Middletown City Zoning Code
ARTICLE XV
General and Supplemental Regulations
§ 260-148 Purpose.
This article contains provisions which qualify or supplement the district regulations appearing elsewhere in this chapter.
§ 260-149 Accessory buildings, structures or uses.
Accessory buildings, structures or uses shall only be constructed on a lot containing a principal structure or use. No use of an accessory building will be permitted until completion of the permitted principal building or use. Unless specified elsewhere in this chapter, accessory buildings, including, but not limited to, detached garages, shall comply with the following:
A.
Detached private garage for no more than three automobiles shall be permitted in any district.
B.
Detached accessory structures, buildings shall not exceed 16 feet in height in all residential districts except as noted in Subsection H.
C.
Attached accessory buildings shall not exceed the height of the principal structure.
D.
Temporary buildings and structures are not permitted, except as otherwise permitted in this article.
E.
No detached or freestanding accessory building or structure shall be located within any required front yard, except fences and walls in accordance with § 260-153.
F.
An accessory building or structure may be erected in the side or rear yard, provided that such building is entirely separated from the principal building by a minimum distance of 10 feet and is located farther back from the front street line than the front most portion of the principal building.
G.
An accessory building shall have a maximum area no larger than 300 square feet in ground floor area, with the exception of accessory garages, which shall not exceed 1,000 square feet.
H.
An accessory building may be erected within the rear yard, provided where such rear yard is along an alley or adjacent to another lot, the accessory building shall be located not less than five feet from such side or rear lot line.
I.
Any accessory building or structure erected, set or placed less than 10 feet from the principal or main building shall be attached to the principal or main building and shall be considered as part of that structure.
J.
An existing nonconforming accessory building or structure may be repaired or completely removed, but shall not be expanded or substantially altered.
K.
No dwelling unit shall be permitted in any basement, cellar or any other accessory building or structure except that a dwelling unit having a minimum of 450 square feet of habitable floor area may be constructed above an existing detached garage(s) or accessory building with nonhabitable floor area on the ground level up to a maximum of two stories above grade. Conversion of ground level nonhabitable floor area into habitable floor area creates a principal building.
L.
Accessory uses include but are not limited to swimming pools, greenhouses and tennis courts.
M.
The use of nontraditional storage units, including those commercially known as "PODS®" or enclosed container of a box trailer with or without wheels, shall be permitted on a temporary basis subject to the following:
(1)
Units shall be permitted for a maximum period of 60 days in any one calendar year. This period may be extended upon written request to the Zoning Officer for a period not exceeding 180 days.
(2)
The enclosed container of a box trailer with wheels may be used for temporary construction storage for the period for which a valid building permit has been issued. Such units shall be licensed and located in accordance with the required accessory use setback of the zoning district in which the property is located.
(3)
The container of a box trailer, with or without wheels, shall not be used for permanent storage in any zoning district.
(4)
A zoning permit must be obtained from the Zoning Officer.
§ 260-150 Standard antennas; amateur radio antennas.
A.
No standard antenna, including its supporting structure, shall have a total height exceeding 15 feet above the top of the principal building on the lot, except that an amateur radio antenna may have a maximum height above the average surrounding ground level of 70 feet.
B.
An antenna shall be properly anchored to resist high winds.
§ 260-151 Dumpster screening and location.
A.
Solid waste dumpsters shall be screened on three sides. Such screening shall consist of decorative masonry walls, solid weather-resistant wood fencing or a material of a similar appearance (such as white vinyl vertical planks). Evergreen plantings are also encouraged in addition to the fence or wall. The fence or wall shall include a self-latching door or gate.
B.
Setback from dwellings. An outdoor solid waste container with a capacity of over 25 cubic feet shall be kept the maximum distance that is feasible from any abutting dwelling, provided that the container is not in the minimum front yard setback area. In any case, an outdoor solid waste container shall be kept a minimum of 15 feet from an abutting dwelling. A solid waste dumpster shall not be located in a front, side or rear setback yard or a required buffer yard.
