Fox Chapel City Zoning Code
ARTICLE VI
General Regulations
§ 400-22 Permitted signs.
[Amended 7-21-1986 by Ord. No. 463[1]]
The following types of signs shall be permitted in the Borough:
A.
Official traffic signs and street name signs. Official signs identifying public buildings of the Borough of Fox Chapel.
B.
One identification sign each for schools, churches, clubs or similar institutions, provided that the area on one side of any such sign shall not exceed 10 square feet and that no such sign shall have more than two sides. In addition said institutions may erect signs not exceeding one square foot in area indicating directions to motorists.
C.
Real estate signs advertising the sale, rental or development of premises, provided that the area on one side of such sign shall not exceed 10 square feet and that no such sign shall have more than two sides. Real estate signs shall be located at least 20 feet from the edge of the pavement of any street. All real estate signs shall be removed upon the signing of a sales agreement for the sale of the property.
D.
Temporary signs of building contractors and artisans, not to exceed 10 square feet in area, provided that such signs shall be promptly removed upon completion of the work.
E.
Temporary signs in the I-O District may be displayed for no more than 60 days per calendar year, will be limited to one per property, and can be no larger than four feet in height and 13 feet in width.
F.
Bulletin boards, of the same area, of a church, school or municipal building, for the purpose of displaying the name and activities or services there provided.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
§ 400-23 Sign regulations. [1]
All signs displayed within the Borough of Fox Chapel and subject to regulation under this part, including those permitted in the preceding section, shall comply with the following regulations:
A.
Design. Each sign shall have no more than two sides. The highest point of any sign shall not exceed six feet above the ground; provided, however, that any sign may be located higher than six feet if necessary to be visible from the closest street, road or lane, when located as close as is permitted to such street, road or lane.
B.
Location. Signs shall not be posted on any property without the consent of the owner of such property. The Borough may maintain a registry of owners who have indicated a preference with respect to signs on such owner's property. If an owner has requested that no signs be permitted on the property of the owner, the Borough may remove any such sign. Any request of an owner will be revocable at any time by the owner.
C.
Construction; removal. All signs shall be posted in a safe and secure manner and must be maintained in good condition. The owner of the property on which a sign or signs are posted: 1) shall remove signs that do not comply with this part or shall make or cause to be made, as and when necessary, all repairs and replacements so as to bring such sign or signs into compliance; and 2) shall not permit said sign or signs to become deserted or abandoned and shall cause them to be removed prior to either condition being present. For purposes hereof, a sign will generally be considered to be deserted or abandoned if it relates to a specific event and a reasonable amount of time has passed following the occurrence or completion of the event.
D.
No sign shall be placed in such a position that it will cause danger to traffic on a street by obscuring the view.
E.
No sign shall be of a flashing type, except traffic control devices.
F.
All signs shall be kept in good repair and shall not be permitted to become unsightly.
G.
No sign, other than official traffic or information signs, shall be erected in or project into any public park, street or highway, or over or in or into any sidewalk of the Borough of Fox Chapel.
H.
No sign shall be nailed, wired or otherwise affixed to a tree or to an official traffic sign or street name sign.
I.
No sign shall be artificially illuminated.
J.
No posters, signs, cards, advertising matter or any objects whatsoever may be placed upon utility poles or elsewhere within or along the streets, roads and public ways of the Borough.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
§ 400-24 Vision obstruction.
On any corner lot, no structure, fence, wall, hedge or other planting shall be erected or allowed to grow, be placed or maintained at a height of more than three feet above the center lines of the intersecting roads within a triangle formed by said center lines and a straight line connecting said center lines at a point 75 feet from the intersection of the center lines for local roads and 200 feet from the intersection of the center lines for collector or major roads. The classification of roads as local, collector or major shall be as set forth in the Borough Plan.
§ 400-25 Walls and fences.
[Amended 4-20-1992 by Ord. No. 529; 4-18-1994 by Ord. No. 549]
A.
A standard fence may be erected and maintained at any point on any lot in any district, except as provided in § 400-24 of this Part 1. Notwithstanding the foregoing, no such fence shall be built upon, interfere with or project over or onto any public right-of-way or interfere with any sight distances at intersections or roads. All fences, walls or other similar items (referred to as "fences" in this section), whether a standard fence or otherwise, must meet the requirements of this section.
B.
Construction.
