Topton City Zoning Code
GENERAL REGULATIONS
§ 154.075 PROHIBITED USES.
No building may be erected, altered or used, and no lot or premises may be used for any activity which is noxious, injurious or offensive by reason of dust, smoke, odor, fumes, noise, vibration, gas, illumination or similar substances or conditions.
(Ord. passed 7-13-2015) Penalty, see § 154.999
§ 154.076 ACCESS TO BUILDINGS AND STRUCTURES.
Every building and structure hereafter erected or moved shall be on a lot adjacent to a public street or have access to a private street approved by the Borough Council. All buildings and structures shall be so located on lots as to provide safe and convenient access for servicing, fire protection and required off-street parking.
(Ord. passed 7-13-2015)
§ 154.077 ERECTION OF MORE THAN ONE PRINCIPAL BUILDING OR STRUCTURE ON A LOT.
(A) In any district, more than one building or structure housing a permitted or permissible principal use may be erected on a single lot, provided that the area, yard and other requirements of this chapter pertinent to the district in which the lot is located shall be met for each building or structure as though it were on an individual lot, unless otherwise specifically provided in this chapter.
(B) Completely detached principal buildings on the same lot shall maintain the separation distance required by the International Building Code, most recent edition.
(Ord. passed 7-13-2015)
§ 154.078 ACCESSORY USES - RESIDENTIAL.
(A) General.
(1) No accessory use shall be permitted on a lot without a primary use.
(2) No accessory uses shall be permitted within any required front or side yard, except the minimum side lot line setback for sheds shall be six feet or the side line setback achieved by the existing primary structure, whichever is less, subject to meeting all of the following.
(a) The shed is accessory to a permitted residential use.
(b) The shed is without a permanent foundation.
(c) The shed is one story in height.
(d) The shed is a maximum of 350 square feet in size.
(3) No accessory uses shall be permitted within any required rear yard, except:
(a) The minimum rear lot line setback for garages shall be zero feet along an alley;
(b) The minimum rear lot line setback for accessory uses of 150 square feet or less shall be ten feet; and
(c) The minimum rear lot line setback for sheds shall be six feet, subject to meeting all of the requirements listed in division (A)(2) above.
(4) No activities or accessory uses shall be permitted which create a public nuisance or interfere with the use of adjacent lots.
(5) The maximum height of any accessory building or structure shall not exceed 50% of the permitted height of the primary structure.
(6) Accessory uses include, but are not limited to, animal shelters, detached garages, swimming pools, greenhouses, storage sheds and tennis courts.
(B) Use regulations.
(1) Swimming pool.
(a) No swimming pool shall be permitted within a front or side yard.
(b) No swimming pool shall be permitted less than 15 feet from any rear lot line.
(c) Private noncommercial swimming pools shall be entirely enclosed with a permanent barrier or fence not less than four feet in height. Walls of buildings may serve as part of such barrier or fence. Where pools are constructed above-ground, that portion of the pool wall extending above the ground may be included as part of a barrier or fence.
(d) All such barriers or fences shall have a gate which can be securely locked.
(e) Above-ground pools shall have a ladder or stairway which can be removed or rendered unusable and the entrance of the pool shall be capable of being securely closed to a height of four feet.
(f) All pool installations components shall meet IBC requirements.
(2) Detached garages.
(a) The maximum height shall be 20 feet.
(b) The maximum length shall be 36 feet.
(c) No temporary structure shall be permitted.
(d) Detached garages are not required to be set back from alleys (service streets) the distances which are specified as the minimum building setback line requirements in this chapter, but detached garages shall comply with all requirements of this section.
(3) Apartment building, townhouse and two-family attached dwelling accessory uses. Apartment building, townhouse and two-family attached dwelling accessory uses shall be restricted to uses designed for residents of the dwelling units and may include such uses as areas for washing machines and dryers and vending machines; lockers and storage areas; recreational rooms, areas and lounges; swimming pools and outdoor recreational areas. One office per project for the purpose of administering and renting dwelling units may be established. One “sample” dwelling unit for display purposes shall be permitted for each type of dwelling unit to be constructed.