C.
All waste containers shall be completely enclosed, and the lid shall be kept in place. The locations of all dumpsters shall be shown on all site plans and land development plans submitted to the Borough of Middletown.
D.
This section shall not apply to dumpsters temporarily placed during actual construction or demolition on the premises, or for recycling containers that do not involve garbage.
§ 260-152 Excavation and demolition.
A.
It shall be the duty of each person or contractor who intends to perform excavation or demolition work at a site within the Borough to obtain a permit from the Code Enforcement Officer. Such permit shall not be issued unless the person or contractor establishes proof of compliance with the appropriate notification requirement under Pennsylvania law (Act No. 287, approved December 10, 1974, as the same may be changed or amended from time to time).[1]
[1]
Editor's Note: See 73 P.S. § 176 et seq.
B.
Any excavations for the removal of topsoil or other earth products must be adequately drained to prevent the formation of pools of water. The Zoning Officer may require that such an excavation be enclosed by a fence if it is deemed to be a menace to the public health, safety and welfare. Such excavation shall be graded to avoid the creation of open pits, holes or depressions which are below the elevation of adjacent roadways.
C.
Unless specifically permitted by the Zoning Hearing Board, open excavations shall not be maintained, except those excavations made for the erection of a building or structure for which a permit has been issued.
D.
The dumping of earth, gravel, rock or other materials not subject to decay shall not be permitted in any zone or any vacant land except by permit. In any event, the existing grade shall not be raised more than three feet above the nearest road, hazardous or nuisance conditions shall not be created, nor shall an unsightly appearance or unstable slopes be created. The dumping of materials subject to decay, noxious or offensive materials or junk shall not be permitted in any district.
E.
Excavations shall be made only by permit and such permit shall be issued only when shown not to be detrimental to the neighborhood or objectives of ordinances. Excavations must not remain as a scar to the land and must be contoured and seeded to restore the continuity of surrounding land.
F.
A maximum of 30% graded incline or decline shall be permitted in relationship to existing adjoining property grades after excavation.
§ 260-153 Fences and walls.
A.
Fences and freestanding walls may be erected, altered and maintained within the yards, provided that any such fence or wall in the front yard shall not exceed four feet in height, and any fence or wall in the side or rear yard exceeding six feet in height shall contain openings therein equal to 50% of the area of that portion of the wall or fence exceeding six feet in height, not to exceed two feet. Barbed wire will be permitted at the top of a fence or barrier in the C-1, C-2 and M-1 Districts or publicly owned properties at a minimum height of six feet. No fence or other barrier may be electrified.
B.
All yards used for the storage of any material needed for the operation or conduct of a manufacturing or commercial enterprise shall be enclosed by a solid wall, uniformly painted board fence or screen planting on all sides which face upon a street or face upon a lot in a more restricted zone.
C.
All fences and walls shall be located and constructed so that no portion of the structure extends beyond the property line.
D.
No fence, wall or hedge shall obstruct the clear sight triangle requirements of this chapter, as defined in § 260-157, Obstruction to vision; visibility at intersections.
E.
No fence, wall, or structure shall be permitted or erected in a public or private drainage, utility or access easement, unless otherwise required by this chapter or other Borough ordinance. Any such fence erected in violation of this section shall be removed or relocated at the owner's expense.
F.
Engineered retaining walls necessary to hold back slopes are exempted from the regulations of this section and are permitted by right as needed in all zoning districts.
§ 260-154 Habitable floor area.
Each dwelling unit shall not have less than 650 square feet of habitable floor area, except that efficiency units intended for occupancy by not more than two persons shall have not less than 450 square feet of habitable floor space.
§ 260-155 Municipal uses.
In any district, including a residential planned development district, a building may be erected, altered or extended and land may be developed which is arranged, intended or designed for municipal uses, including firehouses of volunteer fire companies and municipal recreation uses.
§ 260-156 Number of principal uses and principal buildings per lot.
A.
