New Wilmington, PA Zoning Ordinance

§ 275-12 Nonconforming uses.

The following provisions shall apply to all nonconforming uses and structures.

Any nonconforming use may be continued but may not be extended or expanded or changed unless to a conforming use, except as permitted by the Board in accordance with the provisions of this chapter. Any change in use permitted by the Zoning Hearing Board shall be only to a nonconforming use of the same or a more restricted classification.

[Amended 1-3-2000 by Ord. No. 443]

Any nonconforming building may be reconstructed and used as before, if such reconstruction is performed within 12 months of discontinuance of use and if the restored building covers no greater area and contains no greater cubic content. If approved by the Board, a reconstructed structure may exceed its original lot coverage and cubic content, but must meet minimum yard requirements of the district in which the structure is located. It also must meet the off-street parking and loading requirements of this chapter. Nonconforming signs shall not be replaced.

In the event that any nonconforming use, conducted in a structure or otherwise, ceases, for whatever reason, for a period of one year, such nonconforming use shall not be resumed, and any future use shall be in conformity with the provisions of this chapter.

The nonconforming use of a building may be extended throughout those parts thereof which were manifestly arranged or designed for such use at the time of adoption of this chapter. A nonconforming building or structure may, with the approval of the Board, be extended, enlarged or replaced, but must meet the minimum yard requirements and height regulations of the district in which the structure is located and must meet the off-street parking and loading requirements of this chapter.

(Reserved)[1]

[1]

Editor's Note: Former Subsection E, concerning a nonconforming use of a building when no exterior structural alterations are made, was repealed 1-3-2000 by Ord. No. 443.

Nothing contained herein shall require any change in the overall layout, plans, construction, size or designated use of any development, building, structure or part thereof for which official approval and required permits have been granted or, where no approvals are necessary, where construction has been legally started before the enactment of this chapter and completed within a one-year period.

Any structure or portion thereof declared unsafe by a proper authority shall be restored to a safe condition.

Once changed to a conforming use, no structure or land shall be permitted to revert to a nonconforming use.

Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another of a different classification, this article shall also apply to any uses which thereby become nonconforming.

A property owner may request a certificate of nonconformity. Such a request must be accompanied by sufficient documentation to sustain the claim of nonconformance. If sustained, a certificate shall be issued. If, however, the claim is not proved by the documentation submitted or if there is a reasonable question thereon, the Zoning Officer shall refuse such certificate. Appeal to the Zoning Hearing Board can be made if desired after the Zoning Officer's decision.

[Amended 2-5-1996 by Ord. No. 420]

§ 275-12.1 Individual mobile homes.

[Added 7-5-2000 by Ord. No. 446]

Such uses must meet all yard and lot requirements of this chapter. In addition, the unit shall be placed upon a perimeter foundation with footer below the frost line and shall have permanent hookups to sanitary sewer, water and other utilities. Any mobile home built prior to June of 1974 or which lacks proof of compliance with the National Manufactured Home Construction and Standards Act of 1974 must comply with all Borough building codes. For perimeter specifications, please see NCS BCS A225.1, ANSI A225.1-1987 or subsequent updates to same. NOTE: NCS BCS = National Conference of States on Building Codes and Standards, Inc.

§ 275-13 Existing lots of record.

Any lot of record existing at the effective date of this chapter, and held in separate ownership different from the ownership of adjoining lots, may be used for the erection of a structure conforming to the use regulations of the district in which it is located, even though its dimensions are less than the minimum requirements of this chapter, except as set forth hereafter. Where two or more adjacent lots of record with less than the required area and width are held by one owner on or before the date of enactment of this chapter, the request for a permit shall be referred to the Zoning Hearing Board, which may require replatting to fewer lots which would comply with the minimum requirements of this chapter.

No provision of Table B[1] of this Zoning Chapter relating to side and rear yard requirements shall prevent the reasonable use of a lot of record. The Zoning Officer may grant a reduction in the requirement for side yards and rear yards for lots of record which lack required lot width. However, in no event may such yard dimensions be reduced by more than 30% of that required by Table B, without the approval of the Zoning Hearing Board.

[1]

Editor's Note: Table B is included at the end of this chapter.

§ 275-14 Application of yard requirements.

Front yards. Where a lot fronts on more than one street, the following criteria shall apply:

[Amended 5-7-2001 by Ord. No. 453]

(1)

If all frontages are along primary streets, the lot shall provide front yard setbacks along every street. Side and rear yards, as well as the structure's orientation (front of structure, rear of structure), shall be determined by the orientation of the lot in question as well as the orientation of other lots (structures) in the immediate area.

[Amended 10-4-2004 by Ord. No. 476]

(2)

If the lot abuts both primary and secondary streets, the front yard shall be required on the primary streets, and yards abutting secondary streets shall be classified as either side or rear yards. The Zoning Officer shall make this determination, depending upon the orientation of the lot in question as well as the orientation of other lots in the immediate area.

(3)

If a lot abuts only secondary streets, the front, side and rear yard shall be determined by the orientation of other lots in the immediate area.

All structures, whether attached to the principal structure or not and whether open or enclosed, including porches, carports, balconies or platforms above normal grade level, shall not project into any minimum front, side or rear yard.

Fences and walls. A wall or fence under four feet in height and paved terraces without walls, roofs or other enclosures may be erected within the limits of any yard, subject to the limitations of this chapter. In rear and side yards, behind the front face of the principal structure, fences may be extended to six feet in height subject to the limitations of this chapter. Retaining walls and fences required by this chapter for screening may be exempt from these height limitations.

[Amended by 2-2-1998 by Ord. No. 429]

Nonresidential buildings hereafter constructed or uses hereafter established shall not be located or constructed closer to any lot line in or adjacent to any of the residential districts than the distance specified in the following schedule:

	Use	Minimum Side or Rear Yard
	Off-street parking spaces and access drives for nonresidential uses	10 feet
	All other nonresidential uses or structures	20 feet

Accessory buildings. Accessory buildings shall be in rear yard areas. They must observe side yard requirements and be no closer than five feet from the rear lot line. In residential districts, no accessory buildings shall exceed 16 feet in height.

[Amended 2-2-1998 by Ord. No. 429]

Buffer yards. Where a commercial use adjoins a residence district, a buffer yard of not less than 25 feet shall be required between the commercial building and the adjoining residential district lot line. Said yard space is to be suitably landscaped and maintained. Where an industrial district adjoins a residence district, a buffer yard at least 100 feet deep and 50 feet wide shall be required. Said buffer yard shall be suitably planted and maintained in vegetative growth.

On a parcel abutting two neighboring lots, each of which has existing buildings, the required front yard for such parcel shall be the lesser of that required by this chapter or the average setbacks of the principal buildings of the two abutting parcels.

[Added 2-2-1998 by Ord. No. 429]

Satellite dishes. Satellite dishes are permitted in all districts in the rear yard of lots. Satellite dishes that are two feet in diameter or less are permitted on the roof or rear or sidewalls of a building and will not be considered a violation of setback requirements.

[Added 10-4-2004 by Ord. No. 476]

§ 275-15 Temporary structures; portable storage units.

[Amended 5-7-2001 by Ord. No. 453; 10-4-2004 by Ord. No. 476]

Temporary structures in conjunction with construction work shall be permitted only during the period that the construction work is in progress. Permits for temporary structures shall be issued for a one-year period, but such permits will automatically terminate when the construction work is completed, whichever is the earlier.