(1)
Wooden fences shall be erected with the finished side or "good side" facing toward the public streets of the Borough and toward adjoining properties.
(2)
It is recommended that chain-link and other wire mesh fencing, as well as other fences which are painted, should be painted with a color which blends in with the surroundings and which does not attract the attention of drivers on public streets. Aluminum, galvanized or light-reflecting colors are not recommended.
C.
Maintenance. All fences within the Borough must be maintained in good repair at all times.
D.
Prohibitions.
(1)
Barbed wire fencing is prohibited within the Borough.
(2)
Razor wire and razor ribbon fencing are prohibited within the Borough.
(3)
Subject to all other applicable restrictions, electric wire fencing or any other electrified fencing is permitted within the Borough only if the following conditions are met:
(a)
The electric fence controller (the device which puts the voltage on the wire or wires of the fence, usually containing a positive and negative terminal) must be approved by Underwriters Laboratories (UL).
(b)
The approved electric fence controller may not be modified.
(c)
The following safety standards must be met:
[1]
Continuous current or an alternating 60 Hz current in the fence is not permitted;
[2]
The voltage on the wire must be pulsed with at least one second between each pulse; and
[3]
The enclosure must be designed and maintained so that there is no risk of shock, fire, injury or other hazard to person or property.
(d)
The requirements of UL Standard 69, as the same is modified, amended, supplemented or replaced from time to time, shall be met on each day the fence is maintained.
(e)
Warning signs shall be placed along the fence sufficient to warn persons of the location and nature of the fence. In particular, such signs shall be designed to convey a message of danger to small children who may be unable to read.
(f)
The electrical fence must be installed in accordance with the National Electric Code and must be inspected by an independent electrical agency approved by the Borough, and a copy of the electrical inspection report must be filed with the Borough.
(4)
In addition to the remedies available under this Part 1, violations of this subsection may be prosecuted as a nuisance.
(5)
Hedges, trees, rows of trees, shrubbery and bushes, which in the judgment of the Borough Engineer interfere with sight lines, public safety and/or restrict access to public utilities, are not permitted within the right-of-way of any public road, street or lane.
(6)
No fence will be located in undisturbed open space. No fence, other than a standard fence, shall be located too close to undisturbed open space. As used in this subsection, "too close" shall mean within the required setback for the zoning district in which the fence will sit, measured from the perimeter of the undisturbed open space.
(7)
No fence shall be erected, constructed, replaced or moved until a permit has been received from the Zoning Officer. The application for said permit shall be on a form provided by the Borough and shall require such information as is needed to demonstrate compliance with the applicable provisions of this Part 1. A fee may be charged in an amount determined from time to time by Council by resolution.
E.
Underground fences. Nothing contained herein shall be interpreted to prohibit fences consisting of underground electrical wiring, commonly referred to as "silent" or "invisible" fences.
§ 400-26 Boats, motor and mobile homes, unlicensed vehicles and commercial vehicles.
[Amended 4-20-2009 by Ord. No. 667]
No mobile home (house trailer*) or motor home* (house coach*) shall be occupied as a dwelling within the Borough of Fox Chapel except to the extent expressly permitted in Chapter 219, Mobile Homes, of this Code. No salvage vehicle,* unlicensed farm equipment,* unlicensed construction equipment or other wheeled or tracked motor vehicle* (other than a passenger car*) or machine (as examples, but not by way of limitation, skidsteer, snowmobile, quadrunner, lawn tractor or Gator™), commercially licensed vehicle, trailer, boat more than 10 feet in length and no mobile home or motor home shall be maintained or parked within the Borough of Fox Chapel at any time:
A.
Closer to a road, street or lane than the principal structure on the property of the property owner on whose property it is located; or
B.
At any other place on such property unless it is screened from view from any point off such property by evergreens or other vegetation, topography, walls, fences or earth-tone nonliving screening material, except that:
(1)
A boat or motor home may be parked on a residential lot not closer to a road, street or lane than the principal structure on the property for periods totaling not in excess of two weeks in any calendar year; and
(2)
A building contractor may park construction equipment and/or an enclosed job trailer and/or tool trailer on a building site during construction on that site. Any equipment or trailer so used by a building contractor shall be promptly removed upon completion of construction.
[Items marked with an asterisk (*) are defined in the Pennsylvania Vehicle Code, Title 75 of the Pennsylvania Consolidated Statutes Annotated.]
