openings or loading docks oriented toward the residential use or district.
O.
Home Occupations.
1.
A Home Occupation may include art studios, barber shops and beauty salons containing a maximum of two (2) chairs; instructional services limited to two (2) pupils at a time; professional office for a physician, lawyer, accountant, real estate agent, architect, surveyor, planner, or similar professional; sale of specialty "homemade food" products; sale of crafts, antiques, or similar products; and other uses deemed to be similar to those uses listed above.
2.
The Home Occupation shall be performed completely within the dwelling unit.
3.
No more than two (2) persons, exclusive of residents of the dwelling unit, shall be employed in the Home Occupation.
4.
No more than thirty percent (30%) of the floor area of the dwelling unit shall be devoted to the Home Occupation.
5.
Exterior signs shall be limited to those signs permitted in the sign regulations of this Ordinance.
6.
Exterior storage of materials related to the home occupation shall be prohibited.
7.
The residential character of the dwelling unit shall not be altered to indicate the presence of a Home Occupation.
8.
The Home Occupation shall not produce offensive noise, vibration, particulate matter, heat, glare, or other similar condition which would detract from the residential nature of the surrounding neighborhood.
9.
Home Occupations may only be proposed within single-family detached dwellings.
P.
Homestay.
1.
A maximum one (1) guest room or suite is permitted within a Homestay.
2.
Any proposed Homestay shall be compatible with the neighborhood in which it is located in terms of landscaping, scale, and architectural character. The use shall be harmonious and compatible with the existing uses within the neighborhood.
3.
The operator of the Homestay shall be the owner of the dwelling and permanently reside on the premises.
4.
Cooking facilities are prohibited within the guest room or suite occupied by the guests. Any access to cooking facilities for the guests shall only be to the common cooking facilities for the dwelling as a whole.
5.
The Homestay shall meet applicable requirements of the Pennsylvania Uniform Construction Code, or similar applicable code.
6.
The operator of the Homestay must demonstrate that the homestay is registered with the Adams County Treasurer's Office in compliance with County Ordinance No. 3 of 2012 for the payment of hotel room rental tax.
Q.
Medical Marijuana Dispensary.
1.
The Medical Marijuana Dispensary must be legally registered in the Commonwealth and possess a current valid medical marijuana permit from the Pennsylvania Department of Health.
2.
The Medical Marijuana Dispensary may only dispense medical marijuana in an indoor, enclosed, permanent, and secure building.
3.
The Medical Marijuana Dispensary may not operate on the same site as a Medical Marijuana Grower/Processor facility.
4.
The Medical Marijuana Dispensary shall have a single secure public entrance and shall implement security measures to prevent the theft of marijuana and to prevent the unauthorized entrance into areas containing medical marijuana.
6.
The Medical Marijuana Dispensary shall prohibit the administration of, or the consumption of, medical marijuana on the premises.
7.
The Medical Marijuana Dispensary may not be located within one thousand (1,000) feet of the property line of an educational institution or a day-care center. This distance shall be measured in a straight line from the closest exterior wall of the building or portion thereof in which the business is conducted or proposed to be conducted, to the closest property line of the protected use, regardless of municipality in which it is located.
8.
The Medical Marijuana Dispensary shall be separated by a minimum distance of one thousand (1,000) feet from any other Medical Marijuana Dispensary. This distance shall be measured in a straight line from the closest exterior walls of the buildings or portions thereof in which the Medical Marijuana Dispensaries are conducted or proposed to be conducted, regardless of municipality in which it is located.
9.
External lighting, if proposed, shall comply with § 14-1101.E.
10.
Landscaping shall be provided in accordance with § 14-1101.F.
11.
Parking shall be provided in accordance with § 14-1300.B and designed in accordance with § 14-1300.D.
R.
Medical Marijuana Grower/Processor.
1.
The Medical Marijuana Grower/Processor must be legally registered in the Commonwealth and possess a current valid medical marijuana permit from the Pennsylvania Department of Health.
2.
The Medical Marijuana Grower/Processor may only grow medical marijuana in an indoor, enclosed, and secure building which includes electronic locking systems, electronic surveillance and other features required by the Pennsylvania Department of Health.
3.
Marijuana remnants and byproducts shall be secured and properly disposed of in accordance with the Pennsylvania Department of Health policy and shall not be placed within any unsecure exterior refuse containers.
4.
The Medical Marijuana Grower/Processor shall provide only wholesale products to other medical marijuana facilities. Retail sales and dispensing of medical marijuana and related products is prohibited at medical marijuana grower/processor facilities.
5.
The Medical Marijuana Grower/Processor may not be located within one thousand (1,000) feet of the property line of an educational institution or a day-care center. This distance shall be measured in a straight line from the closest exterior wall of the building or portion thereof in which the business is conducted or proposed to be conducted, to the closest property line of the protected use, regardless of municipality in which it is located.
6.
External lighting, if proposed, shall comply with § 14-1101.E.
7.
Landscaping shall be provided in accordance with § 14-1101.F.
8.
Parking shall be provided in accordance with § 14-1300.B and designed in accordance with § 14-1301.D.
S.
Medical Marijuana Transport Vehicle Service.
1.
Any medical marijuana storage, including temporary storage, at a Medical Marijuana Transport Vehicle Service facility shall be secured to the same level as that for a Medical Marijuana Grower/Processor facility.
2.
Transport vehicles associated with a Medical Marijuana Transport Vehicle Service shall be equipped with a locking cargo area.
3.
Transport vehicles associated with a Medical Marijuana Transport Vehicle Service shall have no markings that would identify the vehicle as being used to transport medical marijuana.
4.
External lighting, if proposed, shall comply with § 14-1101.E.
5.
Landscaping shall be provided in accordance with § 14-1101.F.
6.
Parking shall be provided in accordance with § 14-1300.D and designed in accordance with § 14-1300.D.
T.
Mini- and Self-Storage Facilities.
1.
Access aisles between buildings containing individual storage units shall be no less than twenty (20) feet.
2.
The area in the access aisle immediately in front of individual storage units may be used to satisfy the parking requirements of § 14-1300.B of this Ordinance.
3.
No business activities including, but not limited to, equipment servicing or repair, shall be conducted on the site.
4.
The storage of flammable liquids, highly combustible or explosive materials, or hazardous chemicals is prohibited.
5.
No outdoor storage of recreational vehicles, boats, or similar vehicles shall be permitted.
7.
Security fencing, with a minimum height of six (6) feet, shall be provided around the perimeter of the storage facility use.
8.
Landscaping shall be provided along the security fencing required by § 14-1201.T.7 of this Ordinance. A minimum of one (1) tree for every twenty (20) feet of security fencing shall be planted. At time of planting, all trees shall have a minimum height of six (6) feet, and a minimum trunk caliper, measured at three (3) feet above ground level, of two and one half (2.5) inches.
U.
Mixed-Use Building.
1.
Uses: Permitted uses shall be any combination of uses permitted by the Zoning District where the Mixed-Use Building is proposed.
2.