Portable storage units. These units are intended for the temporary storage of household goods during moving or remodeling. Units must be off the public right-of-way and set back at least 15 feet. The use of trailers, either former mobile homes or semi-rigs, for such storage is not permitted in any district in the Borough. The Borough shall issue permits for such units on a sixty-day basis with up to one sixty-day renewal. After that time, they shall be removed or be in violation of this subsection and subject to the penalties thereof.

[Added 5-7-2012 by Ord. No. 507]

§ 275-16 Residing in basement structures.

Residing in basement or foundation structures before completion of the total structure shall not be permitted.

§ 275-17 Height limitations.

The following structures are exempt from height regulations, provided that they do not constitute a hazard to an established airport: television and radio towers, church spires, chimneys, elevator bulkheads, smokestacks, conveyers, flagpoles, silos, standpipes, elevated water tanks, derricks and similar structures.

§ 275-18 Performance standards.

No use, land or structure in any district shall involve any element or cause any condition that may be dangerous, injurious or noxious to any other property or person in the Borough. Furthermore, every use of land or structure in any district must observe the following performance requirements:

Fire protection. Fire protection and fighting equipment acceptable to the Board of Fire Underwriters shall be readily available when any activity involving the handling or storage of flammable or explosive material is carried on.

Electrical disturbances. No activity shall cause electrical disturbances adversely affecting radio, television or other electronic equipment in the neighboring area.

Noise. Noise which is determined to be objectionable because of the volume or frequency shall be muffled or otherwise controlled, except for fire sirens and related apparatus used solely for the public purposes, which shall be exempt from this requirement.

Smoke. The maximum amount of smoke emission permissible shall be determined by use of the standards issued by the United States Bureau of Mines, the United States Environmental Protection Agency, the Pennsylvania Department of Environmental Resources or such entity as may have appropriate jurisdiction.

[Amended 2-5-1996 by Ord. No. 420]

Odors. In any district except the Industrial District, no malodorous gas or matter shall be permitted which is discernible on any adjoining lot or property. This shall not apply to any form of fertilizer in districts where agriculture is a permitted use.

Air pollution. No pollution of air by fly ash, dust, vapors or other substances shall be permitted which is harmful to health, to animals, to vegetation or to other property.

Glare. Lighting devices which produce objectionable direct or reflected glare on adjoining properties or thoroughfares shall not be permitted. To the extent possible, full shield lighting fixtures as illustrated by Information Sheets 122 and 143 of the International Dark-Sky Association shall be used.[1]

[Amended 10-4-2004 by Ord. No. 476]

[1]

Editor's Note: Information Sheets 122 and 143 are on file in the Borough offices.

Erosion. No erosion by wind or water shall be permitted which will carry objectionable substances onto neighboring properties.

Water pollution. The method for discharging wastes to public sewers, drains or watercourses shall be acceptable under the provisions of the Pennsylvania Sewage Facilities Act (Act 537 of 1968),[2] as the same may be amended from time to time. In cases involving performance standards, the Board may require a plan of the proposed construction or development, a description of machinery proposed and specifications for the mechanisms and techniques to be used; and the Board may obtain qualified expert consultants to testify as to whether a proposed use will conform to the performance requirements.

[Amended 2-5-1996 by Ord. No. 420]

[2]

Editor's Note: See 35 P.S. § 750.1 et seq.

§ 275-19 Off-street loading and parking.

[Amended 2-2-1998 by Ord. No. 429; 5-7-2001 by Ord. No. 453; 10-4-2004 by Ord. No. 476; 6-2-2014 by Ord. No. 514[1]]

Off-street loading and parking spaces shall be provided in accordance with the specifications in this section in all districts, except nonresidential uses, in the C-Commercial District whenever any new use is established or an existing one is enlarged. Please also see the Borough's Driveway Ordinance (§ A284-6).

Off-street loading.

(1)

Every use which requires the receipt or distribution, by vehicle, of material or merchandise shall provide off-street loading berths in accordance with the table which follows:

OFF-STREET LOADING SPACE REQUIREMENTS
Uses	Square Feet of Floor Area	Required Off-Street Loading Berths
Schools	15,000 or more	1
Hospitals (in addition to space for additional ambulance)	10,000 to 300,000 Over 300,000	1 1
Undertaker and funeral parlors	5,000	1
Hotels and offices	10,000 or more	1
Commercial, wholesale, manufacturing and storage	Up to 25,000 25,000 to 40,000 40,000 to 60,000 60,000 to 100,000 For each additional 50,000 or major fraction thereof	1 2 3 4 1 additional

(2)

Each loading space shall be not less than 12 feet in width, 40 feet in length and 14 feet in height and designed so as not to encroach upon the public right-of-way.

Off-street parking.

(1)

Size and access. Each off-street parking space shall have a uniform width of at least nine feet and an area of not less than 180 square feet, exclusive of access drives or aisles, and be in a usable shape and condition. Except in the case of dwellings, no parking area shall contain fewer than three spaces. Parking areas shall be designed to provide sufficient turnaround areas so that vehicles are not required to back onto public streets. Where a lot does not abut on a public or private alley or easement or access, there shall be provided an access drive leading to the parking or storage areas or loading spaces. Access drives shall be limited to several well defined locations, and in no case shall there be unrestricted access along the length of a street or alley. Parking areas for multifamily dwellings shall not encroach upon the front yard area.

[Amended 5-7-2001 by Ord. No. 453]

(2)

Number of parking spaces required. The number of off-street parking spaces required is set forth below. Where the use of the premises is not specifically mentioned, requirements for similar uses shall apply.

[Amended 5-7-2012 by Ord. No. 507]

	OFF-STREET PARKING SPACE REQUIREMENTS
	Uses Required	Number of Parking Spaces
	Automobile laundry	5 for each wash lane
	Automobile sales and garages	1 for each 400 square feet of floor area
	Service stations	1 for each 200 square feet of floor or ground area devoted to repair or service facilities
	Dwellings	2 for each family, including garage space
	Apartment houses	2 for each dwelling unit
	Rooming, boarding and tourist houses1	1 for each guest room
	Hotels and motels1	1 for each guest room
	Funeral homes, mortuaries	10 for first parlor, 5 for each additional parlor
	Hospitals, nursing and convalescent homes, based upon the peak shift	1 for each bed for visitors and 1 for each 1.5 employees (including staff)
	Churches and schools	1 for each 3 seats in an auditorium or other place of public or private assembly or 1 for each 17 classroom seats, whichever is greater
	Sports arenas, stadiums, theaters, auditoriums and assembly halls	1 for each 3 seats
	Community buildings and social halls	1 for each 50 square feet of floor area
	Dance halls, roller rinks, clubs and lodges	1 for each 100 square feet of floor area
	Bowling alleys	8 for each alley
	Banks and offices	1 for each 250 square feet of floor area
	Medical offices	8 for each doctor
	Dental offices	5 for each dentist
	Retail stores and shops	1 for each 200 square feet of floor area
	Furniture and appliance stores	1 for each 350 square feet of floor area
	Food supermarkets	1 for each 200 square feet of floor area
	Sororities or fraternities	1 for each resident
	Restaurants and taverns	1 for each 2 seats
	Swimming pools	1 for each 3 persons for whom baskets or lockers are provided
	Industrial and manufacturing establishments	1.2 for each employee on the major shift
	Wholesale warehouses and truck terminals	1.2 for each employee on the major shift
	Chiropractors	4 for each doctor
	Personal services	1 for each 150 feet of floor area
	College dormitory	0.75 space for each student housed on campus

NOTES:

¹If a motel has restaurant facilities included, it must also comply with the off-street parking provisions for restaurant and taverns.