§ 400-27 Swimming pools. [1]
Swimming pools shall be fenced and maintained as required by the Uniform Construction Code, as amended.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
§ 400-28 Off-street parking.
A.
Required off-street parking shall be located on the site of the principal building which is served by the parking. Said parking space shall not be encroached upon by buildings, storage or other use; nor shall the parking space be reduced except upon the approval of the Zoning Hearing Board, and then only after proof that the off-street parking spaces provided are no longer needed by reason of reduction in floor area, seating area, or other factors affecting the need for parking space.
B.
Required off-street parking areas for three or more automobiles on other than residential premises shall have spaces marked for each car. They shall be so designed that any automobile may be parked or unparked without moving another automobile and without entering on a public road or street. No driveway across public property or curb shall exceed a width of 25 feet. The requirement for off-street parking shall be in addition to any front yard setback requirements set forth in this Part 1.[1]
[1]
Editor's Note: See the Schedule of District Regulations, an attachment to this chapter.
C.
All open parking areas containing more than three parking spaces other than for residential premises shall be improved with a bituminous or other all-weather dust-free surface.
D.
Every new or substantially reconstructed single-family dwelling shall be provided with at least two off-street parking spaces.
E.
All open parking areas for churches, educational, religious or philanthropic institutions shall be provided with landscaped islands as specified by Borough Council. No open parking area shall be constructed closer than 15 feet to adjoining properties.
§ 400-29 Height regulations.
[Amended 6-17-1991 by Ord. No. 521; 7-18-1994 by Ord. No. 556]
No single-family dwelling or accessory building shall be erected or substantially rebuilt in the Borough of Fox Chapel after the effective date of this section to exceed a building height of 40 feet. No other building or structure shall exceed a height of 50 feet. Said limitation shall not, however, apply to any water storage facilities, amateur radio communications towers or communications towers installed, erected or constructed pursuant to an approved § 400-14 conditional use application.
§ 400-30 Minimum first-floor area.
No single-family dwelling shall be erected or substantially rebuilt in the Borough of Fox Chapel after the effective date of this Part 1 which does not comply with the following minimum first-floor area requirements:
A.
For all one-story single-family dwellings, the minimum first-floor area shall be 1,500 square feet.
B.
For one-and-one-half-story single-family dwellings, the minimum first-floor area shall be 1,200 square feet.
C.
For all single-family dwellings having two or more stories, the minimum first-floor area shall be 1,000 square feet.
D.
In computing the minimum first-floor area of any single-family dwelling, the area of garages, open or closed porches, and breezeways shall be excluded. Minimum first-floor area shall be computed on the basis of the dimensions of the dwelling, or part thereof being measured, at the level of the first floor which is at or above ground level at the main entrance to the dwelling. A variance to the minimum first-floor area requirements of this section may be authorized only by the Zoning Hearing Board.
§ 400-31 Determining number of stories.
A one-and-one-half-story single-family dwelling shall be deemed to be any single-family dwelling in which the habitable area of the second floor does not exceed 2/3 of the habitable area of the first floor, but does exceed 1/3 of the habitable area of the first floor. A single-family dwelling having a habitable are on the second floor less than or equal to 1/3 of the habitable area of the first floor shall be deemed a one-story dwelling. Any portion of a floor which is or is to be left unfinished shall not be deemed habitable. The habitability of the area referred to in this section shall be determined by the Zoning Officer, subject to the applicant's right of appeal to the Zoning Hearing Board.
§ 400-32 Compliance with Natural Resources Ordinance.
[Added 12-19-1983 by Ord. No. 443]
Regardless of the minimum lot area required, the use on any lot permitted pursuant to this part must be in compliance with the natural resource protection standard in §§ 363-16 to 363-18 of the Borough's Natural Resource Assessment and Protection Ordinance of 1977 in Chapter 363, as amended. The applicant shall demonstrate compliance pursuant to the procedure defined in § 400-36 of this Part 1.
§ 400-33 Helicopters and heliports.
[Added 5-20-1991 by Ord. No. 522]
A.
Definitions. As used in this section, the following terms shall have the meanings indicated:
HELICOPTER
Any aircraft that depends principally for its support in flight on the lift generated by one or more rotors and aircraft which are capable of a vertical takeoff or landing.