Use Access: Access to and from residential units shall be independent of and separate from access to and from any commercial, business office, professional office or other nonresidential use located within the mixed-use building. Independent and separate access may be provided from separate external doors to the building or from internal hallways with separate doors to each use. Under no circumstances should residents be required to gain access to a residential unit through commercial, business office, professional office, or other nonresidential spaces.
3.
Location of Access: Access to and from any commercial, Business Office, Professional Office, or other nonresidential use within the mixed-use building shall be located within the front facade of the building. Where the mixed-use building is located on a corner lot, such access may be provided in either of the front facades. Access to and from any residential use within a mixed-use building may be located within any facade of the building.
4.
Building Code Compliance: The mixed-use building shall comply with all applicable requirements of the Pennsylvania Uniform Construction Code (UCC). In particular, information regarding compliance with applicable fire protection and building access requirements shall be presented during the public hearing. Where full compliance is unable to be demonstrated during the public hearing, the Zoning Hearing Board may approve the application with the condition that UCC compliance is achieved by the applicant.
V.
Mobilehome Parks.
1.
All mobilehome park proposals shall meet the applicable standards contained in the Fairfield Borough Subdivision and Land Development Ordinance.
2.
In addition, the following standards shall be met.
a.
Mobilehomes shall be located at least fifty (50) feet from all property lines of the mobilehome park.
b.
A landscaped area shall be provided along all property lines of the mobilehome park, and shall meet the following requirements.
(1)
The landscaped area shall be planted in such a manner to provide a visual screen of forty percent (40%) opacity at maturity. The opacity percentage is defined as the percentage of the normal line of sight that is obscured by the visual screen.
(2)
The landscaped area shall be a minimum of ten (10) feet wide, measured inward from the property line.
(3)
Landscaping materials shall include a mixture of the following: trees, grass, shrubs, mulch, or other suitable landscaping material, not including sand or pavement or other similar material.
(4)
For the length of the landscaped area, a tree shall be planted at no less than twenty (20) foot intervals.
(5)
When planted, the trees shall have a minimum height of eight (8) feet and a minimum caliper of two (2) inches. When mature, all trees shall reach a minimum height of fifteen (15) feet and a minimum caliper of five (5) inches.
(6)
Any garbage or other waste and/or refuse which accumulates within the landscaped area shall be promptly removed and disposed of by the applicant.
(7)
All landscaped design shall be performed by a qualified landscape architect, horticulturist, or similar landscaping specialist.
(8)
Any plant, installed in accordance with the requirements of this Section, shall be replaced if such plant should die or become diseased.
3.
Trash disposal and pick-up areas shall be screened on all sides by a six (6) foot tall fence. Shrubs shall be planted around the perimeter of the fence, excluding one (1) side to allow access.
W.
No-Impact Home-Based Businesses.
1.
The business activity shall be compatible with the residential use of the property and surrounding residential uses.
2.
The business shall employ no employees other than family members residing in the dwelling.
3.
There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.
4.
There shall be no outside appearance of a business use including, but not limited to, parking, signs, or lights.
5.
The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors, or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.
6.
The business activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.
7.
The business activity shall be conducted only within the dwelling and may not occupy more than twenty-five (25%) of the habitable floor area.
8.
The business may not involve any illegal activity.
X.
Restaurants, excluding drive through service.
1.
Hours of operation shall be limited to 5:00 AM to 12:00 AM.
2.
Kitchen exhaust shall be vented through a vertical exhaust system. For restaurants located in a two (2) or three (3) story building, all kitchen exhaust shall be vented to an exhaust outlet located no lower than the second floor of the building. For restaurants located in a single story building, all kitchen exhaust shall be vented to an exhaust outlet located on the roof of the building.
3.
Any trash containers used for the disposal of restaurant waste products shall be shielded from public view by a decorative solid fence with a minimum height of six (6) feet, or by evergreen trees.
Y.
Restaurants, including drive-through service.
1.
Restaurants including drive-through service shall meet the requirements of § 14-1201.X.
2.
Vegetative screening shall be located between all components of the drive-through facility, including, but not limited to, the order kiosk, payment window, and product delivery window, and any adjoining residential use or any property in the LR and MR Districts.
3.
The drive-through facility must have a drive-through lane that meets the following standards.
a.
The lane shall include sufficient length to allow for stacking of a minimum of eight (8) vehicles waiting for window service.
b.
The stacking area shall not be used for parking lot circulation aisles or in any way conflict with parking or vehicle and pedestrian circulation. In no case shall a drive-through lane be located in a fashion that requires customers to have to walk through the parking lane from a parking space to access the building.
3. | A site plan shall be provided showing building dimensions and placement, internal circulation, landscaping, location and size of signage, and all other pertinent design information needed for the complete review of the project. |
Z.
Retail, General or Specialty, including drive-through service.
1. | Vegetative screening shall be located between all components of the drive-through facility, including but not limited to any payment window or product delivery window, and any adjoining residential use or any property in the LR and MR Districts. | |
3 | The drive-through facility must have a drive-through lane that meets the following standards. | |
a. | The lane shall include sufficient length to allow for stacking of a minimum of four (4) vehicles waiting for window service. | |
b. | The stacking area shall not be used for parking lot circulation aisles or in any way conflict with parking or vehicle and pedestrian circulation. In no case shall a drive-through lane be located in a fashion that requires customers to have to walk through the parking lane from a parking space to access the building. | |
3. | A site plan shall be provided showing building dimensions and placement, internal circulation, landscaping, location and size of signage, and all other pertinent design information needed for the complete review of the project. | |
AA.
Service Station.
1.
All service and/or repair activities shall be conducted within an enclosed building.
2.
Vegetative screening shall be located between any exterior vehicle storage and any adjoining residential use or any property in the LR and MR Districts.
3.
Service Stations may include fuel pumps and charging stations in accordance with the following standards.
a.
Fuel pumps and charging stations shall be at least twenty-five (25) feet from any existing and required future road right-of-way or fifty (50) feet from the road center line, whichever is greater.
b.
Any canopies over a vehicle fueling or charging area shall share common architectural characteristics with the principal building, and shall be constructed with materials used for the principal building. The applicant shall submit architectural drawings to confirm the common architectural design and common materials.
c.
No canopy structure shall be illuminated. Canopy lighting shall comply with the requirements of § 14-1101.E.5.c.
4.
No outdoor stockpiling of tire or outdoor storage of materials is permitted.
5.
Stored and/or repaired vehicles shall remain no longer than sixty (60) days from the date of arrival.
6.
The demolition or storage of junked vehicles is prohibited.
BB.
Shopping Centers.
1.
The center shall contain a minimum of four (4) separate uses.
2.
Parking lots shall be designed with an easily discernible circulation pattern.
3.
The developer is encouraged to design the shopping center at a pedestrian scale, such that the arrangement of buildings creates a cluster of commercial uses surrounding a center court. Parking areas shall be located to the sides or rear of the property. Under no circumstances will the typical "strip" development, with buildings arranged parallel to the road and parking located in front of the buildings, be permitted.
4.
