Green Tree City Zoning Code
ARTICLE V
Supplemental Regulations
§ 420-45 Purpose.
A.
The purpose of this article is to establish standards and policies for uses in all districts that require particular considerations. These regulations will supplement general development standards by establishing uniform criteria for each use — whether a permitted use by right or a conditional use — and are set forth to achieve compatibility with the principal uses permitted in a zoning district. The provisions for this article shall apply in addition to any other applicable zoning regulations. Each designated use must comply with the enumerated sections beneath the heading.
B.
All conditional uses shall comply with the following performance standards in order to determine whether or not a proposed use so complies. Council may obtain a qualified consultant to testify, whose cost for services shall be borne by the applicant seeking approval of such proposed use.
(1)
Fire protection. Fire prevention and firefighting equipment acceptable to the American Insurance Association shall be readily available when any activity involving the handling or storage of flammable or explosive materials is carried on.
(2)
Electrical disturbance. No activity shall cause an electrical disturbance adversely affecting radio, television or other equipment in the vicinity.
(3)
Noise. Noise determined to be objectionable because of volume, frequency or beat shall be muffled or otherwise controlled. However, fire sirens and related apparatus used solely for public purposes are exempt from this requirement.
(4)
Vibrations. Vibrations detectable without instruments on neighboring property in any district are prohibited.
(5)
Odors. Malodorous gas or matter which is discernible on any adjoining lot or property is prohibited.
(6)
Air pollution. Pollution of the air by fly ash, dust, smoke, vapors or other substances harmful to human or animal health, vegetation or other property is prohibited.
(7)
Glare. Lighting devices which produce objectionable direct or reflected glare on an adjoining property or thoroughfare are prohibited.
§ 420-46 Agricultural operation.
A.
Minimum lot size for an agricultural operation is five acres.
B.
All agricultural practices shall comply with the Pennsylvania Department of Environmental Protection (DEP) standards regarding nutrient management.
C.
Commercial composting is prohibited. Any on-site composting shall be limited for use on premises on which such composte is made and produced.
D.
Solid and liquid wastes shall be disposed of frequently in a manner to avoid creating insect or rodent problems, or a public nuisance. No emission of noxious, unpleasant gases shall be permitted in such quantities as to be offensive outside the lot lines of the tract occupied by an agricultural user.
E.
The Borough must be provided with a written disposal plan.
F.
Surface water runoff shall be diverted away from adjacent properties and shall not contaminate downstream watercourses.
G.
No offensive noise, vibration, smoke or other particulate matter, heat, humidity, glare or other objectionable effects shall be produced.
H.
One accessory structure may be erected for a private stable, pen, barn, shed, or silo for raising, treating, and storing products raised on the premises. The structure shall not exceed a total GFA of 1,000 square feet and 20 feet in height.
I.
Surface under roofed stables must be made of a material that provides for proper drainage so as not to create offensive odors, insect breeding, or other potential nuisances.
J.
Fences for pens, corrals, or similar enclosures for livestock must be of sufficient height and strength to retain the animals. No pen, corral, or similar enclosure may be closer than 50 feet to an adjacent property line.
K.
Any agricultural operation shall not be approved by the Borough until erosion and sedimentation control plan has been prepared and found satisfactory by the Allegheny County Conservation District, if said plan is applicable.
§ 420-47 Animal day care.
A.
Animal day cares shall be licensed by the Commonwealth of Pennsylvania.
B.
Kennels/overnight boarding facilities shall not be permitted unless submitted as part of an application for kennels/boarding facilities.
C.
Such uses shall be located at least 25 feet from any property line adjoining an existing residential district.
D.
Hours of operation shall be between 6:00 a.m. and 8:00 p.m.
E.
Outdoor runs and similar facilities shall be constructed in the rear yard only, and shall be constructed for easy cleaning, shall be adequately secured by a fence with a self-latching gate and shall be screened by a six-foot-high compact hedge or 100% opaque fence on all sides which are visible from an existing residential lot or a public right of way.
F.
At no time shall the animals be permitted to run loose on the lot other than in a completely enclosed area.
§ 420-48 Animal hospital.
A.
Animal hospitals shall be licensed by the Commonwealth of Pennsylvania.
B.
Such uses must comply with the setback, side yard and front yard requirements for the district in which they are located.
C.
Such uses shall be located at least 100 feet from any property line adjoining a residential use or zoning classification.
§ 420-49 Assisted living facility.
A.
Licensed by the Commonwealth of Pennsylvania.
B.
The minimum site shall be five acres.
C.
The maximum dwelling unit density shall be 12 units per acre.
E.
In addition, the facility may include one or more of the following supporting uses, subject to approval by the Borough:
(1)
Postal station for the use of residents and staff only;
(2)
Banking facility for the use of residents and staff only;
(3)
Pharmacy and/or medical offices for the use of the residents only;
(4)
Personal services for the use of the residents only, including beauty shop, barbershop, common laundry facilities, and dry-cleaning valet;
(5)
Florist/gift shop for the use of the residents and their invited guests only;
(6)
Taxi, van or similar transportation services for the residents.
§ 420-50 Bank.
§ 420-51 Banquet facility.
A.
The banquet facility shall be the primary use on the property.
B.
Buildings for such conditional use shall be limited as follows:
(1)
The maximum overall height shall be limited to one story. However, the height of such building may not exceed 32 feet measured from the lowest exterior ground elevation along the perimeter of the building.
(2)
The total floor area, exclusive of any basement used solely for storage, shall not exceed 10,000 square feet.
C.
Hours of operation shall be limited to between 5:30 a.m. and 2:00 a.m. of the next day, prevailing time.
D.
Except for those banquet facilities that comply with § 420-51E(1) through (6) below, the dispensing, serving and consumption of food and beverages shall be restricted to the inside of the building.
E.
Banquet facilities satisfying the following requirements may serve and consume food and beverages in designated outside area:
(1)
One side of the designated outside area must be attached to the building containing the conditional use;
(2)
The designated outside area shall be located so that no side abuts a residential district or use;
(3)
The designated outside area shall be screened on all sides with a planting area or other type of screening providing a minimum of three feet in height above the floor elevation of the designated outside area. This screening device must be in addition to any railing or guards required under the applicable building code;
(4)
Neither music, entertainment of any type or nature, nor excessive noise, sound or disturbance shall be allowed or permitted in the designated outside area;
(5)
Lighting devices which produce objectionable, direct or reflected glare on an adjoining property or thoroughfare are strictly prohibited; and
(6)
The hours of operation of the designated outside area must be limited to between 11:00 a.m. and 11:00 p.m.
F.
Off-street parking as set forth in Article IV must be provided not only for the principal building containing the conditional use but also for any designated outside area. In calculating the outside area for purposes of off-street parking, the gross exterior dimensions of such designated outside area devoted to the consumption and service of food and beverages, exclusive of any buffer area or screening devices, shall be added to the GFA.
§ 420-52 Bar/tavern/drinking establishment.
A.
The hours of operation shall be limited to between 11:00 a.m. and 2:00 a.m. of the next day, prevailing time.
B.
Buildings for such conditional use shall be limited as follows:
C.
Except for those facilities that comply with § 420-52D(1) through (6) below, the dispensing, serving and consumption of food and beverages shall be restricted to the inside of the building.
D.
Facilities satisfying the following requirements may serve and consume food and beverages in designated outside area:
(1)
One side of the designated outside area must be attached to the building containing the conditional use;
(2)
The designated outside area shall be located so that no side abuts a residential district or use;
(3)
The designated outside area shall be screened on all sides with a planting area or other type of screening providing a minimum of three feet in height above the floor elevation of the designated outside area. This screening device must be in addition to any railing or guards required under the applicable building code;
(4)
Neither music, entertainment of any type or nature, nor excessive noise, sound or disturbance shall be allowed or permitted in the designated outside area;
(5)
Lighting devices which produce objectionable, direct or reflected glare on an adjoining property or thoroughfare are strictly prohibited; and
(6)
The hours of operation of the designated outside area must be limited to between 11:00 a.m. and 12:00 midnight of the next day, prevailing time, except in the Neighborhood Commercial District which shall be limited to between the hours of 11:00 a.m. and 10:00 p.m.
E.
Off-street parking as set forth in § 420-38 must be provided not only for the principal building containing the conditional use but also for any designated outside area. In calculating the outside area for purposes of off-street parking, the gross exterior dimensions of such designated outside area devoted to the consumption and service of food and beverages, exclusive of any buffer area or screening devices, shall be added to the GFA.
G.
No outdoor dining area shall cause or permit any sound, noise, music or audio of any type or nature to generate an A-weighted sound level in excess of 68 dB when measured at any of the property lines on which the designated outdoor dining area is located.
§ 420-53 Bed-and-breakfast inn.
A.
The owner/operator shall live on the premises.
B.
No alteration to the exterior of the principal or accessory structure shall be made which changes the character of the premises from that of a residential structure.
C.
All interior alterations shall require building permits and adhere to all building code requirements.
D.
The maximum occupancy per bedroom shall be two guests. In no case shall more than six guests be permitted in the structure.
E.
Breakfast and/or afternoon tea shall be the only meals provided and shall be provided only to overnight guests of the bed-and-breakfast.
F.
There shall be no separate cooking facilities in the guest rooms.
G.
No events, meetings or other activities shall be permitted for or attended by persons other than overnight guests.
H.
The minimum rear yard shall be 40 feet and shall not accommodate any structure or parking.
I.
All ingress/egress must be provided from an arterial street, and which is under control and requirements of the Pennsylvania Department of Transportation.
J.
Illuminated double-sided signage is permissible, but no signage shall exceed four square feet per side.
K.
There shall be a minimum of 15% of lot coverage for structures and parking surfaces that are impervious. An additional 5% lot coverage can be utilized for parking, provided that the permeable surface is in accordance with the Pennsylvania Department of Environmental Protection (PADEP) BMP Manual.
L.
There shall be an additional one parking space per guest bedroom in addition to the required parking for a single-family residential dwelling as outlined in § 420-38. In no case shall the additional parking be permitted in front of the main structure.
N.
All parking shall be in the rear of the main structure.
O.
All applicable licenses from any state or county agency must be obtained conspicuously displayed.
§ 420-54 Boardinghouses.
A.
Boarding homes and group quarters shall be licensed by the Commonwealth of Pennsylvania.
B.
The building shall meet the legal requirements of the community as to building codes and fire protection and emergency vehicle access.
C.
Persons being kept in group quarters shall not be bedfast or suffering from any communicable disease.
D.
No separate kitchen shall be installed for any person being kept in boarding homes or group quarters.
§ 420-55 Boat storage, indoor.
§ 420-56 Business services.
A.
Business services shall be limited to activities with a performance impact typical of office and retail activities.
B.
The business service shall not produce odors, gas, dust or any other atmospheric pollutant detrimental to the health, safety or general welfare of persons living or working in the surrounding area, nor shall it produce noise more than applicable noise standards under state law and the Borough Code.
§ 420-57 Catering business.
A.
A minimum lot size of one acre is required.
B.
The outside storage of trailers associated with the catering business shall be screened from view of adjacent residential properties and shall be limited to five vehicles.
C.
On-site pick up and drop off shall be limited to the hours of 5:00 a.m. to 7:00 p.m.
§ 420-58 Cemetery.
A.
A cemetery shall comply with the following:
(1)
Licensed by the Commonwealth of Pennsylvania.
(2)
A minimum site of 10 acres is required. Any building or area used for storage of equipment shall be setback a minimum of 50 feet from any lot in a residential district.
(3)
A drainage plan shall be submitted with the application for the use showing existing and proposed runoff characteristics.
(4)
A ground water study prepared by a hydrologist or registered engineer qualified to perform such studies shall be submitted with the application.
(5)
All property lines adjoining residential use or zoning classification shall be screened by buffer yard "A" as defined by § 420-35 of this chapter.
(6)
All maintenance equipment shall be properly stored in an enclosed building when not in use.
