Seven Fields City Zoning Code
ARTICLE VIII
Supplementary Regulations
§ 340-40 Temporary structures.
A.
Temporary structures and trailers used in conjunction with construction work shall be permitted only while construction work is in progress. Permits for temporary structures shall be issued for a six-month period. A permit fee shall be charged in accordance with a fee schedule fixed by resolution of the Borough Council.
B.
Storage trailers may only be used in commercial and industrial areas and may be parked in these areas for a period not in excess of 14 days each month, and only to allow for unloading and loading.
C.
No structure of a temporary character, fenced dog run, animal pen, trailer, tent, shack, garage, barn or any other outbuilding or similar structure or installation shall be used on any lot at any time, either temporarily or permanently, except by the developer in completing the development, or by a contractor hired by the developer. Said temporary structures must immediately be removed upon completion of a contract or construction phase.
§ 340-41 Lot access.
All proposed uses of any lot shall provide direct access to an open public street. Driveways or private streets servicing developments must access to an open public street and are not permitted to cross property not under ownership or control of the current or future owner of the development.
§ 340-42 Traffic impact analysis.
The Borough Council may require the developer to pay the cost of a traffic analysis to be completed by a qualified traffic consultant for any proposed development exceeding 10,000 square feet of total gross floor area, any proposed conditional use or any proposed PRD. Said analysis shall address the anticipated traffic impact on all streets in the vicinity of the site including those not directly abutting the site. All other applicable state, county and local requirements relative to traffic control shall be considered in the traffic analysis. In addition, internal traffic circulation shall be analyzed for compliance with this chapter. The developer of a proposed development can be required to pay for all or a portion of the cost of off-site traffic improvements which are required in part due to the development of the site.
§ 340-43 Lighting standards.
A.
In any district, any operation or activity producing glare shall be conducted that direct and indirect illumination from the source shall not be in excess of 1/2 footcandle above the ground, when measured at the height of three feet above the ground, at any lot line, except lighting at entrances and driveways to nonresidential properties, shall not exceed two footcandles when measured at the pavement at any lot line.
B.
Flickering or intense luminaries or sign lighting shall be so controlled as to not cause a nuisance across any lot line. A nuisance is any illumination exceeding that which is necessary to accomplish the reasonable purpose for which the lighting is intended. Purposes are to provide for safety and minimum illumination of signs or structures for visibility by the owner or the public.
C.
Nuisances shall be abated by controlling illumination or by shielding on the fixture.
D.
Outdoor lighting illumination shall be limited within usable areas of the site to an average intensity, measured at the ground, of 25 footcandles with a maximum intensity at any given point on the ground of 80 footcandles unless otherwise approved by the Borough Council.
E.
The Borough reserves the right to test lighting levels to verify conformance with the lighting plans accepted and approved by the Borough as part of the site plan review. If it is determined that the lighting levels exceed those which were approved by the Borough, the property owner will bear the cost of the lighting study. If it is determined that the lighting levels conform to the approved plan, the Borough will bear the cost of the study.
F.
The height of the luminary measured from the base shall be limited as follows:
(1)
In any residential district, the maximum front pole luminary height permitted shall be 10 feet.
(2)
In any district, the maximum parking lot luminary height permitted shall be 15 feet.
(3)
In any district, the maximum street luminary height permitted shall be 15 feet.
(4)
In any district, the maximum height permitted shall be 20 feet.
(5)
Ball diamonds, playing fields, basketball, tennis courts and parks having unique requirements for nighttime visibility may be exempt if, in the judgment of the Borough, their limited hours of operation and the location of the luminaries will adequately protect neighboring uses.
G.
To ensure Borough resident and visitor safety, all residential lots on which a dwelling is erected shall be required to have an exterior light pole emitting a minimum equivalent of 60 watts of light from dawn to dusk.
§ 340-44 Landscaping.
[Amended 3-19-2018 by Ord. No. 93; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A.
General provisions.
(1)
All plans must be stamped by a registered landscape architect.
(2)
The locations of the plantings can be varied pursuant to the development plan approved by the Council (after review by the Planning Commission), provided that the total number of plantings required is not reduced.
(3)
When building height exceeds 20 feet, landscaping strip must be increased an additional five feet for each 10 feet of additional building height or proportion thereof.
(4)
The minimum requirements for landscaping must be completed within six months after completion of the building. When building is completed in phases, as each completed phase is occupied and/or utilized, landscaping must be completed in phases commensurate to the building schedule.