HELIPORT
Any area of land, water or structure (whether or not designated or set off as such) used or intended to be used for the landing or takeoff of helicopters.
B.
Prohibitions.
(1)
Heliports and the landing of helicopters are prohibited in the Borough of Fox Chapel.
(2)
No helicopter may fly at an altitude which causes a hazard to persons or property on the surface.
C.
Exceptions. Subsection B(1) shall not apply to any heliport used for takeoff or the landing of a helicopter relating to the following:
(1)
Heliports identified in the Borough of Fox Chapel Emergency Management Plan.
(2)
Life flights or other cases of medical emergency.
(3)
Police emergency.
(4)
Heliports involving programs of spraying or otherwise delivering insecticides (e.g., gypsy moth spraying), where the Borough is a voluntary participant in such program.
(5)
Heliports meeting the conditional use standards set forth in Subsection D.
D.
Conditional use standards. A landowner may request a conditional use from Council in accordance with § 400-38 hereof for a heliport; the applicant shall submit as part of the application documentation or other evidence demonstrating the following:
(1)
The heliport is to be located at least 500 feet from any lot line or street line.
(2)
No more than two takeoffs and two landings may occur at a heliport in any one day.
(3)
No takeoffs or landings may occur between the hours of 9:00 p.m. and 8:00 a.m.
(4)
The minimization of the detrimental impact on the essential character of the neighborhood caused by the heliport and the related activities thereto. Council will specifically consider the following in this respect:
(a)
Screening or other landscaping around the heliport;
(b)
The type of helicopter to be used at the heliport and the attendant noise levels generated thereby, especially for anticipated readings above 50 decibels, measured at the property lines for the land on which the heliport is located;
(c)
Proposed flight paths to be used by the operator, especially during takeoffs and landings, and the anticipated noise levels in excess of 50 decibels generated thereby, to be measured at the property lines for the land on which the heliport is located;
(d)
The effect on property values;
(e)
The location of the heliport, both on the property itself and in relation to surrounding properties; and
(f)
Any anticipated downdrafts or other air displacements generated by the helicopter using the heliport.
(5)
Compliance with all applicable federal and state laws regulating helicopters and heliports, including, but not limited to, approval by the Bureau of Aviation of the Pennsylvania Department of Transportation and the Federal Aviation Administration (the "FAA") of flight paths and approach patterns.
(6)
Compliance with all Borough ordinances.
(7)
A report from a reputable acoustic or aviation consultant showing the computer prediction model developed by the FAA, referred to in 14 CFR Part 150, section A150.103.
(8)
Proof of ownership of helicopter liability insurance in an amount not less than $5,000,000 for any one accident or occurrence.
(9)
If after approval by Council of the conditional use the use of the heliport or the heliport itself ceases to comply with any of the foregoing requirements, any conditional use shall be deemed to have immediately and automatically expired and be of no further effect. This condition shall be considered part of any approval granted by Council or deemed to be granted, whether or not expressly set forth therein.
E.
Interpretation.
(1)
Should any part of this section be declared invalid, it is the intention of Borough Council that the remainder of this section be in full force and effect, as if the section has been enacted without said invalid portion.
(2)
This section shall be interpreted so as to be not preempted by federal law.
§ 400-34 Accessory buildings and uses.
[Added 4-17-1995 by Ord. No. 566]
A.
Permitted uses and structures. As set forth in the Schedule of District Regulations, no-impact home-based businesses within residential structures are specifically permitted as accessory uses, and private garages are specifically permitted as accessory buildings and uses in all residential zones. An inflatable enclosure of ground space is permitted in residential districts only as an accessory building and never as a principal building.
[Amended 4-16-2018 by Ord. No. 705]
B.
Additional restrictions.
(1)
No accessory building shall be constructed on any lot prior to the time of construction of the principal building to which it is accessory.
(2)
A building attached to the principal building by a completely enclosed passageway, or by having a wall or a part of a wall in common with it, shall be considered an integral part of the principal structure and not an accessory building.
C.
Inflatable enclosures. In addition to all other applicable requirements, inflatable enclosures of ground space shall be permitted only as accessory uses and only when:
(1)
The inflatable enclosure is screened so that substantially all the inflatable enclosure is not visible from adjacent public roads and lots. "Substantially all" will be satisfied if 75% of the structure is screened at full growth of the screening vegetation. Fifty percent of the required screening must be accomplished at planting. Screening shall also meet the requirements of § 400-73 of the planned residential development portion of this chapter relative to compliance with the Grounds Maintenance Guide, measurement of views and types of screening to be used.