(7)
Burial sites shall comply with the setbacks required for principal structures in the zoning district and burial structures shall not be located within 100 feet of any property line adjoining residential use.
(8)
The applicant shall submit legal provisions for review by the Borough to show that an acceptable system will be in place to assure the long-term maintenance of the cemetery.
§ 420-59 Church/place of worship.
A.
A church/place of worship shall comply with the following:
(1)
The minimum lot size shall be 2 1/2 acres.
(2)
A single-family, detached dwelling unit not exceeding 2,500 square feet may be located on the same lot as the primary building and must meet the lot requirements outline in § 420-20D. The dwelling unit must be occupied by employee(s) of the church/place of worship. The residential dwelling unit must meet all setback and zoning requirements for the district.
(3)
Accessory use/uses may not occupy more than 30% of the building and may include:
(a)
Day-care center (must maintain state license).
(b)
Kitchen.
(c)
Gymnasium/recreational facility.
(d)
Meeting room.
(e)
Other uses that are customarily accessory to religious uses and places of worship.
(f)
All ingress/egress must be provided from an arterial street which is under the control and satisfy the requirements of the Pennsylvania Department of Transportation.
§ 420-60 Compressor station.
A.
A Compressor station shall comply with the following:
(1)
A company desiring to operate a compressor station or processing plant shall obtain all permits required by any governmental or regulating agency.
(2)
Access to any facility shall be arranged to minimize danger to traffic, nuisance to surrounding properties and to maintain the integrity of municipal roads. The following standards apply:
(a)
Any newly established private easements/roadways constructed on the parcel containing the facility shall be located at least 50 feet from any property line unless written consent is obtained from the adjoining property owner(s);
(b)
The access road to the facility, beginning with its intersection with a municipal road, shall be paved for the first 50 feet and be constructed with an additional 150 feet of limestone in a manner that would reasonably minimize water, sediment or debris carried onto any public road. If the access road or access way is less than 200 feet in length, the entire access road or access way shall meet these conditions. This shall be in place prior to the commencement of any facility operations;
(c)
All roads and accessways shall be constructed and maintained to prevent dust and mud from the surrounding area. A method of dust abatement shall be utilized during dry weather and under no circumstances shall brine water, sulfur water or water in mixture with any type of hydrocarbon be used for dust abatement.
(3)
Prior to development, the applicant shall provide to the Borough a copy of its emergency response plan. Also, the applicant/operator shall, at its sole cost and expense, provide to emergency services appropriate site orientation with adequate information and ongoing training on dealing with any potentially dangerous conditions that may result from development activities.
(4)
Noise-generating equipment, exceeding municipal Zoning Code standards, shall be fully enclosed in a sound reduction structure that conforms to the character of the zone in which it exists. All applicable development plans permits and regulations shall apply to the enclosure. During normal operations, the structure shall remain fully enclosed, with all doors and windows remaining closed unless during times of egress.
(5)
Compressors and other power-driven equipment shall utilize sparkless electric motors, when practicable, as an alternative to internal-combustion engines, unless the applicant can demonstrate that the alternative engines are not inconsistent with the objectives of any Borough Zoning Code. All electrical installations and equipment shall conform to Borough Zoning Codes and the applicable national codes.
(6)
The applicant agrees to reimburse the Borough for all reasonable and direct professional consultant fees incurred by the Borough related to the site inspection, including, but not limited to, the Borough Engineer, Borough Solicitor and any other reasonable and direct consultant fees incurred for the review and approval process, and for any specialized work called for in the permit.
(7)
A secured entrance gate on the access road shall be required and all gates are to be kept locked when the operator or its employees are not on the premises. All storage tanks, separation facilities, or other mechanical or production equipment on the operation site shall be completely enclosed by a permanent chain-link fence. Standards for the chain-link fence and secured gate are as follows:
(a)
The chain-link fence shall be at least eight feet in height;
(b)
Support posts shall be set in concrete and shall be imbedded into the ground to a depth sufficient to maintain the stability of the fence;
(c)
The chain-link shall be dark green or black steel wire;
(d)
The chain-link fence shall have, at a minimum, eleven-gauge thickness;
(e)
Posts and rails shall be black or dark green standard socket construction or similar design;
(f)
Tension rods shall be 3/8-inch round steel bolt stock. Adjustable tighteners shall be turnbuckle or equivalent having a six-inch minimum take-up. Tension bars shall have minimum thickness of 1/4 inch by 3/4 inch;
(g)
All chain-link fences shall be equipped with at least two gates. At least one of the gates shall meet the following specifications:
[1]
The gates shall be of black or dark green chain-link construction that meets the applicable specifications or of other approved material that, for safety reasons, shall be at least as secure as the chain-link fence.
(h)
Fencing shall be equipped with interlocking opaque slats, mesh, or other screening material approved by the Borough. Color of materials shall be uniform and complementary to the color of the fence and painted equipment. Approved colors shall include, but not be limited to, green, brown, tan, and black.
(8)
No applicant shall permit any lights located on any operation site to be directed in such a manner so that they shine directly on a public road, adjacent property or property in the general vicinity of the operation site. To the extent practicable, and considering safety considerations, site lighting shall be directed downward and internally so as to avoid glare on public roads, protected uses, and adjacent dwellings and buildings. Exterior lights shall be turned off except when personnel are working on site or motion sensors are activated.
(9)
Building permits, zoning certificates and certificates of occupancy, where applicable, shall be obtained from the Borough, and applications must include:
(a)
A description of proposed site or modification to an existing site with identification whether the site is in a wetland or floodplain;
(b)
Anticipated construction start and completion dates;
(c)
A plot plan of the site showing a clearly marked scale, all property lines, all buildings, water wells, water sources and rights-of-way;
(d)
The applicant shall apply for a Borough-assigned address at the time of building permit application;
(e)
All additional requirements that may be modified or added by subsequent Zoning Code or required by Pennsylvania law.
(10)
The applicant shall apply for a road use maintenance agreement, pay the prescribed fee, and adhere to all conditions set forth in the agreement.
(11)
The standards for the road use maintenance agreement shall be determined during the conditional use hearing.
(12)
The following minimum setback distances must be adhered to:
(a)
The minimum distance to any protected structure shall be 1,500 feet;
(b)
A setback reduction approval may be authorized by the Borough Council, provided that the applicant can submit compelling evidence that such a reduction is absolutely necessary and will not be detrimental to the purposes of this chapter;
(c)
All aboveground equipment including compressor engines and any structure in which they are enclosed must be set back a minimum of 100 feet from any adjacent property lines or rights-of-way.
(13)
The facility signage shall be clearly visible for all 911 emergency services at the location where the access road intersects with the Borough- or tate-owned road and at the entrance gate to each facility. The signage must include:
(14)
No compressor station shall be constructed on soil that is classified as either Class 1 or Class 2 by the U.S. Department of Agriculture (USDA) Natural Resources Conservation Service and published in the Allegheny County Soil Survey.
(15)
The applicant shall comply with all applicable state and federal regulations and shall show evidence of obtaining the required state and/or federal permits, including proof of insurability, before initiating any work and maintaining the required permits throughout the duration of all operations. The applicant shall notify the Borough immediately of any suspension or revocation of the required state and/or federal permits. Upon notification of said suspension or revocation, the Borough-issued permits will hereby be deemed suspended or revoked until state and/or federal compliance is reached.
(16)
The applicant shall submit a road use plan showing the proposed routes of all trucks to be utilized for hauling equipment, supplies and the like and the estimated weights of those trucks and the estimated number of trucks entering and exiting the facility on a daily basis, as well as keep a record/log of actual use which may be requested from time to time by the Borough Council. In conjunction with the Borough, the applicant shall design the hauling routes to and from the facility to minimize the impact on local roads. At no time shall any overweight vehicle travel upon any Borough roads, or portion thereof, other than the specified portion of Borough roads for which security has been provided.
§ 420-61 Construction and building related trades.
A.
The proposed use, exclusive of building, construction and material mixing plants or similar facilities and operations which are prohibited in all districts as set forth in § 420-18, shall not involve any element or cause any condition that may be dangerous, injurious or noxious to any other property or person.
B.
The proposed use shall be sited, oriented and landscaped to produce a harmonious relationship between the buildings and grounds of the proposed use and adjacent buildings and properties.
C.
The proposed use shall produce a total visual impression and environment which are consistent with the environment of the neighborhood in which the proposed use will be located.
D.
The proposed use shall organize vehicular access and parking to minimize traffic congestion in the neighborhood. To restrict vehicular access, entrance and exit shall be provided, but not necessarily separately.
§ 420-62 Convenience store.
A.
The display and sale of wares shall be restricted to the inside of the structure.
B.
The maximum total floor area shall not exceed 5,000 square feet.
C.
Dumpsters and all trash areas shall be totally screened from the public view.
D.
All loading areas shall be at the rear of the building.
E.
Automotive service, including car wash, shall not be permitted.
§ 420-63 Crematoriums.
A.
Crematoriums shall meet any and all state and federal regulations, including Pennsylvania Department of Environmental Protection standards. They shall not emit any noticeable odor or particulates.
B.
Crematoriums shall have emission stacks that shall be covered or shrouded with materials safe for such uses and that are compatible with the existing or proposed building housing the crematorium. The crematorium and emission stack shall be compatible with the surrounding neighborhood.
D.
Decorative fencing at least 10 feet in height is required between the crematorium and any adjacent residential properties.
§ 420-64 Day-care centers, adult and child.
A.
Licensed by the Commonwealth of Pennsylvania.
B.
A day-care facility operator shall forward a copy of the current certificate of registration as issued by the Department of Welfare to the Borough.
C.
Off-street parking is provided at a rate of one space per employee plus one parking space for every four clients in attendance at any given time. In no instance shall clients or those picking up or dropping off clients idle in the street right-of-way or otherwise block public traffic patterns.
D.
Additionally, 65 square feet of usable and accessible open space shall be provided for each client on the same lot as the use and at a minimum 25% of the lot shall be landscaped and developed as an open space/recreational area in less than 8% slope for the clients.
§ 420-65 Distribution facilities.
A.
All principal use and activities associated with the distribution center shall be conducted within an enclosed building or loading dock zone that complies with the appropriate building code requirements adopted by Green Tree Borough.
B.
The landowner shall provide Green Tree Borough and the emergency service responders (police, fire and ambulance) with a complete list of materials, chemicals and/or substances that are typically stored or maintained on the property that could be considered hazardous or dangerous to the employees, visitors and/or emergency service responders.
C.
Where overnight parking is permitted, the trucks or commercial vehicles utilizing the facilities shall not be kept running or idling for a period of time that exceed the provisions specified by the Pennsylvania Diesel Powered Motor Vehicle Act[1] and other state or federal laws.
[1]
Editors Note: See 35 P.S. § 4601 et seq.
E.
All proposed signs for the warehouse and distribution shall comply with the provisions specified in Article VI of this chapter.
F.
The use and related activities shall not emit noise, glare, vibration, electrical disturbance, electromagnetic interference, dust, smoke, fumes, toxic gas, radiation, heat and/or other perceptible or objectionable nuisances that would impact neighboring properties or be noticeable at or beyond the property line.
G.
Exterior storage areas for trash and rubbish shall comply with the provisions specified under § 420-41 of this chapter.
I.
The disposal of all materials and wastes shall be accomplished in a manner that complies with local, state and federal laws. Should the nature of the use change in the future, such that the materials used or wastes generated changes significantly either in type or amount, the owner shall so inform the Zoning Officer, and shall provide evidence demonstrating continued compliance with these requirements.
§ 420-66 Drive-through facilities.
A.
General regulations.
(1)
A drive-through facility at or near an intersection may be approved only if it is demonstrated that the drive-through will not significantly increase traffic congestion.
(2)
No more than one drive-through aisle may be approved for any single drive-through facility.
(3)
Entries to and exits from a drive-through facility shall be a minimum of 150 feet from the street center line of any intersection or from another drive-through facility on the same side of the street.