(5)
Landscape shall be maintained by property owner. All such areas shall be kept free of debris and litter at all times. Damage to 10% or more of the planting material for any reason, including disease, shall require replacement of all such damaged materials.
(6)
Landscaping and/or ground cover is required on all pervious surfaces.
(7)
This landscaping ordinance applies to all nonresidential and multidwelling zoning districts.
B.
The following minimum landscaping shall be provided in commercial and multifamily zoning districts:
(1)
Landscaping along streets. A minimum ten-foot-wide applied landscaping strip abutting all rights-of-way broken only by points of vehicular or pedestrian access shall be provided with a minimum of one deciduous tree having a caliper of not less than 2 1/2 inches and five shrubs per 50 lineal feet of frontage. An elevated earth berm a minimum of three feet higher than the finished elevation of the street with one deciduous tree having a caliper of not less than 2 1/2 inches and three shrubs per 35 lineal feet of frontage may be provided as an alternative.
(2)
Landscaping around site perimeter. A minimum ten-foot-wide perimeter landscaping strip shall be provided around the perimeter of the site, except along streets, where the following are required:
(3)
Interior parking lot landscaping. A planting island of at least 160 square feet in total pervious surface area shall be provided for each 12 parking spaces on the interior of a parking lot that accommodates 12 cars or more. The islands shall be placed at intervals of no more than 135 lineal feet on center. A minimum of one deciduous tree having a caliper of not less than 2 1/2 inches shall be planted per island. Where the island occurs parallel to parking spaces on each side, the planting island shall be a walkway cut through minimum of nine feet wide. Any island occurring perpendicular to parking spaces shall have a minimum width of nine feet provided with concrete walk six feet in width. Concrete curbs are required on internal parking lot islands. All parking lots shall be screened from the public roadways by mounding (three feet height minimum) and/or evergreen shrubs (three feet height minimum).
(4)
Screening of loading areas, outside storage areas and other service areas. Screening and landscaping shall be used to prevent direct views of the loading areas, storage areas outside an enclosed building, service areas, and associated service driveways from adjacent properties or from the public or private right-of-way when viewed from ground level. Screens shall consist of opaque ornamental fencing and walls that are architecturally compatible with the principal building on the lot or evergreen planting.
C.
Landscaping - commercial and multifamily property abutting residential property (Residential-1, Residential-2, Residential-3). Plant material shall consist of a mix of types that within three years of planting meet the standard of providing a compact, year-round visual screen at least 15 feet in height, or an approved natural barrier, such as existing vegetation or topography, which duplicates the effect of the required screening.
D.
Landscaping around residential multifamily buildings. At least one deciduous tree having a minimum caliper of not less than 2 1/2 inches measured five feet from grade shall be planted for each dwelling unit in conjunction with any development containing multidwelling buildings.
E.
Landscape buffers for building rears facing a public street.
(1)
A minimum ten-foot-wide applied landscaping strip abutting all residential property, broken only by points of vehicular or pedestrian access, shall be provided.
(2)
Plant material shall consist of a mix of types that within three years of planting meet the standard of providing a compact, year-round visual screen at least 15 feet in height or an approved natural barrier, such as existing vegetation or topography, which duplicates the effect of the required screening.
§ 340-45 Height exclusions.
Chimneys, elevator bulkheads, fire towers, monuments, church and ornamental spires, belfries, cooling towers, flagpoles, or necessary mechanical appurtenances may be erected to a height above the limitations set forth for the Business and PEDD District but may not exceed 15 feet over such limitations. None of the structures set forth in this district may be erected at a height greater than the maximum height allowed in any other zoning districts as set forth in this chapter.
§ 340-46 Swimming pools.
All swimming pools shall meet the following requirements:
B.
Swimming pools exceeding two feet in depth, whether permanent or portable, that are accessory to a single-family dwelling, shall not be located within the required yard areas of any district.
C.
Swimming pools accessory to all uses shall be installed and/or constructed completely below the surface of the ground.
D.
All outdoor swimming pools having a depth of two feet or more shall be completely enclosed with a wall, fence or other barrier at least five feet high and not greater than six feet high, the bottom of which must be no more than three inches from the ground, and equipped with a gate. All barriers shall not have any openings or gaps larger than three inches in any dimension.
[Amended 7-10-2017 by Ord. No. 90]
§ 340-47 Fences and screening.
A.