A lot in a commercial or industrial district may include more than one principal use and/or more than one principal building, provided that every requirement is met for each use and each building. If differing dimensional requirements apply for different uses on the lot, then the most restrictive requirement shall apply.
(1)
For example, if use one requires a one-acre lot area and use two on the same lot requires a two-acre lot area, then the lot shall have a minimum lot area of two acres.
(2)
The lot may include a condominium form of ownership of individual buildings, with a legally binding property owners' association, if the applicant proves to the satisfaction of the Zoning Officer, based upon review by the Borough Solicitor, that there will be appropriate legal mechanisms in place and compliance with applicable state law.
B.
A lot within a residential district shall not include more than one principal use and shall not include more than one principal building unless specifically permitted by this chapter.
(1)
A manufactured/mobile home park, condominium residential development, student housing development or apartment development may include more than one principal building per lot, provided all other requirements of this chapter are met.
(2)
A condominium form of ownership of individual dwelling units, with a legally binding homeowners' or other association, may be established if the applicant proves to the satisfaction of the Zoning Officer, based upon review by Borough's Solicitor, that there will be appropriate legal mechanisms in place and compliance with applicable state law.
(3)
Each principal building must be served by its own utilities.
§ 260-157 Obstruction to vision; visibility at intersections.
A.
Walls, fences, signs or other structures shall not be erected or altered and hedges, trees or other growth shall not be planted or maintained which may cause danger to traffic on a street or road by obstructing the view.
B.
In a clear sight triangle, no walk, fence, sign or other structure shall be erected or altered, and no hedge, tree, shrub or other growth shall be maintained or permitted between three feet and eight feet above the street grade which may cause danger to traffic or a street or public road by obscuring the view.
C.
Where two streets intersect, a clear sight triangle shall be required. Each of the two shorter legs of the triangle shall be measured from 30 feet back from the point of intersection of the street cartways (disregarding the curbed radius at the corner). These two legs shall be connected by a third longer leg.
D.
Where a street intersects with an alley, a clear sight triangle shall be established with one leg of the triangle 15 feet long along the edge of the right-of-way of the street and one leg of the triangle 10 feet long along the center line of the alley, with the two legs connected by a third longer leg.
E.
Where two alleys intersect, a clear sight triangle shall be established with each leg of the triangle 10 feet long along the center line of each alley, and with the two legs connected by a third longer leg.
§ 260-158 Performance standards.
A.
Middletown Borough requires safeguards to assure compliance with the following environmental performance standards. When required, the applicant shall demonstrate that adequate provisions will be made to reduce and minimize any objectionable elements. Nothing in this performance standard shall take precedence over any applicable current state or federal law governing air management, wastewater management, solid waste management or noise.
B.
Upon request of the Borough Zoning Officer or Planning Committee, the owner shall furnish or obtain proof, at his own expense, that the proposed use will comply with the following standards. A use or activity shall not:
(1)
Constitute a nuisance or danger to human health and safety, livestock or plants or any other property as a result of light flicker, emission or dissemination of any fumes, smoke, odor or dust beyond the property lot of the premises upon which such use or activity is located.
(2)
Create any noise or vibration exceeding the average intensity of noise or vibration occurring from other sources at the property line.
(3)
Endanger any surrounding area by reason of fire or explosion.
(4)
Produce any objectionable heat or glare beyond the property line.
(5)
Create any electrical disturbances or adversely affect the operation of equipment located off the premises.
(6)
Discharge any dangerous or untreated effluent into any stream or other body of water or otherwise contribute to the pollution of surface or underground water.
(7)
Create an undesirable or dangerous traffic condition on the street or in a nearby area or generate a nuisance to any nearby property because of increased traffic.
(8)
Create any other objectionable condition which will endanger public health and safety or be detrimental to the proper use of the surrounding area.
C.
Outdoor lighting. Where light fixtures are installed to provide exterior illumination, excluding overhead streetlighting and warning, emergency, or traffic signals, the following restrictions shall apply. These standards will only apply to nonresidential, apartment and single-family attached or semiattached uses abutting residential uses.