(3)

Location of parking area. Required parking spaces shall be located on the same lot with the principal use. The Zoning Hearing Board may permit parking spaces to be located not more than 200 feet distance from the lot of the principal use, if the Board finds that it is impractical to provide parking on the same lot with the principal use. In residential districts, parking shall not be accommodated in the front yard space except in driveways. If needed, an additional space may be placed in front of the living area; however, such additional space shall not be more than 10 feet in width.

Screening and landscaping. Off-street parking areas for more than five vehicles and off-street loading areas shall be effectively screened on each side which adjoins or faces any residential district. (See definition of "screening.")

Minimum distance and setbacks. No off-street loading or parking area for more than five vehicles shall be closer than 10 feet to any adjoining property containing a dwelling, school, hospital, or similar institution and in accordance with § 275-14D of this chapter.

Surfacing.

(1)

With the exception of dwellings, all parking and loading areas and access drives shall have a paved surface, graded and drained to dispose of all surface water and designed to provide for orderly and safe loading and parking (Stormwater Management Program General Ordinance No. 428).

(2)

Single- and two-family dwellings will not be required to have paved driveways and parking areas; however, such areas shall be improved to provide a dust-free, mud-free area. Materials such as crushed limestone or gravel may be used.

Lighting. Any lighting used to illuminate off-street parking or loading areas shall be arranged so as to reflect the light away from adjoining premises of any residential district and away from roads or highways.

(1)

To the extent possible, full shield lighting fixtures as illustrated by Information Sheets 122 and 143 of the International Dark-Sky Association shall be used.[2]

[Added 10-4-2004 by Ord. No. 476]

[2]

Editor's Note: Information Sheets 122 and 143 are on file in the Borough offices.

Limitations of vehicular parking and storage. A house trailer, travel trailer, recreational vehicle, camper trailer, boat trailer or boat may be stored in any residential district, provided that it shall be stored only between the required side yards and behind the principal structure or in the driveway. Such vehicles shall bear the current license sticker or similar certificate. Such vehicles shall not be used for residential purposes.

[1]

Editor’s Note: This ordinance provided that it would be effective 6-3-2014.

§ 275-20 Water recreation and storage areas.

Any facility for water recreation, such as private swimming pools, swimming clubs and commercial fishing ponds, or any other water storage facility, such as reservoirs, fish hatcheries, sewage lagoons and farm ponds, shall comply with the following regulations:

The facility must meet the yard requirements for the applicable district.

Before a permit shall be issued to the operator or owner of the facility, a plan shall be approved by the Borough Council, after recommendations by the Planning Commission as to the size of the facility, proposed use, parking arrangements and the use of buildings on the site, surrounding properties and their usage and any other pertinent information.

Adequate screening shall be provided.

Where required, each facility shall secure the necessary permit(s) from the Pennsylvania Department of Environmental Resources.

§ 275-21 Swimming pools.

[Added 2-2-1998 by Ord. No. 429]

Private swimming pools shall be permitted as an accessory use in any residential district. These regulations shall apply to all in-ground pools and aboveground pools 12 feet or more in width. The following conditions shall apply:

The pool shall be used solely for the personal use of the occupants of the principal use.

The pool, including its accessory structures, surrounding walks, patios, etc., shall not be any closer than 10 feet to any lot line.

[Amended 10-4-2004 by Ord. No. 476]

In-ground swimming pool areas shall be enclosed by a fence at least four feet high. Openings in the barrier shall be less than four inches in diameter. Fencing shall be designed to discourage climbing by small children. (See recommendations of the Consumer Products Safety Commission.) Entry to the pool shall be via a self-latching gate. Aboveground pools shall afford similar protection. Any ladder or steps used to access aboveground pools shall be designed to prevent unsupervised access by small children.

Pools shall be allowed in rear yards only.

§ 275-22 Signs.

No sign, billboard or exterior graphic display shall be permitted in any district except as herein provided.

In any district a sign not exceeding two square feet in surface size, which announces the name, address or professional activity of the occupant of the premises on which said sign is located, is permitted.

[Amended 5-7-2001 by Ord. No. 453]

A bulletin board not exceeding 40 square feet in connection with any church, school or similar public structure is permitted. See Subsection F below.

A temporary real estate development or construction sign, not more than 32 square feet in area, is permitted on the property being sold, leased or developed. Real estate "for sale" or "for rent" signs, up to four square feet, shall be allowed in any district. Such signs shall be at least 12 feet from the street curb, but in no event shall they impede clear sight triangles at intersections. All such temporary signs shall be removed within two weeks after they have fulfilled their function (that is, the sale or rental of real estate).

[Amended 2-2-1998 by Ord. No. 429; 5-7-2001 by Ord. No. 453]

Signs shall be permitted in connection with any commercial activity or industry when located on the same premises and if they meet the following requirements:

(1)

Signs shall not contain information or advertising for any product not sold on the premises.

(2)

Signs shall not have a combined aggregate surface size greater than 11/2 square feet for each foot of width of the principal structure on the premises.

(3)

Overhead signs. In the commercial area, overhead signs shall be permitted. Signs attached to a wall which project in such a manner that the faces of the sign form an angle of approximately 90° with the wall shall be permitted in the Commercial District, subject to the following regulations:

[Amended 2-2-1998 by Ord. No. 429]

(a)

Such signs shall not project more than six feet from the wall.

(b)

Only one such sign shall be permitted per enterprise.

(c)

Such sign shall be nonglaring and nonmoving.

(d)

There shall be a minimum height from the curb level to the bottom of the sign of nine feet.

(e)

The sign shall have a maximum area of 16 square feet on each face.

(4)

Signs and structures shall not be illuminated in any manner which causes undue distraction, confusion or hazard to vehicular traffic.

Directional signs not larger than four square feet, in connection with any legal commercial activity or industry, may be permitted, provided they contain no information other than instructions for convenience for vehicular traffic in reaching such activity.

[Amended 10-4-2004 by Ord. No. 476]

Signs in the Commercial District shall be no closer than three feet to the front lot line and shall not block the vision of motorists at an intersection. Signs in the Industrial District shall be no closer than 20 feet to the front lot line. In residential districts, signs shall adhere to the front yard requirements.

[Amended 4-3-2000 by Ord. No. 444]

Signs shall not be permitted on Borough property except:

[Added 5-7-2001 by Ord. No. 453]

(1)

Those posted by the Borough itself; and

(2)

Upon permission granted by the Council Administrator, those announcing charitable events.

§ 275-23 Home occupations.

A home occupation shall be clearly incidental and secondary to the use of the dwelling unit for residential purposes. The following additional conditions shall be observed:

(1)

The occupation is customarily carried on in a dwelling unit or in a building accessory to a dwelling unit.

(2)

The occupation is carried on by a member of the family residing in the dwelling unit, with not more than one employee not living on the premises.

[Amended 2-2-1998 by Ord. No. 429]

(3)

The occupation is carried on wholly within the principal building.

[Amended 2-2-1998 by Ord. No. 429]

(4)

There shall be no exterior display, exterior sign, other than permitted by § 275-22 of this chapter, no exterior storage of material and no exterior indication of the home occupation or variation from the residential character of the principal building.

(5)

There shall be no exterior alterations which are not customary in residential buildings.

(6)

No offensive odor, no vibration, smoke, dust, heat, noise or glare shall be produced.

(7)

There shall be no commodity sold which is produced elsewhere than on the premises, except those items clearly incidental to the home occupation.