An architectural rendering showing the appearance of store facades, including all signage, building materials, and colors, and a site plan showing, at a minimum, building placement and dimensions, parking and circulation patterns, and landscaping, shall both be submitted for review.
5.
Only one (1) ingress and egress point is permitted. The access shall be located on a road classified as an arterial road. The applicant shall work with the Borough, the County, and the State, as applicable, to determine the most suitable placement of the ingress and egress point. The applicant shall be responsible for any traffic control devices required as a result of the development.
CC.
Small Wireless Facility—Co-Location—Inside Public Right-of-Way.
1.
Location: An applicant may co-locate one (1) or more small wireless facilities on existing poles, including, but not limited to, telephone utility poles, electric utility poles, and light poles.
2.
Siting Requirements: Co-location of small wireless facilities shall meet the following siting criteria.
a.
The co-location of the small wireless facility and related equipment shall be installed and maintained so as not to obstruct nor hinder travel or public safety within the right-of-way or obstruct the legal use of the right-of-way by the Borough and utilities.
b.
The installation of a small wireless facility on an existing utility pole shall not extend more than five (5) feet above the existing utility pole.
c.
An applicant shall self-certify that the small wireless facility at the subject location is needed by the wireless provider to provide additional capacity or coverage for wireless services. The self-certification shall not be required to include information regarding an applicant's business decisions with respect to its service, customer demand for service, or quality of service.
3.
Fees: Subject to the fee adjustment requirements of the Small Wireless Facilities Deployment Act, Pennsylvania Act 50 of 2021,[2] the Borough may charge an annual fee for the use of Borough right-of-way. An annual right-of-way fee shall not exceed two hundred seventy dollars ($270) per small wireless facility unless the Borough demonstrate all of the following.
a.
The annual right-of-way fee is a reasonable approximation of the Borough's costs to manage the right-of-way.
b.
The Borough costs under § 14-1201.CC.3.a are reasonable.
c.
The annual right-of-way fee is nondiscriminatory.
[2]
Editor's Note: See 53 P.S. § 11704.1 et seq.
4.
Zoning Permit Submission, Review, and Approval: The timing requirements of Article XVI of this Ordinance notwithstanding, the Zoning Permit submission, review, and approval period shall be those expressed in the Small Wireless Facilities Deployment Act, Pennsylvania Act 50 of 2021, and specifically as follows.
a.
Completed Application: Within ten (10) business days of receiving a Zoning Permit application, the Borough must determine and notify the applicant in writing if the application is incomplete. If an application is incomplete, the notice must specifically identify the missing information. The processing deadline shall restart at zero on the date the applicant provides the missing information. The processing deadline may be tolled by agreement of the applicant and the Borough.
b.
Deadlines: A Zoning Permit application shall be processed on a nondiscriminatory basis and shall be deemed approved if the Borough fails to approve or deny the Zoning Permit application within sixty (60) days of receipt of a complete application. A Zoning Permit associated with a Zoning Permit application that has been deemed approved shall be deemed approved if the Borough fails to approve or deny the Zoning Permit within seven (7) days of the Zoning Permit application deemed approved unless there is a public safety reason for the delay.
c.
Denial: Denial of a Zoning Permit application shall comply with the following.
(1)
Cause for Denial: The Borough may deny a Zoning Permit application only if any of the following apply.
(a)
The small wireless facility materially interferes with the safe operation of traffic control equipment, sight lines, or clear zones for transportation or pedestrians or compliance with the Americans with Disabilities Act of 1990 (P.L. 101-336, 104 Stat. 327)[3] or similar Federal or State standards regarding pedestrians and movement.
[3]
Editor's Note: See 42 U.S.C. § 12101 et seq.
(b)
The small wireless facility fails to comply with applicable codes.
(c)
The small wireless facility fails to comply with the requirements of the Small Wireless Facilities Deployment Act, Pennsylvania Act 50 of 2021.
(2)
Documentation of Denial: Within the time frame established in § 14-1201.Z.4.b, the Borough shall document the basis for denial, including the specific provisions of applicable codes on which the denial was based. Such documentation shall be sent to the applicant within five (5) business days of the denial.
(3)
Cure Deficiencies of Denial: The applicant may cure the deficiencies identified by the Borough and resubmit the Zoning Permit application within thirty (30) days of receiving the written basis for the denial without being required to pay an additional application fee. The Borough shall then approve or deny the revised Zoning Permit application within thirty (30) days of the application being resubmitted for review or the resubmitted application shall be deemed approved thirty (30) days after resubmission. Any subsequent review shall be limited to the deficiencies cited in the denial. If the resubmitted application addresses or changes other section of the application that were not previously denied, the Borough shall be given an additional fifteen (15) days to review the resubmitted application and may charge an additional fee for the review.
5.
Consolidated Application: An applicant seeking co-location shall be allowed, at the applicant's discretion, to file a consolidated application of multiple small wireless facilities as follows.
a.
The consolidated application shall not exceed twenty (20) small wireless facilities.
b.
The denial of one (1) or more small wireless facilities in a consolidated application shall not delay processing of any other small wireless facilities in the same consolidated application.
c.
A single applicant may not submit more than one (1) consolidated or twenty (20) single applications in a thirty (30) day period. If the Borough receives more than one (1) consolidated application or twenty (20) single applications within a forty-five (45) day period, the submission, review, and approval deadline of § 14-1201.CC.4.b shall be extended fifteen (15) days to allow the Borough to complete its review.
d.
Tolling: A Zoning Permit application tolled under § 14-1201.CC.5.c shall count toward the total number of applications included in a consolidated application unless the application is withdrawn by the applicant. As the processing of applications is completed, the Borough shall begin processing previously tolled applications in the order in which the tolled applications were submitted, unless the applicant specifies a different order.
6.
Permit Term: Approval of the Zoning Permit authorizes the applicant to operate and maintain small wireless facilities and any associated equipment for a period of not less than five (5) years, which shall be renewed for two (2) additional five (5) year periods if the applicant is in compliance with the criteria set forth in this Ordinance and the Small Wireless Facilities Deployment Act, Pennsylvania Act 50 of 2021.
7.
Removal: Within ninety (90) days of the end of the Zoning Permit term, or an extension of the Zoning Permit term, the applicant shall remove the small wireless facility and any associated equipment.
a.
Within sixty (60) days of suspension or revocation of a Zoning Permit due to noncompliance with this Ordinance and/or the Small Wireless Facilities Deployment Act, Pennsylvania Act 50 of 2021, the applicant shall remove the small wireless facility, and any associated equipment.
b.
Within ninety (90) days of the end of the Zoning Permit term, or an extension of the Zoning Permit term, the applicant shall remove the small wireless facility and any associated equipment.
DD.
Small Wireless Facility—Tower-Based—Inside Public Right-of-Way.
1.
Location: An applicant may locate one (1) or more utility poles, or replace one (1) or more existing utility poles, upon which small wireless facilities will be mounted.
2.
Siting Requirements: New or replacement of existing utility poles for mounting of small wireless facilities shall meet the following siting criteria.
a.