(4)
A drive-through facility including drive-through aisles shall provide landscaping to buffer adjacent uses and provide lighting which does not produce any objectionable direct or reflected glare on any adjoining property or thoroughfares.
B.
Parking and circulation.
(1)
No part of a drive-through aisle shall be closer than 100 feet from the property line of any residential use.
(2)
Pedestrian walkways that intersect the drive-through aisles shall have clear visibility.
(3)
Drive-through aisles shall have a minimum twelve-foot width on curves and a minimum eleven-foot width on straight sections.
(4)
Drive-through aisles shall provide 120 feet behind the ordering point. From the ordering point to the pickup window there shall be 100 feet.
(5)
No drive-through aisle shall exit directly into a public right-of-way. A drive-through aisle shall be integrated with the on-site circulation and shall merge with the driveway.
(6)
A drive-through facility shall be designed so that vehicles in the stacking lane may safely exit the drive-through aisle without having to drive by the pickup window.
C.
Screening and landscaping.
(1)
Any drive-through aisle that abuts a landscape area shall be separated from the landscape area by a six-inch-high, poured-in-place concrete curb or other suitable protective device meeting Borough approval.
(2)
No sound, noise, music or audio of any type or nature in excess of an A-weighted sound level of 68 dB when measured at the property line of any adjoining property shall be permitted.
(3)
Landscaping shall screen drive-through aisles from the public right-of- way and shall be used to minimize the visual impacts of menu board ordering devices of any nature.
(4)
Menu boards shall be a maximum of 45 square feet, with a maximum height of seven feet, measured from ground level.
§ 420-67 Dry cleaner.
A.
All dry-cleaning establishments shall follow the rules and regulations imposed by the Pennsylvania Dry Cleaning Law (No. 1990-214).
B.
All materials and equipment shall be stored within a completely enclosed building.
C.
The manufacture of hazardous or potentially hazardous materials shall not be permitted.
§ 420-67.1 Dumpsters.
[Added 4-4-2022 by Ord. No. 1869]
A.
Placement and location of large dumpsters. When authorized by this chapter, a large dumpster may be permitted as a temporary accessory use only to a residential dwelling unit and only if in compliance with the following regulations:
(1)
One large dumpster shall be permitted to be placed on a residential lot.
(a)
At least 14 calendar days prior to the placement of a large dumpster at the residential dwelling unit, the owner/tenant or a contractor for the owner/tenant shall file, along with the necessary building permit application, a dumpster permit application with the Borough Code Enforcement Officer.
(b)
Provided the large dumpster permit application is timely submitted, and the permit fee paid, the Borough Code Enforcement Officer may grant the permit for a period not to exceed 30 days for the current permit of the dumpster, subject to renewal by the Code Enforcement Officer.
(c)
All permits issued shall cover only the work set forth in the permit application; however, in the event that it is necessary to replace a construction or nonconstruction waste dumpster prior to the completion of said work, an additional dumpster permit shall not be required.
(d)
No dumpster shall be filled beyond its top edge. The dumpster shall be emptied as soon as practical when full.
(e)
When not in use, all dumpsters shall be covered with a tarpaulin or otherwise secured as approved by the Building Code Official or designated representative to prevent debris from blowing out of the container.
(f)
Only one permit for a total period not to exceed 30 days in connection with any move into or out of the residential dwelling located on the lot where the large dumpster is located may be granted in a twelve-month period, unless the owner/tenant provides the Borough Code Enforcement Officer with documentary proof that the residential dwelling has been sold during the said twelve-month period, that the lease has terminated, or that an order of eviction or foreclosure has issued.
(g)
A large dumpster may be placed on a private driveway but shall not at any time block or obstruct a public sidewalk. If placed in a driveway, the dumpster must not obstruct all parking spaces so that there is no off-street parking for the residential unit affected, unless approved by the Code Enforcement Officer.
(h)
A permit fee of $50, or a fee as set by resolution of Council, shall be due for the placement of a large dumpster on a residential lot.
(2)
One large dumpster may be permitted to be placed on a Borough street adjacent to the residential lot if there is no physical location on the lot to place the large dumpster. The determination as to the ability to place the large dumpster on a residential lot falls solely within the discretion of the Code Enforcement Officer. If the Code Enforcement Officer concludes that there is no physical location on the lot to place a large dumpster, he/she may grant permission to the property owner to place a large dumpster on a Borough street adjacent to the lot. However, no permits shall be issued for the placement on a county- or state-owned street, road or right-of-way. The issuance of a permit to place a large dumpster on a Borough street shall be subject to the following requirements:
(a)
At least 14 calendar days prior to the placement of the large dumpster on the street at the residential dwelling unit, the owner/tenant shall apply for the necessary dumpster permit along with the necessary building permit application with the Borough Code Enforcement Officer.
(b)
An application of a large dumpster permit shall be filed by the property owner or a contractor employed by the property owner.
(c)
Provided the large dumpster permit application is timely submitted, and the permit fee paid, the Borough Code Enforcement Officer may grant the permit for a period not to exceed 14 days from the date of issuance.
(d)
All permits issued shall cover only the work set forth in the permit application; however, in the event that it is necessary to replace a construction or nonconstruction waste dumpster prior to the completion of said work, an additional permit shall not be required.
(e)
No dumpster shall be filled beyond its top edge. Dumpsters shall be emptied as soon as practical when full.
(f)
When not in use, all dumpsters shall be covered with a tarpaulin or otherwise secured, as approved by the Building Code Official or designated representative, to prevent debris from blowing out of the container.
(g)
Only one permit for a total period not to exceed 14 days in connection with any move into or out of the residential dwelling located on the lot where the large dumpster is located may be granted in any twelve-month period, unless the owner/tenant provides the Borough Code Officer with documentary proof that the residential dwelling has been sold during the said twelve-month period, that the lease has terminated, or that an order of eviction or foreclosure has issued.
(h)
The placement of a large dumpster upon a Borough street shall not be such as to constitute a safety hazard to person or property.
(i)
The placement of the large dumpster shall not impede or endanger the free flow of pedestrian or vehicular traffic.
(j)
A large dumpster shall not be placed closer than 20 feet to a crosswalk intersection or fire hydrant.
(k)
A large dumpster placed on a public right-of-way shall bear reflective markings in sufficient positions and with sufficient reflective capacity to provide reasonable warning to approaching nighttime traffic of its location. At least one reflective traffic barricade shall be placed on the approaching traffic side of the large dumpster at all times. The Green Tree Police shall be called upon to approve the location of the large dumpster in the right-of-way and inspect the reflective markings for adequacy. Any revisions or additions required by the Green Tree Police shall be instituted and maintained immediately after notification.
(l)
A large dumpster placed on a Borough street shall bear the permit holder's name and telephone number displayed on the traffic side of the dumpster, in a conspicuous location no higher than six feet above the street grade, plainly visible to passersby and kept there for the duration of the permit.
(m)
In the event of an emergency, any large dumpster may be removed by the Borough or a designated representative, and/or police or fire personnel. The Borough shall not be liable for any loss or damage caused by such emergency removal.
(n)
A permit fee of $100, or a fee as set by resolution of Council, shall be due to the placement of a large dumpster on a Borough street for an initial period of seven days and shall not be extended for more than a total of 14 days.
(o)
Any damage to the street surface caused by the placement, removal, or changing of a large dumpster shall be repaired by the permit holder as directed by the Borough Code Enforcement Officer. Failure to repair any damage within 60 days will result in the Borough repairing the damage and placing a lien on the subject property for the cost of the repairs plus a 10% processing fee.
(3)
In the event the need for a large dumpster is due to any catastrophic loss or damage to any structure on the residential lot where the large dumpster is located resulting from fire, water, sewage backup, flooding, mine subsidence, or any other natural disaster or other similar damage, one large dumpster may be placed on the residential lot without a permit for a period not to exceed 30 days.
(a)
Upon issuance of a building permit for the repair, renovation, or reconstruction of any such structure on the residential lot resulting from fire, water, sewage backup, flooding, mine subsidence, or any other natural disaster, or other similar damage, a large dumpster permit will not be required and the period for which the large dumpster may remain on the residential lot shall be equal to the period of the duration to complete the work set forth in the building permit for the repair, renovation, or reconstruction of any such structure on the residential lot.
(4)
Council reserves the right to amend by resolution all fees referenced herein.
(5)
Any permit issued hereunder shall be prominently displayed on the main residential dwelling so as to be visible from the street.
B.
Placement and location of small dumpsters. When authorized by this chapter, a small dumpster may be permitted as a temporary accessory use only to a residential dwelling unit and only if in compliance with the following regulations:
(1)
One small dumpster shall be permitted to be placed on a residential lot.
(a)
No dumpster shall be filled beyond its top edge. The dumpster shall be emptied as soon as practical when full, but in no event shall the period exceed 30 days.
(b)
When not in use, all dumpsters shall be covered with a tarpaulin or otherwise secured to prevent debris from blowing out of the container.
(2)
Small dumpsters shall not be permitted to be placed on any Borough, county, or state-owned street.
(3)
In the event the need for a small dumpster is due to any catastrophic loss or damage to any structure on the residential lot where the small dumpster is located resulting from fire, water, sewage backup, flooding, mine subsidence, or any other natural disaster or other similar damage, one small dumpster may be placed on the lot for a period not to exceed 30 days.
(4)
A small dumpster may be placed on a private driveway, but shall not at any time block or obstruct a public sidewalk. If placed in a driveway, the small dumpster must not obstruct all parking spaces so that there is no off-street parking for the residential unit affected, unless approved by the Code Enforcement Officer.
§ 420-68 Dwelling, multifamily, duplex, garden apartment, residence over business.
A.
Minimum yard, maximum building height and lot coverage plus gross residential density requirements shall be complied with.
B.
Off-street parking facilities, comprising one parking space per dwelling unit shall be provided.
§ 420-68.1 Dwelling, multifamily, high-rise apartment.
[Added 4-4-2022 by Ord. No. 1868]
A.
The area and bulk regulations under the applicable zoning district shall apply.
B.
Building size and spacing. The following requirements shall apply to all high-rise apartment buildings:
(1)
Maximum building height: 100 feet.
(a)
The height of any building erected or enlarged shall not exceed 100 feet, measured from the mean exterior ground elevation along the perimeter of the building.
(b)
The height of the building shall be measured to the highest point of the main roof. Only the following structures may be constructed above the main roofline, and the same shall not be included in determining the height of the building, provided that no material, supply or property of any kind is stored therein or occupies any space therein:
[1]
Machinery rooms not exceeding 20 feet in height, containing elevator machinery and/or other mechanical equipment;
[2]
Enclosed air-conditioning cooling towers;
[3]
Entrances to stairwells;
[4]
Chimneys not exceeding 20 feet in height;
[5]
Antennas not exceeding 20 feet in height; and
[6]
Cupolas, dormers, gables, steeples, ridgelines, hips, mansards or any other protrusion not exceeding 20 feet in height, provided that this does not include any living space.
(2)
Maximum building length: 250 feet.
(3)
Minimum building spacing: 50 feet between buildings.
(4)
Minimum setback from any public street to the structure (not a garage): 15 feet from the curbline.
(5)
Minimum setback from any public or private street to the structure should be 15 feet from the sidewalk. If there is not a sidewalk, then the setback should be 20 feet from the curbline.
(6)
Minimum setback from any district boundary line (nonresidential/residential): 75 feet.
(8)
No structure shall be located within five feet of a municipal boundary line.
C.
Buildings within the development shall be designed to provide individual dwelling units with views and direct access to required open space areas.
D.
Buildings shall be set back a minimum of 15 feet from common parking areas and shall be set back a minimum of 25 feet from common refuse areas.
E.
Buildings must be set back a minimum of 25 feet from property boundaries.
F.
The minimum size of any dwelling unit shall be 600 square feet.
G.
Sidewalks shall be provided to connect dwellings with parking areas, recreational areas/open space and refuse facilities.