(2)
The enclosure is set back not less than 200 feet from any property line or street line.
(3)
All heaters, fans, air pumps and other similar equipment or items which make noise are located inside the inflatable enclosure and suitably buffered to prevent noise audible on adjoining streets or properties.
(4)
The decibel level of such heaters, fans, air pumps and other similar equipment or items does not exceed 50 decibels, measured at the property line, for the land on which the inflatable enclosure is located.
(5)
Inflatable enclosures may only be used from October 31 to April 30 and must be deflated and removed at all other times.
(6)
An inflatable enclosure may never be the only building on a lot.
(7)
The enclosure may not exceed 20 feet in height above the average level of the ground upon which it stands.
D.
Solar panels.
[Added 10-17-2022 by Ord. No. 721]
(1)
Repair and replacement of existing solar panels is exempt from § 400-14H of the Code of Ordinances provided that there is no expansion of the area covered by the solar panels.
(2)
Roof-mounted solar panels shall, upon application to and approval by the Code Compliance Officer, be a permitted accessory use in all zoning districts in the Borough. A person seeking to install a roof-mounted solar panel on a property in the Borough shall submit an application to and in the form prescribed by the Code Compliance Officer. The Code Compliance Officer has the authority to approve or, if it does not meet the applicable requirements of the Code, disapprove such application, or may request additional information if the application is not sufficient to permit him to make a decision. Unless the PA Uniform Construction Code provides for a longer review period (such as in the case of a commercial application), one of these initial actions must be taken by the Code Compliance Officer within 15 business days of the first business day after his receipt of the application. Failure to take this initial action timely shall result in deemed approval of the application.
(3)
Solar panels and associated equipment shall meet the setback and height requirements for the zoning district in which they are located.
(4)
Solar panels and associated equipment shall not block required parking.
(5)
Nonfunctioning solar panels shall be removed within three months of becoming nonfunctional.
(6)
Permitted roof-mounted solar panels shall include integrated solar panels as the surface layer of the roof structure with no additional apparent change in relief or projection (the preferred installation), or separate flush-mounted solar panels attached to the roof surface. No signage or graphic content may be displayed except the manufacturer's logo, safety information and equipment specifications.
(7)
Solar panels exceeding four square feet in area are not permitted in any front yard, on any face of a building or structure facing a street unless integrated with the ordinary construction of said building or structure, and/or in view of any adjacent street, except roof-mounted solar panels as set forth herein.
(8)
All exterior electrical lines shall be in conduit and painted in a color scheme that matches as closely as reasonably possible the color of the structure and materials adjacent to the conduit (i.e., the conduit on walls should be painted the color of the structure or the wall while conduit on roof should be the color of the roof). All exterior plumbing lines must be painted in a color scheme that matches as closely as reasonably possible the color of the structure and materials adjacent to the plumbing lines.
(9)
It shall be a violation of this chapter to install or use a solar panel which is not permitted by the Borough.
§ 400-34.1 Small wireless facilities.
[Added 10-18-2021 by Ord. No. 717]
A.
General standards. Small wireless facilities (SWF) shall be permitted in all zoning districts (except where utilities are or are required to be underground) upon application to the Borough's Code Compliance Official in the form he provides based on the preferred location criteria in Subsection B below.
(1)
SWF encompasses facilities that meet the following conditions:
(a)
The facilities:
[1]
Are mounted on structures 50 feet or less in height, including their antennas as defined by the FCC; or
[2]
Are mounted on structures no more than 10% taller than other adjacent structures; or
[3]
Do not extend existing structures on which they are located to a height of more than 50 feet or by more than 10%, whichever is less;
(b)
Each antenna associated with the deployment, excluding associated antenna equipment (as defined in the definition of "antenna" by the FCC), is no more than three cubic feet in volume;
(c)
All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any preexisting associated equipment on the structure, is no more than 28 cubic feet in volume;
(d)
The facilities do not require antenna structure registration under FCC regulations; and
(e)
The facilities do not result in human exposure to radio-frequency radiation in excess of the applicable safety standards specified by the FCC.