(4) Solar energy system.
(a) Defined. A building-mounted residential solar energy system as defined is allowed as a permitted accessory use to any lawful residential use where listed on Table 1 subject to the requirements of this chapter.
(b) Generally. A system is considered an accessory solar energy system only if it supplies electrical or thermal power primarily for on-site use, except that when a property upon which the facility is installed also receives electrical power supplied by a utility company, excess electrical power generated and not presently needed for on-site use may be used by the utility company. The owner of the accessory solar energy system shall provide written confirmation that the public utility company has been informed of the customer’s intent to install an interconnected customer-owned generator and also approves of such connection. Off-grid systems shall be exempt from this requirement.
(c) Installed after effective date of this chapter. This section applies to solar energy systems to be installed and constructed after the effective date of this chapter, and all applications for solar energy systems on existing structures or property.
(d) Compliance with other regulations. The solar energy system shall comply with all applicable building and construction codes as amended and any regulations adopted by the Department of Labor and Industry. The design and installation of accessory solar energy systems shall conform to applicable industry standards, 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 Building Code and with all other applicable fire and life safety requirements.
(e) Manufacturer specifications. The manufacturer specifications shall be submitted as part of the application.
(f) Upgrades. Any upgrades, modifications or changes that materially alter the size or placement of an existing solar energy system shall comply with the provisions of this section.
(g) Accessory solar energy systems. 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.
(h) Location. 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.
(i) Height. Building- or roof- mounted solar energy systems shall not exceed the maximum allowed height in any zoning district. For purposes for the height measurement, solar energy systems other than building-integrated systems shall be considered to be mechanical devices and are restricted consistent with other building-mounted mechanical devices
(j) Setback. 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 yard exposure.
(k) Clearance. Roof-mounted solar energy systems shall be set back at least three feet from the roof edge and roof ridge line for Fire Department access.
(l) 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. 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. 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.
(m) Design. To the extent reasonably possible, the design of the solar energy system shall use materials, colors and textures that will blend the system into existing structures and the environment.
(n) Written notice. Upon issuance of a zoning permit for a solar energy system, the Zoning Officer shall provide written notice of the issuance by first class mail to the owner of record of each adjoining lot along with a copy of this section of the chapter.
(o) New accessory structures or vegetation. When a solar energy system is installed on a lot, new accessory structures or vegetation established thereafter on an adjoining lot shall not be located in a manner that blocks the solar collector access to solar energy, or the solar access plane, so as to cause a major loss of efficiency. The portion of a solar collector that is protected is the portion which is located so as not to be shaded between the hours of 10:00 a.m. and 3:00 p.m. on December 21 by a hypothetical minimum 12-foot high obstruction located on the lot line. This division (B)(4)(o) shall not apply to structures or vegetation existing on an adjoining lot at the time of the installation of the solar energy system, or the effective date of this chapter, whichever is later, it shall apply to the erection of an accessory structure and to the planting of new vegetation and its subsequent growth on adjoining lots after the installation of the solar energy system.
(p) Installation. Installation of a solar energy system does not guarantee the creation of a permanent easement for solar access. However, existing solar energy systems and solar access requirement shall be considered by the Zoning Officer, Planning Commission and Council when reviewing applications for land development or subdivision.
(q) Burden of proof. It shall be the burden of the owner of a solar energy system claiming that the erection of an accessory structure or planting of vegetation is causing a major loss of efficiency to establish all facts necessary to support the claim, including, but not limited to, the actual power output of the system prior to the alleged impact, test conditions and comparable illumination levels, all of which shall be supported by a state-certified solar energy system installed or a professional engineer.