I.
Parking. There shall be 1 1/2 off-street parking stalls per unit. The parking requirements set forth in Article IV of this chapter shall apply unless they are inconsistent with this article or otherwise specifically excepted. The general requirements regarding stall size and maneuvering aisles shall apply as set forth in § 420-38.
J.
Required parking shall adhere to those standards set forth in § 420-38. Parking areas shall be adequately landscaped to provide shade, to screen vehicles from public streets, and to reduce glare and noise within the development. Parking lots shall be set back a minimum of 25 feet from any right-of-way and shall be screened with landscaping. Landscaping shall be provided around the perimeter of all parking areas, except for access points and walkways.
§ 420-69 Dwelling, multifamily, mid-rise apartment.
A.
The area and bulk regulations under the applicable zoning district shall apply.
B.
Mid-rise apartment dwellings consisting of multiple buildings shall adhere to the following regulations:
(1)
The maximum length of a mid-rise building shall be 175 feet.
(2)
Mid-rise buildings are encouraged to be located in clusters which create common areas, rather than situated parallel to one another. Where clustering is not feasible due to site conditions, there shall be no more than three abutting buildings parallel to each other within the development.
(3)
Staggered setback of dwelling units and a variation in facade design shall be encouraged to offer visual variety, individualism, and some private yard area. It is recommended that no more than two contiguous units shall have the same facade setback within a building. Changes in setbacks shall be a minimum of four feet.
(4)
Buildings within the development shall be designed to provide individual dwelling units with views and direct access to required open space areas.
(5)
Buildings shall be set back a minimum of 15 feet from common parking areas and shall be set back a minimum of 25 feet from common refuse areas.
(6)
Buildings must be setback a minimum of 25 feet from property boundaries.
(7)
Sidewalks shall be provided to connect dwellings with parking areas, recreational areas/open space and refuse facilities.
(8)
The minimum size of any dwelling unit shall be 600 square feet.
[Added 4-4-2022 by Ord. No. 1868]
E.
Required parking shall adhere to those standards set forth in § 420-38. Parking areas shall be adequately landscaped to provide shade, to screen vehicles from public streets, and to reduce glare and noise within the development. Parking lots shall be setback a minimum of 25 feet from any right-of-way and shall be screened with landscaping. Landscaping shall be provided around the perimeter of all parking areas, except for access points and walkways.
§ 420-70 Educational institution.
A.
The minimum lot size shall be 2 1/2 acres.
B.
All ingress/egress must be provided from an arterial street.
C.
There shall be a minimum rear lot of 45 feet to any abutting residential use.
D.
There shall be a minimum side yard of 30 feet.
E.
All outdoor play areas shall be adjacent to main structure.
F.
All indoor recreation space shall not exceed 25% of the structure.
G.
Maximum height shall not exceed 25 feet.
§ 420-71 Family day care (adult or child).
A.
Family day care homes, as defined in Article II, shall only be permitted in single-family detached dwellings or single-family semidetached dwellings and the operator/caregiver shall be a permanent resident of the dwelling unit.
B.
Family day care homes must hold an approved and currently valid DPW registration certificate. In addition, all day care facilities shall comply with all current DPW regulations, including those standards governing adequate indoor space, accessible outdoor play space, and any applicable state or local building and fire safety codes.
C.
The operator of a family day care home or group day care home will allow appropriate representatives of the Borough to enter the property at reasonable times to inspect such use for compliance with the requirements of this section and all other applicable municipal and state zoning codes and regulations.
D.
Any addition or improvement to an existing residential structure or property for purposes of child day care shall preserve its residential character. The scale, bulk, height, and roof pitch of any addition and the building materials used shall be compatible with the existing structure.
E.
One on-site drop-off space for clients shall be provided. An existing driveway or common parking lot space may be used as the drop-off area if it can be demonstrated that there is sufficient space available in the driveway that is not otherwise occupied or committed to safely accommodate a parked vehicle. If a driveway is used for the drop-off area and the proposed use fronts on an arterial or major collector street, an on-site turnaround area shall be provided so that vehicles can exit the site driving forward. In cases where the existing driveway cannot function as a drop-off area, an on-site drop-off space shall be provided.
(1)
In cases where the drop-off area cannot be accommodated on the site, the applicant shall demonstrate that there is on-street parking or some other available parking area located within 250 feet of the property line of the proposed facility.
(2)
The required drop-off area may be waived by the municipality if the applicant can demonstrate that the clients of the family day care home will walk to the facility, thereby eliminating the need for the additional parking space.
F.
The operator shall demonstrate that the children in the family day care home can safely, quickly, and easily vacate the premises in case of emergency.
G.
The hours of drop-off and pick-up of children and of outdoor play shall be limited to between 7:00 a.m. and 7:00 p.m.
§ 420-72 Farmers markets.
A.
Any temporary signage erected during hours of operation shall be removed daily.
B.
The market shall not operate more than one day per week during the months of May, June, July, August, September, and October.
C.
All outdoor displays and sale of merchandise shall begin no earlier than 3:00 p.m. and be completed no later than official sunset.
D.
The retail sales area shall be set back at least 20 linear feet from all property lines and shall be calculated as part of the maximum permitted lot coverage, regardless of its surface treatment.
F.
Exterior trash and recycling receptacles shall be provided within any outdoor retail sales area. All trash receptacles shall be daily emptied as to prevent the scattering of litter and debris.
§ 420-73 Flea market.
A.
The flea market shall have well maintained restroom facilities and shall comply with Pennsylvania Department of Environmental Protection, Regional Office facilities regulations.
B.
The flea market shall have adequate on-site parking, including areas for customer parking and vendor loading/unloading. Required parking shall be one space for every 200 square feet of indoor/outdoor sales area.
C.
The flea market shall maintain an opaque fence of at least six feet in height around the perimeter of the market area (parking areas may or may not be excluded).
§ 420-74 Funeral homes (including mortuaries).
A.
The minimum lot area shall be one acre.
B.
The site shall have frontage on and direct vehicular access to an arterial or collector street.
C.
All off-street parking areas which adjoin residential zoning classification shall be screened by a six-foot-dense, compact evergreen hedge.
D.
Traffic circulation on the lot shall be designed to minimize congestion and provide for the lining up of vehicles on the property without obstructing the free flow of traffic on adjoining streets or alleys.
§ 420-75 Garages, community.
A.
Access for community garages shall be off alleys or shared driveways only.
B.
Parking shall be available for up to six vehicles.
C.
No machinery or industrial equipment, chemicals or pollutants or otherwise hazardous substances may be stored in the garage structure.
D.
Outside storage is strictly prohibited.
E.
Community garages shall not exceed one story in height.
F.
Community garages shall be an accessory use to residential uses only.
§ 420-76 Garage, yard or estate sales.
A.
Garage/yard sales shall be conducted by residents on the residential lot where their permanent dwelling unit is located.
B.
Garage/yard sales conducted pursuant to this section shall not require any permit or temporary occupancy permit for such a use.
C.
In any calendar year, no more than two garage/yard sales shall be permitted on the same residential lot.
D.
In any calendar year, no more than two garage/yard sales shall be permitted by the same sponsoring organization on Borough-owned property.
E.
Garage/yard sales shall be considered an accessory use and not a home occupation home-based business.
F.
Garage/yard sales conducted pursuant to this section shall only be permitted on Saturday and Sunday during the hours of 8:00 a.m. and 6:00 p.m.; for purposes of § 420-76C and D above, a garage sale or yard sale conducted on a Saturday or Sunday of the same weekend shall be deemed one garage sale or yard sale.
§ 420-77 Garden centers.
A.
All outdoor display areas shall be set back at least 15 feet from the street right-of-way.
B.
Items sold may include any of the following: ornamental plants, flowers, shrubs and trees cultivated in a nursery; seed, fertilizer, garden pesticides and herbicides in retail quantities and packaging; garden hand tools; plant containers; garden statuary and furniture; landscape lighting; bird feeders and supplies; and seasonal ornaments and novelties, such as Christmas wreaths and decorations.
C.
The provision of landscape design and or installation services may be included in the use, provided that such services are accessory to the principal use and offered to clients whose residence or place of business exists elsewhere.
D.
Outdoor storage of lawn and garden supplies, such as mulch, fertilizer, topsoil and related landscape or garden supplies, such as ornamental stone or gravel, are permitted only where expressly authorized.
E.
A liner of impermeable materials or fabric shall be required underneath the outdoor storage of lawn and garden supplies such as mulch, fertilizer, topsoil and related landscape or garden supplies to limit groundwater contamination.
§ 420-78 Gasoline stations.
A.
There shall be a minimum of 500 feet from another gasoline service station and shall not be less than 50 feet from a residential lot or residential zoning district.
B.
Pumps shall be minimum of 15 feet to any property line.
C.
The width of any entrance driveway leading from the public street to such service station shall not exceed 30 feet at its intersection with the street line, unless otherwise dictated by the Pennsylvania Department of Transportation. No two driveways leading from a public street to such service station shall be within 15 feet of each other at their intersection with the street line, unless otherwise dictated by the Pennsylvania Department of Transportation.
F.
Apart from gasoline dispensing, the display and sale of wares and repair of vehicles shall be restricted to the inside of a permanent structure.
G.
All canopies and tanks must be removed when the property ceases to be used as a gasoline service station.
§ 420-79 Golf course/golf driving range.
A.
All property lines adjoining a residential use or zoning district shall provide fencing at a height enough to prevent golf balls from going off site.
B.
All principal structures, such as pools, bathhouses, restaurants, or clubhouses, shall be set back at least 100 feet from the front lot line and at least 50 feet from other lot lines.
C.
Outdoor lighting for buildings and facilities may be approved, provided it is directed away from residential uses and public rights-of-way.
D.
Activities which produce an objectionable level of noise to surrounding residential properties shall not be permitted.
E.
Hours of operation are limited from 5:30 a.m. to 12:00 midnight.
§ 420-80 Group residential facilities.
A.
A minimum of one acre is required for this type of development, and total density shall not exceed 10 residents per acre.
B.
A group residential home shall not include business or professional offices (other than incidental offices), business activities, fraternal or social clubs, hospitals, clinics or other such activities.
C.
Lot, yard and all other dimensional requirements of the zoning district in which the facility is located shall be met, except that such requirements may be reduced by the governing body when the building proposed to house the facility is an existing structure that has been established as appropriate for a similar institution through a preexisting use.
E.
Whenever individuals seek to occupy a dwelling or other building as a group residential facility, the party or parties shall file a detailed statement of intent describing the proposed use of the dwelling or building, which statement shall detail the proposed number and nature of anticipated occupants, with the Borough. A license or certification shall be obtained from the Commonwealth of Pennsylvania prior to the issuance of the occupancy permit.
F.
The individuals shall comply with any additional standards, as determined by Borough Council that are needed to protect the public health, safety and welfare of the individuals of the facility and the community.
§ 420-81 Health clubs.
A.
Accessory or subordinate uses contained within a building occupied by the health club shall be limited to:
(1)
Administrative offices; fitness equipment facilities; sports training facilities; therapeutic spas; aerobic training facilities; cardiovascular training facilities; swimming pools; racquetball courts; tennis courts; volleyball courts; and/or other similar uses.
(2)
The accessory uses shall only be made available to the members of the health club or fitness center.
B.
All means of ingress and/or egress shall be located, designed and constructed to provide a safe and efficient mode of transportation for all individuals utilizing the facility.
§ 420-82 Home-based businesses, no impact.
A.
A business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which involves no customer, client or patient traffic, whether vehicular or pedestrian, pickup, delivery or removal functions to or from the premises, in excess of those normally associated with residential use. The business or commercial activity must satisfy the following requirements:
(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 processes 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 25% of the habitable floor area.
(8)
The business may not involve any illegal activity.
§ 420-83 Hospitals.
A.
The property shall be served by public water and public sewers.
B.