Required screening. When commercial or industrial development or expansion occurs on the property abutting residential zoned land, such development shall be screened from the residential zoned land in any of the following ways:
(1)
A permanent, continuous fence of wood or metal displaying no advertising and maintained in good condition, not more than six feet in height, at least 50% of the vertical surface of which shall be opaque; or
(2)
A dense continuous evergreen shrub or hedge planting to be installed at a height of not less than four feet and maintained thereafter at a height of six feet in height.
(3)
Any combination of these or an alternate screen acceptable to the Planning Commission, such as natural changes of grade or natural vegetation that obscures the commercial development from adjacent residential zoned land.
(4)
Eight-foot-high privacy dividers between townhouses shall be an exception, but shall not extend more than 15 feet from the townhouse structure.
(5)
Five-foot-high privacy patio fences for cluster homes may extend no more than 18 feet from the cluster home structure.
B.
Hedges, fences or walls on a property at the intersection of two public streets shall be held back on the property so that the vision of drivers approaching the intersection on either street is maximized. A triangular area whose sides are parallel to and abut the intersecting streets shall be kept clear so that vehicles approaching on either street are visible to one another. The triangular area must provide a clear area of vision with depth of eight feet from the corner midpoint of the property line. The Zoning Officer may modify these requirements when unusual topographical situations make compliance a hardship.
C.
No fence, hedge or wall shall exceed six feet in height above the ground line if the fence, hedge or wall is erected behind the front building line. No fence, hedge or wall shall exceed three feet in height above the ground line if the fence, hedge or wall is erected forward of the front face of the structure.
[Amended 7-10-2017 by Ord. No. 90]
D.
Fences, hedges and walls may be built up to, but not on, the property line.
[Amended 7-10-2017 by Ord. No. 90]
E.
Electric fences are not permitted except when part of an agricultural use. Barbed wire fences are not permitted except when part of an agricultural use or as part of a security fence if the barbed portion is located at least five feet above the ground. Underground fences for pet control are permitted. Consistent with the Borough's established development pattern, chain link, welded wire, woven wire or other primarily agricultural fence and nondecorative fences shall not be permitted, except at the Borough Community Park. Split-rail fences with a coated chain-link fence lining are permitted.
[Amended 7-10-2017 by Ord. No. 90]
§ 340-48 Patios, porches and chimneys.
Unless otherwise identified by ordinance requirements of the Borough, patios and porches located on or not more than six inches above the ground level at any point may be constructed within the required yards but must be at least two feet from any property line. An enclosed vestibule containing not more than 50 square feet may project into any required yard for a distance not to exceed five feet. Ordinary chimney projections may project into any required yard for a distance not to exceed two feet.
§ 340-49 Infill of buildings.
When at least 50% of a street frontage has been developed at a building line less than required for a district, and said development occurred prior to the effective date of this chapter, then new construction shall be permitted at the established building line. The established building line shall be determined by a line drawn from the closest front corners of the two closest adjacent buildings.
§ 340-50 Sight distances.
[Amended 4-10-2023 by Ord. No. 86]
In order to provide for visibility of traffic, a clear sight distance triangle shall be maintained at all driveways and street corners. This triangular space is determined as follows: A person standing 10 feet back of the intersection of two rights-of-way must have an unobstructed view for 70 feet to points right and left from the intersection of the rights-of-way lines.
§ 340-51 Fuel/energy recharge station canopies.
Canopies which are accessory to a use wherein motor fuel is dispensed/energy recharge occurs and is intended to provide shelter to persons using the dispensing pumps may project into the required front yard or into the required side yard (if abutting a street) to within five feet of the front or side property line.
§ 340-52 Stormwater management.
A.
Any landowner and any person engaged in the alteration or development of land must meet all requirements of Chapter 279, Stormwater Management, of the Borough's Code.
B.
If the development site is located within a watershed for which a stormwater management plan has been adopted, as required by the Pennsylvania Storm Water Management Act, then any proposed stormwater control measures shall be consistent with the plan. The stormwater control measures for a development or a site shall be reviewed and approved by the Borough Engineer. All calculations of pre- and post-development stormwater runoff and storage requirements shall be done using the U.S. Soil Conservation Soil-Cover-Complex Method (as published in Technical Release TR-55).
§ 340-53 Construction in utility easements.
No temporary or permanent structure or building as defined in this chapter shall be built within any area designated as a utility easement located within the boundaries of the Borough. This restriction includes, but is not limited to, sanitary sewer easements, underground electrical, gas, telephone, cable and other utility easements, and any other easements of record for public or private use. Landowners may erect fences upon said easements, but said fences would have to be removed at the cost of the landowner to allow for maintenance, repair, or other use of said easements. Any illegal structures or buildings erected in violation of this section, and which must be removed by the Borough utility corporation or other authorized entity, will be done so at the expense of the landowner and after proper notice and hearing.