(r) Abandonment. If a solar energy system is inoperable for 12 consecutive months the owner shall be notified that he, she or it must, within three months of receiving the notice, restore his, her or its system to operating condition. If the owner fails to restore the system to operating condition within the six-month time frame, then the owner shall be required, at his, her or its expense, to remove the solar energy system for safety reasons. The system then would be subject to the public nuisance provisions of the municipal code.
(5) Wind energy system.
(a) Defined. An accessory wind energy system as defined is allowed as a permitted accessory use to any lawful residential use where listed on Table 1 subject to the requirements of this chapter.
(b) Maximum number. The maximum number of wind energy systems per property shall be one.
(c) Appearance. Wind turbines shall be a non-obtrusive color, such as white, off-white or gray.
(d) Setback. The base of the tower shall be set back from all property lines, public rights-of-way and public utility lines a distance equal to the total extended height. Turbines shall be allowed closer to a property line than its total extended height if the abutting property owner(s) grants written permission and the installation poses no interference with public utility lines or public road and rail rights-of-way.
(e) Tower height. Not to exceed the greater of the permitted height of a communications tower if permitted in the district, or two times the permitted height of a principal structure on the lot.
(f) Sound. Sound produced by the turbine under normal operating conditions, as measured at the property line, shall not exceed the definition of nuisance noise. Sound levels, however, may be exceeded during short-term events out of anyone’s control such as utility outages and/or severe wind storms.
(g) Wind turbine equipment. The design and installation of all accessory wind energy systems shall conform to applicable industry standards, including those of the American National Standards Institute (ANSI), Underwriters Laboratories, the American Society for Testing and Materials (ASTM), or other similar certifying organizations, and shall comply with the Building Code and with all other applicable fire and life safety requirements. The manufacturer specifications shall be submitted as part of the application.
(h) 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.
(i) Electrical Code compliance. 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.
(j) Utility notification. No small wind energy system shall be installed until evidence has been given that the utility company has been informed of the customer’s intent to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement.
(k) Abandonment. If a wind turbine is inoperable for 12 consecutive months the owner shall be notified that he, she or it must, within three months of receiving the notice, restore his, her or its system to operating condition, If the owner fails to restore the system to operating condition within the six-month time frame, then the owner shall be required, at his, her or its 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.
(l) Signage. All signs, other than the manufacturer’s or installer’s identification, appropriate warning signs or owner identification on a wind generator, tower, building or other structure associated with a small wind energy system visible from any public road shall be prohibited.
(m) Lighting. No illumination of the turbine or tower shall be allowed unless required by the FAA.
(n) Access. Any climbing foot pegs or rungs below 12 feet of a freestanding tower shall be removed to prevent unauthorized climbing
(Ord. passed 7-13-2015; Ord. 2018-2, passed 3-12-2018) Penalty, see § 154.999
§ 154.079 COMMERCIAL AND INDUSTRIAL ACCESSORY USES.
(A) General. No building or structure shall be located within any required front or side yard or within 20 feet of the rear lot line.
(B) Use regulations.
(1) Storage areas. All such facilities shall be located in an area which has direct access to a loading area and a street or driveway.
(2) Living quarters. In industrial districts, living quarters shall be permitted for proprietors and for watchmen, caretakers or similar employees.
(3) Restaurants, cafeterias and recreational facilities. In industrial districts, restaurants, cafeterias and recreational facilities shall be permitted, provided that they are primarily for the use of employees.
(4) Additional accessory uses. See Table 1 for additional accessory uses permitted in this district.
(Ord. passed 7-13-2015) Penalty, see § 154.999
§ 154.080 HIGHWAY FRONTAGE DEVELOPMENT IN COMMERCIAL AND INDUSTRIAL DISTRICTS.
(A) All areas for off-street parking, off-street unloading and loading, and the storage or movement of motor vehicles shall be physically separated from the public street or highway by a raised curb, planting strip or other suitable barrier against unchanneled motor vehicle entrance or exit, except for necessary accessways or access roads which supply entrance to and egress from such parking, loading or storage area.