All hospitals and/or medical centers shall be licensed by the Commonwealth of Pennsylvania and the license shall be maintained throughout the occupancy. Failure to maintain the license shall be grounds for revocation of the certificate of occupancy.
C.
Water pressure and volume shall be adequate for fire protection.
D.
Ingress, egress from the street, and internal traffic circulation shall be designed to ensure access by emergency vehicles.
G.
Disposal of medical waste shall be in accordance with all applicable permits and handling requirements of the Pennsylvania Department of Environmental Protection (PADEP) and the U.S. Environmental Protection Agency (EPA).
H.
If a private use helipad for air emergency vehicles shall be proposed, it shall meet all requirements and certifications of the Federal Aviation Administration (FAA).
§ 420-84 Hotels.
§ 420-85 Independent living facilities.
A.
No such use shall be operated without approval and, where appropriate, licensing by such agencies as the Pennsylvania Department of Social Services, the Pennsylvania Department of Health, and other such appropriate local, state and federal agencies which may have authority in a particular case.
B.
The maximum dwelling unit density shall be 24 rooms per acre.
D.
No such use shall be established except on a lot fronting on and having access to a road designated as a collector street.
E.
No structure used for or in conjunction with such use shall be located closer than 100 feet to any lot line in any residential district.
G.
All waste disposal storage areas shall be located within the rear yard in compliance with applicable setback requirements and shall be enclosed by screening and fencing as provided for in § 420-41.
H.
All means of ingress and/or egress shall be located, designed and constructed in order to provide for a safe and efficient mode of transportation. The applicant shall be responsible for the purchase and installation of any traffic control devices and the construction of additional acceleration and/or deceleration lanes as may be required by the Pennsylvania Department of Transportation and the municipality.
I.
All medical waste, biohazardous materials, equipment, red-bag waste, and other similar items, which, because of their potential health risks, shall be discarded in a manner specified by local, county, state, and federal laws.
M.
Off-street parking shall be as required by the provisions set forth in § 420-38 of this chapter. All off-street parking and loading areas shall be effectively screened in accordance with the provisions set forth in § 420-38A(8) of this chapter.
§ 420-86 Institutional home.
A.
The institutional home shall be owned and sponsored by a governmental agency, a public or private charitable organization, their licensed or certified agent or a nonprofit social service corporation.
B.
Supervision shall be provided by adults who are certified to provide such supervision by the owner of the service.
C.
Supervision shall be provided by a minimum of two adults on a twenty-four-hour-per-day basis while residents are on the premises.
D.
The number of residents shall be limited to no more than 14 persons, including clients, staff and family of staff. Client residents shall be limited to 10 persons.
E.
All minimum front yard, side yard and rear yard requirements as well as maximum lot coverage as defined in the applicable zoning district shall be complied with. Nonconforming structures shall not be used as an institutional home.
G.
Exterior open space, usable and accessible to the clients, shall be provided at a minimum rate of 65 square feet per client.
§ 420-87 Kennels.
A.
The operator or owner of a kennel shall hold all current state and local licenses and permits for the location, activity, and number of animals so specified.
B.
Any exterior fenced area wherein animals exercise or are otherwise exposed must be located a minimum of 25 feet from any principal structure on adjacent lots.
C.
Outdoor runs and similar facilities shall be constructed for easy cleaning, shall be adequately secured by a fence with a self-latching gate and shall be screened by a minimum six-foot-high compact hedge or 100% opaque fence on all sides which are visible from an existing residential lot or a public right of way.
D.
Any structure used to house animals shall be equipped with code-approved nontoxic noise-dampening material or acoustic tile. If adjacent properties are developed as residential lots, the kennels shall be soundproofed to minimize noise impact on adjacent properties.
E.
All kennels shall operate under a plan approved by the Borough for the disposal of animal waste.
F.
At no time shall animals be permitted to run loose on the lot other than in a completely enclosed area.
§ 420-88 Laundromats.
§ 420-89 (Reserved) [1]
[1]
Editor's Note: Former § 420-89, Methadone treatment facilities, was repealed 4-4-2022 by Ord. No. 1868.
§ 420-90 Minor garages.
A.
When separated from the dwelling, a minor garage shall be permitted, if it is not closer than three feet from the side lot line and 60 feet from the front lot line, providing a minimum rear set-back of 15 feet.
B.
On through lots, no portion of the garage, except the cornice, may project 12 inches into the required yard, shall be nearer to the rear lot line than the building line fixed by this article on adjoining lots and in no case nearer to the rear lot line than 20 feet. In the case of corner lots, no wall of the garage shall be nearer to the side street line than the line fixed by this article for the main building. A minor garage may exceed a two-vehicle capacity, provided that the area of the lot whereon such minor garage is located is comprised of not less than 3,000 square feet for each vehicle stored.
§ 420-91 Motor vehicle washes.
A.
The lot proposed for a car wash shall contain at least 10,000 square feet and shall provide an off-street paved parking lot.
D.
The lot proposed for the car wash shall front on, and have direct access to, an arterial or collector street.
E.
The ingress and egress points of a car wash, or any driveway thereon, shall not be located so to impede the safe operation of any intersection.
F.
Access points and driveways shall be planned and shared between properties to the greatest extent possible.
G.
The circulation system shall provide the continuous traffic flow and conflicts between major pedestrian movement and vehicular circulation shall be minimized.
H.
Any trash or service area of a car wash shall be fully screened from other properties and public streets.
I.
To the extent practical, wash bays shall be sited parallel to the adjacent street in such a way as to use the frontage efficiently and be oriented away from any abutting residentially zoned property.
J.
If accessory vacuuming facilities are provided, a minimum of one parking space shall be provided for each vehicle capable of being serviced at any one time.
K.
Parking stalls for accessory vacuuming facilities shall not interfere with circulation or entrance or exit drives.
L.
All car washes are required to be equipped with, and shall maintain in operation, a water recycling system that will recycle not less than 50% of the water being used by such a car wash.
§ 420-92 Nightclubs.
A.
Nightclubs shall cease operations between the hours of 2:00 a.m. and 5:00 p.m.
B.
There shall be no noise or vibration discernible along any property line greater than the average noise level occurring on adjacent streets and properties.
C.
All operations shall be conducted within a completely enclosed building and doors and windows shall remain closed during hours when entertainment is presented.
D.
The owner/operator of the nightclub shall provide private security, licensed under the laws of the Commonwealth of Pennsylvania, if the maximum permitted occupancy allowed by the Building or Fire Codes for the nightclub exceeds 100 persons.
E.
Any nightclub that proposes a maximum permitted occupancy allowed by the Building or Fire Codes of 200 or more persons shall be located at least 500 feet from any property line that adjoins a residential zoning classification.
§ 420-93 Nurseries/greenhouses.
A.
The raising, of plants, trees, flowers, and shrubs shall be clearly the primary use of the property and shall not include retail sales of materials.
B.
Impervious surface coverage shall not exceed 60%.
C.
No greenhouse shall be located closer than 100 feet to the nearest property line.
D.
Hours of operation are limited to 5:30 a.m. until 12:00 midnight.
§ 420-94 Nursing health care facilities, personal care facilities and skilled nursing facilities.
A.
No such use shall be operated without approval and, where appropriate, licensing by such agencies as the Pennsylvania Department of Social Services, the Pennsylvania Department of Health, and other such appropriate local, state and federal agencies which may have authority in a particular case.
B.
The maximum dwelling unit density shall be 35 rooms per acre.
D.
No such use shall be established except on a lot fronting on, and having access to, a road designated as a major collector (or higher) unless the Green Tree Borough Zoning Hearing Board finds that the type and amount of traffic generated by the facility is such that it will not cause an undue impact on the neighbors or adversely affect safety of road usage.
E.
No structure used for or in conjunction with such use shall be located closer than 100 feet to any lot line in any residential district.
F.
Off-street parking shall be as required by the provisions set forth in § 420-38 of this chapter. All off-street parking and loading areas shall be effectively screened in accordance with the provisions set forth in § 420-38A(8) of this chapter.
§ 420-95 Oil and gas wells.
A.
Operator shall comply with any generally applicable bonding and permitting requirements for Borough roads that are to be used by overweight vehicles and equipment for oil and gas development/drilling activities. For state roads located within the Borough, operator shall provide a copy of the highway occupancy permit for overweight vehicles to the Borough.
B.
Operator shall ensure that all public roads utilized remain free of dirt, mud and debris resulting from oil and gas development/drilling activities and/or shall ensure such roads are promptly swept or cleaned if dirt, mud and debris occur on them during the said development/drilling.
C.
Operator shall take all necessary precautions to ensure the safety of persons in areas established for pedestrian road crossing and/or adjacent to roadways. Where necessary and permitted, during periods of anticipated heavy or frequent truck traffic associated with oil and gas development/drilling, operator will provide flagmen to ensure the safety of pedestrians and include adequate signs and/or other warning measures for truck traffic, vehicular traffic, and pedestrian traffic.
D.
On any application, for development/drilling of oil or gas well operations, the operator shall show the proposed routes of all trucks to be used and the estimated weights of such trucks. All road weight limits shall be followed, unless a bond and an excess maintenance agreement is provided to and accepted by the Borough for the protection of its roads.
E.
Operator shall not clear brush or trees by way of burning, and shall chip, grind or remove all tree stumps from properties it clears for oil and gas development/drilling purposes and shall promptly remove such debris to prevent the creation of any health hazard or public safety issue.
F.
Prior to oil and gas development/drilling, operator shall provide to the Borough's Police Department, its Fire Department emergency medical services provider, and its Emergency Management Director ("first responders") and to the Borough's Zoning Officer, a copy of its preparedness, prevention and contingency (PPC) plan that is satisfactory to the Borough.
G.
Before drilling, the Borough shall ascertain whether the Borough's Police, Fire Department emergency medical services provider and its Emergency Management Director have secured adequate information to deal with any potentially dangerous conditions that may result due to oil and gas development activities. First responders shall have on-site orientation and be provided adequate information on the site setup and operation of the development. Upon request from the Borough, operator will, prior to drilling of an oil and gas well, make available to it with at least 60 days' notice, at operator's sole cost and expense, an appropriate site orientation for first responders. Such site orientation shall also be made available immediately after any substantial modification to the oil and gas development/drilling or well site, but not less than annually during the period when the operator anticipates drilling activities in the Borough.
H.
Operator shall develop and implement an appropriate dust control program, which must be approved by the Borough prior to implementation.
I.
As the specific location of equipment and facilities is an important and integral part of oil and gas development/drilling, as part of the planning process operator shall strive to consider location of its temporary and permanent operations, where prudent and possible, so as to minimize interference with Borough residents' enjoyment of their property and future Borough development activities.
J.
As adequate and appropriate lighting is essential to the safety of those involved in oil and gas development/drilling, the operator shall direct site lighting downward and inward toward the drill site, wellhead, or other area being developed so as to prevent glare or spillover on public roads and adjacent buildings and lands.
K.
Oil and gas drilling activities and associated equipment shall comply with all applicable federal and state safety standards.
L.
Vehicular access to a natural gas well, oil well, or well pad solely via a residential street is discouraged. Vehicular access to a natural gas well, oil well, or well pad via a collector street is encouraged.
M.
The applicant shall make reasonable efforts to avoid and/or mitigate any disruption or loss of radio, telephone, cellular phone, television, or similar signals, and shall mitigate any harm caused by the oil and gas use in a timely manner. Signal impairment to the Green Tree Borough communications system shall not occur under any circumstances.
N.
The well bore shall be located a minimum setback distance, dependent on the use of the adjacent property, as follows:
(1)
Well bore shall be set back 200 feet from any of the following:
(a)
Any right of way line of the nearest public or private road respectively;
(b)
From property line of publicly owned land;
(c)
Designated Pennsylvania Department of Conservation and Natural Resources (DCNR) trailheads or boating/canoe launch points; and
(d)
Building sor sites registered or eligible to be registered on the National Register of Historical Places or the Pennsylvania Register of Historic Places.
(2)
All other setbacks for structures, buildings, and production equipment shall comply with Article III.