(1)
All outdoor lighting, whether or not required by this chapter, shall have intensities and uniformity ratios in accordance with the current recommended practices of the Illuminating Engineering Society of North America (IESNA) as contained in the IESNA Lighting Handbook.
(2)
All future amendments to the recommended practices of the IESNA shall be made a part of the chapter without further action by Borough Council.
(3)
Streetlighting fixtures, when required for safety considerations, may be controlled by photocells for dusk to dawn operation.
(4)
The lighting from any luminary shall be shaded, shielded, or directed to prevent direct light from being distributed onto adjacent properties and/or surrounding areas. Unshielded lighting is not permitted, except for temporary holiday lighting.
(5)
Lighting shall be designed so that glare or direct illumination does not exceed one footcandle beyond the property line on which the lighting originates.
(6)
Lighting on private, residential, commercial, industrial, municipal, recreational or institutional property shall be aimed, located, designed, fitted and maintained so as not to present a hazard to drivers or pedestrians by impairing their ability to safely traverse (disabling glare).
(7)
Pole-mounted lamps shall be placed directly above the area to be illuminated and shielded at the top and sides, or positioned near the perimeter of a property and aimed toward the area requiring illumination, subject to applicable yard setback provisions.
(8)
Vegetation screens shall not be employed to serve as the primary means for controlling glare. Rather, glare control shall be achieved primarily through the use of such means as cutoff fixtures, shields and baffles, and appropriate application of mounting height, wattage, aiming angle, fixture placement, etc.
(9)
The installation or erection of any lighting which may be confused with warning signals, emergency signals, or traffic signals, shall not be permitted.
(10)
Lighting of parking lots shall be in accordance with this chapter.
(11)
Maintenance. Lighting fixtures shall be maintained so as to always meet the requirements of this chapter.
(12)
Nonconforming lighting. Any lighting fixture existing on the effective date of this chapter which does not conform with the requirements of this chapter shall be considered a lawful, nonconforming lighting fixture. A nonconforming lighting fixture shall be made to comply with the requirements of this chapter when such fixture is replaced or relocated.
§ 260-159 Keeping of pets.
A.
Keeping of pets is permitted by right as an accessory use in all zoning districts.
B.
No use shall involve the keeping of animals or fowl in such a manner or of such types of animals that it creates a serious nuisance (including noise or odor), a health hazard or a public safety hazard. The owner of the animals shall be responsible for collecting and properly disposing of all fecal matter from pets. No dangerous animals shall be kept outdoors in a residential district.
§ 260-160 Prohibited uses.
A.
The primary living and sleeping quarters of dwelling units shall not be permitted in cellars or basements.
B.
The following uses are prohibited in all districts throughout the municipality:
(1)
The incineration, reduction or storage of garbage, offal, animals, fish or refuse unless by the authority of or under the supervision of the Borough of Middletown.
(2)
Dumps and dumping of any kind, unless by the authority of or under the supervision of the Borough of Middletown.
(3)
The stripping of topsoil for sale, exclusive of the process of grading a lot preparatory to the construction of a building for which a zoning permit has been issued.
C.
No use or activity shall be permitted which, by reason of noise, dust, odor, appearance, smoke or other objectionable factor, creates a nuisance, hazard or other adverse effect upon the value or reasonable enjoyment of the surrounding properties.
§ 260-161 Public utility facilities.
A.
Public utility facilities shall be permitted in any district without regard to the use and area regulations; provided, however, that buildings or structures erected for these utilities shall be subject to the following regulations:
B.
Front, side and rear yards shall be provided in accordance with the regulations of the district in which the facility is located.
C.
The maximum permitted height shall be as regulated by the district regulations.
D.
Unhoused equipment shall be enclosed by a chain link fence six feet in height.
E.
Housed equipment. When the equipment is totally enclosed within a building, no fence or screen planting shall be required, and the yards shall be maintained in conformity with the district in which the facility is located.
