New Bloomfield City Zoning Code
PART 12
SUPPLEMENTARY REGULATIONS
§ 26-121 Accessory uses and structures.
[Ord. No. 368, 11/7/2023]
An accessory structure attached to a principal building shall comply in all respects with the yard requirements of this chapter for the principal building. Detached accessory structures shall be located to the rear of the front building setback line of the principal building, and, if located in a side yard area, shall conform to the side yard requirements with respect to the principal building. Accessory structures shall not exceed one story or 18 feet in height and may not occupy more than 30% of a required rear yard nor cause the property to exceed the allowable maximum lot coverage in that district.
§ 26-122 Temporary structures for dwelling purposes.
[Ord. No. 368, 11/7/2023]
No cabin, trailer coach, garage, basement or other temporary structure, whether of fixed or mobile nature, may hereafter be erected or established for any dwelling purpose for any length of time unless approval for temporary use is granted by the Zoning Officer.
§ 26-123 Water supply and sewerage facilities required.
[Ord. No. 368, 11/7/2023]
In the interest of protecting the public health, safety and welfare, every building or structure hereafter erected, altered or moved upon any premises and used in whole or in part for dwelling, commercial or recreational, business or industrial purposes shall be provided with both public water supply and public sanitary sewer.
§ 26-124 Exceptions.
[Ord. No. 368, 11/7/2023]
A.
Public utility corporations. Per Section 619 of the PA Municipalities Planning Code, P.L. 805, No. 247, provisions of this chapter shall not apply to any existing or proposed building or extension thereof, used or to be used by a public utility corporations, if the Pennsylvania Public Utility Commission holds a public hearing and decides that the present or proposed situation of the building in question is necessary for the convenience or welfare of the public.
B.
Height exceptions. The height limitations of this chapter shall not apply to church spires, silos, belfries, cupolas, penthouses and domes not used for human occupancy, nor to chimneys, ventilators, skylights, water tanks, bulkheads and similar features and necessary mechanical appurtenances usually carried above the roof level. Such features, however, shall be erected only to such height as necessary to accomplish the purpose they are to serve and, then, only in accordance with any other governmental regulations.
§ 26-125 Required street access.
[Ord. No. 368, 11/7/2023]
A.
Each principal use, including any dwelling and/or conversion dwelling, which involves buildings or structures for human occupancy shall be located and maintained upon a lot which abuts an improved public street or road of at least 50 feet in width for a distance of not less than 30 feet.
B.
For purposes of this section, an "alley" is not a street type suitable for emergency service access to dwellings. Therefore, building or converting structures as a dwelling for human occupancy on an alley or cartway is not a permitted use.
§ 26-126 Visibility at intersections.
[Ord. No. 368, 11/7/2023]
On a corner lot in any district, no structure (excluding utility poles or light standards) or planting more than 2 1/2 feet in height shall be erected, placed or maintained within the triangular area formed by the intersecting street lines and a straight line adjoining said street lines at points 25 feet distant from the point of intersection, measured along said street lines. Fences may exceed 2-1/2 feet in height where determined by the Zoning Officer that a visual obstruction will not occur. New driveways shall be located more than 40 feet from an intersection, per § 26-136B.
§ 26-127 Off-street parking.
[Ord. No. 368, 11/7/2023]
(NOTE: In adherence with Design Standards, § 26-136, of this chapter.)
A.
Adequate space for off-street parking of licensed and registered motor vehicles shall be provided and maintained for each building, structure or use hereafter erected, altered or established. Excluding any public right-of-way and except off-loading and on-loading, no part of any required front yard shall be used for parking purposes. Parking may only occur on approved surfaces and shall not be situated to risk crossing onto adjoining properties. See § 26-136D. Permissible off-street parking may be categorized into: (1) inside buildings; (2) outdoors behind the front building setback lines; and (3) outdoors in front of building setback lines subject to listed conditions.
B.
Unless prohibited by state or local authorities, off-street parking of legally registered "light-duty" (see Terms Defined, § 26-13) passenger vehicles is permitted in front of the building setback lines only as follows:
(1)
Residential districts.
(a)
Driveway parking is permissible and may include a maximum of one light-duty work/commercial vehicle per residential lot that displays commercial logos or signage. (Note: vehicle logos or signage in excess of 20 square feet in total per § 26-128A(9) may be deemed as billboards which are not permissible.)
(b)
Approved multifamily dwellings may additionally provide required dwelling parking spaces, subject to land constraints, in front of the building setback line but situated no less than 10 feet from the front property line.
(2)
All other districts. Parking spaces situated no less than 20 feet from the front property line on minor arterial streets (S. Carlisle Street, E. and W. Main Streets) and no less than 10 feet back on all other streets may include vehicles up to medium-duty Class 3 vehicles as defined by PennDOT. (Buffers/screening may apply per § 26-131.)
E.
Where communal parking spaces are provided and maintained by a landlord, or homeowners' or condo association type organization, these communal parking spaces shall be located within 200 feet of the dwellings being served, and shall include an aesthetically and functionally appropriate fence or other guards (as approved by the Planning Commission), to prevent vehicles from crossing onto adjoining properties.
F.
Lighting of off-street parking shall be located and shielded such that no objectionable glare or illumination is cast upon adjoining properties and minimizes impact to dark night skies.
G.
A minimum of 200 square feet, exclusive of drives, entrances and exits, shall comprise one vehicular parking space. The minimum number of off-street parking spaces by type of use shall be determined in accordance with the following schedule:
Table 127.G Minimum Requirements for Off-Street Parking Areas or Accessory Garages* | ||
|---|---|---|
Building Type | Minimum Parking Spaces Required | For Each |
Single and two-family residential dwellings | 2 | Dwelling unit |
Multiple dwellings (apartments) | 2 | Dwelling unit |
Boarding or lodging house, tourist home | 1 | Guest bedroom and + resident family |
Hotel, motel | 1 | Guest bedroom plus 1 space for each 3 employees |
Membership clubs/churches | 1 | 6 members |
Professional office | 1 | 200 square feet net floor space used by such office |
Auditorium, stadium, theater, convention hall or similar use | 1 | 4 seats (Note: bench capacity computed at 1 seat for each 20 inches) |
Bowling lane | 2 | Lane |
Business center development | 1 | 150 square feet of gross floor area |
Funeral home | 2 | 100 square feet of assembly room space |
Hospital | 1 | 3 beds |
Industrial or wholesale | 1 | Employee |
Offices and office building | 1 | 200 square feet of net floor space |
Beauty parlor or barber shop | 2 | Barber or beautician |
Research institute or laboratory | 1 | 200 square feet of net floor space |
Public library, gallery, museum | 1 | 200 square feet of net floor space |
Elementary and junior high school | 1 | Faculty member and employee |
Senior high school and institution of higher learning | 1 | Faculty member, employee and 8 students |
Commercial Communication Tower | 2 | Tower (see § 26-138.) |
* | Any fractional space under 1/2 may be disregarded and any fraction over 1/2 construed as requiring a full space. |
H.
Parking and storage of unlicensed or uninspected motor vehicles and/or trailers and watercraft.
(2)
Motor vehicles and towable equipment without current, valid license plates or inspection stickers which are more than 30 days beyond their expiration dates, shall not be parked or stored in any zone, including on private property, unless stored within a completely enclosed building or by approval of the Planning Commission, completely covered and screened from public view by an approved (NOTE: Buffers, fences, hedges and/or screens acceptable to the Planning Commission may be required to be erected to screen from view any outdoor storage in any zoning district. See §§ 26-136H and 26-131 of this chapter.) fence and/or vegetative screen. (Note that approved screening shall be in addition to any Chapter 9 requirements for covering and limiting the total number of vehicles stored outdoors.)
(3)
Note: Planning Commission may approve screening of vehicles that are parked as a secondary use on a lot; however screening shall not be a construed as a method to circumvent the prohibition of outdoor storage.
(4)
Outdoor parking of travel trailers and/or watercraft shall be limited to one per lot and must be situated behind the building setback line and if covered shall be with a purpose-constructed cover and not with tarps or other such materials.
(5)
The requirements of this section shall not be applicable to operational farm implements and other farm vehicles not normally used as a means of conveyance on public streets, where located on a farming property in an A-1 District including setbacks.
(6)
Nothing in this section shall be interpreted to prevent the unenclosed storage for up to 90 days of motor vehicles without current valid license plates and current valid inspection stickers if such storage is performed in conjunction with the legal and permitted operation of a motor vehicle sales establishment, a motor vehicle service or repair establishment. Orderly storage, of such vehicles, greater than 90 days may be permitted if repair or sales efforts are active.