(B) Each use with less than 100 feet of frontage on a public street shall have not more than two accessways to each such street. No use with 100 feet or more frontage on a public street shall have more than two accessways to anyone street for each 300 feet of frontage.
(C) (1) The width of entrances to and exits from parking areas, measured at the street line, shall conform to the following schedule:
Width in Feet | ||
Minimum | Maximum | |
One-way | 10 | 26 |
Two-way | 20 | 36 |
(2) Each lane provided shall be a minimum of ten feet in width.
(3) The radius of the edge of the driveway apron shall be at least 15 feet and no more than 50 feet.
(D) The location and width of exit and entrance driveways shall be planned to interfere as little as possible with the use of adjacent property and with pedestrian and vehicular traffic on adjacent streets. Access driveways shall not be located in such a manner that they will cause a hazard to the free movement of normal highway traffic or cause areas of undue traffic congestion on the highway.
(Ord. passed 7-13-2015) Penalty, see § 154.999
§ 154.081 LANDSCAPING.
(A) Screening, planting strips and the like shall be subject to approval of the Zoning Officer prior to planting. The type and density of planting shall adequately provide the screening effect required.
(B) Any portion of a site which is not used for buildings, structures, paved areas and designated storage areas shall be landscaped according to an overall plan.
(C) Landscaped screening shall be required whenever a new nonresidential principal building is located on a lot whose side or rear lines abut or are across and alley from a residential district or an existing residential use.
(1) Plant materials used in screen planting shall be at least four feet in height when planted.
(2) The screen planting shall be maintained permanently and plant material which does not live shall be replaced within one year.
(Ord. passed 7-13-2015) Penalty, see § 154.999
§ 154.082 LIGHTING.
(A) When the property on which any activity is conducted is illuminated at night, such illumination shall be so designed and located that the light sources are shielded from adjoining properties and streets to prevent lights from shining into the eyes of passing pedestrians or motorists.
(B) No direct beams of light shall be directed toward adjacent properties or toward roads, except from street lights intended for the lighting of streets, the location of which have been approved by the borough and the appropriate utility company.
(C) All light sources, including signs, shall be properly diffused with a translucent or similar cover to prevent the lighting element from being directly visible from streets, public sidewalks, dwellings or adjacent lots.
(D) No lighting shall be utilized in such a manner to produce a light intensity greater than 0.2 foot-candles beyond the lot lines.
(E) Flashing, flickering or strobe lighting are prohibited, except for seasonal holiday lights between October 25 and January 10.
(Ord. passed 7-13-2015) Penalty, see § 154.999
§ 154.083 SIGNS.
Signs may be erected and maintained only when in compliance with the provisions of this chapter and all other ordinances and regulations of the borough relating to the erection, alteration or maintenance of signs.
(A) General.
(1) Signs shall not contain moving parts nor use flashing or intermittent illumination or any type of dynamic display except as specifically provided for in this chapter. The source of light shall be steady and stationary. Units which alternately display time and temperature shall be permitted.
(2) No sign shall be placed in such a position, or have such a source of illumination, that it will cause any danger to pedestrians or vehicular traffic.
(3) No sign other than official traffic signs shall be erected within the right-of-way lines of any street or extend over any street right-of-way.
(4) Every sign must be constructed of durable material and be kept in good condition. Any sign which is allowed to become dilapidated shall be removed at the expense of the owner or lessee. The Borough Zoning Officer shall make such determination as to state of repair.
(5) No sign shall be utilized in a manner which produces a light intensity greater than zero foot- candles beyond the lot lines. No direct beams of light shall be directed towards adjacent properties or roads.
(6) The distance from the ground to the highest part of any sign shall not exceed ten feet in residential districts. The distance from the ground to the highest part of any freestanding sign in a commercial or industrial district shall not exceed 25 feet. In commercial or industrial districts no portion of a sign which is attached to a building or supported by a building shall extend above the height of the building.
(7) No sign shall be erected or located as to prevent free ingress to or egress from any window, door or fire escape.
(B) Signs permitted in residential districts.