F.
Screen planting in residential districts. In the R-1, R-1A, R-2, R-C and R-3 districts, the required fence for unhoused equipment shall be surrounded by an evergreen planting as approved by the Planning Committee.
G.
The external design of the building shall be compatible with the buildings in the district.
§ 260-162 Satellite dish antennas.
A.
Satellite dish antennas are subject to all accessory use standards, except as provided herein this section.
B.
All wiring for ground-based antennas shall be underground.
C.
Every satellite antenna shall be adequately grounded for protection against a direct strike of lightning.
D.
Any satellite dish antenna located within the R-1, R-1A, R-2, R-3 and C-2 zoning districts shall be used only to receive signals, not to transit them and shall be subject to the following criteria:
(1)
Only one satellite dish antenna shall be permitted per unit of occupancy.
(2)
In a residential district or the C-2 district, a satellite dish antenna or satellite antenna shall not be located within the required front yard nor on front facades of buildings.
(3)
The maximum diameter of any satellite dish installed on any lot, building or structure shall not exceed three feet.
(4)
The height of the proposed installation does not exceed the maximum height restriction imposed upon primary and accessory uses within the district.
(5)
All applications must include certification by a registered engineer that the proposed installation complies with all applicable Building Code standards. Furthermore, written documentation of such compliance, including load distributions within the building's support structure, shall be furnished.
(6)
A satellite dish antenna shall not project above the peak of a roof, and if said satellite dish antenna is roof-mounted, no point of the satellite dish antenna shall be greater than three feet from the roof's surface. A satellite dish antenna shall be permitted to be mounted on a flat roof so long as the satellite dish projects less than three feet from the roof surface and is mounted in an inconspicuous location.
(7)
Ground-mounted satellite dish antennas shall not be permitted to be located in required front or side yards.
E.
Any satellite dish located within the C-1 and M-1 zoning districts shall be subject to the following criteria:
(1)
All ground-mounted satellite dishes shall be completely enclosed by an eight-foot-high nonclimbable fence that includes signage warning of dangerous radiation levels. Any gates within the fence shall be locked when unattended.
(2)
Ground-based satellite antennas shall be placed only in the side or rear yard. No antenna shall be placed in the front yard.
(3)
Satellite dish antennas must be set back from the side and rear property lines a minimum distance equal to the height of the satellite earth station, but the setback shall in no case be less than 10 feet.
(4)
The maximum height of a station being limited to 14 feet. Height of the apparatus shall include all poles, supports and related apparatus and shall be measured vertically from the ground to the maximum point when positioned for operation.
§ 260-163 Solar energy systems.
Solar collectors and solar-related equipment shall be permitted in any zoning district as an accessory use to a building or as a detached accessory structure and may be installed upon receipt of the necessary construction, electrical and/or mechanical permit(s).
A.
No solar energy system or equipment shall be permitted to be located between the principal building and the public street (excluding alleys) or within any required front yard area.
C.
There shall be no commercial use of solar energy collectors, except in the M-1 Manufacturing District as noted below. Solar energy collectors shall be subject to the following conditions:
(1)
Solar energy collectors shall not generate in excess of 125% of the estimated need of the principal use of the property.
(2)
The solar energy collectors shall be connected to the public utility grid. Energy generated in excess of the requirements of the principal use of the property may be purchased or acquired by a public utility in accordance with the law or other government regulations.
(3)
The area of any residential solar collection system shall not exceed 500 square feet cumulatively. In the M-1 district, the cumulative area of the solar energy system shall be considered as building coverage.
(4)
A roof-mounted solar collector shall not extend beyond the existing overhangs of the structure to which it is attached.
(5)
A roof-mounted solar energy system shall conform to the height regulations of the zoning district where the solar energy system is installed.
(6)
No point on a ground-mounted solar collector or its support structure shall exceed a height of 15 feet.
(7)
All exterior electrical and/or plumbing lines on a ground-mounted system must be buried below the surface of the ground and be placed in a conduit.