(7)
Buffers, fences, hedges or screens acceptable to the Planning Commission may be required to be erected to screen from view any outdoor storage or off-street parking except as otherwise specifically permitted, in any zoning district. This provision includes but is not limited to any outdoor storage at motor vehicle operations, junk/salvage yards and/or outdoor storage of vehicles or other objects. (See § 26-131 of this chapter.)
§ 26-128 Signs and advertising structures.
[Ord. No. 368, 11/7/2023]
Signs may be erected and maintained only when in compliance with the provisions of this chapter and any and all other ordinances and regulations relating to the erection, alteration or maintenance of signs and similar devices.
Note that permitted signs larger than four square feet, individually or collectively, excluding compliant political, real estate, or temporary signs, shall require a zoning permit.
A.
General regulations. All signs and/or advertising structures, where permitted in the Zoning Ordinance, are subject to the following:
(1)
No illuminated signs shall be permitted in residential districts, and no moving or digitally changing signs shall be permitted in residential or historic districts.
(2)
No illuminated sign may cause a glare into any residence or street or highway right-of-way. No sign in any district may utilize a beacon or a flashing light.
(3)
No sign shall be erected in such a manner that the top of the sign exceeds the maximum building height restriction in the prevailing zoning district.
(4)
No sign shall be erected as to obstruct entrance to or exit from a required door, window, fire escape or other required exit way.
(5)
No sign or placard shall be placed on a public sidewalk without express permission from the Zoning Officer and in no case shall permitted signs on sidewalks be left there after business hours or at night.
(6)
Temporary signs, up to two square feet in area, of painters, mechanics, contractors and the like are permissible in all districts, provided such signs are posted for no longer than 30 days and are removed as soon as work is completed on the premises.
(7)
Temporary signs and banners of a nonpartisan, noncommercial, and secular nature across a right-of-way may be permitted by the Zoning Officer, provided they are erected in locations in which they will not cause traffic hazards, meet safety standards, are maintained, and are removed when the temporary use is completed.
(8)
Billboards or off-premises advertising signs are expressly prohibited in all districts, unless granted a variance by the Zoning Hearing Board or as a special exception in Industrial Districts (see § 26-128C). Otherwise, advertising signboards are strictly limited to listed uses with maximum sizes specified herein.
(9)
Advertising signs, displays, and/or lettering on vehicles, trailers and equipment that are visible from the street or any property line are included in calculations of sign limitations in any district and shall not be used as a method to circumvent sign and/or billboard ordinance standards.
(a)
Exceptions shall include commercial and industrial vehicles parked on premises in C-1 and I-1 Districts which display only those goods and services marketed by that business and are not configured as an advertising billboard with signage/logo area greater than 20 square feet in total per vehicle. Note: Residential district parking of one such commercial light-duty passenger vehicle per lot is also permissible per § 26-127B(1).
(10)
Political signs, banners, or flags, no larger than four square feet, may be posted up to 30 days prior to the date of a state or national election and 45 days prior to a local or county election (NOTE: The forty-five-day time frame prior to a local or county election refers to the posting of political signs for local and/or county candidates and/or ballot questions, and may not be interpreted as granting a longer time frame for the posting of other signs.) and all shall be removed within five days following the election or referendum.
(11)
Signs shall be removed once the intended purposes is complete or the business or function ceases activity. If the property owner fails to remove the sign, the Zoning Officer may remove the sign as displayed and leave it on the property or cause such signs to be stored at a Borough facility allowing the owner of the sign 14 days to retrieve such sign, prior to its disposal. (Examples include, but are not limited to: inactive or closed businesses, advertisement of services no longer provided, outdated auctions or property "for sale" signs, completed or inactive structural, paving, or landscape services where signs are posted, political signs outside of permissible dates or dimensions, and/or any sign in violation of this chapter.)
B.
Signs in residential, historic, agricultural and conservation districts. The following types of signs may be permitted unless otherwise provided:
(1)
One nameplate, including the telephone number, and one house number sign for each dwelling unit, professional office or home occupation, provided it does not exceed four square feet and identifies only name and title of occupant. It shall not extend beyond a vertical plane two feet inside the lot from the street line. If lighted, it will be illuminated without objectionable glare. No displays or change in facade shall indicate from the exterior that the building is being used in whole or in part for any purpose other than that of a dwelling.
(2)
One real estate sign, provided that it is unlighted and is not closer to a right-of-way than 1/2 the depth of the existing front yard, does not exceed six square feet in area and pertains either to the lease, rental or sale of the premises on which it is maintained. Corner lots may post one sign on each street front.
(3)
One institutional sign, provided it does not exceed 16 feet in area and is not closer to the right-of-way than 1/2 the depth of the existing front yard. If lighted, it will be illuminated without objectionable glare. Note that an institution or PRD, situated on 10 or more acres and located behind screens or buffers, may petition the Planning Commission to be considered for sign allowances permissible for a Commercial/Industrial District entrance, see § 26-128c(3).
(4)
Signs up to two feet square in area on each side, which are necessary for the identification, protection and operation of public utility facilities.
(5)
No signs of any sort are permissible on the Soldier and Sailors Monument in the Historic District. No commercial or private signs may be posted on the Historic District market square green opposite the monument and the courthouse, however, temporary permission for nonpartisan, charitable, secular public events may be permitted for brief periods (days) by permission of the Zoning Officer.
C.
Signs in commercial and industrial districts.
(1)
One wall sign to a property, provided it is attached to the wall of a building and projects horizontally not more than 12 inches therefrom, is not less than 10 feet above the sidewalk and occupies the lesser of 30 square feet or not more than 20% of the total area of the front of the principal building. It shall not project more than three feet above the roof line or parapet wall.
(2)
One projecting sign, provided it shall not project beyond a vertical plane two feet inside the lot from the street line.
(3)
Commercial and industrial district identification signs. In a Commercial or Industrial District setting of greater than 10 acres, provided they are separate and not attached to any building. Maximum of one such sign per district entrance. Height of signs shall be a maximum of 10 feet, measured from the ground; and the maximum size of the sign portion itself shall not exceed 30 square feet.
(4)
Other signs as permitted in residential districts.
(5)
In Industrial Districts, after approval by the Zoning Hearing Board as a special exception, upon application by the property owner, billboards, advertising legal, publicly offered, off-premises products or services, not otherwise age restricted, subject to the following limitations:
(a)
Located more than 200 feet from any residence or residential district.
(b)
No larger than 30 square feet in size, at a maximum height of 12 feet.
(c)
Subject to an annual fee and security deposit, payable in advance, as specified by the governing body.
(d)
Billboards shall be limited to 40 square feet of signage per 100 feet of road/street frontage and have a setback of at least 30 feet.
§ 26-129 Conversion dwellings.
[Ord. No. 368, 11/7/2023]
A.
Subject to special exception approval by the Zoning Hearing Board (NOTE: See § 26-167B of this chapter), in H-1 and R-2 Districts, residential structures, existing at the date of the adoption of Ordinance No. 131 in 1975, may be converted into a maximum of four apartment-type dwellings, providing that there shall be a minimum of square feet of land area per apartment (as specified in that zoning district, see §§ 26-73 and 26-85 of this chapter) and adhere to the minimum habitable floor area per dwelling specified in the zoning district (see §§ 26-75 and 26-85 of this chapter), and that off-street parking be provided (see §§ 26-127 and 26-136 of this chapter).
B.
No expansion of existing conversion dwellings may occur to increase the number of units without obtaining a new special exception and the request shall meet all current standards for area and parking parameters.
§ 26-130 Mobile home parks.
[Ord. No. 368, 11/7/2023]
(NOTE: See Chapter 21, Subdivision and Land Development, Mobile Home Parks.)
A mobile home park must conform to the additional extent-of-use and improvement regulations following:
A.
The minimum mobile home park or subdivision tract shall be not less than 10 acres in area. Tracts crossing municipal lines qualify to the extent that all other conditions of this municipality are met and that the proposed development is approved by the adjoining municipality.
B.
The lot area and yard requirements for single-family dwellings in R-1 Residential Districts (see § 26-63, of this chapter) shall apply to the lots within any mobile home park.
C.
All applications for a mobile home park or subdivision shall be accompanied by a plot plan showing location of the site, topography, drainage, number of units, access, road layout, name and address of abutting owners.
D.
Provisions must be made to connect each mobile home unit to public water and public sanitary sewer systems at the owners' expense.
E.
The Planning Commission may require suitable screen planting, or may restrict the proximity of mobile homes to other improvements to adjoining properties, or may attach such other condition or safeguard to the use of land for a mobile home park as the Commission may deem necessary to protect the general welfare.
§ 26-131 Buffers.
[Ord. No. 368, 11/7/2023]
A.
Buffers, fences, hedges or screens acceptable to the Planning Commission may be required to be erected and maintained to screen from view any outdoor storage or off street parking in any zoning district, except as otherwise specifically permitted.