§ 340-54 Exterior attachments.
[Amended 7-10-2017 by Ord. No. 90]
Property owners shall not place any equipment, structure or installation of any kind on the outside walls or roof of any house, including, but not limited to, radio or television antennas or satellite dishes, excluding satellite dishes one meter in diameter or less.
§ 340-55 Incomplete structures.
No basement, foundation, garage, trailer, dwelling house under construction or any structure other than the completed approved dwelling house shall be used, temporarily or permanently, as a residence.
§ 340-56 Garage space.
Garage space provided for and built in any original structure may not be converted to living space but may only be used for storage of vehicles or personal property. This includes, but is not limited to, any space originally designed as garage, but temporarily used for other purposes with specific approval of Borough Council.
§ 340-57 Storage and parking of vehicles.
No inoperative or unlicensed motor vehicles shall be parked, kept or stored on any premises, and no vehicle shall at any time be in a state of major disassembly or disrepair or in the process of being stripped or dismantled, unless it is located in a garage or accessory structure and completely enclosed and not visible. All vehicles must be parked on a contiguous paved parking area (paving to consisting of asphalt, concrete or interlocking paving stones; a paved parking area shall not consist of gravel or any other loose aggregate, paving stones, flagstones, or other similar noninterlocking material). With the exception of the driveway area of any residence, the paved surface on any residential lot may not exceed 5% of the surface area of said lot. The paved surface for parking on the yard of any lot shall not be increased over the amount of paved area shown on the approved construction site plan or installed before the first occupancy of any residence, unless an application is made for a building permit for any additions to the residence that will include a garage, and an additional driveway or parking area may be installed pursuant to such building permit and submitted site plan in accordance with the terms of this section and of all other applicable provisions of the zoning and subdivision ordinances. No property owners or tenants shall repair or restore any vehicle of any kind upon any lot except normal maintenance or emergency repairs where such vehicle is in view of the street. No motor vehicle, mobile home, boat, recreational vehicle, quad or motor bike, tractor or trailer may be parked on an unpaved area of the yard, or on any patio, deck, sidewalk or similar area. There shall be no outside storage or parking upon any residential lot of any tractor, trailer, commercially licensed vehicle greater than 16,001 pounds gross weight mobile home, boat, recreational vehicle, quad, motor bike, or similar vehicle of any kind. Commercially licensed vehicles or other vehicles which are parked on a residential lot for purposes of providing a commercial or retail service or delivery to that residential lot may be parked thereon between the hours of 7:00 a.m. until 9:00 p.m. of each day, Monday through Saturday, and on Sundays for emergency repair or service purposes. A boat or recreational vehicle may be stored outside upon the paved area of a residential lot for a period not exceeding four consecutive days, and said boat or recreational vehicle shall only be kept outside for no more than eight days during any calendar month. Commercial vehicles and trailers which are being used for a construction project on any lot may be parked on any residential lot between Monday at 7:00 a.m. until Friday at 6:00 p.m. in any calendar week; commercial vehicles and trailers which are being used for a construction project on any residential lot may not be parked on the lot from Friday at 6:00 p.m. until the following Monday at 7:00 a.m. Portable storage units (commonly referred to as PODS® or other similar equipment) shall be placed only on the paved area of the front yard of any residential lot and shall only be so stored for a period of five consecutive days, and only for that period of up to five consecutive days twice during any calendar year. An increase in driveway or parking space may be allowed as part of a construction plan for an addition to an existing residence which adds a garage; the additional driveway or parking must be shown on a site plan submitted for approval of the building permit and comply with all other terms and conditions of the zoning ordinance, property maintenance ordinance, subdivision ordinance, and all other applicable ordinances. The term "vehicles," as used in this section, shall include commercially licensed vehicles, mobile homes, boats, recreational vehicles, quads, motor bikes, tractors, trailers or other similar vehicles or storage units.
§ 340-58 Communications towers.
Towers for the purpose of transmitting communication signals shall be permitted in the Borough, subject to the following conditions:
A.
The location is restricted to property zoned Conservation-1 which is located north of Mars-Crider Road.
B.
The base of the tower must be located at a distance greater than or equal to two times the tower's height from any adjoining lot line.
C.
Any auxiliary structures must be no more than 10 feet in height and comply with all other applicable Borough ordinances.
D.