(3)
Side and rear setback requirements shall not apply to well pads where common law, contractual rights or statutory provisions authorize the surface use to cross property lines.
(4)
The setback requirements of this section may be reduced when the applicant submits information acceptable to the Borough establishing, where applicable, that literal compliance with the setback requirement is shown to be unreasonable, would cause undue hardship, or when an alternative standard can be demonstrated to provide equal or better results.
O.
Thirty days prior to drilling any oil and gas well in the Borough, the operator shall provide the following information to each landowner/tenant located within 1,500 feet of the planned surface location of the well(s):
(1)
A copy of the well site survey plat showing the location(s) of the planned well(s);
(2)
A detailed description of the planned operations at the planned well site and associated equipment to be used in the oil and gas development of the well site;
(3)
The telephone contact information for the operator; and
(4)
The dates, times and locations of the operator's availability to meet with the said landowners/tenants to present operator's plans for the well(s) and to allow for questions and answers. The meeting(s) shall be held prior to well site construction.
P.
Upon the filing of an application for conditional use under this section, the operator shall provide to the Borough Manager:
(1)
A map showing the planned access route to the well site by use of public roads;
(2)
Copies of all applicable leases, contracts, and waivers enabling the conditional use;
(3)
Information on the status of road bonding;
(4)
The operator's erosion and sedimentation plan;
(5)
The well survey plat showing the planned surface location(s) of the well(s), including DEP permit numbers, if available at submittal, or, if not available at submittal, provided when issued later;
(6)
The telephone contact information for the operator; and
(7)
A detailed site plans. The proposed site development plan shall be a topographic plan, prepared by a professional engineer registered in the Commonwealth of Pennsylvania, to a scale no greater than one inch equals 200 feet, on a standard sheet size of 24 inches high by 36 inches wide, to include the following:
(a)
Title block giving name of development, landowner, developer, North point, key location map, registration stamp, date and scale on a standard sheet size of 24 inches high by 36 inches wide, with index;
(b)
Property lines, Zoning Code district boundary lines and total acreage of parcel proposed for development;
(c)
All existing streets, rights-of-way, and easements related to the development;
(d)
Owners of adjacent properties, including the location of any existing structures and driveway locations;
(e)
Location of relevant natural features on site, including, but not limited to, streams or other natural watercourses and adjacent areas which are subject to flooding, and significant stands of existing trees;
(f)
The location of relevant natural features abutting properties within 300 feet, including, but not limited to, streams or other natural watercourses and adjacent areas which are subject to flooding, and significant stands of existing trees;
(g)
The location of structures on abutting property within 300 feet of common property lines and the location of any protected structures as defined in this section;
(h)
The location of all mineral removal structures, facilities, equipment or buildings;
(i)
The location of existing structures, buildings and accessory uses on site;
(j)
The location of vehicle and equipment cleaning and tire cleaning areas;
(k)
A program for removing dirt, mud and other site debris from the public roads;
(l)
The location of proposed access roads and proposed haul roads;
(m)
The location of storm water and sediment controls or any water impoundment facilities;
(n)
A copy of any permit or permit application issued by or submitted to the Pennsylvania Department of Environmental Protection; and
(o)
The location, depth and profile of any proposed pipelines for water, gas, oil or other substance.
Q.
For any oil and gas well, the operator shall:
(1)
Install temporary safety fencing at least six feet in height around drilling and hydraulic fracturing equipment and permanent fall protection fencing in accordance with OSHA standards around any pits or open areas that contain or could contain any fluids greater than two feet in depth.
(2)
Install adequate warning signs around the perimeter of the well site giving notice of the potential hazards existing at the well site.
(3)
Maintain at least one security guard 24 hours per day at all times when a drilling rig or hydraulic fracturing equipment is on the well site.
R.
As oil and gas development/drilling is accompanied by inherent noise, the regulations in this section are intended to establish a process for reasonable noise control, provide for a response to individual complaints, and require that undue noise be addressed and abated, where feasible, without the Borough dictating the particular operational steps that must be taken. The operator shall take the following steps to minimize, to the maximum extent practicable, the noise resulting from the development:
(1)
Prior to drilling an oil and gas well, the operator shall establish a continuous seventy-two-hour ambient noise level at the nearest protected structure property line or 100 feet from the nearest protected structure (as measured to the closest exterior point of the building), whichever is closer to the protected structure. The sound level meter used in conducting any evaluation shall meet the requirements of ANSI 51.4-1974. All such tests shall be conducted in accordance with ASTM E1014-08. For the purposes of this section, a "protected structure" shall be any occupied residence, commercial business, school or church located within 1,500 feet of the surface location of an oil or gas well that may be impacted by noise generated from drilling or hydraulic fracturing activity at an oil or gas well, excluding any structure owned by an oil and gas lessor who has signed a lease with the operator granting surface drilling rights to drill the subject well or whose owner (or occupants) have signed a waiver relieving the operator from implementation of the measures established in this section of this chapter for the owner's or occupant's benefit.
(2)
The operator shall provide a report developed in accordance with Section 9 of ASTME 1014-08 documenting the measured ambient noise level required under § 420-95R(1) to the Borough's Zoning Officer within two business days of the conclusion of the test, or at any other time upon a request from the Zoning Officer.
(3)
The noise generated during drilling and hydraulic fracturing activities when measured at the nearest protected structure property line or 100 feet from the nearest protected structure (as measured to the closest exterior point of the building), whichever is closer to the protected structure, shall not exceed the average ambient noise level (as determined by the seventy-two-hour evaluation).
(a)
During drilling activities, by more than seven decibels during the hours of 7:00 a.m. to 9:00 p.m.;
(b)
During drilling activities, by more than five decibels during the hours of 9:00 p.m. and 7:00 a.m.; or
(c)
By more than 10 decibels during hydraulic fracturing operations.
(d)
The operator shall provide for ongoing regular noise level monitoring at a station to be located at or near the nearest protected structure property line or 100 feet from the nearest protected structure (as measured to the closest exterior point of the building), whichever is closer to the protected structure. The noise monitoring data acquired at this station shall be made available to the Borough upon request. All measurements shall be taken following the procedures outlined in ASTM E1014-08.
(4)
Adjustments to the foregoing noise limits may be permitted in accordance with the following:
Permitted Increase (dBA) | Duration of Increase (Minutes)* |
|---|---|
5 | 15 |
10 | 5 |
15 | 1 |
20 | 1 |
* | Cumulative minutes during any one hour. |
(5)
If a complaint is received by the Borough from any person, whether a resident or user of any protected structure, located within 1,500 feet from the wellhead or equipment generating noise during drilling or hydraulic fracturing activities, the operator shall, within 24 hours of receipt of the complaint from the Borough, continuously monitor for a forty-eight-hour period at a point which is the closer to the complainant's building of:
(6)
When the monitoring is complete, operator will provide the monitoring data to the Borough and will meet with Borough representatives and affected landowners or users to discuss what noise abatement measures are warranted and if the permitted levels set forth herein were exceeded. If permitted levels are exceeded, the operator shall utilize the services of a person with expertise in noise measurement, remediation and abatement and in gas and oil well drilling and operation to study, with the involvement and input of the Borough Engineer, any possible remedial measures, including but not limited to construction of sound walls and placement of acoustic blanketing for sound insulation. The results of the study shall be provided in a written report to the Borough as to whether any such remedial measures are effective and feasible based on all the relevant circumstances, including the noise level, the extent that the permitted noise level is exceeded, the number of protected structures adversely affected and their location, the nature and type of drilling equipment being utilized, and whether the use of any such remedial measures would create a safety hazard or be contrary to state or federal regulation.
(7)
Exhaust from any internal combustion engine or compressor used in connection with the drilling of any well or for use on any production equipment or used in development shall not be discharged into the open air unless it is equipped with an exhaust muffler or an exhaust box. The exhaust muffler or exhaust box shall be constructed of noncombustible materials designed and installed to suppress noise and disruptive vibrations. All such equipment with an exhaust muffler or exhaust box shall be maintained in good operating condition according to the manufacturer's specifications.
(8)
All workover operations shall be restricted to the hours of 6:00 a.m. to 10:00 p.m., except as necessary, as reasonably determined by the operator. The Borough shall be provided with reasonable notice of any workover operations.
(9)
In cases where noise has exceeded permitted levels and gas and oil well drilling rigs can be outfitted with acoustic barrier insulation blankets, such barriers shall be installed in accordance with best management practices in the industry; provided, however, that no such acoustic barrier shall be required where its use would be contrary to a preempted applicable state or federal regulation, or where its use would create a safety hazard in the opinion of the Borough Engineer or of any regulatory agency with jurisdiction.
S.
Section 420-95R shall not apply to such oil and gas wells that are planned to involve drilling of a single well on a well site for no more than seven consecutive days total in any calendar year.
T.
In order for the Borough to appropriately enforce the conditions imposed by this chapter, to make certain that the health, safety and welfare of its residents and landowners are met and to determine if the use remains compatible with various zoning districts in the Borough, if the operator engages in any noise testing as required by this chapter, operator will provide the final results to the Borough within two business days of the operator's receipt of those final results.
§ 420-96 Parcel delivery services.
A.
Receiving areas shall be completely screened from view of residential properties by walls or landscaping, or both.
B.
All ingress/egress must be provided from arterial road.
C.
Parking area(s) for delivery vehicles will be screened by an opaque fence.
D.
All waste disposal storage areas shall be located in the rear yard in compliance with all setback requirements of the applicable zoning district and shall be screened as provided for in § 420-41 of this chapter.
E.
The maximum size limit of any such structure shall not exceed 40,000 square feet.
§ 420-96.1 Portable storage containers.
[Added 4-4-2022 by Ord. No. 1869]
When authorized by this chapter, a portable storage container may be permitted as a temporary accessory use only to a residential dwelling unit and only if in compliance with the following regulations:
A.
One portable storage container shall be permitted to be placed on a residential lot.
(1)
At least 14 calendar days prior to the placement of a portable storage container at the residential dwelling unit, the owner/tenant or a contractor for the owner/tenant shall file a portable storage container permit application with the Borough Code Enforcement Officer.
(2)
Provided the portable storage container permit application is timely submitted and the permit fee paid, the Borough Code Enforcement Officer may grant the permit for a period not to exceed 30 days, subject to renewal by the Code Enforcement Officer.
(3)
No portable storage container shall be filled beyond its top edge.
(4)
When not in use, all portable storage containers shall be covered with a tarpaulin or otherwise secured as approved by the Building Code Official or designated representative to prevent debris from blowing out of the container.
(5)
Only one permit for a total period not to exceed 30 days in connection with any move into or out of the residential dwelling located on the lot where the portable storage container is located may be granted in a twelve-month period, unless the owner/tenant provides the Borough Code Enforcement Officer with documentary proof that the residential dwelling has been sold during the said twelve-month period, that the lease has terminated, or that an order of eviction or foreclosure has issued.
(6)
A portable storage container may be placed on a private driveway but shall not at any time block or obstruct a public sidewalk. If placed in a driveway, the storage container must not obstruct all parking spaces so that there is no off-street parking for the residential unit affected, unless approved by the Code Enforcement Officer.
(7)
A permit fee of $50, or a fee as set by resolution of Council, shall be due for the placement of a portable storage container on a residential lot.
B.
Portable storage containers shall not be permitted to be placed on any Borough, county, or state-owned street.
C.
In the event the need for a portable storage container is due to any catastrophic loss or damage to any structure on the residential lot where the portable storage container is located resulting from fire, water, sewage backup, flooding, mine subsidence, or any other natural disaster or other similar damage, one portable storage container may be placed on the lot for a period not to exceed 30 days, subject to the renewal by the Code Enforcement Officer.
§ 420-97 Printing and publishing services, large scale.
[Amended 4-4-2022 by Ord. No. 1868]
A.
All activities shall take place indoors.
B.
The facility shall be so designed and so constructed that there shall be no danger to the health, safety or welfare of residents or persons on adjoining properties.