B.
Where a commercial or industrial zone or mobile home park abuts a residential, conservation or agriculture district or where a newly constructed R-3 District abuts an R-1 District or where permitted outside storage in any district occurs the following regulations apply:
(1)
A fence or hedge acceptable to the Planning Commission may be required to be erected on the commercial, industrial or R-3 property to screen uses from view and/or to create a buffer between districts of disparity in building density or use.
(2)
A fifty-foot wide space along the side line in a commercial or industrial zone abutting a residential zone may not be used for commercial or manufacturing operations. Twenty feet of this area shall be suitably landscaped and maintained as a buffer. The remaining 30 feet may be utilized for parking or as side yard in which case a suitable year-round ground cover shall be maintained.
§ 26-132 Outdoor recreation uses.
[Ord. No. 368, 11/7/2023]
A.
Illumination. Where an outdoor recreation use or parking area uses lighting, it shall be so located and shielded that no objectionable glare or illumination is cast upon adjoining properties and minimizes impact to dark night skies.
B.
Swimming pools. No person shall construct, maintain, install, create or alter a private pool without first having secured a zoning permit. A pool which is removed and reset periodically shall require only one permit good for all time.
(1)
An application for such a permit accompanied by two sets of plans and specifications, or proper descriptive brochures, shall be made to the Zoning Officer by the owner of the property, or his authorized agent.
(2)
A permanent pool, portable pool or collapsible pool shall not be constructed, installed, located or maintained within 15 feet of any property line, nor nearer to any street line upon which the residence fronts than the existing setback line of said residence building, but in no case, regardless of building setback line, shall a pool be located less than 40 feet from the front street line and in the case of a corner lot, a pool shall not be constructed any closer to the side street line than to the street at the front of the residence.
(3)
All permanent swimming pools now existing or hereafter constructed, installed, established or maintained, shall be enclosed by a permanent fence of durable material at least four feet in height but not more than six feet in height and shall be so constructed as not to have openings, mesh or gaps larger than four square inches in any direction, except for doors and gates and if a picket fence is erected or maintained, the horizontal dimension shall not exceed four inches. All gates used in conjunction with the fence shall meet the same specifications as to the fence itself and shall be equipped with approved locking devices and shall be locked at all times when the permanent swimming pool is not in use. All existing permanent swimming pools shall be fenced in within 180 days after passage of this chapter.
(4)
Such fence, wall or other structure as provided in this chapter shall be constructed of such material and in such manner as to effectively prevent unauthorized access to the pool by children and other persons.
(5)
All portable or collapsible pools unless enclosed by a fence of the type and dimensions hereinabove specified shall be either: (a) emptied when not in use or unattended; or (b) covered with a suitable strong protective covering securely fastened or locked in place when not in use or unattended.
(6)
The provisions of this chapter regulating fencing shall not apply to pools having sides extending four feet above grade, provided that the stairs, or other means of access to the pool, are removed or closed with a gate as provided in this chapter at all times when such pool is not in use.
(7)
A dwelling or accessory building may be considered as part of the fence required under this section; however, the height requirements for a fence shall not apply to the said dwelling or accessory building.
(8)
No private pool shall be used in such a manner as to create a nuisance to other property owners in the vicinity.
(9)
All materials used in the construction of private pools shall be waterproof and so designed and constructed as to facilitate emptying and cleaning and shall be maintained and operated in such a manner as to be clean and sanitary at all times.
(10)
Private pools as aforesaid shall not be connected to the sanitary sewer system and all waters from the pool shall be discharged and in such manner that another person's property is not damaged or affected by the discharge of the said water. Water may be discharged from a swimming pool into a street or alley, if proper drainage facilities are available (during nonrainy days) and with the permission of the Zoning Officer.
(11)
The owner or operator of any private pool within the Borough shall allow the Zoning Officer or other authorized official access to any private property or private swimming pool appurtenant thereto for the purpose of inspection to ascertain compliance with this chapter.
(12)
The provisions of this section shall be in addition to any ordinance enacted on the subject of swimming pools by the Board of Health of Perry County.
§ 26-133 Abatement of noxious influences.
[Ord. No. 368, 11/7/2023]
A.
Noise.
(1)
The sound level of any operation (other than the operation of motor vehicles or other transportation facilities, operations involved in the construction or demolition of structures, emergency alarm signals, time signals, or light residential outdoor equipment) shall not exceed the decibel levels in the designated frequency bands stated below. The sound pressure level shall be measured with a sound level meter and an octave band analyzer that conform to the specifications published by the American Standards Association. (American Standard Sound Level Meters for Measurement of Noise and Other Sounds, Z24.3 -1944, American Standards Association, Inc., New York, New York; and the American Standard Specification for an Octave Band Filter Set for the Analysis of Noise and Other Sounds, Z24. 10 — 1953, American Standards Association, Inc., New York, New York, shall be used.)
(2)
Sound pressure levels shall be measured at the property line upon which the emission occurs. The maximum permissible sound pressure levels for smooth and continuous noise shall be as follows: (All of the decibel levels stated below shall apply in each case.)
Frequency Band (cycles per second) | Maximum Permitted Sound Pressure Level (Decibels) |
|---|---|
0 to 150 | 67 |
150 to 300 | 59 |
300 to 600 | 52 |
600 to 1,200 | 46 |
1,200 to 2,400 | 40 |
2,400 to 4,800 | 34 |
Above 4,800 | 32 |
(3)
If the noise is not smooth and continuous or is radiated during sleeping hours, one or more of the corrections below shall be added to or subtracted from each of the decibel levels given herein.
Type of Operation or Character of Noise | Correction in Decibels |
|---|---|
Noise occurs between the hours of 10:00 p.m. and 7:00 a.m. | -3 |
Noise occurs less than 5% of any one-hour period | +5 |
Noise is of periodic character (hum, scream, etc.) or impulsive character (hammering, etc.) | -5 |
(In the case of impulsive noise, the correction shall apply only to the average pressure during an impulse; and impulse peaks shall not exceed the basic standards given above.) | -5 |
B.
Smoke, No smoke shall be emitted from any chimney or other source of visible gray opacity greater than No. 1 on the Ringlemann Smoke Chart published by the U.S. Bureau of Mines, except that smoke of a shade not darker than No. 2 on the Ringlemann Chart may be emitted for not more than four minutes in any thirty-minute period.
C.
Dust and particles. The emission of dust, fire, fly ash, fumes, vapors or gases which can cause any damage to human health, animals, vegetation or property or which can cause soiling at any point beyond the lot line of the use creating the emission is herewith prohibited.
No emission of liquid or solid particles from any chimney or other source shall exceed 0.3 grains per cubic foot of the governing gas at any point beyond the lot line of the use creating the emission. For measurement of the amount of particles in gases resulting from combustion, standard correction shall be applied to a stack temperature of 500° F. and 50% excess air in stack at full load.
D.
Odor. Odorous material released from any operation or activity shall not exceed the odor threshold beyond the lot line, measured either at ground level or habitable elevation. "Odor threshold" is defined as the lowest concentration of odorous matter that produces an olfactory response in normal human beings. Odor thresholds shall be measured in accordance with ASTM d 193157 "Standard Method for Measurement of Odor in Atmosphere (Dilution Method)" or its equivalent.
E.
Heat. No heat from any use shall be sensed at any property line to the extent of raising the temperature of air or materials more than 1° F.
F.
Glare. Any operation or activity producing glare shall be conducted so that direct or indirect light from the source shall not cause illumination in excess of 0.5 footcandles when measured in any district. Lighting shall be shielded such that no objectionable glare or illumination is cast upon adjoining properties and minimizes impact to dark night skies.
G.
Vibration. No use shall cause vibrations exceeding the maximum values specified in this section. The maximum vibration is given as particle velocity, which may be measured directly with suitable instrumentation or computed on the basis of displacement and frequency. When computed, the following formula shall be used:
PV = 6.28FxD | ||
Where: | ||
PV | = | particle velocity, inches per second |
F | = | vibration frequency, cycles per second |
D | = | single amplitude displacement of the vibration, inches |
At any adjacent lot line, PV shall not exceed 0.10 inches per second; except, within any residential district, PV shall not exceed 0.02 inches per second. Where vibration is produced as discrete impulses and such impulses do not exceed a frequency of 100 per minute, then the values in these values may be multiplied by two.
Particle velocity shall be the vector sum of three individual components measured simultaneously in three mutually perpendicular directions.
§ 26-134 Home occupation regulations.
[Ord. No. 368, 11/7/2023]
A.
Uses. The term "home occupation" shall include the practice of an occupation, conducting exclusively legal activities, subject to these regulations by a resident of the dwelling which is incidental or secondary to the use of the property as a residence and shall be compatible with surrounding residential uses.