(1) Official traffic signs;
(2) Identification signs or bulletin or announcement boards for schools, churches, hospitals or similar institutions, and for clubs, lodges, estates or similar uses, provided that:
(a) No more than two such signs shall be erected on any frontage of anyone lot;
(b) The area on one side of any such sign shall not exceed 20 square feet; and
(c) No such sign may be closer than ten feet to the front lot line.
(3) Signs indicating the name, profession or activity of the occupant of a dwelling, provided:
(a) No side of any such sign shall exceed two square feet in area;
(b) No such sign shall be located within ten feet of the front lot line; and
(c) No more than one such sign shall be permitted for each permitted use or dwelling.
(4) Signs advertising the rental or sale of premises, provided that:
(a) The area on anyone side of any such sign shall not exceed 12 square feet;
(b) A sign shall be located on the lot to which it refers;
(c) No sign shall be located within ten feet of the front lot line; and
(d) Not more than one such sign shall be placed on any one street frontage.
(5) Temporary signs of contractors, architects and the like, provided that:
(a) Such signs shall be removed promptly upon completion of the work;
(b) The area of such signs shall not exceed 12 square feet on anyone side;
(c) Such signs shall be located on the lot which the work is being done; and
(d) Such signs shall be no closer than ten feet to the front lot line.
(6) Signs advertising a lawful nonresidential, nonconforming use, provided that:
(a) The area on one side of such sign shall not exceed 12 square feet;
(b) The sign shall be erected only on the lot on which such nonconforming use is located;
(c) No more than two such signs shall be erected on any one street frontage; and
(d) No sign shall be located within ten feet of the front lot line.
(7) Signs necessary for the identification and protection of public utility facilities, provided that the area of any one side of such sign shall not exceed 12 square feet;
(8) Signs within a residential subdivision to direct persons to a rental office or sample unit within that subdivision provided that the area on any one side of any such sign shall not exceed four square feet; and
(9) “No Trespassing” signs and signs indicating the private nature of premises. The area of anyone side of such signs shall not exceed two square feet.
(C) Signs in commercial, institutional-government and industrial districts. Signs may be erected and maintained, provided that:
(1) No more than one advertising sign and no more than two directional sign shall be permitted on a lot;
(2) The total area on one side of all signs placed on or facing any one street frontage of any one lot shall not exceed 200 square feet except in the case of a building housing more than one commercial or industrial use;
(3) The area on one side of a directional or advertising sign shall not exceed 20 square feet;
(4) No part of any sign shall be located within five feet of the front lot line;
(5) No more than one freestanding sign shall be allowed on any one lot;
(6) No more than three separate signs shall face any one street frontage on any one lot except in the case of a building housing more than one commercial or industrial use;
(7) In the case of a building housing more than one commercial or industrial use, one permanent identifying sign for the building, the area on one side of which shall not exceed 150 square feet, may be erected. In addition, for each commercial or industrial use located within that building, one sign, the area of which shall not exceed 50 square feet, may be attached to that portion of the building housing the use, provided that no such sign shall equal more than 20% of the total area of the wall to which it is attached; and
(8) Dynamic signs shall only be permitted as follows:
(a) Dynamic signs shall be permitted only in the C-1 and I-G Districts, as follows:
1. In excess of 100 feet from a residential district;
2. In place of two business identification signs otherwise permitted by this chapter or present as a pre-existing nonconformity; and
3. At 80% of the surface area of the otherwise permitted sign type.
(b) Dynamic signs shall not be illuminated in excess of zero foot-candles as measured at the property line.
(c) Dynamic signs shall be equipped with automatic day/night dimming software to reduce the illumination intensity from one hour after sunset to one hour prior to sunrise.
(d) Dynamic signs shall cease all illumination by the later of 11:00 p.m. or 30 minutes after business hours.
(e) The time interval used to change from one complete message, image or display to the next complete message, image or display shall be a maximum of one second.