The new or replacement utility pole, along with the small wireless facilities to be mounted of such poles, and related equipment, shall be installed and maintained so as not to obstruct nor hinder travel or public safety within the right-of-way or obstruct the legal use of the right-of-way by the Borough and utilities.
b.
The maximum permitted height of a new or replacement utility pole shall be fifty (50) feet above ground level, which shall include the utility pole and the small wireless facility.
c.
The applicant shall demonstrate that it cannot meet the service reliability and functional objectives for the site by co-locating on an existing utility pole instead of installing a new utility pole or replacing a utility pole. The applicant shall self-certify that the applicant has made this determination in good faith, and shall provide a documented summary of the basis for the determination. The applicant's determination shall be based on whether the applicant can meet the service objectives at the subject location by co-locating on an existing utility pole that meets the following.
(1)
The applicant has the right to co-location.
(2)
The co-location is technically feasible and would not impose substantial additional cost.
(3)
The co-location would not obstruct or hinder travel or have a negative impact on public safety.
(4)
The self-certification shall not be required to include information regarding an applicant's business decisions with respect to its service, customer demand for service, or quality of service.
3.
Fees: Subject to the fee adjustment requirements of the Small Wireless Facilities Deployment Act, Pennsylvania Act 50 of 2021,[4] the Borough may charge an annual fee for the use of Borough right-of-way. An annual right-of-way fee shall not exceed two hundred seventy dollars ($270) per new utility pole and/or replacement utility pole upon which is mounted small wireless facilities unless the Borough demonstrates all of the following.
a.
The annual right-of-way fee is a reasonable approximation of the Borough's costs to manage the right-of-way.
b.
The Borough costs under § 14-1201.DD.3.a are reasonable.
c.
The annual right-of-way fee is nondiscriminatory.
[4]
Editor's Note: See 53 P.S. § 11704.1 et seq.
4.
Zoning Permit Submission, Review, and Approval: The timing requirements of Article XVI of this Ordinance notwithstanding, the Zoning Permit submission, review, and approval period shall be those expressed in the Small Wireless Facilities Deployment Act, Pennsylvania Act 50 of 2021, and specifically as follows.
a.
Completed Application: Within ten (10) business days of receiving a Zoning Permit application, the Borough must determine and notify the applicant in writing whether the application is incomplete. If an application is incomplete, the notice must specifically identify the missing information. The processing deadline shall restart at zero on the date the applicant provides the missing information. The processing deadline may be tolled by agreement of the applicant and the Borough.
b.
Deadlines: A Zoning Permit application shall be processed on a nondiscriminatory basis and deemed approved if the Borough fails to approve or deny the Zoning Permit application within ninety (90) days of receipt of a complete application. A Zoning Permit associated with a Zoning Permit application that has been deemed approved shall be deemed approved if the Borough fails to approve or deny the Zoning Permit within seven (7) days of the Zoning Permit application deemed approved unless there is a public safety reason for the delay.
c.
Denial: Denial of a Zoning Permit application shall comply with the following.
(1)
Cause for Denial: The Borough may deny a Zoning Permit application only if any of the following apply.
(a)
The small wireless facility materially interferes with the safe operation of traffic control equipment, sight lines, or clear zones for transportation or pedestrians or compliance with the Americans with Disabilities Act of 1990 (P.L. 101-336, 104 Stat. 327)[5] or similar Federal or State standards regarding pedestrians and movement.
[5]
Editor's Note: See 42 U.S.C. § 12101 et seq.
(b)
The small wireless facility fails to comply with applicable codes.
(c)
The small wireless facility fails to comply with the requirements of the Small Wireless Facilities Deployment Act, Pennsylvania Act 50 of 2021.
(2)
Documentation of Denial: Within the time frame established in § 14-1201.DD.4.c, the Borough shall document the basis for denial, including the specific provisions of applicable codes on which the denial was based. Such documentation shall be sent to the applicant within five (5) business days of the denial.
(3)
Cure Deficiencies of Denial: The applicant may cure the deficiencies identified by the Borough and resubmit the Zoning Permit application within thirty (30) days of receiving the written basis for the denial without being required to pay an additional application fee. The Borough shall then approve or deny the revised Zoning Permit application within thirty (30) days of the application being resubmitted for review or the resubmitted application shall be deemed approved thirty (30) days after resubmission. Any subsequent review shall be limited to the deficiencies cited in the denial. If the resubmitted application addresses or changes other section of the application that were not previously denied, the Borough shall be given an additional fifteen (15) days to review the resubmitted application and may charge an additional fee for the review.
5.
Permit Term: Approval of the Zoning Permit authorizes the applicant to operate and maintain small wireless facilities and any associated equipment for a period of not less than five (5) years, which shall be renewed for two (2) additional five (5) year periods if the applicant is in compliance with the criteria set forth in this Ordinance and the Small Wireless Facilities Deployment Act, Pennsylvania Act 50 of 2021.
6.
Removal: New utility poles and replacement utility poles upon which are mounted small wireless facilities are subject to the following removal requirements.
a.
Within sixty (60) days of suspension or revocation of a Zoning Permit due to noncompliance with this Ordinance and/or the Small Wireless Facilities Deployment Act, Pennsylvania Act 50 of 2021, the applicant shall remove the new utility pole/replacement utility pole, if the applicant's equipment are the only facilities on the pole, along with the small wireless facility and any associated equipment.
b.
Within ninety (90) days of the end of the Zoning Permit term, or an extension of the Zoning Permit term, the applicant shall remove the new utility pole/replacement utility pole, if the applicant's equipment are the only facilities on the pole, along with the small wireless facility and any associated equipment.
EE.
Solar Energy Production Facility.
1.
The facility shall receive Land Development Plan approval from the Borough in accordance with the Fairfield Borough Subdivision and Land Development Ordinance. Should an approval (Zoning Permit application, Special Exception application, or otherwise) of the facility occur prior to Land Development Plan submission, such approval shall include a condition that the applicant achieve Land Development Plan approval.
2.
The structures comprising the facility shall be constructed and located in a manner so as to minimize the necessity to remove existing trees upon the lot. In no event shall wooded acreage comprising more than two percent (2%) of the deeded acreage of the lot be removed.
3.
Where wooded acreage is removed, land area equivalent to two (2) times the area of wooded acreage removed shall be planted with trees at a sufficient density to re-establish a forest in the setting. At a minimum, at least fifty-five (55) trees per acre shall be planted. Such trees shall be depicted on a Landscaping Plan submitted in conjunction with the Land Development Plan for the site. The trees shall be subject to financial guarantee in accordance with applicable requirements of the Fairfield Borough Subdivision and Land Development Ordinance.[6]
4.
No portion of the facility, exclusive of access driveways to the facility, shall be located within any floodplain regulated by the Fairfield Borough Floodplain Management Ordinance.[7] No portion of the facility, including access driveways to the facility, shall be located within a designated wetland.
5.
The location of solar arrays and all other accessory structures and buildings shall be subject to fifty (50) foot setbacks from all property lines, or to the setback requirements of the underlying Zoning District, whichever is greater.