(8)

The occupation shall occupy no more than 30% of the principal building.

(9)

Adequate off-street parking shall be provided for all employees.

(10)

There shall be only one home occupation per dwelling.

[Added 2-2-1998 by Ord. No. 429]

Home occupations may include, but are not limited to: studios, dressmakers, dentists, lawyers, accountants or the teaching of musical instruments limited to one pupil at a time. However, a home occupation shall not be interpreted to include, for instance, commercial stables and kennels, restaurants or repair services.

[Amended 2-2-1998 by Ord. No. 429]

§ 275-24 (Reserved) [1]

[1]

Editor's Note: Former § 275-24, Home office, added 2-2-1998 by Ord. No. 429, was repealed 10-4-2004 by Ord. No. 476.]

§ 275-25 Wireless communications facilities.

[Added 7-6-1998 by Ord. No. 432; amended 6-4-2001 by Ord. No. 454; 10-4-2004 by Ord. No. 476; 4-6-2020 by Ord. No. 528]

Definitions. It is the purpose of this subsection to provide clear and concise definitions of those words, terms and phrases most commonly utilized in the provisions of this section in order to assist any interpretations of said provisions and to ensure uniformity of application. It is intended that the following words, terms and phrases, whenever used, shall be construed as defined in the following subsection, unless, from the context, a different meaning is clearly intended.

ACCESSORY EQUIPMENT

Any equipment serving or being used in conjunction with a wireless communications facility or wireless support structure. The term "accessory equipment" includes but is not limited to utility or transmission equipment, power supplies, generators, batteries, cables, equipment buildings, cabinets and storage sheds, shelters or similar structures.

ANTENNA

An apparatus designed for the purpose of emitting radiofrequency (RF) radiation, to be operated or operating from a fixed location pursuant to Federal Communications Commission authorization, for the provision of wireless service and any commingled information services.

CO-LOCATION

The mounting of one or more WCFs, including antennas, on a preexisting structure, or modifying a structure for the purpose of mounting or installing a WCF on that structure.

COMMUNICATIONS ANTENNA

Wireless communications facilities co-located on existing structures, such as, but not limited to, buildings, water towers, electrical transmission towers, utility poles, light poles, traffic signal poles, flagpoles and other similar structures that do not require the installation of a new tower.

COMMUNICATIONS TOWER

Any structure that is used for the primary purpose of supporting one or more antennas, including, but not limited to, self-supporting lattice towers, guy towers and monopoles, and the accompanying antenna and accessory equipment.

EMERGENCY

A condition that 1) constitutes a clear and immediate danger to the health, welfare, or safety of the public, or 2) has caused or is likely to cause facilities in the rights-of-way to be unusable and result in loss of the services provided.

EQUIPMENT COMPOUND

The area surrounding or adjacent to a wireless support structure within which base stations, power supplies, or accessory equipment are located.

FCC

Federal Communications Commission.

MODIFICATION or MODIFY

The improvement, upgrade or expansion of existing wireless communications facilities or base stations on an existing wireless support structure or the improvement, upgrade, or expansion of the wireless communications facilities located within an existing equipment compound if the improvement, upgrade, expansion or replacement does not substantially change the physical dimensions of the wireless support structure.

PERSON

Individuals, corporations, companies, associations, joint-stock companies, firms, partnerships, limited-liability companies, corporations and other entities established pursuant to statutes of the Commonwealth of Pennsylvania, provided that "person" does not include or apply to the Borough or to any department or agency of the Borough.

REPLACEMENT

The replacement of existing wireless communications facilities on an existing wireless support structure or within an existing equipment compound due to maintenance, repair or technological advancement with equipment composed of the same wind loading and structural loading that is substantially similar in size, weight and height as the wireless communications facilities initially installed and that does not substantially change the physical dimensions of the existing wireless support structure.

SMALL WIRELESS COMMUNICATIONS FACILITY (SMALL WCF)

A wireless communications facility that meets the following criteria:

(1)

The structure on which antenna facilities are mounted:

(a)

Is 50 feet or less in height; or

(b)

Is no more than 10% taller than other adjacent structures; or

(c)

Is not extended to a height of more than 50 feet or by more than 10% above its preexisting height as a result of the co-location of new antenna facilities.

(2)

Each antenna associated with the deployment (excluding the associated equipment) is no more than three cubic feet in volume.

(3)

All antenna equipment associated with the facility (excluding antennas) are cumulatively no more than 28 cubic feet in volume.

(4)

The facilities do not require antenna structure registration under 47 CFR Part 17.

(5)

The facilities are not located on tribal lands, as defined under 36 CFR 800.16(x).

(6)

The facilities do not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified in 47 CFR 1.1307(b).

STEALTH TECHNOLOGY

Camouflaging methods applied to wireless communications facilities and accessory equipment which render them more visually appealing or blend the proposed facility into the existing structure or visual backdrop in such a manner as to render it minimally visible to the casual observer. Such methods include, but are not limited to, architecturally screened roof-mounted antennas, building-mounted antennas painted to match the existing structure and facilities constructed to resemble trees, shrubs, and light poles.

WBCA

Pennsylvania Wireless Broadband Collocation Act (53 P.S. § 11702.1 et seq.).

WIRELESS

Transmissions through the airwaves, including, but not limited to, infrared line of sight, cellular, PCS, microwave, satellite, or radio signals.

WIRELESS COMMUNICATIONS FACILITY (WCF)

An antenna facility or a wireless support structure that is used for the provision of wireless service, whether such service is provided on a stand-alone basis or commingled with other wireless communications services.

WIRELESS SUPPORT STRUCTURE

A pole, tower, base station, or other building, whether or not it has an existing antenna facility, that is used or to be used for the provision of wireless service (whether on its own or commingled with other types of services).

General and specific requirements for communications antennas.

(1)

The following regulations shall apply to all communications antennas that do not meet the definition of a small WCF:

(a)

Permitted in all zones subject to regulations. Communications antennas are permitted outside of the public rights-of-way in all zones subject to the restrictions and conditions prescribed by this § 275-25B and generally applicable permitting by the Borough.

(b)

Eligible facilities request. WCF applicants proposing a modification to an existing WCF that does not substantially change the dimensions of the underlying structure shall be required only to obtain a building permit from the Borough Building Code Official. In order to be considered for such permit, the WCF applicant must submit a permit application to the Borough in accordance with applicable permit policies and procedures.

(c)

Noncommercial usage exemption. Borough residents utilizing satellite dishes, citizen and/or band radios, and antennas for the purpose of maintaining television, phone, and/or internet connections at their residences shall be exempt from the regulations enumerated in this § 275-25.

(d)

Small WCF exemption. Communications antennas that meet the definition of a small WCF shall be exempt from the requirements of this § 275-25B(2). Such small WCF shall be subject only to applicable permitting and the requirements of § 275-25D.

(e)

Nonconforming wireless support structures. Communications antennas shall be permitted to co-locate upon nonconforming communications towers and other nonconforming structures. Co-location of WCFs upon existing communications towers is encouraged even if the communications tower is nonconforming as to use within a zoning district.

(f)

Standard of care. All communications antennas 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, National Electrical Code, or to the industry standard applicable to the structure. Communications antennas 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 damage any property in the Borough.

(g)

Wind and ice. All communications antennas shall be designed to withstand the effects of wind gusts and ice 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), or to the industry standard applicable to the structure.

(h)

Aviation safety. Communications antennas shall comply with all federal and state laws and regulations concerning aviation safety.

(i)

Public safety communications. Communications antennas shall not interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.