(f) Dynamic sign messages, images or displays shall not change more than once every 15 seconds.
(g) Light level intensity and contrast shall remain constant throughout the sign face.
(Ord. passed 7-13-2015) Penalty, see § 154.999
§ 154.084 LOADING AREAS.
(A) Paved off-street loading and unloading spaces, with proper access from a street, common driveway or alley, shall be provided on any lot on which a building for trade or business is hereafter erected or substantially altered. All such areas for the loading and unloading of vehicles, and for the servicing of establishments or shops by refuse collection, fuel and other service vehicles, shall be of such size, design and arrangement that they may be used without blocking or otherwise interfering with the use of automobile accessways, parking facilities and pedestrian ways. All loading areas shall be paved. Loading areas shall not be located within required front yards.
(B) The number and size of loading spaces provided shall be appropriate for the use to be conducted on the premises. At least one loading space shall be provided for each use. When a zoning permit is applied for, the application for the permit shall show all provisions for off-street loading and include supporting data (data on number, frequency and size of vehicles which will use the loading facilities) which justify the number and size of spaces provided. Each required off-street loading and unloading space shall be at least 12 feet wide by 35 feet deep.
(Ord. passed 7-13-2015) Penalty, see § 154.999
§ 154.085 OFF-STREET PARKING.
(A) Off-street parking facilities shall be provided in the C-1 District whenever a new building is constructed and in all other districts whenever:
(1) A building is constructed or a new use established;
(2) The use of an existing building is changed to a use requiring more parking facilities; and
(3) An existing building is altered so as to increase the amount of parking space required.
(B) Each parking space shall have a minimum area of 200 square feet and minimum dimensions of ten feet by 20 feet. In addition, in industrial and commercial districts and in multiple-family developments, appropriate driveways, aisles and maneuvering space shall be provided to permit safe and convenient access to and use of the areas provided for parking purposes. Aisles shall be 12 feet wide for one-way traffic, 24 feet for two-way traffic. Proper access from a street, alley or other driveway shall be provided.
(C) Parking spaces for residential uses shall be located on the same lot as the use served and shall be located behind the street right-of-way line. Parking spaces for other uses shall be provided for on the same lot as the use being served or in parking facilities within 500 feet of the use, except in the case of a shopping center or similar grouping of buildings on a lot, in which case all parking areas shall be provided entirely within the lot lines of the property.
(D) Joint parking facilities for two or more uses may be established, provided that the number of spaces provided is not less than the sum of the spaces required for each individual use. Applicants may offer evidence that the peak demand for required parking of different types of uses (such as office, entertainment and places of worship) are sufficiently offset so as to allow for a reduction in the sum of parking spaces otherwise required. Reduced parking requirements for joint parking shall only continue in effect as long as such uses or their closely similar successor uses remain in operation, and shall be guaranteed by a legally binding agreement on file with the borough. If such agreement becomes legally ineffective, then all parking shall be provided as would otherwise be required by this chapter.
(E) Common parking areas (serving two or more structures, uses, and/or units) shall:
(1) Be designed or located so as not to require cars to back into public streets in order to leave the parking areas. All dead-end parking lots shall provide adequate areas into which cars parked in the end stalls of the lots may back up without encroaching onto a public street;
(2) Be located a minimum of ten feet from all structures and from the exterior lot lines of the development;
(3) Be located a minimum of ten feet from all street rights-of-way;
(4) Have entrance and exit ways a minimum width of ten feet for each lane of traffic entering or leaving the areas;
(5) Be designed to accommodate through traffic to other parking areas; and
(6) Be designed with entrances to and exits from common parking areas located a minimum of 40 feet from the point of intersection of the nearest street curb lines.
(F) (1) Parking lots shall include a perimeter landscaping buffer strip whenever any of the following is located on a lot whose side or rear lines abut or are across an alley from a residential district:
(a) Routine overnight parking of one or more tractor-trailer trucks;
(b) Loading docks; or
(c) A parking lot involving eight or more parking spaces.