6.
Solar arrays shall not exceed ten (10) feet in height. For fixed solar arrays, height shall be measured at the highest point of the solar array above ground level. For solar arrays designed to be able to change the angle of the individual solar panels, height shall be measured with the solar array oriented at maximum tilt.
7.
In calculating the maximum lot coverage, portions of the facility may be considered pervious if the criteria within the Pennsylvania Department of Environmental Protection (DEP) FAQ document entitled "Chapter 102 Permitting for Solar Panel Farms," dated January 2, 2019, as may be updated or amended, has been met.
8.
Stormwater management for the facility shall be in accordance with the Fairfield Borough Stormwater Management and Erosion and Sedimentation Control Ordinance and the DEP FAQ document entitled "Chapter 102 Permitting for Solar Panel Farms," dated January 2, 2019, as may be updated or amended, as applicable.
9.
The facility shall not be artificially illuminated except to the extent required by safety or by any applicable federal, state or local authority.
10.
On-site power collection lines shall be installed underground.
11.
The facility shall be enclosed by a fence, barrier, or similar structure with a minimum height of eight (8) feet to prevent or restrict unauthorized persons or vehicles from entering the property.
12.
Clearly visible warning signs shall be placed on the required fence, barrier, or similar structure to inform individuals of potential voltage hazards.
13.
A twenty-five (25) foot wide, densely planted, landscaped buffer shall be installed around the outside of the required fence, barrier, or similar structure. Such buffer shall meet the following requirements.
a.
The landscaped buffer shall include a combination of evergreen trees, deciduous trees, and shrubs, arranged in a manner to replicate a natural woodland.
b.
The evergreen trees and the deciduous trees shall achieve a height equal to that of the solar array(s) within one (1) year of the time of planting.
c.
All trees and shrubs shall be native to Pennsylvania.
d.
Should the facility be located next to an existing wooded area with a width that exceeds the buffer width requirement of this Section, the existing wooded area may be considered to be the required landscaped buffer.
14.
The facility shall be designed and located in order to prevent reflective glare toward any inhabited buildings on adjacent properties as well as toward any adjacent street rights-of-way.
15.
The design of the facility shall conform to applicable industry standards, including those of the American National Standards Institute. The facility developer shall submit certificates of design compliance obtained by the equipment manufacturers from Underwriters Laboratories (UL), IEEE, Solar Rating and Certification Corporation (SRCC), ETL, or other similar certifying organizations.
16.
Decommissioning.
a.
The Solar Energy Production Facility owner is required to notify the Borough immediately upon cessation or abandonment of the operation. The facility shall be presumed to be discontinued or abandoned if no electricity is generated by such facility for a period of twelve (12) continuous months.
b.
The facility owner shall then have twelve (12) months in which to dismantle and remove the facility, including all solar related equipment and appurtenances related thereto, including, but not limited to, buildings, cabling, electrical components, roads, foundations, solar facility connections, and other associated facilities.
c.
To the extent possible, the materials shall be re-sold or salvaged. Materials that cannot be re-sold or salvaged shall be disposed of at a facility authorized to dispose of such materials by Federal or State law.
d.
Any soil exposed during the removal shall be stabilized in accordance with applicable erosion and sediment control standards.
e.
Any access drive paved aprons from public roads shall remain for future use.
f.
The site area of the facility shall be restored to its pre-existing condition, suitable for its prior use, except the landowner may authorize, in writing, any buffer landscaping or access roads installed to accommodate the Facility to remain.
g.
Any necessary permits, such as Erosion and Sedimentation and NPDES permits, shall be obtained prior to decommissioning activities.
h.
At the time of issuance of the Zoning Permit for the construction of the facility, the owner shall provide financial security in the form and amount acceptable to the Borough to secure its obligations under this Section.
(1)
The facility developer shall, at the time of application, provide the Borough with an estimate of the cost of performing the decommissioning activities required herein, together with an administrative and inflation factor of twenty-five percent (25%) to account for the cost of obtaining permits to complete said activities. The estimate may include an estimated salvage and resale value, discounted by a factor of twenty percent (20%). The decommissioning cost estimate formula shall be:
Gross Cost of Decommissioning Activities | |
+ | Administrative Factor of twenty-five percent (25%) |
- | Salvage and Resale Credit of eighty percent (80%) |
= | Decommissioning Cost Estimate |
(2)
On every fifth (5th) anniversary of the date of providing the decommissioning financial security, the facility owner shall provide an updated decommissioning cost estimate, utilizing the formula set forth above, with adjustments for inflation and cost and value changes. In the decommissioning cost estimate amount changes, the facility owner shall remit the increased financial security to the Borough within thirty (30) days of the updated decommissioning cost estimate by the Borough.
(3)
Decommissioning cost estimates shall be subject to review and approval by the Borough, and the facility owner shall be responsible for administrative, legal, and engineering costs incurred by the Borough for such review.
(4)
At no time shall the financial security be an amount less than five hundred thousand dollars ($500,000).
(5)
The financial security may be in the form of cash, letter of credit, or an investment grade corporate guarantee rated BBB-/Baa3 or better by S&P, Moody's, or AM Best, as applicable.
(6)
Prior to approval of any Zoning Permit for a facility, the facility developer shall enter into a Decommissioning Agreement with the Borough outlining the responsibility of the parties with regard to the decommissioning of the facility.
FF.
Townhouse and Townhouse Community.
1.
The minimum parcel size for a Townhouse Community shall be one (1) acre.
2.
The maximum permitted density shall be six (6) dwelling units to the acre.
3.
The maximum number of attached dwelling units in any townhouse building shall be six (6) dwelling units.
4.
Within any Townhouse building, no adjacent townhouse units shall have the same front and rear building footprint. The variation in the front and rear building footprint shall be no less than two (2) feet and no more than four (4) feet to create a "staggered" appearance of the individual townhouse units.
5.
Any Townhouse building must include varied roof planes. The roof plane shall vary from Townhouse unit to Townhouse unit in a consistent fashion with the staggered building footprint.
6.
Walls or roof planes that do not exhibit variation in building footprint or roof design respectively shall not be permitted.
7.
Parking areas shall be located either to the rear of individual Townhouse buildings or in common parking areas. Under no circumstances shall parking be permitted within the required setbacks along the perimeter of the property.
8.
A designated open space or recreation area shall be provided for any Townhouse Community in excess of twelve (12) units. The minimum open space or recreation area shall contain three hundred (300) square feet for each dwelling unit.
9.
The minimum separation between townhouse buildings in a Townhouse Community shall be twenty-five (25) feet. Townhouse buildings shall be arranged such that the front and rear facades of adjacent buildings do not face each other.
10.
Architectural styles and building materials shall be similar to those found in the surrounding residential area. A rendering shall be supplied with each Zoning Permit application showing all architectural elements and indicating construction materials.
11.
There shall be, within any continuous group of townhouses, at least three (3) different architectural plans having substantially different designs, building materials, and exterior and floor elevations. At a minimum, one (1) out of every three (3) townhouse units shall use brick as the primary external surface building material. In addition, all townhouse units shall include a minimum of five (5) of the following seven (7) architectural features.
a.