"Home occupations," as defined in Part 2 of this chapter and in accordance with all other attributes and limitations defined here in § 26-134 of this chapter, may be deemed a permitted (by right) use, a special exception use or a variance, for purposes of approval, depending on the zoning district in which a dwelling is situated.
B.
Restricted dwellings. Home occupations shall not be permitted in two-family or multiple-family dwellings, unless granted a variance by the Zoning Hearing Board.
C.
Size restrictions. The practice of a home occupation shall occupy no more than 25% of the total floor area of the practitioner's dwelling unit (or be granted a variance).
D.
Off-street parking requirements. Up to three off-street parking spaces located behind the front building setback line, in addition to those required by the zoning district, may be required if the practice of the home occupation involves contact with the public or the employment of others. Such off-street parking is strictly related to light-duty passenger vehicles. Planning Commission may require that parking of any vehicles and/or equipment as part of a home occupation be behind building setback lines, within buildings or behind approved buffers/screening per § 26-131.
F.
Use restrictions (subject to variance).
(1)
No use shall be conducted in an open area.
(2)
No storage of materials or products in open areas shall be permitted.
(3)
There shall be no substantive display of retail/wholesale goods and no stockpiling of inventory on the premises.
(4)
No equipment or process may be used 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.
(5)
No potentially dangerous effluent from operations shall be discharged and no solid waste or sewage discharge in volume or type which is not normally associated with residential use is permitted.
(6)
No material designed for use as an explosive shall be reproduced or stored on the premises.
(7)
No advertising or displays other than signs permitted in residential zoning districts as restricted by Sign Regulations, § 26-128 of this chapter.
(8)
No conduct of any activity shall be visible from any property line.
(9)
The use shall not require delivery or pickup by tractor-trailer trucks.
(10)
No excavating equipment, commercial vehicles, campers, trailers, watercraft, or towable equipment shall be parked overnight outdoors on a residential lot or an adjacent street as part of a home occupation in any residential district, except as permitted by this chapter.
G.
No-impact home-based businesses. Certain home occupations as determined by the Zoning Officer, or in consultation with the Planning Commission shall qualify as a no-impact home-based business. Per the definition in Part 2 of this chapter, a no-impact home-based business, involves no customer, client, patient or employee traffic, whether vehicular or pedestrian, no signs, sounds or lights, and no pickup, delivery or removal functions to or from the premises in excess of those normally associated with residential use." Note that one residential nameplate sign, as specified in § 26-128B(1) of this chapter shall be allowed. A no-impact home-based business shall be permitted in any dwelling in any zoning district in accordance with the requirements specified in this section, except that such accessory use shall not supersede any deed restriction, covenant or agreement restricting the use of land, nor any master deed, bylaw or other document applicable to a common-interest-ownership community.
H.
Home occupations, in accordance with this section, but that do not qualify, in the opinion of the Zoning Officer and/or the Planning Commission, as no impact shall be subject to approval as specified in the zoning district of the dwelling and shall require a zoning permit as specified in § 26-162 of this chapter.
I.
Remote working.
(1)
Nothing in this section shall otherwise prohibit a resident from telecommuting or working from home, where any such work activities are in accordance with the standards for no-impact home-based business.
(2)
All such remote working would be conducted online or by telephone, and would not involve physical products, services, tools or equipment, client traffic, noise, or other methods or activities which would disqualify such work as being likened to a no-impact home-based business.
§ 26-135 Removal of natural resources.
[Ord. No. 368, 11/7/2023]
A.
Scope. The removal of natural resources from any site in the Borough shall be prohibited, unless specifically permitted in a zoning district.
C.
Construction restrictions. The removal of natural resources as a part of site preparation for construction of a building or for grading incidental to such construction shall be permitted provided that a permit is granted by the Zoning Officer and in accordance with state and federal regulations.
D.
Mining restrictions. The removal of natural resources for mining purposes may be permitted for a limited period if a special permit is granted by the Zoning Hearing Board, provided that a bond or escrow fund is established to assure the backfill of the excavation at the established grade existing prior to excavation. The amount of the bond or escrow shall be determined by the Zoning Hearing Board but shall not be less than 110% of the estimated cost.
§ 26-136 Design standards.
[Ord. No. 368, 11/7/2023]
A.
Physical setting and building location.
(1)
The natural terrain and existing attractive features of the site shall be incorporated into the development when possible.
(2)
Buildings shall not be physically located to unnecessarily concentrate activity in one portion of the lot creating traffic congestion, stormwater drainage and/or other possible problems in supplying necessary utilities.
B.
Access and traffic control. No driveway or street to service a use shall be located within 40 feet from the intersection of any street lines. When any driveway or street shall provide access for more than 25 parking spaces, the approval of the design shall be subject to review by the members of a municipal governing body charged with the administration of streets and public safety. No design shall be approved which is likely to create substantial traffic hazards endangering the public safety. Safety requirements which may be imposed in such a review shall include traffic control devices, acceleration or deceleration lanes, turning lanes, traffic and lane markings, and signs.
C.
Interior circulation. The interior circulation of traffic shall be designed so that no driveway or street providing parking spaces shall be used as a through street. If parking spaces are indicated by lines with angles other than 90°, then traffic lanes shall be restricted to one-way with suitable markings permitting head-in parking. No driveway or street used for interior circulation shall have traffic lanes less than 10 feet in width. Areas for loading shall be separate from customer parking areas.
D.
Parking and paved areas.
(1)
All parking areas shall be paved with an all-weather surface, unless permitted stormwater management plans necessitate an approved permeable surface. A curbing, exclusive of driveway entries, shall be provided to separate streets and street parking from all developed properties in the municipality.
E.
Off-street parking lot design standards.
(1)
Parking spaces shall be clearly delineated by painted lines or markers.
(2)
Stalls shall be provided with bumper guards or wheel stops when necessary for safety or protection of adjacent structures or landscaped area.
(3)
Surface drainage shall be connected to the existing or proposed on-site drainage system in accordance with current best practices for stormwater management.
(4)
All vehicular entrances and exits to parking areas shall be clearly designated.
(5)
Short-term visitor parking spaces shall be differentiated from long- term employee spaces by suitable markings.
(6)
If spaces are used during evening hours, appropriate lighting shall be provided.
(7)
If off-street parking provides space for 25 or more cars, then at least 5% of the paved area shall be maintained in planting.
F.
Lighting. All parking areas, driveways and loading areas shall be provided with a lighting system which shall furnish a minimum of 35-footcandles at any point during hours of operation, with lighting standards in parking areas being located not farther than 100 feet apart. All lighting shall be completely shielded from traffic on any public right-of-way and from any adjoining property. All newly install, replaced, or upgraded exterior lighting should utilize designs that shield the dark night sky from light pollution by directing the light downward and not toward the sky.
G.
Outdoor storage.
(1)
Outdoor storage of any type shall not be permitted unless such storage is a part of the normal operations conducted on the premises subject to design and performance standards for the prevailing zoning district.
(a)
A fence or hedge acceptable to the Planning Commission may be required to be erected in any zone to screen from view any outdoor storage.
(2)
Any article or material stored temporarily outside an enclosed building as an incidental part of the primary operation, shall be so screened by opaque ornamental fencing, walls or evergreen planting that it cannot be seen from adjoining public streets or adjacent lots when viewed by a person standing on the ground level. All organic rubbish or storage shall be contained in airtight, verminproof containers which shall also be screened from public view. All such storage shall be located behind the building setback line.
(3)
Any establishment which furnishes carts or mobile baskets, as an adjunct to shopping, shall provide definite areas within the required parking space areas for storage of said carts. Each designed storage area shall be clearly marked for storage of shopping carts.
H.
Separation distances. In those instances where several principal buildings are located on the same lot, the following separation distances will be provided between each building to ensure adequate light, air, and the accommodation of vehicular traffic and parking:
(1)
Front to front, rear to rear, parallel buildings shall have at least 50 feet between faces of the building. If the front or rear faces are obliquely aligned, the above distances may be decreased by as much as 10 feet at one end if increased by similar or greater distance to the other end.
(2)
A minimum yard space of 30 feet is required between end walls of buildings. If the buildings are at right angles to each other, the distance between the corners of the end walls of the building may be reduced to a minimum of 20 feet.
(3)
A minimum yard space of 30 feet is required between end walls and front or rear faces of buildings.
(4)
All multiple-family dwelling buildings shall be set back a minimum of 15 feet from any interior access drives or parking facilities contained on commonly held lands.
(5)
If the property abuts an arterial or collector road, the minimum front yard setback shall be 40 feet from the right-of-way line.
I.
Storm water management. On-site stormwater detention, based on then current best practices, shall be designed as part of any such new construction, improvements, paving, or maintenance impacting water drainage for impervious surfaces of greater than 1,000 square feet. Following detention, excess drainage shall be safely directed into the municipal drainage system and shall not be directed into the public sanitary sewer.