The party proposing to build the tower must demonstrate to the Borough that the tower is necessary and that locating it at another location would be excessively burdensome. The applicant shall demonstrate that the antenna is the minimum height required to function satisfactory. No antenna that is taller than this minimum height shall be approved. In addition, no antenna shall exceed 200 feet in height.
E.
All communication towers must be stealth towers. A stealth tower is a communications tower which is not recognizable as a conventional communications tower (e.g., a metal lattice structure), but instead is disguised or concealed in such a fashion as to conform to its surroundings. Examples of such stealth towers include a tower which looks like a tree or one which is concealed in a church steeple.
F.
In order to reduce the number of antenna support structures needed in the future, the proposed support structure shall be required to accommodate other users, including other communication companies, and local police, fire, ambulance services and municipal authority and road departments. In addition, a linear two-mile separation shall be maintained between communication towers, measured from the base of the support structure.
§ 340-59 Communications antenna.
A.
A building-mounted antenna shall not be located in any residentially zoned district. No freestanding antenna will be permitted within the Borough.
B.
No more than six antennas shall be permitted on or attached to any building within the Borough.
C.
A building-mounted communications antenna shall be permitted to exceed the height limitations of the applicable zoning district by no more than 10 feet.
D.
An omnidirectional or whip communications antenna shall not exceed 10 feet in height and seven inches in diameter.
E.
A directional or panel communications antenna shall not exceed five feet in height and three feet in width.
F.
A building-mounted antenna shall be set back from the edge of the building by 1/2 the height of the antenna.
G.
For antenna mounted on or to an existing building, the antenna must be of a color that is identical to, or closely compatible with, the color of the building so as to make them as visually unobtrusive as reasonably possible. In addition, supporting electrical and mechanical equipment shall be screened from view or camouflaged.
H.
Any applicant proposing a communications antenna to be mounted on or to a building or other structure shall submit evidence from a Pennsylvania-registered professional engineer certifying that the proposed installation will not exceed the structural capacity of the building or other structure considering wind and other loads associated with the antenna location.
I.
Any application proposing a communications antenna to be mounted on or to a building or other structure shall submit detailed construction and elevation drawings indicating how the antenna will be mounted on the building or structure for review by the Borough Engineer.
J.
Any applicant proposing a communications antenna to be mounted on or to a building or other structure shall submit evidence of agreements and/or easements necessary to provide access to the building or structure on which the antenna is to be mounted so that the installation and maintenance of the antenna and any communications equipment building can be accomplished.
K.
A communications antenna shall not cause radio frequency interference with other communications facilities located in the Borough.
L.
All communications equipment buildings shall be located either on the roof of the building or within the building. No freestanding communications equipment buildings shall be permitted.
M.
The owner or operator of any communications antenna shall be licensed by the FCC to operate such antenna.
N.
Any abandoned or unused communications antenna shall be removed by the owner within six months of the date the antenna was abandoned or last used. If a communications antenna is abandoned, the owner shall be required to immediately notify the Borough in writing of the abandonment.
§ 340-60 Solar collectors and related equipment.
A.
Purpose. It is the purpose of this regulation to promote the safe, effective and efficient use of installed solar energy systems that reduce on-site consumption of utility-supplied energy while protecting the health, safety and welfare of adjacent and surrounding land uses and lots. This chapter seeks to:
(1)
Provide lot owners and business owners/operators with flexibility in satisfying their on-site energy needs.
(2)
Reduce overall energy demands within the community and promote energy efficiency.
(3)
Integrate alternative energy systems seamlessly into the community's neighborhoods and landscapes without diminishing quality of life in the neighborhoods.
B.
Applicability.
(1)
This chapter applies to building-mounted and ground-mounted systems installed and constructed after the effective date of the chapter.
(2)
Solar PV systems constructed prior to the effective date of this chapter are not required to meet the requirements of this chapter.
(3)
Any upgrade, modification or structural change that materially alters the size or placement of an existing solar PV system shall comply with the provisions of this chapter.
C.
Permitted zoning districts.
(1)
Building-mounted and ground-mounted systems are permitted in all zoning districts as an accessory use to any lawfully permitted principal use on the same lot upon issuance of the proper permit pursuant to Borough requirements and upon compliance with all requirements of this section and as elsewhere specified in this chapter.
(2)
Building-integrated systems, as defined by this chapter, are not considered an accessory use and are not subject to the requirements of this chapter.
D.
Location within a lot.
(1)
Building-mounted systems are permitted to face any rear, side and front yard or any unregulated yard area as defined in this chapter. Building-mounted systems may only be mounted on lawfully permitted principal or accessory structures.