(j)

Radio frequency emissions. A communications antenna shall not, by itself or in conjunction with other WCFs, 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 Radiofrequency Electromagnetic Fields," as amended.

(k)

Removal. In the event that use of a communications antenna is to be 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 WCFs, or portions of WCFs, shall be removed as follows:

[1]

All abandoned or unused antennas and accessory equipment shall be removed within 60 days of the cessation of operations at the site unless a time extension is approved by the Borough.

[2]

If the antenna or accessory equipment is not removed within 60 days of the cessation of operations at a site, or within any longer period approved by the Borough, the WCF and/or associated facilities and equipment may be removed by the Borough and the cost of removal assessed against the owner of the WCF.

(l)

Insurance. Each person that owns or operates a communications antenna shall annually 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 communications antenna.

(m)

Indemnification. Each person that owns or operates a communications antenna shall, at its sole cost and expense, enter into an agreement to 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 communications antenna. Each person that owns or operates a communications antenna 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 communications antenna. 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.

(n)

Maintenance. To the extent permitted by law, the following maintenance requirements shall apply:

[1]

The communications antenna shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.

[2]

Such maintenance shall be performed to ensure compliance with applicable structural safety standards and radio frequency emissions regulations.

[3]

All maintenance activities shall conform to industry maintenance standards.

(o)

Timing of approval.

[1]

Within 90 days of receipt of a complete application for a communications antenna on a preexisting wireless support structure that substantially changes the wireless support structure to which it is attached, the Borough Zoning Officer shall make a final decision on whether to approve the application and shall notify the WCF applicant, in writing, of such decision.

[2]

Within 60 days of receipt of a complete application for a communications antenna on a preexisting wireless support structure that does not substantially change the wireless support structure to which it is attached, the Borough Zoning Officer shall issue the required building and zoning permits authorizing construction of the WCF. All applications for such WCF shall designate that the proposed WCF meets the requirements of an eligible facilities request.

(2)

In addition to the requirements in § 275-25B above, the following regulations shall apply to all communications antennas that substantially change the wireless support structure to which they are attached, or that otherwise do not fall under the Pennsylvania Wireless Broadband Collocation Act:[1]

(a)

Special exception. Communications antennas that substantially change the wireless support structure to which they are attached, or that otherwise do not fall under the Pennsylvania Wireless Broadband Collocation Act, are permitted by special exception subject to the requirements of this § 275-25B(2).

(b)

Prohibited on certain structures. No communications antenna shall be located on a single-family dwelling or multifamily dwelling.

(c)

Historic buildings. No communications antenna may be located within 100 feet of any property, or on a building or structure that is listed on either the National or Pennsylvania Registers of Historic Places, or eligible to be so listed, located within a historic district, or is included in the official historic structures list maintained by the Borough.

(d)

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 communications antenna, as well as related inspection, monitoring and related costs. Such permit fees shall be established by the Borough fee schedule and shall comply with the applicable requirements of the FCC.

(e)

Development regulations.

[1]

Omnidirectional or whip communications antennas shall not exceed 20 feet in height and seven inches in diameter.

[2]

Directional or panel communications antennas shall not exceed five feet in height and three feet in width.

[3]

All WCF applicants must submit documentation to the Borough justifying the total height of the WCF.

[4]

If the WCF applicant proposes to locate the accessory equipment in a separate building, the building shall comply with the minimum requirements for the applicable zoning district.

[5]

A security fence not to exceed eight feet in height shall surround any separate communications equipment building. Vehicular access to the communications equipment building shall not interfere with the parking or vehicular circulations on the site for the principal use.

(f)

Design. Communications antennas shall employ stealth technology and be treated to match the wireless support structure in order to minimize aesthetic impact. The application of the stealth technology utilized by the WCF applicant shall be subject to the approval of the Borough.

(g)

Removal, replacement and substantial change.

[1]

The removal and replacement of communications antennas and/or accessory 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 height of the WCF or increase the number of antennas.

[2]

Any substantial change to a WCF shall require notice to be provided to the Borough Zoning Officer, and possible supplemental permit approval as determined by the Borough Zoning Officer.

(h)

Inspection. The Borough reserves the right to inspect any WCF to ensure compliance with the provisions of this chapter 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 lease area of any property upon which a WCF is located at any time, upon reasonable notice to the operator, to ensure such compliance.

[1]

Editor's Note: See 53 P.S. § 11702.1 et seq.

General and specific requirements for communications towers.

(1)

The following regulations shall apply to all communications towers that do not meet the definition of a small WCF.

(a)

Special exception. Communications towers are permitted by special exception in D-Industrial Districts subject to the requirements of this § 275-25C.

[1]

Upon submission of an application for a communications tower and the scheduling of the public hearing upon the application, the WCF applicant shall send, via first-class mail, notice to all owners of every property within 500 feet of the proposed facility advising of the subject matter and date of such hearing. Such notice shall be sent 10 days in advance of any such hearing. The WCF applicant shall provide proof of the notification to the Zoning Hearing Board.

[2]

Prior to the Zoning Hearing Board's approval of a special exception authorizing the construction and installation of a communications tower, it shall be incumbent upon the WCF applicant for such special exception approval to prove to the reasonable satisfaction of the Borough Zoning Hearing Board that the communications tower must be located where it is proposed in order to serve the WCF applicant's service area and that no other viable, less intrusive alternative location exists.

[3]

The special exception application shall include a site plan, drawn to scale, showing property boundaries, power location, total height of the communications tower, guy wires and anchors, existing structures, elevation drawings, typical design of proposed structures, parking, fences, landscaping and existing uses on adjacent properties.

[4]

The special exception application shall be accompanied by a description of the type and manufacturer of the proposed transmission/radio equipment, the frequency range (megahertz band) assigned to the WCF applicant, the power in watts at which the WCF applicant transmits, and any relevant related tests conducted by the WCF applicant in determining the need for the proposed site and installation.

[5]

The special exception application shall also be accompanied by documentation demonstrating that the proposed communications tower complies with all state and federal laws and regulations concerning aviation safety.

[6]

Where the communications tower is located on a property that is not owned by the WCF applicant, the WCF applicant shall present documentation to the Borough Zoning Hearing Board that the owner of the property has granted an easement or other property right, if necessary, for the proposed WCF and that vehicular access will be provided to the facility.

[7]

Prior to the Borough Zoning Officer's issuance of a zoning permit authorizing construction and erection of a communications tower, a structural engineer licensed in the Commonwealth of Pennsylvania shall issue to the Borough Zoning Officer 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 zoning permit.

[8]

An application for a new communications tower shall demonstrate that the proposed communications tower cannot be accommodated on an existing or approved structure or building. The Borough Zoning Hearing Board may deny an application to construct a new communications tower if the WCF applicant has not made a good faith effort to mount the antenna(s) on an existing structure. The WCF applicant shall demonstrate that it contacted the owners of tall structures, buildings, and towers within a one-half-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 accessory 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 accessory 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]

Addition of the proposed antenna(s) and accessory equipment would result in electromagnetic radiation from such structure exceeding the applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation.

[e]

A commercially reasonable agreement could not be reached with the owner of such building, structure, or tower.

[9]

The special exception application shall also be accompanied by documentation demonstrating that the proposed communications tower complies with all applicable provisions of this chapter.

(b)

Eligible facilities request. WCF applicants proposing a modification to an existing communications tower that does not substantially change the dimensions of the underlying structure shall be required only to obtain a building permit from the Borough Building Code Official. In order to be considered for such permit, the WCF applicant must submit a permit application to the Borough in accordance with applicable permit policies and procedures.