C.
All ventilation systems shall be so designed that any fumes or odors shall not be directed towards abutting properties.
D.
On-site pickup shall be limited to the hours of 7:00 a.m. to 7:00 p.m.
§ 420-98 Private clubs or lodges.
A.
Any establishment that includes a restaurant shall further be subject to the off-street parking requirements of § 420-38 for the portion of the building devoted to restaurant use.
B.
Any rental of the facility to nonmembers shall require on-site management and/or security personnel during the event.
C.
Activities on the site and within the building shall comply with the noise standards specified in any applicable Borough nuisance or noise standards.
D.
All off-street parking that adjoins residential zoning classifications shall be screened by buffer yard "A" as defined by § 420-35B.
E.
Adult entertainment is prohibited.
F.
All activities are to be held inside.
§ 420-99 Recreation, indoor/outdoor.
A.
The lot boundaries shall be landscaped as required by the Green Tree Borough Planning Commission to minimize noise projection and make the grounds aesthetically compatible to the surrounding properties.
B.
All structures shall not be less than 25 feet from any property line.
C.
Shall abut a public road and have a permanent access thereto.
D.
Alcoholic beverages without a state liquor control board license, amplified music, and jukeboxes shall be prohibited on the exterior of the premises.
E.
Operating hours for such a facility shall be no earlier than 7:00 a.m. and no later than 11:00 p.m., prevailing time.
F.
All pools shall be surrounded by a fence at least six feet in height, the entrance to which shall be kept locked when an attendant is not present.
G.
Tennis courts shall be protected by a permanent fence 10 feet in height behind each baseline extending 10 feet beyond the playing area in each direction.
H.
All waste disposal storage areas shall be located in the rear yard in compliance with all setback requirements of the applicable zoning district and shall be screened as provided for in § 420-41 of this chapter.
§ 420-100 Recycling facilities.
A.
Recycling facilities are required to be indoor and to comply with the dimensional requirements contained in the Pennsylvania Solid Waste Management Act, 35 P.S. § 6018.101 et seq., and implementing regulations 25 Pa. Code § 271.1 et seq., and any applicable permit issued by the Pennsylvania Department of Environmental Protection, unless such dimensional requirements are waived as provided for in the Pennsylvania Sold Waste Management Act, 35 P.S. § 6018.101 et seq., and implementing regulations, 25 Pa. Code § 271.1 et seq.
B.
No recycling facility shall be located within 200 feet of any existing residence.
C.
All recycling facilities shall be located a minimum of 125 feet from any street right-of-way.
E.
A fence around the perimeter facility shall also be provided. The fence shall be a minimum eight-foot-high privacy fence.
G.
Such premises shall be maintained in a manner so as not to cause a public or private nuisance, a menace to the health or safety of persons on or off the premises, offensive or noxious sounds or odors, the breeding, harboring, or infestation of rats, rodents, or vermin, or a violation of any hazardous substance, health or sanitation law, Zoning Code, or regulation of any governmental body.
H.
The Borough may provide an outdoor recycling dropoff location where designated by Council.
§ 420-101 Repair shops, non-vehicular.
A.
No portion of a repair or service shop or any part of their appurtenances or accessory uses, shall be placed within 25 feet of any residential dwelling.
B.
No outside storage.
§ 420-102 Research and development facilities.
A.
No activities shall be permitted that involve the handling, testing, processing or other use of waste materials resulting from residential, municipal, commercial, industrial, institutional, mining or agricultural operations or from any combination of the above. Such waste materials shall include but not be limited to garbage, refuse, sludge and other discarded materials, including solid, liquid, semisolid or contained gaseous materials.
B.
No activities or substances of a hazardous nature shall be employed, stored or utilized in a manner that will constitute a danger to the health, safety or general welfare of site occupants, adjacent areas or the community at large. All such activities, storage and handling must comply with all federal, state and local laws, rules and regulations regarding hazardous materials and substances. Where reasonable cause for concern is raised by Borough officials, residents or other affected parties, the applicant for a conditional use shall be required to certify that no such conditions will be present.
C.
No outdoor storage shall be permitted.
D.
A research and development facility shall have at least one point of ingress and egress to an arterial, connector or collector road.
E.
The ground surface of off-street parking and loading spaces shall be paved with bituminous, brick, concrete or stone block paving material to protect the surrounding neighborhood from inappropriate dust and other disturbances.
F.
An inventory of toxic, corrosive, flammable, carcinogenic or explosive materials, chemicals, liquids, gases or solids shall be updated annually and filed with the Borough Fire Official.
G.
No more than one sign shall be permitted; said sign shall be a ground or a wall sign.
§ 420-103 Restaurants.
A.
The hours of operation for indoor facilities shall be limited to between 5:30 a.m. and 2:00 a.m. of the next day, prevailing time, in all districts except the Neighborhood Commercial District, where the hours of operation shall be limited to between 5:30 a.m. and 1:00 a.m. of the next day.
B.
Buildings shall not exceed an overall height of 30 feet and are limited to one story. The preparation, serving and consumption of food and beverages shall be restricted to the inside of the building. However, the serving and consumption, but not preparation, of food and beverages may be permitted in a designated outdoor area, as set forth in § 420-103C.
C.
Any designated outdoor area for service and consumption of food and beverages shall strictly comply with the following requirements:
(1)
Each outdoor dining area shall be physically attached to at least one wall of the building containing the restaurant use for which the outdoor dining area is an accessory use.
(2)
An outdoor dining area shall be located a minimum of 100 linear feet on all sides from any residential dwelling located in any zoning district. The outdoor dining area shall be permitted only in the rear or the side yards of the building containing the primary restaurant use.
(3)
The designated outdoor area shall be screened on all sides with a planting area or other type of screening providing a minimum of three feet in height above the floor elevation of the outdoor dining area. This screening device must be in addition to any railing or guards required under the applicable building code.
(4)
The use of any outdoor dining area shall be limited to the hours of 11:00 a.m. through 10:00 p.m., prevailing time.
(5)
Lighting devices for the outdoor dining area shall not in any way produce objectionable, direct or reflected glare on any adjoining property or thoroughfare and, where necessary, appropriate full shielding of the lighting devices servicing the outdoor dining area may be required to achieve this goal.
(6)
Any outdoor dining area shall be located so as to comply with any and all regulations regarding rear and side yard requirements set forth in the zoning district in which the principal use is located.
(7)
No outdoor dining area shall cause or permit any sound, noise, music or audio of any type or nature to generate an A-weighted sound level in excess of 68 dB when measured at any of the property lines on which the designated outdoor dining area is located.
(8)
The gross floor area (GFA) of the outdoor dining area shall be added to the GFA of the restaurant building to which it is attached for any and all purposes authorized under this chapter, including:
(9)
All outdoor dining areas must meet the minimal accessibility requirements of the applicable building code.
(10)
An outdoor dining area shall only be located at the floor level of the primary dining area of the principal restaurant to which it is attached, but in no event, shall any outdoor dining area be located a distance greater than eight feet above grade.
§ 420-104 Retail stores (all sizes).
A.
A traffic impact study shall be submitted if requested by the Green Tree Borough Planning Commission.
B.
Architectural style shall be coordinated to create visual cohesiveness. Within the development collectively constituting the large retail establishment, all buildings, the principal structure, accessory structures, canopies, parking lots and other open spaces as well as signs shall be of a unified design. The Borough may, at the developers cost, retain an architect of their choosing to review the plan for its overall cohesiveness.
C.
Facades greater than 100 feet in length shall incorporate wall plan projections or recesses having a depth of at least 3% of the length of the facade and extending at least 20% of the length of the facade. No uninterrupted length of any facade shall exceed 100 horizontal feet.
D.
Establishments furnishing shopping carts shall provide defined areas on the site for the storage of such carts that shall be clearly marked and designed for such use.
E.
Trash receptacles for patron use shall be provided outside of any establishment with take-out service or convenience shopping.
F.
Sidewalks shall be provided along all street frontage, in front of all stores and commercial uses, and pedestrian access to sidewalks on or adjacent to the property.
§ 420-105 Self-storage facility.
A.
The storage of hazardous materials, such as toxic or explosive substances, is prohibited.
B.
Wholesale or retail sales, garage sales, flea market, or outside storage is prohibited.
C.
The maximum size of the individual storage units shall be 500 square feet.
D.
All areas designed for circulation shall be paved in accordance with Borough paving standards.
E.
Activities must be appropriately scheduled to protect the operation of the surrounding neighborhood from detrimental noise, dust, odor, vibration, light or other disturbance or interruption.
F.
Vehicular access to the lot shall be limited to one, two-way or two, one-way driveways.
G.
Living quarters for one single-family unit that provides on site management of the storage facility is permitted.
H.
All one-way driveways shall have a minimum of one, ten-foot parking lane, plus one, fifteen-foot travel lane.
I.
All two-way driveways shall provide a minimum of one, ten-foot parking lane, plus two, twelve-foot travel lanes. Parking lanes may be eliminated where the driveway does not serve storage units.
K.
Fencing as prescribed in § 420-33 shall be provided around the exterior of the property at the edge of each buffer yard.
L.
Storage units shall not be equipped with water or sanitary sewer service.
M.
No business activity other than rental of storage units shall be conducted on the premises.
§ 420-106 Sexually oriented businesses/adult entertainment establishments/adult entertainment uses.
A.
Sexually oriented business/adult entertainment establishments/adult entertainment uses shall not be located within 500 feet of any residential structure; within 500 feet of any church, school, day care, nursery school, park or playground; or within 500 feet of any other adult entertainment establishment/adult entertainment use as measured in a straight line from the nearest portion of the building or structure containing the adult business to the nearest property line of the premises of the above listed uses.
B.
Advertisements, displays, or other promotional materials for adult entertainment facilities shall not be shown or exhibited so as to be visible to the public from any street, sidewalk, or other public place other than the business identification sign authorized by this chapter.
C.
All building openings, entries, exits, or windows for adult entertainment facilities shall be located, covered, or screened in such a manner as to prevent a view into the interior from any street, sidewalk, or other public place.
D.
In the case of an adult drive-in motion-picture theater, viewing screens shall be situated and screened to prevent observation from any street or adjoining property.
E.
A buffer area at least 50 feet in depth, as measured from the property line, shall be provided along all property lines which adjoin a residential zoning district, in which no structures or parking stalls shall be permitted other than a fence or wall, and in which a combination of evergreen and deciduous plantings shall be installed which shall provide a year-round visual screen at least six feet in height at the time of planting.
F.
There shall be no vehicular access from the site of an adult business to any street along which the majority of lots contain single-family or two-family dwellings.
G.
No music, entertainment of any type or nature, excessive sound, loudspeakers or disturbance shall be allowed or permitted outside the premises.
H.
An adult business lawfully operating as a conforming use shall not be rendered a nonconforming use by the location, subsequent to the grant or renewal of the adult business permit, of a church; public or private preelementary, elementary or secondary school; public library; day-care center or nursery school; public park; or single-family or two-family dwelling within 500 feet. This provision applies only to the renewal of a valid permit and shall not apply when an application for a permit is submitted after a permit has expired or has been revoked.
I.
The owner or operator of an adult business which has a maximum permitted occupancy of 100 persons or more shall provide security, licensed under the laws of the commonwealth.
J.
Liquor or intoxicating beverages shall not be sold or consumed on the premises of an adult business subject to the rules and regulations of the Pennsylvania Liquor Control Board (LCB).
K.
Any adult business, other than an adult motel, which exhibits on the premises in a viewing room (a separate compartment or cubicle) of less than 100 square feet of floor space, a film or videocassette or other video or image production or reproduction which depicts nudity or sexual conduct, as defined herein, shall comply with the following:
(1)
At least one employee shall be on duty and shall be situated in each manager's station at all times that any patron is present inside the premises.
(2)
The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms. Restrooms shall not contain video reproduction or viewing equipment. If the premises has two or more manager's stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the manager's stations. The view required in this paragraph shall be by direct line of sight from the manager's station.