(2)
Ground-mounted systems are permitted based on the requirements for accessory uses or structures in the property's zoning district.
PERMITTED LOCATION: BUILDING-MOUNTED SOLAR PV SYSTEM ISOMETRIC .tif.png "340(1).tif") |
E.
Design and installation standards.
(1)
The solar PV system must be constructed to comply with the Pennsylvania Uniform Construction Code (UCC), Act 45 of 1999, as amended, and any regulations adopted by the Pennsylvania Department of Labor and Industry as they relate to the UCC, except where an applicable industry standard has been approved by the Pennsylvania Department of Labor and Industry under its regulatory authority.
(2)
All wiring must comply with the National Electrical Code, most recent edition, as amended and adopted by the Commonwealth of Pennsylvania. For ground-mounted systems, all exterior electrical lines must be buried below the surface of the ground where possible or be placed in conduit.
(3)
The solar PV system must be constructed to comply with the most recent fire code, as amended and adopted by the Commonwealth of Pennsylvania.
F.
Setback requirements. Ground-mounted systems are subject to the accessory use or structure setback requirements in the zoning district in which the system is to be constructed. The required setbacks are measured from the lot line to the nearest part of the system. No part of the ground-mounted system shall extend into the required setbacks due to a tracking system or other adjustment of solar PV related equipment or parts.
G.
Height restrictions.
(1)
Notwithstanding the height limitations of the zoning district:
(a)
For a building-mounted system installed on a sloped roof that faces the front yard of a lot, the system must be installed at the same angle as the roof on which it is installed with a maximum distance, measured perpendicular to the roof, of 18 inches between the roof and highest edge or surface of the system.
(b)
For a building-mounted system installed on a sloped roof, the highest point of the system shall not exceed the highest point of the roof to which it is attached.
(2)
Notwithstanding the height limitations of the zoning district:
(a)
For a building-mounted system installed on a flat roof, the highest point of the system shall be permitted to extend up to six feet above the roof to which it is attached.
(b)
Ground-mounted systems may not exceed the permitted height of accessory structures in the zoning district where the solar PV system is to be installed.
HEIGHT RESTRICTION, SLOPED ROOF FACING FRONT YARD: BUILDING-MOUNTED SOLAR PV SYSTEM ELEVATION .tif.png "340(2).tif") |
HEIGHT RESTRICTION, SLOPED ROOF FACING REAR OR SIDE YARD: BUILDING-MOUNTED SOLAR PV SYSTEM ELEVATION .tif.png "340(3).tif") |
HEIGHT RESTRICTION, FLAT ROOF: BUILDING-MOUNTED SOLAR PV SYSTEM ISOMETRIC .tif.png "340(4).tif") |
HEIGHT RESTRICTION: GROUND-MOUNTED SOLAR PV SYSTEM ELEVATION .tif.png "340(5).tif") |
SCREENING AND VISIBILITY, FLAT ROOF: BUILDING-MOUNTED SOLAR PV SYSTEM PLAN .tif.png "340(6).tif") |
SCREENING AND VISIBILITY, FLAT ROOF: BUILDING-MOUNTED SOLAR PV SYSTEM PLAN .tif.png "340(7).tif") |
SCREENING AND VISIBILITY, FLAT ROOF: BUILDING-MOUNTED SOLAR PV SYSTEM ELEVATION .tif.png "340(8).tif") |
SCREENING AND VISIBILITY, FLAT ROOF: BUILDING-MOUNTED SOLAR PV SYSTEM ELEVATION .tif.png "340(9).tif") |
H.
Screening and visibility.
(1)
Building-mounted systems on a sloped roof shall not be required to be screened.
(2)
Building-mounted systems mounted on a flat roof shall not be visible from the public right-of-way within a fifty-foot radius of the lot, exclusive of an alley as defined by this chapter, at a level of five feet from the ground in a similar manner as to any other rooftop HVAC or mechanical equipment. This can be accomplished with architectural screening such as a building parapet or by setting the system back from the roof edge in such a manner that the solar PV system is not visible from the public right-of-way within a fifty-foot radius when measured at a distance of five feet from the ground.
I.
Impervious lot coverage restrictions. The surface area of any ground-mounted system, regardless of the mounted angle of any portion of the system, is considered impervious surface and shall be calculated as part of the lot coverage limitations for the zoning district. If the ground-mounted system is mounted above existing impervious surface, it shall not be calculated as part of the lot coverage limitations for the zoning district.
J.
Nonconformance.