(c)

Development regulations.

[1]

Communications towers shall not be located in, or within 50 feet of, an area in which all utilities are located underground.

[2]

Sole use on a lot. A communications tower shall be permitted as a sole use on a lot, provided that the underlying lot meets the minimum requirements of the underlying zoning district.

[3]

Combined with another use. A communications 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:

[a]

The existing use on the property may be any permitted use in the applicable district and need not be affiliated with the WCF.

[b]

Minimum lot area. The minimum lot shall comply with the requirements for the applicable zoning district and shall be the area needed to accommodate the communications tower and guy wires, the equipment building, security fence, and buffer planting.

(d)

Design regulations.

[1]

Height. The maximum total height of a communications tower shall not exceed 150 feet. No WCF 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 WCF applicant shall demonstrate that the communications tower is the minimum height necessary for the service area.

[2]

Visual appearance and land use compatibility.

[a]

Communications towers shall employ stealth technology, which may include the tower portion to be painted a specific color approved by the Zoning Hearing Board or to have a galvanized finish.

[b]

All communications towers and accessory equipment 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.

[c]

The Zoning Hearing Board shall consider whether its decision upon the subject application will promote the harmonious and orderly development of the zoning district involved; be compatible with the character and type of development existing in the area; prevent a negative impact on the aesthetic character of the community; preserve woodlands and trees existing at the site to the greatest possible extent; and encourage sound engineering and land development design and construction principles, practices and techniques.

[3]

Any proposed communications tower shall be designed structurally, electrically, and in all respects to accommodate both the WCF applicant's antennas and comparable antennas for future users.

[4]

Any communications tower shall be equipped with an anti-climbing device, as approved by the manufacturer.

[5]

Minimum setbacks. The foundation and base of any communications tower shall be set back from a property line (not lease line) at least 50 feet.

(e)

Surrounding environs.

[1]

The WCF 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.

[2]

The WCF applicant shall submit a soil report to the Borough Zoning Hearing Board complying with the standards of Appendix I: Geotechnical Investigations, ANSI/TIA-222, as amended, to document and verify the design specifications of the foundation of the communications tower, and anchors for guy wires, if used.

(f)

Fence/screen. A security fence having a height not to exceed eight feet shall completely surround any communications tower, as well as any guy wires, or building housing WCF equipment.

(g)

Accessory equipment.

[1]

Ground-mounted accessory equipment associated or connected with a communications tower shall not be located within 50 feet of a lot in residential use.

[2]

Accessory equipment associated, or connected, with a communications tower shall be placed underground or screened from public view using stealth technology. All ground-mounted accessory equipment, utility buildings and accessory structures shall be architecturally designed to blend into the environment in which they are situated and shall meet the minimum setback requirements of the underlying zoning district.

[3]

Either one single-story wireless communications equipment building not exceeding 500 square feet in area or its equivalent may be permitted for each unrelated company sharing commercial communications antenna(s) space on the communications tower outside of the public right-of-way.

(h)

Standard of care. Any communications tower 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, National Electrical Code, the Pennsylvania Uniform Construction Code,[2] as well as the accepted and responsible workmanlike industry practices of the National Association of Tower Erectors. Any communications tower 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 damage any property in the Borough.

[2]

Editor's Note: See 34 Pa. Code Chapters 401 through 405.

(i)

Additional antennas. As a condition of approval for all communications towers, the WCF applicant shall provide the Borough Zoning Hearing Board with a written commitment that it will allow at least two other service providers to co-locate communications antennas on the communications tower where technically and economically feasible. To the extent permissible under state and federal law, the owner of a communications tower shall not install any additional antennas without complying with the applicable requirements of this § 119-40A(14).

(j)

FCC license. Each person that owns or operates a communications tower shall submit a copy of its current FCC license, including the name, address, and emergency telephone number for the operator of the facility.

(k)

Inspection. The Borough reserves the right to inspect any communications tower to ensure compliance with this chapter 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 lease property upon which a WCF is located at any time, upon reasonable notice to the operator, to ensure such compliance.

(l)

Wind and ice. Communications towers shall be designed to withstand the effects of wind gusts and ice to the standard designed by the American National Standards Institute as prepared by the engineering department of the Telecommunications Industry Association (ANSI/TIA-222, as amended).

(m)

Public safety communications. No communications tower shall interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.

(n)

Maintenance. The following maintenance requirements shall apply:

[1]

Any communications tower shall be fully automated and unattended on a daily basis and shall be visited only for maintenance, repair or replacement.

[2]

Such maintenance shall be performed to ensure the upkeep of the WCF in order to promote the safety and security of the Borough's residents and utilize industry standard technology for preventing failures and accidents.

(o)

Radio frequency emissions. A communications tower shall not, by itself or in conjunction with other WCFs, 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 Radiofrequency Electromagnetic Fields," as amended.

(p)

Signs. All communications 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.

(q)

Lighting. No communications tower shall be artificially lighted, except as required by law. If lighting is required, the WCF 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 WCF applicant shall promptly report any outage or malfunction of FAA-mandated lighting to the appropriate governmental authorities and to the Borough Secretary.

(r)

Noise. Communications 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.

(s)

Storage. The storage of unused equipment, materials or supplies is prohibited on any communications tower site.

(t)

Timing of approval. Within 30 calendar days of the date that an application for a communications tower is filed with the Borough Zoning Officer, the Borough shall notify the WCF applicant, in writing, of any information that may be required to complete such application. All applications for communications towers shall be acted upon within 150 days of the receipt of a fully completed application for the approval of such communications tower, and the Borough Zoning Hearing Board shall advise the WCF applicant, in writing, of its decision. If additional information was requested by the Borough to complete an application, the time required by the WCF applicant to provide the information shall not be counted toward the 150-day review period.

(u)

Nonconforming uses. Nonconforming communications 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. The co-location of communications antennas is permitted on nonconforming structures.

(v)

Removal. In the event that use of a communications tower is planned to be 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 WCFs or portions of WCFs shall be removed as follows:

[1]

All unused or abandoned communications towers and accessory equipment shall be removed within 90 days of the cessation of operations at the site unless a time extension is approved by the Borough.

[2]

If the WCF and/or accessory equipment is not removed within 90 days of the cessation of operations at a site, or within any longer period approved by the Borough, the WCF and accessory facilities and equipment may be removed by the Borough and the cost of removal assessed against the owner of the WCF.

[3]

Any unused portions of communications towers, including antennas, shall be removed within 90 days of the time of cessation of operations.

[4]

The Borough must approve all replacements of portions of a communications tower previously removed.

(w)

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 communications tower, as well as related inspection, monitoring, and related costs. Such permit fees shall be established by the Borough fee schedule and shall comply with the applicable requirements of the FCC.

(x)

Insurance. Each person that owns or operates a communications tower shall provide the Borough Zoning Officer with a certificate of insurance evidencing general liability coverage in the minimum amount of $5,000,000 per occurrence and property damage coverage in the minimum amount of $5,000,000 per occurrence covering the communications tower.

(y)

Indemnification. Each person that owns or operates a communications tower shall, at its sole cost and expense, enter into an agreement to 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 communications tower. Each person that owns or operates a communications tower 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 the communications tower. 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.

(z)

Engineer signature. All plans and drawings for a communications tower shall contain a seal and signature of a professional structural engineer licensed in the Commonwealth of Pennsylvania.

Regulations applicable to all small wireless communications facilities. The following regulations shall apply to small wireless communications facilities:

(1)

Location and development standards.