(3)
It shall be the duty of the owners and operators and any agents and employees present on the premises to ensure that the viewing area remains unobstructed by any doors, walls, merchandise, display racks or other materials at all times, and to ensure that no patron is permitted access to any area of the premises which has been designated in the application submitted to the Borough as an area in which patrons will not be permitted.
(4)
No viewing room shall be occupied by more than one person at any time. No connections or openings to an adjoining viewing room shall be permitted.
(5)
The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place in which patrons are permitted access at an illumination of not less than one footcandle as measured at the floor level. It shall be the duty of the owners and operators and any agents and employees present on the premises to ensure that the illumination is maintained at all times that any patron is present on the premises.
(6)
If live performances are to be given, the premises in which such live performances are to be offered shall contain a stage separated from the viewing area, and the viewing area shall not be accessible to the performers, and the performers shall not have easy access to the viewers present.
L.
Owners or operators of adult businesses shall obtain a license to operate from the Borough. In addition, such owners or operators shall supply to the Zoning Officer such information regarding ownership and financing of the proposed business as is required by the Borough's licensing application. Applications for licensing shall be filed with the Zoning Officer. A valid license shall be a condition precedent to obtaining a certificate of occupancy.
M.
The adult business shall be initially licensed upon compliance with all requirements of this section and all provisions of the required licensing application. For each year thereafter that the adult business intends to continue, the owner or operator shall seek a renewal of the license. The application for renewal shall be submitted to the Zoning Officer by November 1 of the year preceding the year for which renewal is sought. The lack of a license or the failure to renew such license in a timely fashion shall be a violation of this article and shall be grounds for denial or revocation of the certificate of occupancy for the adult business.
§ 420-107 Swimming pool/spa, residential.
A.
A swimming pool/spa shall only be located at the rear of the building.
B.
In no case shall the pool/spa structure be closer than 25 feet to the rear lot line and 15 feet to the side lot line.
C.
The pool/spa structure shall, for purposes of this section, include the pool itself, all pool decks and all sidewalk areas adjacent to the pool.
§ 420-108 Transit shelters.
A.
Public transit shelters shall be a permitted use in all zoning districts in accordance with the provisions of this section.
B.
Public transit shelters may be incorporated into any new or existing development subject to the review and approval of Green Tree Borough Council and Port Authority of Allegheny County. The appropriateness, design and location of these facilities shall be based on the ADA (Americans with Disabilities Act) standards and the operational requirements of the Port Authority.
C.
Public transit shelters shall be maintained in good repair, and the provider shall be responsible for the cleaning, repairing or replacement of any part thereof, including walkways, curbs or foundations encompassed by the public transit facility.
D.
The shelter may be located within the right-of-way of the public street, but not on the cartway, provided:
(1)
The shelter provider shall be responsible for the construction, maintenance, permits, feeds and removal of said shelter.
(2)
Transit shelters may be equipped with lighting that improves the safety and security of waiting passengers. The shelter lighting shall be designed such as to prevent the direct view of the light source (bulb) from any location outside of the public right-of-way by any means determined to be acceptable by the Borough.
§ 420-109 Truck terminals.
§ 420-110 Vehicle sales, repair and service.
A.
All storage of new, used or discarded parts or materials shall be within an enclosed structure.
B.
Except for fuel dispensing, all production, repairs, servicing and processing shall take place completely within enclosed buildings.
C.
No more than six vehicles that are parked or stored for the purpose of pending repair shall remain outside the premises after business hours.
D.
No junked or abandoned vehicle shall be parked outdoors after business hours.
E.
Any business engaged in towing services shall dispose of junked or wrecked vehicles within 24 hours unless they are stored inside a building.
F.
Ingress and egress shall be designed so as not to create hazardous conditions or unnecessary congestion of traffic in the immediate area. All provisions for traffic movement shall be satisfactorily documented as a part of the application and be subject to acceptance by the Borough Council as part of the approval process.
G.
All outdoor display areas for new and used vehicles, including self-propelled or towed recreational units and farm or construction and utility equipment, shall be paved and illuminated.
H.
All storage and handling of fuel, oil and similar substances shall be carried out in accordance with all Borough Building Fire Codes, county, state, and federal regulations.
J.
Parking and vehicle access shall be so arranged that there will be no need for the motorist to back over sidewalks or onto streets.
§ 420-111 Warehouse and storage, other than self-storage facility.
A.
A traffic impact study shall be submitted if required by the Green Tree Borough Planning Commission.
B.
No manufacturing or major assembly of products shall occur on the premises.
G.
All ingress/egress must be provided from state-owned road.
H.
The maximum size of any such structure shall not exceed 49,000 square feet.
§ 420-112 Wholesale establishments.
A.
There shall be no open storage of junk or salvage materials of any type in conjunction with the operation.
B.
All incidental or accessory storage shall be within the confines of an enclosed building. Wholesale uses shall also include space for administrative offices, customer services, and interior display.
C.
Any loading docks or semitrailer sized overhead doors shall not face upon a public road, or if no practical option is demonstrated, loading doors shall be setback at least 70 feet from the front lot line or be structurally obscured from view.
D.
Areas associated with loading shall be screened with landscaping or fencing from neighboring use(s) as provided for in §§ 420-33 and 420-35C of this chapter.
H.
All ingress/egress must be provided from state-owned road.
I.
The maximum size of any such structure shall not exceed 49,000 square feet.
§ 420-113 Wind energy facilities, small.
A.
Any small wind energy facilities authorized by this chapter shall be considered an accessory structure and the generation of energy as an accessory use to the principal use in any zoning district.
B.
Wind energy equipment shall be located on the same lot as the principal use.
C.
Power generated by wind energy equipment shall not exceed 50 kilowatts of maximum output capacity for residential uses or 100 kilowatts of maximum output capacity for nonresidential uses. There shall be no commercial use of wind energy equipment for generation of energy, except for energy purchased by a public utility in accordance with law or other government regulations.
D.
No wind energy equipment shall be located in the front yard.
E.
Wind energy equipment shall comply with all setback requirements of the applicable zoning district.
F.
Wind energy equipment shall not exceed a height of 125 feet. The height of a wind turbine shall be measured from the average approved finished grade at the perimeter of the base of the turbine to the highest vertical point of the rotor at its maximum vertical position.
G.
The wind energy equipment shall meet and be installed in accordance with all applicable federal, state and local regulations and requirements.
H.
Wind energy facilities shall be set back from any occupied building, property line, street, utility, utility line, and fuel source at a distance of not less than 1.5 times the height measured from the average approved finished grade at the perimeter of the base to the highest vertical point of the rotor at its maximum vertical position.
I.
Wind energy facilities shall not be artificially lighted.
J.
Only a single pole structure shall be permitted for the wind energy facility. The pole shall be self-supporting upon its foundation without the use of guy wires or other supports.
K.
Wind energy equipment shall comply with all applicable requirements of the Federal Aviation Administration (FAA).
L.
Only one facility per lot.
§ 420-114 Wind turbines, large.
A.
No wind turbines, or addition of a wind turbine to an existing wind energy facility shall be constructed or operated.
B.
The applicant must provide written notice of application to all property owners and tenants occupying property within 2,000 feet of the boundaries of the property upon which the wind energy facilities will be located.
C.
No wind turbines shall be located where the center of the tower(s) is a distance less than five times the height of the tower from the base to the hub of the rotor from any off-site occupied residence or occupied commercial structure existing at the time of the filing of a nonresidential subdivision plan, unless the owner of such existing residential or commercial structure shall have executed a nondisturbance easement, covenant or consent which has been recorded in the Office of the Recorder of Deeds of Allegheny County, Pennsylvania.
(1)
Such easement or covenant shall run with the land and, at a minimum, provide that the said property owner waives and releases any and all claims, damages and/or losses resulting from higher noise levels, visual impacts or flickering reflections and/or shadows which may arise as a result of the location of a wind turbine generator(s) within the established setback distance of an existing residential or commercial structure on the property of the owner executing same.
(2)
Such easement, covenant or consent before recording shall be submitted to the governing body for approval at the same time the nonresidential land development plan is submitted for approval.
(3)
Such easement, covenant or consent shall meet such requirements as to form and content consistent with this chapter as may be required by the municipal governing body.
D.
Unless satisfactory evidence is furnished to the municipal governing body that the developer has included in a lease agreement or other agreement with landowner a provision for sufficient security for the decommissioning and removal of tower facilities and restoration of the site at the time when the wind turbine generator facilities no longer have a useful life, which provisions are at least as stringent as the requirement herein imposed, and unless satisfactory evidence has been furnished to the governing body that such security has in fact been provided, the developer shall meet the following requirement:
(1)
The developer shall, immediately following the first year of operation and every fifth year thereafter, at its own expense, retain an independent engineer acceptable to the municipal governing body to estimate the cost of decommissioning and removal of the tower facilities and restoration of the site, net of any expected salvage value of the tower(s) and its components, and the developer shall submit such report to the municipal governing body and landowner upon receipt.
(2)
If the independent engineer concludes that such decommissioning, removal and restoration will cost in excess of the estimated salvage value, the developer shall set aside funds ("required decommissioning funds") sufficient for decommissioning and restoration by either providing a performance bond, a surety bond, a letter of credit or by depositing required decommissioning funds sufficient to offset any shortfall in salvage value into an escrow account to be held by the Borough of Green Tree.
(3)
The escrow agent shall provide those funds to the party removing such turbine(s) and restoring the property in the event the cost of disassembling and removal thereof from the premises and restoration of the premises exceeds the salvage value of the improvement.
(4)
The submission of a nonresidential land development plan shall constitute the agreement and consent of the developer and owner of the property, their respective heirs, successors and assigns that:
(a)
The salvage value of the turbine(s) and its components may be utilized to offset the cost of decommissioning, removal and site restoration; and
(b)
If the developer or then owner fails to remove the turbine(s) and restore the site within a reasonable time, after said tower(s) has ceased to be in operation for a period of 12 months, then the municipality may start proceedings to dispose of the tower(s) and its related components.
(5)
The estimated cost of decommissioning will be updated every fifth year to consider inflation or other factors deemed relevant by the independent engineer, including, but not limited to, any increase or decrease of the market value of the structure and its related components being decommissioned and the cost of labor to perform the decommissioning.
(6)
The deposit, bonds or letters of credit shall be adjusted accordingly to the current required decommissioning funds and any sum necessary to make prior contribution equal to the required decommissioning funds necessary to perform the decommissioning removal and restoration.
(7)
Any funds in excess of the required decommissioning funds will be returned to the developer after decommissioning, removal and restoration.
(8)
Any costs of decommissioning, removal and restoration in excess of the decommissioning shall be promptly paid by the developer or then owner of the turbine(s) to the contractor retained for the removal and restoration.
(9)
Any performance bond, surety bond or letter of credit, if used, in lieu of a deposit of cash, shall contain such terms and provisions as shall be acceptable to the municipal governing body.
(10)
All wind energy facilities shall be equipped with a redundant braking system. This includes both aerodynamic overspeed controls (including variable pitch, tip, and other similar systems) and mechanical brakes. Mechanical brakes shall be operated in a fail-safe mode. Stall regulation shall not be considered a sufficient braking system for overspeed protection.
(11)
All electrical components of the wind turbine shall conform to relevant and applicable local, state, and municipal codes, and relevant and applicable international standards.
(12)
Wind turbines shall not be climbable up to 15 feet above ground surface.
(13)
The applicant shall cooperate with local emergency services to develop and coordinate implementation of an emergency response plan for the wind energy facilities and shall provide a copy of the project summary and site plan to local emergency services.
(14)
Lighting shall be screened or shielded from any adjacent residential use or district, in accordance with the provisions set forth in § 420-36 of this chapter.
(15)
Noise and shadow flicker shall be minimized to the greatest extent possible.
(16)
Only one wind energy facility shall be permitted per lot.