Bay windows.
b.
Dormers, provided the pitch of the dormer matches the main roof pitch.
c.
Chimneys.
d.
Fanlight windows.
e.
Cross gables, provided the pitch of the cross gable matches the pitch of the main gable.
f.
Front porches, provided the pitch of the roof above the porch matches the roof pitch, and provided the porch is constructed of the same building materials as the townhouse unit to which it is associated.
g.
Quoins.
9. | All Townhouse units shall comply with the following architectural requirements. | |
a. | Windows shall be oriented in a vertical fashion. The ratio between window height and window width shall be no less than two to one (2:1) nor greater than three to one (3:1). | |
b. | Windows shall constitute a minimum of twenty-five percent (25%) and a maximum of thirty-five percent (35%) of the total area of every external wall. Fanlight windows, if used, shall not be included in this calculation. | |
c. | All windows shall have shutters of a design, appearance, and material that are consistent with the overall architectural approach for the townhouse unit. | |
d. | Roof pitch shall be consistent with that of surrounding established neighborhoods in Fairfield Borough. A minimum roof pitch of approximately 8/12 shall be used. | |
e. | Eaves shall be provided on all Townhouse buildings. The use of eaves in coordination with additional architectural features, such as dentils, brackets, and decorative moldings, is strongly encouraged. | |
f. | An architectural feature, such as but not limited to, vertical bands, shall be used to delineate the individual Townhouse units of a townhouse building. In no event shall the building facade transition from one dwelling unit to another without a distinct visual or architectural break between adjoining units. | |
10. | On any Townhouse building, all individual Townhouse units shall share a common roof shingle material and color. | |
11.. | A site plan must be submitted with each Zoning Permit application showing the interrelationships between the proposed structures, open space or recreation areas, sidewalks, streets, parking areas, landscaping, and other features necessary to evaluate the proposed site design. | |
12. | Trash disposal and pick-up areas shall be screened on all side by a six (6) foot tall fence. Shrubs shall be planted around the perimeter of the fence, excluding one side to allow access. | |
GG.
Use of the Same General Character.
1.
The proposed use shall be of the same general character in terms of size, scale, intensity, and type of use as those uses specifically authorized in the underlying Zoning District.
2.
The applicant shall present testimony that evaluates the degree to which the proposed use is of the same general character of the underlying Zoning District versus other zoning districts applied in the Borough. The approval decisions shall include a conclusion that the proposed use achieves an equal or higher degree of character consistency in terms of general character in the underlying district versus other Zoning Districts applied in the Borough.
3.
The proposed use shall not cause traffic impacts that exceed the potential traffic impacts that may be caused by the development of uses specifically authorized in the underlying Zoning District.
4.
The proposed use shall not produce heat, glare, noise, noxious odors, or any other nuisance that exceeds the potential impacts of uses specifically authorized in the underlying Zoning District.
5.
The proposed use shall comply with all dimensional, performance, and related requirements of the Zoning Ordinance ordinarily applied to specifically authorized uses of the underlying Zoning District.
HH.
Vacation Rental.
1.
Any proposed Vacation Rental shall be compatible with the neighborhood in which it is located in terms of landscaping, scale and architectural character. The use shall be harmonious and compatible with the existing uses within the neighborhood.
2.
The operator of the Vacation Rental shall, at all times while the property is being used as a vacation rental, maintain a contact person/entity within a fifteen (15) minute drive of the property. The contact person or entity must be available via telephone twenty-four (24) hours a day, seven (7) days a week, to respond to complaints regarding the use of the Vacation Rental.
3.
A written notice shall be conspicuously posted inside each Vacation Rental setting forth the name, address and telephone number of the contact person required in § 14-1201.HH.2. The notice shall also set forth the address of the Vacation Rental, the maximum number of vehicles permitted to park on-site, and the day(s) established for garbage collection.
4.
The Vacation Rental shall meet applicable requirements of the Pennsylvania Uniform Construction Code, or similar applicable code.
5.
The operator of the Vacation Rental must demonstrate that the Vacation Rental is registered with the Adams County Treasurer's Office in compliance with County Ordinance No. 3 of 2012 for the payment of hotel room rental tax.
II.
Village Development.
1.
Permitted Uses: The following uses may be authorized within a Village Development.
2.
Provision of Varied Residential Uses: Where residential uses authorized in Sections 1201.II.1.b through 1201.II.1.d are proposed, such residential uses shall constitute not more than sixty percent (60%) of all residential uses within a Village Development project. A minimum of forty percent (40%) of all residential units within a Village Development project shall be Single-Family Detached Dwellings.
3.
Grid-and-Alley Street System: A grid-and-alley street network shall be developed for Village Development projects. The grid-and-alley street network shall be based on, and be an extension of, the grid street pattern that exists in the developed core of Fairfield Borough. The street network shall meet the following requirements.
b.
Trash disposal and pick-up areas for residential uses permitted by Sections 1201.II.1.c and 1201.II.1.d of this Ordinance shall be located within the rear yard of the property on which such uses are proposed. Trash disposal and pick-up area shall be screened on all sides by a six (6) foot tall fence. Shrubs shall be planted around the perimeter of the fence, excluding the alley side to allow access. Trash disposal service for residential uses permitted by Sections 1201.II.1.a and 1201.II.1.b may be provided from the front of each proposed lot.
c.
Street connectivity between the existing street network and the proposed Village Development project shall be provided in accordance with the following.
(1)
Where a Village Development project is proposed on a parcel where existing streets either border or bisect the parcel, new street connections to these existing streets shall be provided in a manner that logically extends the Borough's grid-and-alley street network.
(2)
Where reserve strips have been previously retained on a parcel now being developed as a Village Development project, such reserve strips shall be used to facilitate new street connections to the existing street network.
(3)
Where a logical extension of the existing grid-and-alley street system is identified, but where such connection would require an entity other than the applicant to complete the connection, the applicant shall provide the necessary street right-of-way to the parcel property line and shall be responsible for installing the street and associated infrastructure to the parcel property line at such time the full connection is implemented.
(4)
Reserve strips shall be incorporated into the street design to allow the extension of the grid-and-alley street system of a Village Development to adjoining properties either within Fairfield Borough or within adjoining properties in Hamiltonban Township.
4.
Building architecture and materials shall be consistent with those found along Main Street in Fairfield Borough. A majority of buildings shall have either front or side gabled roofs and shall be at least two stories tall. Roof pitches of between 8x8 to 8x12 shall be provided.
5.
Specific Building Placement and Arrangement Requirements.
a.
A minimum of thirty-four percent (34%) of the principal residential buildings within the proposed village development shall be constructed at the standard build-to line.
b.
Garage Orientation to Alleys: Off-street parking required by this Ordinance shall be located to the rear of properties. Under no circumstances will parking be permitted in any front yards. In addition, the following standards shall be met.
6.