(2)
In addition, the application must demonstrate the following:
(a)
No SWF, if outside a Borough-owned right-of-way, shall be erected within the required setbacks in the zoning district in which it is proposed. One additional foot of setback will be required for every one foot of height over 30 feet.
(b)
There shall also be required for all SWF (other than those which are completely invisible from the outside because of being completely concealed within, for example, a church steeple) a setback of 10 feet more than the height of the SWF from any occupied structure on another lot, including dwelling units, schools, and churches.
(c)
No SWF shall be permitted in any front yard.
(d)
The SWF must be erected in compliance with the manufacturer's requirements and accepted engineering standards with standard engineering drawings provided for review, including any applicable federal standards.
(e)
The width of the base of the SWF shall be no more than one foot at ground level. At 30 feet (if not the top), the maximum width shall be one foot. At the top, the maximum width shall be one foot. (The top of the structure shall be deemed to include, for this subsection, all areas within three feet of the highest point of the SWF.) Only the following items are permitted to be placed on the SWF: lights (but only if and to the extent required by the FAA); any foliage or other devices which disguise or otherwise screen the SWF; and antennas to transmit and receive communication signals regulated by the FCC. None of the items permitted in the preceding sentence shall be considered in calculating the width of the SWF.
(f)
The SWF shall be securely anchored in a fixed location on the ground or securely attached on another structure which is in turn securely anchored on the ground. The applicant shall provide qualified documentary evidence that the proposed structure and any existing structure to which the antenna is attached will withstand wind, snow, ice and other natural forces.
(g)
The SWF, or the yard area containing the SWF, shall be protected and secured to guarantee the safety of the general public. Fencing (which must comply with the applicable provisions of this code) or installation of anticlimbing safety devices will be required at a minimum to demonstrate compliance with this subsection. Associated structures which support the antennas shall not be located within the required setbacks.
(h)
The applicant shall submit a site plan or survey of the property or land proposed for the SWF that is certified by an engineer, land surveyor or architect.
(i)
The SWF can be located on a lot which contains other uses permitted in the zoning district in which the SWF is to be located.
(j)
The SWF and its operation will comply with all applicable federal regulations.
(k)
The applicant will submit a copy of its FCC license and, in the case of co-location, approval of the pole owner. Any grant of a permit hereunder will automatically lapse if said license or approval ever expires or lapses.
(l)
The applicant must demonstrate that the height of the top of the SWF is the lesser of: a) 50 feet above ground level; or b) the minimum necessary to service the service area requirements of the applicant. If the applicant is applying for height in addition to its requirements, it must submit agreements and details regarding the user of the additional height and the facilities to be placed within the SWF.
(m)
All SWF must be stealth facilities. A stealth facility is an SWF which is not recognizable as a conventional SWF (e.g., exposed wires, equipment boxes and antennas), but instead is disguised or concealed in such a fashion as to conform to its surroundings. Examples of such stealth facilities include a facility which looks like a tree or one which is concealed in a church steeple or existing building, concealed within or made part of a light standard, traffic signal pole, telephone pole or flagpole. Equipment shall also be buried to aid in the stealth design. In determining conformity to surroundings, the Borough will consider the following factors at a minimum:
[1]
Height and types of trees (if applicable and when compared with the proposed SWF);
[2]
Height and types of structures within sight distance of the proposed SWF;
[3]
Nature of neighborhood (e.g., residential, church, golf club, park);
[4]
The proximity of the SWF to neighboring properties and structures;
[5]
Vehicular sight distance at intersections and horizontal and vertical curves; and
[6]
Use of right-of-way for existing or future trails, existing and future drainage systems (both above and below ground), berm mowing, vehicular parking, MS-4 drainage structures, and systems and safe runoff area for vehicles.
(n)
The applicant must use the applicant's best efforts to fly an all-weather balloon or place an alternative object at or near the proposed location of the SWF for at least 14 days before the filing of the application and shall notify the Borough when it has done so. The balloon or object must be red and at least 18 inches in diameter, if spherical, or 18 inches in height and width, if rectangular. The top of the balloon or object must be at a maximum proposed height of the SWF.
(o)
SWFs shall have a 500-foot separation between poles for new installations. If installed on existing utility poles or light standards or other existing structures and concealed in a canister or are flush-mounted on the pole, the separation requirement shall not apply.