(1)
Building-mounted systems:
(a)
If a building-mounted system is to be installed on any building or structure that is nonconforming because its height violates the height restrictions of the zoning district in which it is located, the building-mounted system shall be permitted so long as the building-mounted system does not extend above the peak or highest point of the roof to which it is mounted and so long as it complies with the other provisions of this chapter.
(b)
If a building-mounted system is to be installed on a building or structure on a nonconforming lot that does not meet the minimum setbacks required and/or exceeds the lot coverage limits for the zoning district in which it is located, a building-mounted system shall be permitted so long as there is no expansion of any setback or lot coverage nonconformity and so long as it complies with the other provisions of this chapter.
(2)
Ground-mounted systems. If a ground-mounted system is to be installed on a lot containing a structure that is nonconforming because the required minimum setbacks are exceeded, the proposed system shall be permitted so long as the system does not encroach into the established setback for the lot. If a ground-mounted system is to be installed on a lot that is nonconforming because it violates zoning district requirements other than setbacks, then a variance must be obtained for the proposed installation.
NONCONFORMING BUILDING, SLOPED ROOF FACING FRONT YARD: BUILDING-MOUNTED SOLAR PV SYSTEM ELEVATION .tif.png "340(10).tif") |
NONCONFORMING BUILDING, SLOPED ROOF FACING REAR OR SIDE YARD: BUILDING-MOUNTED SOLAR PV SYSTEM ELEVATION .tif.png "340(11).tif") |
NONCONFORMING LOT, SETBACKS: GROUND-MOUNTED SOLAR PV SYSTEM ISOMETRIC .tif.png "340(12).tif") |
NONCONFORMING LOT, SETBACKS: AND/OR LOT COVERAGE LIMITS: BUILDING-MOUNTED SOLAR PV SYSTEM ISOMETRIC .tif.png "340(13).tif") |
K.
Signage and/or graphic content. No signage or graphic content may be displayed on the solar PV system except the manufacturer's badge, safety information and equipment specification information. Said information shall be depicted within an area no more than 36 square inches in size.
L.
Performance requirements. All solar PV systems are subject to compliance with applicable performance standards detailed elsewhere in this chapter.
M.
Inspection, safety and removal.
(1)
The Borough reserves the right to inspect a solar PV system for building or fire code compliance and safety.
(2)
If upon inspection the Borough determines that a fire code or building code violation exists, or that the system otherwise poses a safety hazard to persons or property, the Borough may order the lot owner to repair or remove the system within a reasonable time. Such an order shall be in writing, shall offer the option to repair, shall specify the code violation or safety hazard found, and shall notify the lot owner of his or her right to appeal such determination.
(3)
If a lot owner fails to repair or remove a solar PV system as ordered, and any appeal rights have been exhausted, the Borough may enter the lot, remove the system and charge the lot owner and/or facility owner and operator for all costs and expenses of removal, including reasonable attorney's fees, or pursue other legal action to have the system removed at the lot owner's expense.
(4)
In addition to any other available remedies, any unpaid costs resulting from the Borough's removal of a vacated, abandoned or decommissioned solar PV system shall constitute a lien upon the lot against which the costs were charged. Legal counsel of the Borough shall institute appropriate action for the recovery of such cost, plus attorney's fees, including but not limited to filing of municipal claims pursuant to 53 P.S. § 7107 et seq., for the cost of such work, 6% interest per annum, plus a penalty of 5% of the amount due, plus attorney's fees and costs incurred by the Borough in connection with the removal work and the filing of the municipal claim.
N.
Permit requirements. Before any construction or installation on any solar PV system shall commence, a permit issued by the Borough shall be obtained to document compliance with this chapter.
§ 340-61 Outdoor storage.
A.
The Borough aims to provide a safe and healthy environment to its residents and businesses.
B.
The following items associated with outdoor storage are considered public health or safety menaces which may endanger the health or safety of the public and, as such, are subject to Borough inspection. Such items cannot be stored on a lot.
(1)
Unsanitary or improper storage or disposal of trash, garbage, refuse, debris, other solid waste or hazardous waste.
(2)
Unburied dead animals.
(3)
Accumulation of water causing mosquito or other vector breeding or proliferation.
(4)
Rodent or insect infestation.
(5)
Accumulation of bees, fowl or animals in such a manner to create a condition that may be injurious to the public health or safety.
(6)
Uncovered woodpiles and woodpiles exceeding 120 cubic feet.
(7)
Fuel sources and fire hazards stored freely out of doors.