J.
Construction standards. Modular/manufactured (but not mobile/manufactured) homes and those fully built on-site which meet HUD and state requirements for dwellings are permitted in any zoning district in accordance with the rules of each district. Mobile homes, any manufactured homes designed to be relocated, or otherwise nonconforming dwellings are only permitted in approved mobile home parks and shall be in accordance with the requirements as provided by this chapter, see § 26-130, and those in Chapter 13, Mobile Homes and Mobile Home Parks, and Chapter 21, Subdivision and Land Development.
§ 26-137 Attached dwellings (town/row houses, patio homes, cluster homes).
[Ord. No. 368, 11/7/2023]
A.
In the case of attached dwellings, side yards (setbacks) shall not be provided on the interior dwelling units, and only one side yard shall be provided for each of the end dwelling units.
B.
No line or cluster of attached dwellings may contain more than five dwelling units (Note: See §§ 26-112, 26-113 and 26-115 of this chapter.) in an R-3 District and no more than four units in other districts where such dwellings are a permitted use. For each row/cluster of attached dwellings containing more than three dwellings/units, no more than 60% of such units shall have the same building lines, the minimum variation of building lines shall be at least two feet. In addition, no more than two contiguous units shall have identical roof lines that generally parallel the ground along the same horizontal plane.
C.
Each newly constructed attached dwelling must meet or exceed 24 feet in width, not inclusive of garages or accessory storage areas.
D.
All attached dwellings shall provide access to the rear of each property, such that interior dwelling units have an unobstructed ten-foot easement via the side yard of end units and the rear of all adjoined units where no alley or side street exists. This easement shall be shown on the plat and incorporated into each deed transferring title to the property.
§ 26-138 Wireless communications facilities.
[Ord. No. 368, 11/7/2023]
A.
Purpose and fact finding.
(1)
The purpose of this section is to establish uniform standards for the siting, design, permitting, maintenance, and use of wireless communications facilities in Bloomfield Borough (referred to herein as the "Borough"). While the Borough recognizes the importance of wireless communications facilities in providing high quality communications service to its residents and businesses, the Borough also recognizes that it has an obligation to protect public safety and to minimize the adverse visual effects of such facilities through the standards set forth in the following provisions.
(2)
By enacting these provisions, the Borough intends to:
(a)
Accommodate the need for wireless communications facilities while regulating their location and number so as to ensure the provision of necessary services;
(b)
Provide for the managed development of wireless communications facilities in a manner that enhances the benefits of wireless communication and accommodates the needs of both Borough residents and wireless carriers in accordance with federal and state laws and regulations;
(c)
Establish procedures for the design, siting, construction, installation, maintenance and removal of both commercial communication towers and commercial communication antennas in the Borough, including facilities both inside and outside the public rights-of-way;
(d)
Address new wireless technologies, including, but not limited to, distributed antenna systems, and other wireless communications facilities;
(e)
Minimize the adverse visual effects and the number of such facilities through proper design, siting, screening, material, color and finish, and by requiring that competing providers of wireless communications services co-locate their commercial communication antenna and related facilities on existing towers;
(f)
Promote the health, safety and welfare of the Borough's residents by protecting recognized amenities within the Borough and providing for coordinated development.
B.
General and technical requirements.
(1)
Regulations for all wireless communications facilities.
(a)
In addition to compliance with Pennsylvania General Assembly Action 50, the following general regulations shall apply to all wireless communications facilities located in the Borough:
[1]
Standard of care. Any wireless communications facility shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including, but not limited to, the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, and National Electrical Code. Any WCF shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Borough.
[2]
Wind. All wireless communications facilities shall be designed to withstand the effects of wind gusts of at least 100 miles per hour in addition to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association and Telecommunications Industry Association (ANSI/TIA-222; as amended).
[3]
Aviation safety. Wireless communications facilities shall comply with all federal and state laws and regulations concerning aviation safety.
[4]
Public safety communications. Wireless communications facilities shall not interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.
[5]
Noncommercial usage exemption. Borough residents utilizing satellite dishes and antennas for the purpose of maintaining television, phone, radio, and/or internet connections at their respective residences shall be exempt from the regulations enumerated in this section of the Zoning Ordinance.
[6]
Radio frequency emissions. A wireless communications facility shall not, by itself or in conjunction with other wireless communications facility(ies), generate radio frequency emissions in excess of the standards and regulations of the FCC, including, but not limited to, the FCC Office of Engineering Technology Bulletin 65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended.
[7]
Historic buildings or districts. The siting and construction of any type of wireless communications facility is strictly prohibited in the H-1 Historic District. Furthermore, no WCF shall be located upon a property, and/or on a building or structure that is listed on either the National or Pennsylvania Registers of Historic Places, or is included in the official historic structures and/or historic districts list maintained by the Borough.
[8]
Insurance. Each person that owns or operates a wireless communications facility shall provide the Borough with a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the wireless communications facility.
[9]
Maintenance. To the extent permitted by law, the following maintenance requirements shall apply:
[a]
The wireless communications facility shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.
[b]
Such maintenance shall be performed to ensure the upkeep of the facility in order to promote the safety and security of the Borough's residents.
[c]
All maintenance activities shall utilize nothing less than the best available technology for preventing failures and accidents.
[10]
Permit fees. The Borough may assess appropriate and reasonable permit fees directly related to the Borough's actual costs in reviewing and processing the application for approval of a wireless communications facility, as well as related inspection, monitoring, and related costs.
[11]
Retention of experts. The Borough may hire any consultant and/or expert necessary to assist the Borough in reviewing and evaluating the application for approval of a wireless communications facility and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of these provisions. The applicant and/or owner of the WCF shall reimburse the Borough for all costs of the Borough's consultant(s) in providing expert evaluation and consultation in connection with these activities.
[12]
Inspection. The Borough reserves the right to inspect any WCF to ensure compliance with the provisions of the Zoning Ordinance and any other provisions found within the Borough Code or state or federal law. The Borough and/or its agents shall have the authority to enter the property upon which a WCF is located at any time, upon reasonable notice to the operator, to ensure such compliance.
[13]
Financial security. Prior to receipt of a zoning permit for the construction or placement of a wireless communications facility, the applicant shall provide to the Borough financial security sufficient to guarantee the removal of the wireless communications facility. Said financial security shall remain in place until the wireless communications facility is removed.
[14]
Indemnification. Each person that owns or operates a wireless communications facility shall, at its sole cost and expense, indemnify, defend and hold harmless the Borough, its elected and appointed officials, employees and agents, at all times against any and all claims for personal injury, including death, and property damage arising in whole or in part from, caused by or connected with any act or omission of the person, its officers, agents, employees or contractors arising out of, but not limited to, the construction, installation, operation, maintenance or removal of the wireless communications facility. Each person that owns or operates a wireless communications facility shall defend any actions or proceedings against the Borough in which it is claimed that personal injury, including death, or property damage was caused by the construction, installation, operation, maintenance or removal of a wireless communications facility. The obligation to indemnify, hold harmless and defend shall include, but not be limited to, the obligation to pay judgments, injuries, liabilities, damages, reasonable attorneys' fees, reasonable expert fees, court costs and all other costs of indemnification.
[15]
Removal. In the event that use of a wireless communications facility is discontinued, the owner shall provide written notice to the Borough of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned WCF or portions of WCF shall be removed as follows:
[a]
All abandoned or unused commercial communication antennas and related equipment shall be removed within two months of the cessation of operations at the site unless a time extension is approved by the Borough. Abandoned or unused commercial communication towers shall be removed within six months of the cessation of operations.
[b]
If the wireless communications facility or related equipment is not removed within the applicable timeframe specified herein, or within any longer period approved by the Borough, the wireless communications facility and/or related equipment may be removed by the Borough and the cost of removal assessed against the owner of the WCF.
(b)
In addition to the provisions listed in § 26-138B(1)(a) through (j), the following shall apply to all wireless communications facilities located in the public rights-of-way.
[1]
Co-location. Proposed wireless communications facility shall be co-located on existing wireless support structures when possible. Commercial communication antennas in the ROW shall be co-located on existing poles, such as existing utility poles or light poles. If co-location is not technologically feasible, the applicant, with the Borough's approval, shall locate its proposed facility on existing poles or freestanding structures that do not already act as wireless support structures.
[2]
Design requirements:
[a]
WCF installations located above the surface grade in the public ROW, including, but not limited to, those on streetlights and joint utility poles, shall consist of equipment components that are no more than six feet in height and that are compatible in scale and proportion to the structures upon which they are mounted. All equipment shall be the smallest and least visibly intrusive equipment feasible.