(p)
In granting the application, the Borough may attach reasonable conditions warranted to protect the public health, safety and welfare, including, but not limited to, location, fencing, screening, increased setbacks and the right to use said facilities for public purposes.
(q)
All application approvals under this section will automatically lapse if not used for six continuous months. In such a case, all portions of the SWF will be removed by the applicant, its successors or assigns, as soon as possible, but not longer than four months after the conclusion of the said six-month period. If the applicant, its successors, and assigns fail to remove the SWF, the owner of the SWF will be responsible for all costs incurred by the Borough for removal.
(r)
A previously approved approval will lapse if an entity operating an SWF in the Borough does not provide reasonable cooperation with another applicant attempting to co-locate on a said existing SWF.
(s)
All approvals will be only for the specific facilities outlined in the application.
(t)
A lease, license or permit of land to install and operate an SWF shall not be considered a subdivision for purposes of the definition of "subdivision" in this code.
(u)
The applicant shall submit a written statement that explains in plain factual detail whether and why the proposed wireless facility qualifies as a "small wireless facility" as defined by the FCC in 47 CFR 1.6002(1). A complete written narrative analysis will state the applicable standard and all the facts that allow the Borough to conclude the standard has been met; bare conclusions not factually supported do not constitute a complete written analysis. As part of the written statement, the applicant must also include:
[1]
Whether and why the proposed support is a structure as defined by the FCC in 47 CFR 1.6002(m); and
[2]
Whether and why the proposed wireless facility meets each required finding for a small cell permit.
(v)
The application process for applicants (as defined in the Act) for co-location or installation of SWF in a public right-of-way shall be that set forth in Section 4 of the Act. Nothing in this section shall exempt applications for co-location or installation of SWF in the Borough from the permitting requirements set forth in Chapter 160 of the Borough Code.
B.
Preferred locations. When evaluating an application for an SWF for compliance with this chapter, the applicant and the Borough Code Official will take into account whether any preferred locations are technically feasible and potentially available. Any locations closer to a residential dwelling than the proposed height of the SWF plus 10 feet or otherwise not listed below shall be considered "discouraged." All applicants for an SWF must propose locations according to the following preferences, ordered from most to least preferred:
(1)
Private property co-located within existing structure(s) or proposed replacement structures in the I/O Zoning District and no closer to a residential dwelling than the proposed height of the SWF plus 10 feet;
(2)
Private property in a new structure(s) in the I/O Zoning District and no closer to a residential dwelling than the proposed height of the SWF plus 10 feet;
(3)
Co-located on existing or replacement structure(s) in the public right-of-way of an arterial road in the I/O Zoning District and no closer to a residential dwelling than the proposed height of the SWF plus 10 feet;
(4)
New structure(s) in the public right-of-the way of an arterial road in the I/O Zoning District and no closer to a residential dwelling than the proposed height of the SWF plus 10 feet;
(5)
Co-located on existing or replacement structure(s) in the public right-of-way of a collector road in the I/O Zoning District and no closer to a residential dwelling than the proposed height of the SWF plus 10 feet;
(6)
New structure(s) in the public right-of-way of a collector road in the I/O Zoning District;
(7)
Private property co-located on existing structure(s) or proposed replacement structures in A, B, C and D Zoning Districts and no closer to a residential dwelling than the proposed height of the SWF plus 10 feet;
(8)
Private property in new structure(s) in A, B, C and D Zoning Districts and no closer to a residential dwelling than the proposed height of the SWF plus 10 feet;
(9)
Co-located on existing or replacement structure(s) in the public right-of-way of an arterial road in A, B, C and D Zoning Districts and no closer to a residential dwelling than the proposed height of the SWF plus 10 feet;
(10)
New structure(s) in the public right-of-way in the A, B, C, and D Zoning Districts and at least 500 feet from a residential dwelling;
(11)
Co-located on existing or replacement structure(s) in the public rights-of-way of an arterial road in the A, B, C and D Zoning Districts and no closer to a residential dwelling than the proposed height of the SWF plus 10 feet;
(12)
New structure(s) in the public right-of-way of a collector road in the A, B, C and D Zoning Districts and no closer to a residential dwelling than the proposed height of the SWF plus 10 feet; and
(13)
Co-located on existing or replacement structure(s) in the public rights-of-way of a local road in the A, B, C and D Zoning Districts and no closer to a residential dwelling than the proposed height of the SWF plus 10 feet.