(8)
Furniture typically intended/constructed for indoor use stored out of doors.
(9)
Inoperable appliances, vehicles and equipment.
(10)
Mechanical equipment not intended for traditional landscaping purposes stored between the front facade of a main building and the front lot line.
(11)
Motorized, mechanical and other powered vehicles and equipment stored between the front facade of a main building and the front lot line that is not in concealed storage (that which exceeds 85% or greater opacity) or between rear or side facades and rear or side yards that is not screened from adjacent lot(s).
(12)
Any other condition or objects that may be injurious or cause adverse effect to public health or safety.
C.
Except for retail/wholesale landscape plant (living) species which require outside storage of materials for growth within the environment, the storage and display of materials outside a completely enclosed structure shall not be permitted.
D.
Any material or equipment stored outside an enclosed building shall be incidental to the principal use of the lot and shall be stored to the rear of the building or a location otherwise approved by the Borough which screens the display/storage area from public view from the street or from any adjacent residential use.
E.
All organic rubbish and discarded materials shall be contained in tight, verminproof containers, which shall be screened from public view by an opaque fence or hedge which is at least six feet in height and achieves 85% opacity.
F.
When any condition that constitutes a public health or safety menace is found on occupied or vacant land or premises, the Borough shall notify in writing the landowner or occupant of the land or premises on which the condition exists and/or any other person who it believes is responsible for the health or safety menace. Such notice shall contain a description of the health or safety menace; the time within which the menace shall be abated, corrected or eliminated; and a statement that the landowner, occupant of the land or other person responsible may request a review meeting with the Zoning Officer within 10 days of the receipt of the notice. Notice sent by registered or certified mail to the last-known address of the owner whose name is shown on the current real estate tax assessment records or the occupant or other identified person responsible shall be deemed compliance with the notice requirement to the person responsible.
G.
Upon receipt of the written notice from the Borough, the landowner, occupant of the land or other person responsible shall abate, correct or eliminate the health or safety menace. The amount of time allowed to abate, correct or eliminate the health or safety menace condition shall be determined by the Borough and shall not be less than 24 hours nor more than 10 days. If the Borough determines that the menace cannot be abated, corrected or eliminated within 10 days, the Borough may order temporary abatement measures and allow a longer period of time to abate, correct or eliminate the condition. The Borough may allow such a longer period of time only upon request of the landowner, occupant of the land or other person responsible and only upon a good faith showing that such longer period of time is necessary.
H.
After receipt of the written notice, it is unlawful for the landowner, occupant of the land or other person responsible to fail to abate, correct or eliminate the health or safety menace within the time determined by the Borough.
I.
If the written notice is undeliverable or if, after receipt of the written notice, the landowner, occupant of the land or other person responsible fails to abate, correct or eliminate the health or safety menace, the Borough may request Borough representatives to take reasonable steps to abate, correct or eliminate the health or safety menace, whether the land or premises are occupied or vacant. If the landowner, occupant of the land or other person responsible denies free access for such purposes, the Borough may proceed after obtaining the applicable legal authorization.
J.
Costs and expenses incurred by the Borough in abating, correcting or eliminating a health or safety menace on private property shall be assessed against the owner and/or occupant of the land or premises and/or any other person responsible for the health or safety menace, and shall be recoverable from the owner in the same way as taxes and levies. Costs and expenses incurred by the Borough in abating, correcting or eliminating a health or safety menace on public property shall be recoverable from the person or persons responsible for causing the health or safety menace.
§ 340-62 Performance standards.
All uses shall comply with the following general performance standards:
A.
Fire protection. Fire protection and firefighting equipment acceptable to the Board of Fire Underwriters shall be readily available when any activity involving the handling or storage of flammable or explosive materials is carried on.
B.
Electrical disturbance. No activity shall cause electrical disturbance adversely affecting radio or other equipment in the vicinity.
C.
Noise. Noise which is determined to be objectionable because of volume, frequency or beat shall be muffled or otherwise controlled, unless required for the protection of the public.
D.
Vibrations. Vibrations detectable without instruments on neighboring property shall be prohibited.
E.
Odors. Odors detectable without instruments on neighboring property shall be prohibited.
F.
Air pollution. No pollution of air by fly ash, dust, smoke, vapors or other substances shall be permitted which is harmful to health, animals, vegetation or other property.
G.
Glare. Lighting devices which produce objectionable direct or reflected glare on adjoining properties or thoroughfares shall not be permitted.
H.
Erosion. No erosion by wind or water shall be permitted which carries objectionable substances onto neighboring properties.