[b]
Wireless communications facilities and related equipment shall be treated to match the supporting structure and may be required to be painted, or otherwise coated, to be visually compatible with the support structure upon which they are mounted.
[3]
Time, place and manner. The Borough shall determine the time, place and manner of construction, maintenance, repair and/or removal of all wireless communications facilities in the ROW based on public safety, traffic management, physical burden on the ROW, and related considerations. For public utilities, the time, place and manner requirements shall be consistent with the police powers of the Borough and the requirements of the Public Utility Code.[1]
[4]
Equipment location. Wireless communications facilities and related equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to otherwise create safety hazards to pedestrians and/or motorists or to otherwise inconvenience public use of the ROW as determined by the Borough. In addition:
[a]
In no case shall ground-mounted related equipment, walls, or landscaping be located within 18 inches of the face of the curb or within an easement extending onto a privately owned lot.
[b]
Ground-mounted related equipment that cannot be placed underground shall be screened, to the fullest extent possible, through the use of landscaping or other decorative features to the satisfaction of the Borough. Required electrical meter cabinets shall the screened to blend in with the surrounding area to the satisfaction of the Borough.
[c]
Any graffiti on any wireless support structures or any related equipment shall be removed at the sole expense of the owner.
[d]
Any proposed underground vault related to wireless communications facilities shall be reviewed and approved by the Borough.
[5]
Relocation or removal of facilities. Within two months following written notice from the Borough, or such longer period as the Borough determines is reasonably necessary or such shorter period in the case of an emergency, an owner of a wireless communications facility in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any wireless communications facility when the Borough, consistent with its police powers and applicable Public Utility Commission regulations, shall have determined that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:
[a]
The construction, repair, maintenance or installation of any Borough or other public improvement in the right-of-way;
[b]
The operations of the Borough or other governmental entity in the right-of-way;
[c]
Vacation of a street or road or the release of a utility easement; or
[d]
An emergency as determined by the Borough.
[6]
Reimbursement for ROW use. In addition to permit fees, every wireless communications facility in the ROW is subject to the Borough's right to fix annually a fair and reasonable fee to be paid for use and occupancy of the ROW. Such compensation for ROW use shall be directly related to the Borough's actual ROW management costs, including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other ROW management activities by the Borough. The owner of each wireless communications facility shall pay an annual fee to the Borough to compensate the Borough for the Borough's costs incurred in connection with the activities described above.
(2)
Specific regulations pertaining to commercial communication antennas.
(a)
In addition to all applicable regulations in § 26-138(B), the following shall apply to commercial communication antennas that do not fall under the Pennsylvania Wireless Broadband Collocation Act:[2]
[1]
Permitted by conditional use. Commercial communication antennas shall be located on light poles and traffic lights. If such placement is not possible, commercial communication antennas are permitted by conditional use in all zones subject to the restrictions and conditions prescribed below and subject to applicable permitting by the Borough. Any applicant proposing the construction of a new commercial communication antenna, or the modification of an existing commercial communication antenna, shall first obtain conditional use permission from the Borough. New constructions, modifications, and replacements that fall under the WBCA shall be not be subject to the conditional use process. The conditional use application shall demonstrate that the proposed facility complies with all applicable provisions in the Bloomfield Borough Zoning Ordinance.
[2]
Prohibited on certain structures. No commercial communication antenna shall be located on single-family detached residences, single-family attached residences, or any residential accessory structure.
[3]
Stealth technology. Commercial communication antennas shall employ stealth technology and shall be treated to match the wireless support structure in order to minimize aesthetic impact. The application of the stealth technology chosen by the applicant shall be subject to the approval of the Borough.
[4]
Timing of approval for co-location applications that do not fall under the WBCA. Within 30 calendar days of the date that an application for a commercial communication antenna is filed with the Borough, the Borough shall notify the applicant in writing of any information that may be required to complete such application. Within 90 calendar days of receipt of a complete application, the Borough shall make its final decision on whether to approve the application and shall advise the applicant in writing of such decision.
[5]
Development regulations. Commercial communication antennas shall be co-located on existing wireless support structures, such as existing buildings or commercial communication towers, subject to the following conditions:
[a]
The total height of any wireless support structure and mounted WCF shall not exceed 20 feet above the maximum height permitted in the underlying zoning district, unless the applicant applies for, and subsequently obtains, a variance.
[b]
In accordance with industry standards, all applicants must submit documentation to the Borough justifying the total height of the commercial communication antenna. Such documentation shall be analyzed in the context of such justification on an individual basis.
[6]
Replacement and modification.
[a]
To the extent permitted by law, the removal and replacement of commercial communication antennas and/or related equipment for the purpose of upgrading or repairing the WCF is permitted, so long as such repair or upgrade does not substantially change the overall size of the WCF or the number of commercial communication antennas.
[b]
Any material modification to a WCF shall require notice to be provided to the Borough, and possible supplemental permit approval to the original permit or authorization.
[2]
Editor's Note: See 53 P.S. § 11702.1 et seq.
(b)
The following regulations shall apply to all co-located commercial communication antennas that fall under the Pennsylvania Wireless Broadband Collocation Act[3] and FCC's October 2014 Report and Order.
[1]
Permit required. Applicants proposing the modification of an existing commercial communication tower shall obtain a building permit from the Borough. In order to be considered for such permit, the applicant must submit a permit application to the Borough in accordance with applicable permit policies and procedures.
[2]
Timing of approval for applications that fall under the WBCA. Within 30 calendar days of the date that an application for a commercial communication antenna is filed with the Borough, the Borough shall notify the applicant in writing of any information that may be required to complete such application. Within 60 calendar days of receipt of a complete application, the Borough shall make its final decision on whether to approve the application and shall advise the applicant in writing of such decision.
[3]
Permit fees. The Borough may assess appropriate and reasonable permit fees directly related to the Borough's actual costs in reviewing and processing the application for approval of a commercial communication antenna or $1,000, whichever is less.
[3]
Editor's Note: See 53 P.S. § 11702.1 et seq.
(3)
Specific requirements for all commercial communication towers.
(a)
In addition to the regulations enumerated in § 26-138B(1), the following regulations shall apply to all commercial communication towers:
[1]
Notice. Upon submission of an application for a commercial communication tower and the scheduling of the public hearing upon the application, the applicant shall mail notice to all owners of every property within 500 feet of the proposed facility. The applicant shall provide proof of the notification to the Borough.
[2]
Conditional use authorization required. Commercial communication towers are permitted by conditional use, and at a height necessary to satisfy their function in the applicant's wireless communications system. No applicant shall have the right under these regulations to erect a tower to the maximum height specified in this section unless it proves the necessity for such height. The applicant shall demonstrate that the commercial communication tower is the minimum height necessary for the service area.
[a]
Prior to Council's approval of a conditional use authorizing the construction and installation of a commercial communication tower, it shall be incumbent upon the applicant for such conditional use approval to prove to the reasonable satisfaction of the Council that the applicant cannot adequately extend or infill its communications system by the use of equipment such as redoes, repeaters, commercial communication antennas and other similar equipment installed on existing structures, such as utility poles or other available tall structures. The applicant shall further demonstrate that the proposed commercial communication tower must be located where it is proposed in order to serve the applicant's service area and that no other viable alternative location exists.
[b]
The conditional use application shall be accompanied by a propagation study evidencing the need for the proposed tower or other communication facilities and equipment, a description of the type and manufacturer of the proposed transmission/radio equipment, the frequency range (megahertz band) assigned to the applicant, the power in watts at which the applicant transmits, and any relevant related tests conducted by the applicant in determining the need for the proposed site and installation.
[c]
Where the commercial communication tower is located on a property with another principal use, the applicant shall present documentation to the Borough Council that the owner of the property has granted an easement for the proposed WCF and that vehicular access will be provided to the facility.
[d]
The conditional use application shall be accompanied by documentation demonstrating that the proposed commercial communication tower complies with all applicable provisions in the Bloomfield Borough Zoning Code.
[3]
Engineer inspection. Prior to the Borough's issuance of a permit authorizing construction and erection of a commercial communication tower, a structural engineer registered in Pennsylvania shall issue to the Borough a written certification of the proposed WCF's ability to meet the structural standards offered by either the Electronic Industries Association or the Telecommunication Industry Association and certify the proper construction of the foundation and the erection of the structure. This certification shall be provided during the conditional hearings, or at a minimum, be made as a condition attached to any approval given such that the certification be provided prior to issuance of any building permits.
[4]
Visual appearance. Commercial communication towers and their related equipment shall employ stealth technology. They shall be aesthetically and architecturally compatible with the surrounding environment and shall maximize the use of a like facade to blend with the existing surroundings and neighboring buildings to the greatest extent possible. Borough Council shall consider the type of stealth technology chosen by the applicant in its consideration of the applicant's conditional use application.