Sidewalks: Sidewalks, constructed to standards contained in the Borough's Subdivision and Land Development Ordinance or other controlling ordinances, shall be provided along both sides of all streets. A three (3) foot wide planting strip shall be provided between the street cartway and the sidewalk.
7.
Landscaping: Street trees shall be planted within all planting strips required by this Section. Such street trees shall be planted no further than thirty (30) feet apart. At the time of planting, the street trees shall have a minimum height of ten (10) feet and a minimum caliper of two (2) inches, measured at the four (4) foot level. Street trees shall be deep-rooted species, which, when mature, will not negatively impact the structural stability of the adjoining sidewalk. Street trees shall be chosen and planted in accordance with the Tree Policy/Specification requirements adopted by the Borough of Fairfield.
8.
Provision of a "Common Green": Common greens shall be provided in central locations within Village Development projects in accordance with the following standards.
a.
Applicability: The applicant proposing the initial Village Development submission within each quadrant of the Borough shall be responsible for achieving the common green requirements of this Section. For the purposes of this Section, the four quadrants of the Borough shall be defined as follows.
(1)
North Quadrant: The portion of the Borough bounded by East Main Street to the south and North Miller Street to the west.
(2)
South Quadrant: The portion of the Borough bounded by Water Street to the east and West Main Street to the north.
(3)
West Quadrant: The portion of the Borough bounded by West Main Street to the south and North Miller Street to the east.
(4)
East Quadrant: The portion of the Borough bounded by Water Street to the west and East Main Street to the north.
b.
Where a Village Development submission represents the initial Village Development submission in two or more quadrants, the submission shall include a common green meeting the requirements of this Section in each quadrant.
c.
Location: Common greens shall be located in a central location within the Village Development project proposed for the quadrant. The common green shall be located in a manner that minimizes pedestrian travel times for all residents of the Village Development to the common green.
d.
Size: Common greens shall be a minimum of one (1) acre in size.
e.
Accessibility: Common greens shall be surrounded on at least three (3) sides by neighborhood streets within the Village Development project. The sidewalk system of the Village Development shall be designed in a manner that allows direct and convenient access to the common green area for all Village Development residents.
f.
Design: Common greens shall be designed to resemble a traditional town square or plaza area. With each common green, at least one (1) major focal point, such as a bandshell, gazebo, community garden, sculpture garden, fountain, picnic shelter, or similar feature that can serve as a community gathering place is required.
g.
Landscaping: A landscaping plan, designed by a registered landscape architect, shall be submitted for the common green as a component of any application (Zoning Permit application, Special Exception application, or otherwise) as well as a component of the preliminary and final plan submission to the Borough. Vegetative landscaping shall be provided around the perimeter of the common green as well as internally within the common green. Perimeter vegetative landscaping shall include shade trees and shrubs. Internal vegetative landscaping shall also include shade trees and shrubs, and shall be placed to enhance the appearance of amenities placed within the common green. The landscaping shall achieve the following standards.
(1)
Quantity: Ten (10) planting units shall be provided for each acre, or portion thereof, within the common green. Where the site design retains existing major or minor deciduous trees, said trees may contribute to meeting this quantity requirement.
(2)
Size: New trees shall be a minimum caliber of three (3) inches, measured four (4) feet from ground level, at the time of planting.
(3)
Species: A mixture of at least three (3) tree species shall be provided. Where more than twenty (20) planting units are required, a mixture of at least five tree species shall be provided. No more than twenty-five percent (25%) of the trees in any landscaping plan shall be evergreen trees.
h.
Deed Restrictions: Deed restrictions shall be recorded to restrict further development of the common green. Such deed restrictions shall be reviewed and approved by the Borough Solicitor and shall be filed in the Office of the Adams County Recorder of Deeds upon final approval of the phase of the village development project within which the common green is provided. The initial draft of the deed restriction shall be provided as a component of any application (Zoning Permit application, Special Exception, or otherwise) as well as a component of the preliminary plan submission to the Borough. If the common green is not conveyed to Fairfield Borough, the applicant shall make arrangements for the permanent ownership and maintenance of the common green through the formation of a homeowners association no later than the beginning of construction of the phase of the village development project within which the common green is located.
9.
Protection of Open Space Resources: Open space resources shall include environmentally sensitive features such as, but not necessarily limited to, streams, floodplains, wetlands, individual mature trees, and wooded areas worthy of preservation. Such environmentally sensitive features shall be retained in their natural state. Further, such resources shall be retained in common ownership and shall be subject to the deed restriction requirements of § 14-1201.H.2.
JJ.
Wholesaling and Warehousing Operations.
1.
A two hundred (200) foot setback line shall be required along any boundary line which separates the site from a Zoning District that permits residential development or from an existing residential property.
2.
Along such boundary line, the developer shall provide a vegetative buffer to provide visual screening. The buffer shall contain various types and sizes of species, arranged in such a manner to establish an effective visual barrier.
3.
Loading and unloading docks shall be located on the side of the building furthest removed from the closest residential structure.
4.
The loading and unloading areas shall be designed such that all truck maneuvering can be accomplished on the property and not within street rights-of-way.
5.
A site plan shall be submitted as a component of any application (Zoning Permit application, Special Exception application, or otherwise) to be reviewed. The site plan shall show building dimension and placement, internal circulation, landscaping, and all other pertinent design information needed for complete review of the project.
KK.
Wireless Communication Facility—Co-Location—Outside Public Right-of-Way.
1.
Location: An applicant may co-locate one (1) or more wireless communications facilities on existing poles, including but not limited to existing tower-based wireless communications facilities, telephone and/or electric utility poles, and light poles. Such facilities may also be co-located on buildings and structures. Multiple small wireless facilities proposed to be deployed at multiple locations shall be considered to be one (1) application for the purpose of this review and approval process.
2.
Screening: Any related equipment that cannot be placed underground shall be screened through the use of landscaping or other decorative features.
3.
Stealth Technology—Co-Location on Wireless Communication Tower: Any stealth technology employed on the existing Wireless Communication Tower must be expanded to encompass the new Wireless Communication Facility to be co-located on said Tower.
4.
Stealth Technology—Co-Location on Other Towers, Poles, Structures, or Buildings: Stealth technology shall be employed to minimize the visual impact of the Wireless Communications Facility within the surrounding environment. Specific requirements are as follows.
a.
Buildings: Stealth technology shall be employed that encloses the Wireless Communications Facility in structure that is architecturally compatible with the host building.
b.
Poles and Other Structures: Stealth technology shall be employed such that the Wireless Communications Facility is installed either within the pole or structure, or flush on the external surface of the pole or structure.
5.
Height: The following height requirements shall be applied.
a.
Co-Location on Existing Wireless Communications Tower: Co-location on an existing Wireless Communications Tower shall not result in a Wireless Communications Tower height that exceeds that authorized by this Ordinance.
b.
Co-Location on Poles and Other Structures: Co-location on other poles and other structures shall not result in the Wireless Communications Facility exceeding the height of the pole or structure.
c.
Co-Location on Buildings: Co-location on an existing building may result in the Wireless Communication Facility exceeding the building height by no more than ten (10) feet. However, in no case shall the height of the Wireless Communication Facility exceed the maximum building height of the underlying Zoning District by more than five (5) feet.