(8)
Ground-mounted solar collectors shall comply with the setback requirements of the underlying zoning district.
(9)
Nonfunctioning solar energy collectors shall be repaired or replaced within three months of becoming nonfunctional.
D.
A solar energy collection system shall be located to ensure solar access without reliance on adjacent properties.
(1)
Where necessary to ensure that solar access is not obstructed over time by permissible uses on adjacent properties (i.e., planting and growth of landscape vegetation or new construction), it shall be the responsibility of the owner of the solar energy collector to obtain appropriate solar access easements from the neighboring property owner(s).
(2)
It shall be the responsibility of the owner of the solar energy collector to notify the Borough upon the recording of the solar access easement and to record such easement in the Dauphin County Recorder of Deeds.
E.
No person shall install any solar energy system for a building or structure, either residential or commercial, within the Borough without first obtaining a permit from the Borough.
F.
The design of the solar energy system shall conform to applicable industry standards.
§ 260-164 Temporary storage.
[Amended 4-20-2015 by Ord. No. 1314, approved 4-20-2015]
The temporary storage of portable dumpsters and bulk materials, including, but not limited to, stone, mulch, firewood, and building materials within the public right-of-way shall be prohibited.
§ 260-165 Unenclosed storage.
§ 260-166 Swimming pools.
A.
The construction of all outdoor swimming pools designed to contain a water depth of 24 inches or more, including structure, filtration and drainage systems and all safety equipment, shall require a building permit and meet the specifications of the Borough or Engineer of the Borough.
B.
A single private outdoor swimming pool per dwelling is permitted as an accessory use of a residential structure, provided that such pool is for the private use of the residents of the dwelling unit or for their guests.
C.
No pool shall be located in any required front yard or located closer than 10 feet from any property line.
D.
Every pool shall be completely enclosed by a fence or wall not less than four feet in height.
(1)
Every entryway in such fence or wall shall be closed by a self-closing, self-latching gate. Such gates shall be maintained in good repair and be fully functional and shall be in use at all times the pool contains water.
(2)
Such fences or walls and gates shall be located and constructed so that no portion of the structure extends beyond the property line of the lot on which located.
(3)
Such fence or wall shall be erected before any pool is filled with water.
E.
Whenever the water in a pool is provided or replenished from a public water supply system, the hose or pipe connected to the public water system shall be located at a physical height greater than the overflow level of the pool. Water discharged from the public system to the pool must pass through the air. At no time shall a hose or pipe connected to the public water system be located at or below the surface of the water in a pool.
F.
Water may not be discharged from a swimming pool directly onto adjacent properties or rights-of-way.
G.
No permanent pool structure shall be located over an on-lot septic system, drain field, utility, or access easement.
§ 260-167 Yard regulations.
A.
Front yards.
(1)
Front yard setback exception. In any district within a block containing a lot proposed for construction or expansion of a building, where 50% or more of the improved lots on such block frontage on one side of a street currently have front yards of less depth than is currently required for that district, and where the clear majority of such lots are already developed, then the building line of the majority of the buildings on that side of the block may be used.
B.
Side yards.
(1)
Extension of any primary building and detached accessory building that is nonconforming with respect to the required side yard setback shall comply with § 260-212E(5).
(2)
The minimum residential driveway setback shall be three feet from the side lot line, which shall be maintained as vegetation, with the exception of shared driveways for single-family semidetached units or single-family attached units (townhouses), in which case the driveway may extend over the common property line of the attached or semidetached units. A maintenance agreement shall be required between property owners for the shared driveway.
C.
Extensions into required yards. Structures may extend into the minimum required yards, as herein specified:
D.
In a commercial or manufacturing district, merchandise may be displayed in the yard space in accordance with the following regulations:
(1)
In side or rear yards not abutting streets or alleys: not closer to the side or rear lot line than three feet.
(2)
In side or rear yards abutting alleys: not closer to the right-of-way of the alleys than five feet.