[5]
Co-location and siting. An application for a new commercial communication tower shall demonstrate that the proposed commercial communication tower cannot be accommodated on an existing or approved structure or building, or sited on land owned by Bloomfield Borough. Borough Council may deny an application to construct a new commercial communication tower if the applicant has not made a good faith effort to mount the commercial communication antenna(s) on an existing structure or wireless support structure. The applicant shall demonstrate that it contacted the owners of tall structures, buildings, and towers within a 1/2 of a mile radius of the site proposed, sought permission to install an antenna on those structures, buildings, and towers and was denied for one of the following reasons:
[a]
The proposed antenna and related equipment would exceed the structural capacity of the existing building, structure or tower, and its reinforcement cannot be accomplished at a reasonable cost.
[b]
The proposed antenna and related equipment would cause radio frequency interference with other existing equipment for that existing building, structure, or tower and the interference cannot be prevented at a reasonable cost.
[c]
Such existing buildings, structures, or towers do not have adequate location, space, access, or height to accommodate the proposed equipment or to allow it to perform its intended function.
[d]
A commercially reasonable agreement could not be reached with the owner of such building, structure, or tower.
[6]
Permit required for modifications. To the extent permissible under applicable state and federal law, any applicant proposing the modification of an existing commercial communication tower, which increases the overall height of such WCF, shall first obtain a building permit from the Borough. Nonroutine modifications shall be prohibited without such permit.
[7]
Gap in coverage. An applicant for a commercial communication tower must demonstrate that a significant gap in wireless coverage exists in the applicable area and that the type of WCF being proposed is the least intrusive means by which to fill that gap in wireless coverage. The existence or nonexistence of a gap in wireless coverage shall be a factor in the Borough's decision on an application for approval of commercial communication tower.
[8]
Additional antennas. As a condition of approval for all commercial communication tower, the applicant shall provide the Borough with a written commitment that it will allow other service providers to co-locate antennas on commercial communication towers where technically and economically feasible. To the extent permissible by law, the owner of a commercial communication tower shall not install any additional antennas without obtaining the prior written approval of the Borough.
[9]
Height. Any commercial communication tower shall be designed at the minimum functional height. In all zoning districts the maximum height of any new commercial communication tower shall be 200 feet. An existing tower may be modified or extended to a height not to exceed a total height of 215 feet, to accommodate the co-location of additional communications antennas. Commercial communication towers in the ROW shall not exceed a height equal to that of utility poles and/or light poles within 1/10 of a mile from the proposed commercial communication tower site.
[10]
Related equipment. Either one single-story wireless communications equipment building not exceeding 500 square feet in area or up to five metal boxes placed on a concrete pad not exceeding 10 feet by 20 feet in area housing the receiving and transmitting equipment may be located on the site for each unrelated company sharing commercial communication antenna(e) space on the commercial communication tower.
[11]
Signs. All commercial communication towers shall post a sign in a readily visible location identifying the name and phone number of a party to contact in the event of an emergency. The only other signage permitted on the WCF shall be those required by the FCC, or any other federal or state agency.
[12]
Lighting. No commercial communication tower shall be artificially lighted, except as required by law. If lighting is required, the applicant shall provide a detailed plan for sufficient lighting, demonstrating as unobtrusive and inoffensive an effect as is permissible under state and federal regulations. The applicant shall promptly report any outage or malfunction of FAA-mandated lighting to the appropriate governmental authorities and to the Borough Manager.
[13]
Noise. Commercial communication towers shall be operated and maintained so as not to produce noise in excess of applicable noise standards under state law and the Borough Code, except in emergency situations requiring the use of a backup generator, where such noise standards may be exceeded on a temporary basis only.
[14]
Timing of approval. Within 30 calendar days of the date that an application for a commercial communication tower is filed with the Borough, the Borough shall notify the applicant in writing of any information that may be required to complete such application. All applications for commercial communication towers shall be acted upon within 150 days of the receipt of a fully completed application for the approval of such commercial communication towers and the Borough shall advise the applicant in writing of its decision.
[15]
Non-conforming uses. Nonconforming commercial communication towers which are hereafter damaged or destroyed due to any reason or cause may be repaired and restored at their former location, but must otherwise comply with the terms and conditions of this section.
[16]
FCC license. Each person that owns or operates a commercial communication tower over 40 feet in height shall submit a copy of its current FCC license, including the name, address, and emergency telephone number for the operator of the facility.
(b)
In addition to the requirements enumerated in § 26-138B(1)(a) and B(3)(a), the following regulations shall apply to commercial communication towers located outside the public rights-of-way:
[1]
Development regulations.
[a]
Commercial communication towers shall not be located within 75 feet of an area in which all utilities are located underground.
[b]
Commercial communication towers are permitted by conditional use, outside the public rights-of-way in the following zoning districts and may not be located within 100 feet of the boundary of such applicable zoning district:
[c]
Sole use on a lot. A commercial communication tower shall be permitted as a sole use on a lot, provided that the underlying lot meets the minimum size specifications set forth in the Borough Zoning Code.
[d]
Combined with another use. A commercial communication tower may be permitted on a property with an existing use, or on a vacant parcel in combination with another use, except residential, subject to the following conditions:
[i]
The existing use on the property may be any permitted use in the applicable district, and need not be affiliated with the WCF.
[ii]
Minimum lot area. The minimum lot shall comply with the requirements for the applicable district and shall be the area needed to accommodate the commercial communication tower and guy wires, the equipment building, security fence, and buffer planting if the proposed WCF is greater than 40 feet in height.
[iii]
Minimum setbacks. The minimum distance between the base of a commercial communication tower and any adjoining property line or street right-of-way line shall be equal to 100% of the height of the commercial communication tower or the minimum front yard setback of the underlying zoning district, whichever is greatest. Where the site on which a commercial communication tower is proposed to be located is contiguous to an educational use, child day-care facility, or agriculture or residential use, the minimum distance between the base of a commercial communication tower and any such adjoining uses shall equal 250 feet, regardless of the height of the commercial communication tower, unless it is demonstrated to the reasonable satisfaction of the Council that in the event of failure the WCF is designed to collapse upon itself within a setback area less than the required minimum setback without endangering such adjoining uses and their occupants.
[2]
Design regulations.
[a]
The WCF shall employ the most current stealth technology available in an effort to appropriately blend into the surrounding environment and minimize aesthetic impact. Application of the stealth technology chosen by the applicant shall be subject to the approval of the Borough.
[b]
To the extent permissible by law, any height extensions to an existing commercial communication tower shall require prior approval of the Borough.
[c]
Any proposed commercial communication tower shall be designed structurally, electrically, and in all respects to accommodate both the applicant's antennas and comparable antennas for future users.
[d]
Any commercial communication tower over 40 feet in height shall be equipped with an anticlimbing device, as approved by the manufacturer.
[3]
Surrounding environs.
[a]
The applicant shall ensure that the existing vegetation, trees and shrubs located within proximity to the WCF structure shall be preserved to the maximum extent possible.
[b]
The applicant shall submit a soil report to the Borough complying with the standards of Appendix I: Geotechnical Investigations, ANSI/EIA-222; as amended, to document and verify the design specifications of the foundation of the commercial communication tower, and anchors for guy wires, if used.
[4]
Fence/screen.
[a]
A security fence with a minimum height of 10 feet shall completely surround any commercial communication tower greater than 40 feet in height, as well as guy wires, or any building housing WCF equipment.
[b]
Landscaping shall be required to screen as much of a newly constructed commercial communication tower as possible. Borough Council may permit any combination of existing vegetation, topography, walls, decorative fences or other features instead of landscaping, if, in the discretion of the Council, they achieve the same degree of screening. Existing vegetation shall be preserved to the maximum extent possible.
[5]
Related equipment.
[a]
Ground-mounted related equipment associated to, or connected with, a commercial communication tower shall be placed underground or screened from public view using stealth technologies, as described herein.
[b]
All related equipment and associated structures shall be architecturally designed to blend into the environment in which they are situated and shall meet the minimum building setback requirements of the underlying zoning district.
[6]
Access road. An access road, turnaround space and parking shall be provided to ensure adequate emergency and service access to commercial communication tower. The access road shall be a dust-free all-weather surface for its entire length. Maximum use of existing roads, whether public or private, shall be made to the extent practicable. Road grades shall closely follow natural contours to assure minimal visual disturbance and minimize soil erosion. Where applicable, the WCF owner shall present documentation to the Borough that the property owner has granted an easement for the proposed facility.
[7]
Parking. For each commercial communication tower greater than 40 feet in height, there shall be two off-street parking spaces.
(c)
In addition to the requirements enumerated in § 26-138B(1)(b) and B(3)(a), the following regulations shall apply to commercial communication towers located in the public rights-of-way.