6.
Review Period: The timing requirements of Article XVI of this Ordinance notwithstanding, the review and approval period shall be those expressed in "Accelerating Wireless and Wireline Broadband Deployment by Removing Barriers to Infrastructure Investment," or subsequent rulemaking, by the Federal Communications Commission, and specifically as follows.
a.
Small wireless facility: Sixty (60) days from date of application. This time frame includes multiple deployments on existing poles and other structures outside of public right-of-way and within public right-of-way and on existing structures inside the public right-of-way per § 14-1201.CC of this Ordinance.
b.
Applications for multiple deployments that contain small wireless facilities on existing structures outside of public right-of-way and small wireless facilities in any other location as regulated by this Ordinance: Ninety (90) days from date of application.
c.
Facility other than a small wireless facility: Ninety (90) days from date of application.
LL.
Wireless Communication Facility—Tower-Based—Outside Public Right-of-Way.
1.
Location: An applicant may co-locate one (1) or more Wireless Communications Facilities on new poles. Multiple Small Wireless Facilities proposed to be deployed at multiple locations shall be considered to be one (1) application for the purpose of this review and approval process.
2.
Evaluation of Siting Opportunities: An applicant seeking approval to erect or enlarge a tower-based Wireless Communications Facility shall demonstrate compliance with the following requirements.
a.
An applicant shall demonstrate that all structures in excess of fifty (50) feet in height within a one (1) mile radius of the proposed site have been evaluated as a co-location site. Co-location opportunities include, but are not limited to, smoke stacks, water towers, agricultural silos, tall buildings, towers operated by other wireless communication companies, and other communications towers (fire, police, etc.). The applicant shall provide a site alternative analysis describing the location of potential co-location sites that were considered, the availability of those sites, the extent to which other sites do or do not meet the provider's service or engineering needs, and the reason the alternative site was not chosen. Where a potential co-location site is not chosen, supplementary evidence shall include one (1) or more of the following reasons for not proposing to co-locate on the alternative site.
(1)
The proposed antennas and related equipment would exceed the structural capacity of the existing structure, as certified by an engineer certified in the Commonwealth of Pennsylvania, and that appropriate reinforcement cannot be accomplished.
(2)
The proposed antennas and related equipment would cause radio frequency interference with other existing equipment, as certified by an appropriate technical expert, and that the interference cannot be effectively mitigated.
(3)
The existing structure does not possess appropriate location, space, or access to accommodate the proposed antennas and equipment or to allow the antennas and equipment to perform their intended function.
(4)
Addition of the proposed antennas and related equipment would result in electromagnetic radiation from such structure that exceeds applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation. Such a determination shall be certified by an appropriate technical expert.
(5)
A commercially reasonable agreement could not be reached with the owners of such structures. Where such an agreement is not reached, the applicant shall indicate why any offers or counter-offers made were deemed to be unreasonable.
b.
If the applicant claims that no structures in excess of fifty (50) feet exist within the study area, the applicant shall provide evidence detailing how such determination was made. Such written evidence shall be submitted, and deemed to be complete, before approval for the erection of a wireless communications tower may occur.
c.
An applicant shall demonstrate that the proposed facility is needed at the proposed location. The applicant shall provide an existing coverage analysis demonstrating a "dead spot" at or near the proposed tower location.
d.
An applicant shall provide a written analysis that identifies potential negative impacts on neighboring residents and properties, and indicates how negative impacts will be effectively mitigated.
3.
Siting Requirements: Where the applicant has demonstrated that no co-location opportunities exist to site wireless communications antennas on an existing structure and that a wireless communications tower is necessary, the following siting criteria must be met.
a.
The minimum distance between the base of the wireless communications tower, or any anchoring guy wires, and any property line or public road right-of-way, shall be a minimum of thirty percent (30%) of the tower height.
b.
The minimum distance between the base of the tower, or any anchoring guy wires, and residential, place of worship, or school property shall be two hundred (200) feet.
4.
Tower Height: An applicant must demonstrate that a proposed wireless communications tower is the minimum height required to function satisfactorily. In no case shall a wireless communications tower exceed one hundred eighty (180) feet. The measurement of tower height shall include the tower itself as well as any antennas or other equipment attached thereto.
5.
Tower Safety: An applicant shall demonstrate that the proposed tower will not affect surrounding properties as a result of structural failure, falling ice or other debris, or radio frequency interference.
6.
All wireless communications towers shall be fitted with anti-climbing devices, as approved by the manufacturers. A detail confirming the design of such features shall be included in the application for approval of the wireless communications tower.
7.
Tower Type: The applicant shall use the monopole, or davit-pole, type of wireless communications tower.
8.
Landscaping: The applicant shall demonstrate compliance with the following landscaping requirements.
a.
The base of the wireless communications tower, any supporting cables or guy wires, maintenance buildings, and parking areas shall be enclosed by a protective fence. The protective fence shall be a minimum of six (6) feet in height.
b.
An evergreen screen shall be planted around the external perimeter of the protective fence. Evergreen trees shall be a minimum of six (6) feet at planting, and shall reach a minimum height of fifteen (15) feet at maturity. Any trees which die within one (1) year of planting shall be replaced by the applicant. Where the tower site is either fully or partially located within a grove of existing trees, the evergreen screen requirement may be waived along any portion of the protective fence that is blocked from view from beyond the property line hosting the facility by said grove of trees.
9.
Color: Where a specific color pattern is not required by the Federal Aviation Administration (FAA), wireless communications tower colors shall be a light grey or galvanized metal color. Towers shall be finished or treated in a manner that prevents the formation of rust.
10.
Site Access: Access to a wireless communications tower facility shall be provided by an access driveway located within an easement of at least twenty (20) feet in width. The access driveway shall be a minimum of ten (10) feet in width, and shall be constructed with a dust-free, all weather surface for its entire length.
11.
Land Development Plan Approvals: An applicant shall obtain land development approval from the Fairfield Borough Council in accordance with applicable provisions of the Fairfield Borough Subdivision and Land Development Ordinance prior to Zoning Permit approval.
12.
A list of the contents of the equipment building or box, with specific attention to any potentially unsafe or toxic substances, including batteries, to be located in the facility, shall be provided. Documentation demonstrating how any spills of unsafe or toxic material will be contained within the equipment building or box shall also be provided.
13.
Information regarding the intended power supply and auxiliary power supply for the facility shall be provided.
14.
Review Period: The timing requirements of Article XVI of this Ordinance notwithstanding, the review and approval period shall be those expressed in "Accelerating Wireless and Wireline Broadband Deployment by Removing Barriers to Infrastructure Investment," or subsequent rulemaking, by the Federal Communications Commission, and specifically as follows.
a.
Small Wireless Facility: Ninety (90) days from date of application. This time frame includes multiple deployments on new poles outside public right-of-way and in any other location as regulated by this Ordinance.
b.
Facility Other Than a Small Wireless Facility: One hundred fifty (150) days from date of application.