(3)
In front yards not abutting streets or alleys on the side lot lines: not closer to the side lot lines than three feet; setback from the front lot line is not required.
(4)
In front yards not abutting alleys on the side lot lines: not closer to the side lot lines than five feet; setback from the front lot line is not required.
(5)
Merchandise displayed in front, side or rear yards abutting lots in more restricted districts shall be enclosed by a solid wall, uniformly painted board fence or screen planting.
§ 260-168 Dwelling location.
In all residential districts, no dwelling unit may be established on any street having less than a twenty-foot cartway.
§ 260-169 Out-of-service storage tanks.
[Added 4-20-2015 by Ord. No. 1314, approved 4-20-2015]
A.
Any permanent closure, pursuant to Pennsylvania Department of Environmental Protection regulations, of an aboveground or underground petroleum or petroleum derivative storage tank or tank system shall include the removal of the tank or tank system in its entirety, including all associated pipes, and further, including tank(s) discovered by chance during removal. All aboveground or underground petroleum or petroleum derivative storage tanks or tank systems to which Pennsylvania Department of Environmental Protection regulations do not apply shall be removed in their entirety, including all associated pipes, and further, including tank(s) discovered by chance during removal, upon a cessation of use of the tank or tank system. A period of six months of continuous nonuse of the tank or tank system shall presumptively constitute cessation of use.
B.
Removal of out-of-service storage tanks shall be in compliance with all applicable requirements of the Pennsylvania Department of Environmental Protection and local Fire Marshal, including, without limitation, notifying the Pennsylvania Department of Environmental Protection, where applicable, and the Fire Marshal of the intent to remove a minimum of 30 days prior to undertaking any activity to disturb or move the tank or tank system.
C.
Any disputes concerning location of an existing tank or tank system that may straddle a property line shall be resolved by the two abutting property owners and not by the Borough.
D.
All costs or responsibilities associated with complying with this chapter shall be the full responsibility of the owner(s) of the storage tank(s) or tank system(s) and property, not the Borough, regardless of the tank location on site, whether within public right-of-way, easement or inside structure, unless any law of the Commonwealth of Pennsylvania preempts this provision. Disputes over these costs shall not delay removal and shall not involve the Borough.
E.
All disturbed areas within a public right-of-way shall be returned to meet or exceed their original predisturbed condition. Surety in the form of a certified check, bond or letter of credit, in a form acceptable to the Borough, may be required for any disturbance occurring within a public right-of-way. Removal of any tank or associated piping located within a public right-of-way, as well as restoration of any disturbed area of a public right-of-way, shall require written approval from the Borough Engineer, the Pennsylvania Department of Environmental Protection, if applicable, and the Fire Marshal.
F.
The owner of the tank or tank system shall provide sufficient evidence to the Borough proving that the tank and tank system has not released products which have resulted in or which could result in the contamination of the surface water or groundwater. At a minimum, such evidence shall include any testing or documentation required by the Pennsylvania Department of Environmental Protection.
G.
Abandonment or closure-in-place of tanks and tank systems is prohibited unless removal is physically not possible. The physical impossibility of removal must be determined and approved, in writing, by the Pennsylvania Department of Environmental Protection, where applicable, and the Fire Marshal.
H.
In the case of tanks or tank systems subject to Pennsylvania Department of Environmental Protection regulation, the removal required under this section of this chapter shall be completed within 60 days of written certification from the Pennsylvania Department of Environmental Protection that the tank and tank system are empty, clean, secure and that there is no spillage to be remediated. In the case of tanks or tank systems not subject to Pennsylvania Department of Environmental Protection regulation, the removal required under this section of this chapter shall be completed within 60 days of the cessation of use of the tanks or tank systems. The Borough, upon written request, and in its sole discretion, may permit an additional thirty-day period or periods for the removal of the tanks or tank systems to be completed in either of the above cases, but only if doing so is in compliance with applicable Commonwealth of Pennsylvania requirements and is approved by the Fire Marshal.