(a)

Small WCFs are permitted by administrative approval from the Borough Zoning Officer in all Borough zoning districts, subject to the requirements of this § 275-25D and generally applicable permitting as required by the Borough Code.

(b)

(c)

All small WCFs shall comply with the applicable requirements of the Americans with Disabilities Act[3] and all Borough Code requirements applicable to streets and sidewalks.

[3]

Editor's Note: See 42 U.S.C. § 12101 et seq.

(2)

Nonconforming wireless support structures. Small WCFs shall be permitted to co-locate upon nonconforming communications towers and other nonconforming structures. Co-location of WCFs upon existing communications towers is encouraged even if the communications tower is nonconforming as to use within a zoning district.

(3)

Standard of care. Any small WCF 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, National Electrical Code, or to the industry standard applicable to the structure. 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 damage any property in the Borough.

(4)

Historic buildings. No small WCF may be located within 100 feet of any property, or on a building or structure that is listed on either the National or Pennsylvania Registers of Historic Places, or eligible to be so listed, located within a historic district, or is included in the official historic structures list maintained by the Borough.

(5)

Wind and ice. All small WCFs shall be designed to withstand the effects of wind gusts and ice 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), or to the industry standard applicable to the structure.

(6)

Aviation safety. Small WCFs shall comply with all federal and state laws and regulations concerning aviation safety.

(7)

Public safety communications. Small WCFs shall not interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.

(8)

Radio frequency emissions. A small WCF shall not, by itself or in conjunction with other WCFs, 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 Radiofrequency Electromagnetic Fields," as amended.

(9)

Time, place and manner. The Borough shall determine the time, place and manner of construction, maintenance, repair and/or removal of all small WCFs in the right-of-way based on public safety, traffic management, physical burden on the right-of-way, and related considerations.

(10)

Accessory equipment. Small WCFs and accessory equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, create safety hazards to pedestrians and/or motorists, or to otherwise inconvenience public use of the right-of-way as determined by the Borough.

(11)

Graffiti. Any graffiti on the wireless support structure or on any accessory equipment shall be removed at the sole expense of the owner within 30 days of notification by the Borough.

(12)

Design standards. All small WCFs in the Borough shall comply with the requirements of the Borough's Small Wireless Communications Facility Design Manual. A copy of such shall be kept on file at the Borough office.

(13)

Timing of approval.

(a)

Within 60 days of receipt of an application for co-location of a small WCF on a preexisting wireless support structure, the Borough Zoning Officer shall make a final decision on whether to approve the application and shall notify the WCF applicant, in writing, of such decision.

(b)

Within 90 days of receipt of an application for a small WCF requiring the installation of a new wireless support structure, the Borough Zoning Officer shall make a final decision on whether to approve the application and shall notify the WCF applicant, in writing, of such decision.

(c)

Within 10 calendar days of the date that an application for a small WCF is filed with the Borough Zoning Officer, the Borough shall notify the WCF applicant, in writing, of any information that may be required to complete such application.

(14)

Relocation or removal of facilities. Within 90 days 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 small WCF in the right-of-way shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any WCF when the Borough, consistent with its police powers and applicable Public Utility Commission regulations, shall determine 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.

(15)

Indemnification. Each person that owns or operates a small WCF shall, at its sole cost and expense, enter into an agreement to 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 small WCF. Each person that owns or operates a small WCF 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 small WCF. 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.

(16)

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 small WCF, as well as related inspection, monitoring and related costs. Such permit fees shall be established by the Borough fee schedule and shall comply with the applicable requirements of the FCC.

(17)

Reimbursement for right-of-way use. In addition to permit fees as described in this section, every small WCF in the right-of-way is subject to the Borough's right to fix annually a fair and reasonable fee to be paid for use and occupancy of the right-of-way. Such compensation for right-of-way use shall be directly related to the Borough's actual right-of-way management costs including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other right-of-way management activities by the Borough. The owner of each small WCF 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. Such fees shall comply with the applicable requirements of the Federal Communications Commission.

§ 275-25.1 Alternative energy systems.

[Added 5-7-2012 by Ord. No. 507]

Accessory energy system: permitted by right as an accessory use in all zoning districts, as long as it meets the requirements of this section and all other applicable construction codes, as set forth below. Any upgrades, modifications or changes that materially alter the size or placement of an existing energy system shall comply with the provisions of this section.

Solar energy accessory system.

(1)

The solar energy accessory system shall comply with the Borough's building and construction codes as amended from time to time and any regulations as may be adopted by the Pennsylvania Department of Labor and Industry. It shall be a small solar energy system.

(2)

The design and installation of accessory solar energy systems shall conform to applicable industry standards as may be amended from time to time, including those of the American National Standards Institute (ANSI), Underwriters Laboratories (UL), the American Society for Testing and Materials (ASTM), or other similar certifying organizations, and shall comply with the Borough's Building Code as may be amended from time to time and with all other applicable fire and life safety requirements. The manufacturer specifications shall be submitted as part of the application.

(3)

Where feasible, as determined by the Borough, all exterior electrical and/or plumbing lines must be buried below the surface of the ground and be placed in a conduit. When this is not possible, they shall be installed in a safe, workmanlike manner.

(a)

All accessory solar energy systems shall be attached to a building, or located on an impervious surface. This shall be determined by the Borough acting through the Zoning Officer in consultation with such other Borough officers or agents as the Zoning Officer shall determine. If not designed to be attached to the building, the applicant shall demonstrate by credible evidence that such systems cannot feasibly be attached to a building due to structural imitations of the building.

(b)

Accessory solar energy systems shall be designed and located in order to prevent reflective glare toward any inhabited structure on adjacent properties as well as adjacent street rights-of-way.

(c)

No portion of an accessory solar energy system shall be located within or above any front yard, along any street frontage, nor within any required setback of any property.

(4)

Height restrictions. Active solar energy systems must meet the following requirements:

(a)

Building- or roof- mounted solar energy systems shall not exceed the maximum allowed height in any zoning district.

(b)

Ground- or pole-mounted solar energy systems shall not exceed the minimum accessory structure height within the underlying district. [Note: Height of accessory buildings is limited to 16 feet in height. (See § 275-14E.)]

(5)

Setback. Active solar energy systems must meet the accessory structure setback for the zoning district and primary land use associated with the lot on which the system is located.

(a)

Roof-mounted solar energy systems. In addition to the building setback, the collector surface and mounting devices for roof-mounted solar energy systems shall not extend beyond the exterior perimeter of the building on which the system is mounted or built. Exterior piping for solar hot water systems shall be allowed to extend beyond the perimeter of the building on a side- or rear-yard exposure.

(b)

Ground-mounted solar energy systems. Ground-mounted solar energy systems may not extend into the side-yard or rear setback when oriented at minimum design tilt. (Note: Accessory structures in the rear yard are allowed within five feet of the rear lot line.)

(6)

Plan approval required. All solar energy systems shall require administrative plan approval by municipal zoning, electrical, and code officials.

(a)

Plan applications. Plan applications for solar energy systems shall be accompanied by to-scale horizontal and vertical (elevation) drawings. The drawings must show the location of the system on the building or on the property for a ground-mount system, including the property lines. Applicants must use an installer who is on DEP's approved list or meets the criteria as set forth by the Department's guidelines.

[1]

Pitched roof-mounted solar energy systems. For all roof-mounted systems other than a flat roof, the elevation must show the highest finished slope of the solar collector and the slope of the finished roof surface on which it is mounted.