[1]
Location and development standards.
[a]
Commercial communication towers in the ROW are prohibited in areas in which utilities are located underground.
[b]
Commercial communication towers shall not be located in the front facade area of any structure.
[c]
Commercial communication towers shall be permitted along certain roads throughout the Borough, regardless of the underlying zoning district, provided that they are not situated within 50 feet of an area in which utilities are underground. A listing of such permitted roads is adopted via resolution of Borough Council and kept on file at the Borough Office.
[2]
Additional design regulations.
[a]
The WCF shall employ the most current stealth technology available in an effort to appropriately blend into the surrounding environment and minimize aesthetic impact. The application of the stealth technology chosen by the applicant shall be subject to the approval of the Borough.
[b]
Commercial communication towers in the ROW shall not exceed a height comparable to that of light poles and/or utility poles located within 1/10 of a mile from the proposed site of the commercial communication tower.
[c]
To the extent permissible under state and federal law, any height extensions to an existing commercial communication tower shall require prior approval of the Borough, and shall not increase the overall height of the commercial communication tower to more than 40 feet.
[d]
Any proposed commercial communication tower shall be designed structurally, electrically, and in all respects to accommodate both the applicant's antennas and comparable antennas for future users.
C.
Miscellaneous requirements.
(1)
Police powers. The Borough, by granting any permit or taking any other action pursuant to this chapter, does not waive, reduce, lessen or impair the lawful police powers vested in the Borough under applicable federal, state and local laws and regulations.
(2)
Severability. If any section, subsection, sentence, clause, phrase or word of this chapter is for any reason held illegal or invalid by any court of competent jurisdiction, such provision shall be deemed a separate, distinct and independent provision, and such holding shall not render the remainder of this chapter invalid.
§ 26-139 Solar Energy Systems.
[Ord. No. 368, 11/7/2023]
A.
Rooftop-mounted solar panels or photovoltaic (PV) roofing materials are permitted in all zoning districts on existing or approved buildings when mounted flat against the existing slope of the roof. Angled mounting, but not elevated, (no greater than a total angle of 40°) of rooftop solar panels is permitted in all districts, excluding the H-1 District visible on N. or S. Main Streets and N. or S. Carlisle Streets. All panels must be securely mounted using purpose-made mounting materials.
B.
Vertical, horizontal, or angled ground-mounted solar energy configurations for predominately on-site consumption ("accessory") needs are permitted in all zoning districts subject to the following limitations and constraints: No solar systems may be installed in front of the principle building nor in front of the building setback line. Side and rear setbacks may be as little as eight feet where the installation measures 10 feet high or less and district building setbacks apply for installations up to a maximum height of 18 feet. Total ground coverage per lot, including separation rows and drip lines from panels, may not exceed 1,000 square feet in Agricultural (A-1) Districts and 100 square feet in residential districts and other districts.
C.
Special exceptions may be granted by the Zoning Hearing Board for proposed solar production designed for predominately on-site use under the following conditions: If neighboring property owners provide written consent, and the square feet and height limitations are in conformance but the setbacks do not fully conform to another above-listed standard.
D.
Utility scale or community scale solar energy systems which are not exclusively roof mounted shall only be installed in Industrial Districts (I-1). Land development plans in accordance with PA and municipal ordinance apply.
E.
Zoning permits are required.
§ 26-140 Fences and walls.
[Ord. No. 374, 6/4/2024]
A.
Fences and walls are permitted by right in all districts. Unless otherwise stated herein, all fences and walls require a zoning permit, regardless of whether a building permit is also needed.
(1)
The Zoning Officer may waive the zoning permit and/or the zoning permit fee for fences less than three feet and walls less than two feet, when not located in the front yard or on a property line and deemed by the Zoning Officer to be ornamental. All fences and wall heights shall be measured by the average surrounding ground level.
(2)
It shall be unlawful to vary materially from the approved submitted plans and specifications unless such variations are submitted in an amended application to the Zoning Officer and approved by this official.
(3)
Fences or walls that have deteriorated, in the sole discretion of the Zoning Officer or Code Enforcement Officer, shall be replaced or removed.
B.
No fence, wall, or structure shall be permitted or erected within an existing street or alley right-of-way, or in a public or private drainage, utility or access easement, unless otherwise required by this chapter or other (municipality) ordinance. Where the street right-of-way is unclear, no fence or wall shall be permitted or erected within six feet of the curb or edge of the street. Any such structure erected in violation of this section shall be removed or relocated at the owner's expense.
C.
Fence materials. Any fence or wall shall be durably constructed and well-maintained. Fence and wall material must be approved by the Borough. No fence or wall shall be constructed out of corrugated metal, corrugated fiberglass, sheet metal, barbed wire, fabric, wood pallets, junk, junk and/or abandoned vehicles, appliances, tanks, brush, drums or barrels. Chain link fences shall not be allowed in the front yard in any district.
If a fence has a more finished side, the more finished side shall face toward the neighboring properties or street. Fence supports should be placed on the inside of the fence. If the fence is wood cover or wood composite on wood or wood composite frame, the framework must face onto the interior of the lot unless the fence is so designed as to provide equal frame and cover area to adjoining yards.
D.
Fence colors. Fencing colors may vary with the goal of blending into the surrounding area and any color that is neon or extremely vivid is prohibited.
E.
Setbacks. A fence shall not be required to comply with minimum setbacks for accessory structures unless otherwise required. A minimum one-foot setback between adjoining properties is recommended for maintenance purposes. A fence shall be located on the inside of any buffer plantings.
A fence may be constructed up to a lot line as follows:
(1)
Fence may be constructed on the lot line with mutual consent of the adjacent property owner; and
(2)
A fence may be constructed along the right-of-way of an alley, provided there is not an obstruction of safe sight distances and provided there is a setback of at least three feet from the right-of-way of the alley. A lesser setback may be permitted from an alley when fencing is installed directly in line with an existing building and not at any intersection of another alley or street.
F.
No fence or wall or landscaping/hedge shall obstruct any sight distance required by this chapter and must meet the intersection visibility requirements of this chapter.
G.
A temporary fence is permitted for no longer than 90 days unless otherwise required as part of a permitted building project. All other fences shall be permanent and affixed in a safe manner.
H.
Residential and/or historic district.
(1)
Any fence located in the front yard of a lot in a residential or historic district shall not exceed four feet in height and shall be an open-type of decorative fence (such as picket, wrought iron, vinyl post, or split rail) with a minimum ratio of 1:1 of open to structural areas. Mostly transparent wire mesh may be placed on the inside of such a front yard fence.
(2)
Fences in the front yard with less than a 1:1 ratio of open to structural areas may be permitted at less than the four foot maximum height (subject to design review). Fences in the front yard of solid design shall not exceed three feet in height and be behind front building setbacks (as if they were walls).
(3)
A fence located in a residential or historic district in a location other than the front yard shall have a maximum height of six feet.
(4)
On a corner lot in a residential or historic district, a fence or wall shall meet the same requirements along both streets as would apply within a front yard. However, a fence behind the building setbacks that extends only behind the rear of a dwelling or other principal building may have a maximum height of six feet facing one of the streets, and may be solid in design, provided it is not located in the yard that is parallel to the front of the building.
I.
Nonresidential districts. A fence or wall that is not in the historic district or a residential district shall have a maximum height of six feet.
J.
In any district, a taller fence height than is generally allowed by this chapter may be approved where the applicant proves to the Borough that such taller height is necessary to protect public safety around a specific hazard (such as an electric substation or to prevent baseballs from entering into a street).
K.
Electrically charged fences. Electrically charged aboveground fences shall only be used in A-1 Districts to contain farm animals, and shall be of such low intensity that they will not permanently injure humans. Underground fences to contain animals are not regulated by this chapter.
L.
Walls.
(1)
Engineered retaining walls necessary to hold back slopes are exempted from setback regulations and the height restrictions of this section, and are permitted by right in all districts. However, if a retaining wall is over eight feet in height as viewed from a dwelling, it shall be set back a distance equal to its maximum height from a lot line of an existing dwelling.
(2)
Other than a necessary retaining wall, no wall of greater than three feet height shall be located in the required minimum front yard or minimum accessory structure setback in a residential or historic district, except as a backing for a permitted sign.
(3)
The construction or alteration of any wall greater than two feet high requires zoning and building permits.
(4)
A combination of a fence attached to the top of a wall shall be regulated as follows: the wall height and placement shall comply with standards set forth here for walls. Fencing on top of a wall may have a maximum total combined wall+fence height as permitted herein for fencing. Use of this design in front yards shall only utilize open type fencing (with a minimum ratio of 1:1 of open to structural areas) unless situated in a non residential district.
(5)
Walls that are structurally part of a building shall be regulated as part of that building.