[2]

Flat roof-mounted solar energy systems. For flat-roof applications, a drawing shall be submitted showing the distance to the roof edge and any parapets on the building and shall identify the height of the building on the street frontage side, the shortest distance of the system from the street frontage edge of the building, and the highest finished height of the solar collector above the finished surface of the roof.

(b)

Plan approvals. Applications that meet the design requirements of this section, and do not require a conditional use or special exception permit shall be granted administrative approval by the Zoning Official and shall not require Planning Commission review. Plan approval does not indicate compliance with the Borough's Building Code or Electric Code.

(c)

Utility notification. The owner of the small solar electrical energy system shall provide written notice of the customer's intent to install an interconnected customer-owned generator and the Borough must approve of same. Off-grid systems shall be exempt from this requirement.

Residential accessory wind energy systems.

(1)

No more than one accessory wind system shall be permitted per residential or commercial structure.

(2)

Setback. The base of the tower shall be set back from all property lines, public right-of-ways, and public utility lines a distance equal to 110% of the total extended tower height.

(3)

Tower height. So long as the total extended height meets noise and setback requirements, the height shall conform to the zoning regulations for the district where the facility is located.

(4)

Sound. Sound produced by the turbine under normal operating conditions, as measured at the property line, shall not exceed 60dBA. Sound levels, however, may be exceeded during short-term events out of anyone's control such as utility outages and/or severe wind storms.

(5)

Wind turbine equipment. The design and installation of all accessory wind energy systems shall conform to applicable industry standards as the same may be amended from time to time, including those of the American National Standards Institute (ANSI), Underwriters Laboratories, Det Norske Veritas, Germanischer Lloyd Wind Energies, the American Society for Testing and Materials (ASTM), or other similar certifying organizations, and shall comply with the Borough Building Code and with all other applicable fire and life safety requirements. The manufacturer specifications shall be submitted as part of the application.

(6)

When an accessory building is necessary for storage cells or related mechanical equipment, the accessory building shall not have a floor area exceeding 120 square feet, and shall comply with the accessory building requirements specified within the underlying zoning district.

(7)

Requirement for engineered drawings. Building permit applications for accessory wind energy systems shall be accompanied by standard drawings of the wind turbine structure and stamped engineered drawings of the tower, base, footings, and/or foundation as provided by the manufacturer.

(8)

Compliance with FAA Regulations. No accessory wind energy system shall be constructed, altered, or maintained so as to project above any of the imaginary airspace surfaces described in FAR Part 77 of the FAA guidance on airspace protection.

(9)

Compliance with National Electric Code. Building permit applications for accessory wind energy systems shall be accompanied by a line drawing of the electrical components, as supplied by the manufacturer, in sufficient detail to allow for a determination that the manner of installation conforms to the National Electrical Code.

(10)

Utility notification. No small wind energy system shall be installed until evidence has been given to the Borough of the customer's intent to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement.

(11)

Abandonment. If a wind turbine is inoperable for six consecutive months, the owner shall be notified that he/she must, within six months of receiving the notice, restore his/her system to operating condition. If the owner(s) fails to restore their system to operating condition within the six-month time frame, then the owner shall be required, at his expense, to remove the wind turbine from the tower for safety reasons. The tower then would be subject to the public nuisance provisions of the municipal code.

(12)

Signage. All signs shall comply with this chapter as it applies to the zoning district wherein the facility is located. Any warning signs, as may be required by the Borough Building Code, shall be permitted.

(13)

Lighting. No illumination of the turbine or tower shall be allowed unless required by the FAA.

(14)

Access. Any climbing foot pegs or rungs below 12 feet of a freestanding tower shall be removed to prevent unauthorized climbing. For lattice or guyed towers, sheets of metal or wood may be fastened.

§ 275-25.2 Outdoor wood-fired boiler.

[Added 5-7-2012 by Ord. No. 507]

Applicability. Except as otherwise provided, this section applies to the installation and use of all outdoor wood-fired boilers within the Borough.

(1)

This section does not apply to grilling or cooking using charcoal, wood, propane, or natural gas in cooking or grilling appliances.

(2)

This section does not apply to burning in a stove, furnace, fireplace, or other heating device within a building used for human or animal habitation.

(3)

This section does not apply to the use of propane, acetylene, natural gas, gasoline, or kerosene in a device intended for heating, construction, or maintenance activities.

Particular standard requirements for new outdoor wood-fired boilers. No person shall install an outdoor wood-fired boiler that is not a Phase 2 outdoor wood-fired boiler.

Setback requirements for new outdoor wood-fired boilers. No person shall install an outdoor wood-fired boiler unless it is installed at least 50 feet from the nearest property line.

Stack height requirements for new outdoor wood-fired boilers. No person shall install an outdoor wood-fired boiler unless it has a permanent attached stack with a minimum stack height of 10 feet above the ground.

Fuel requirements for new and existing outdoor wood-fired boilers. Only the following fuels shall be utilized:

(1)

Clean wood.

(2)

Wood pellets made from clean wood.

(3)

Home heating oil, natural gas or propane that complies with all applicable sulfur limits and is used as a starter or supplemental fuel for dual-fired outdoor wood-fired boilers.

Prohibited fuels for new and existing outdoor wood-fired boilers. The following items are prohibited as fuels in an outdoor wood-fired boiler:

(1)

Any material not listed in § 275-25.2E.

(2)

Treated or painted wood.

(3)

Furniture.

(4)

Garbage.

(5)

Tires.

(6)

Lawn clippings or yard waste.

(7)

Material containing plastic.

(8)

Material containing rubber.

(9)

Waste petroleum products.

(10)

Paints and paint thinners.

(11)

Chemicals.

(12)

Any hazardous waste.

(13)

Coal.

(14)

Glossy colored paper.

(15)

Construction and demolition debris.

(16)

Plywood.

(17)

Particleboard.

(18)

Manure.

(19)

Animal carcasses.

(20)

Asphalt products.

Prohibition of operation for new and existing outdoor wood-fired boilers. Outdoor wood-fired boilers shall not be used or operated between the dates of May 1 and September 30.

Regulatory requirements for new and existing outdoor wood-fired boilers. All outdoor wood-fired boilers shall comply with all existing state and local regulations. Such regulations of this commonwealth include but are not limited to:

(1)

Prohibition of air pollution, 25 Pa. Code § 121.7.

(2)

Fugitive emissions, 25 Pa. Code § 123.1.

(3)

Odor emissions, 25 Pa. Code § 123.31.

(4)

Visible emissions, 25 Pa. Code § 123.41.

(5)

Section 8 of the Air Pollution Control Act, 35 P.S. § 4008, Unlawful conduct.

(6)

Section 13 of the Air Pollution Control Act, 35 P.S. § 4013, Public nuisances.

New Wilmington City Zoning Code

ARTICLE IV

§ 275-12 Nonconforming uses.

§ 275-12.1 Individual mobile homes.

§ 275-13 Existing lots of record.

§ 275-14 Application of yard requirements.

§ 275-15 Temporary structures; portable storage units.

§ 275-16 Residing in basement structures.

§ 275-17 Height limitations.

§ 275-18 Performance standards.

§ 275-19 Off-street loading and parking.

§ 275-20 Water recreation and storage areas.

§ 275-21 Swimming pools.

§ 275-22 Signs.

§ 275-23 Home occupations.

§ 275-24 (Reserved) [1]

§ 275-25 Wireless communications facilities.

§ 275-25.1 Alternative energy systems.

§ 275-25.2 Outdoor wood-fired boiler.