(2) Such buffer strip shall not be required where the nonresidential building, loading dock or parking would not be visible from existing or approved dwellings.
(G) Parking lots of 20 or more spaces shall include landscaping of 10% of the total paved area for all common parking areas with a capacity of 20 or more vehicles. Such threshold may be met in part by perimeter landscaping.
(H) All parking spaces and means of access, other than those relating to a dwelling, shall be adequately illuminated during night hours of use. The illumination must be designed and located so that the light sources are shielded from adjoining properties and public and private streets consistent with the requirements of § 154.082.
(I) All parking areas shall be paved and shall be graded to provide convenient vehicular access and proper drainage. The maximum grade of the parking area shall not exceed 6%. Surface water shall not discharge onto public sidewalks or other premises.
(J) No areas necessary to fulfill the off-street parking requirements of this chapter shall be used for the sales, dead-storage, repair, dismantling or servicing of vehicles.
(K) Off-street parking facilities existing at the effective date of this zoning chapter shall not be subsequently reduced to an amount less than that required under this chapter for a similar new building.
(L) When the required number of parking spaces is computed and a fraction of a parking space results, any fraction below one-fourth may be disregarded and any fraction over one-fourth shall necessitate the provision of a full parking space.
(M) If a reduction in the required parking is permitted under this section, the Zoning Hearing Board may require as a condition of the relief that the lot include the reservation, permanently or for a specified number of years, of areas sufficient to otherwise meet the required number of spaces, if needed in the future.
(1) Such reservation shall be provided in a legal form acceptable to the Zoning Hearing Board such as a legally binding deed restriction and be officially filed with the borough.
(2) In such case, the applicant shall be required to submit site plans to the Zoning Officer showing where and how the additional parking could be accomplished. Such future parking areas shall not be covered by buildings and shall be attractively landscaped unless needed for parking.
(3) Such additional parking shall be required to be provided within one year after the Zoning Hearing Board may determine it to be necessary to meet actual demand. Such determination may be made by the Board based upon a filing with the Board by the Zoning Officer, based upon field analysis by the Zoning Officer.
(N) (1) Off-street parking requirements shall be as follows:
Use | Off-Street Parking Spaces Required |
Use | Off-Street Parking Spaces Required |
Auditorium, theater, municipal building, place of worship, club or lodge or other place of public assemblage | 1 space for every 3 seats |
Bowling alley | 5 parking spaces per alley |
Drive-in eating establishment (no indoor seating provided) | 1 space for each 1,000 square feet of lot area |
Elementary and junior high school | 1 space per employee |
Funeral home | At least 5 spaces for each parlor |
High schools | 1 space per employee and 1 space per 4 students |
Industrial, wholesaling or warehousing establishment | 2/3 space per employee on the combined employment of the two largest successive shifts |
Library or museum | 1 space per 300 square feet of gross floor area |
Medical, dental and paramedical offices and clinics | 5 spaces for each person engaged in practice |
Motel, hotel, tourist home or similar establishment | 1 space for each rental unit plus 1 space for each employee on the largest shift |
Motor vehicle service station, repair garage | 2 parking spaces per service bay |
Nursery schools | 1 space per employee plus 1 space for loading and unloading of children for each 5 children accommodated in the school |
Nursing home, convalescent home or retirement home | 1 space for each employee on the largest shift plus 1 space for each 4 beds |
Office buildings | 1 space for each 200 square feet of gross floor area |
Residential uses | 2 parking spaces per dwelling unit |
Restaurant, tavern or similar use | 1 space for each 4 seats plus 1 space for each employee on the largest shift |
Retail and service establishments | 1 space for each 200 square feet of gross floor area |
Skating rink, swimming pool, dance hall, indoor recreational establishment | 1 space per 50 square foot devoted to patron use |
(2) For any building or use not covered above, the Zoning Officer shall apply the standard for off-street parking spaces in the above schedule deemed to most closely approximate the proposed building or use.
(O) Handicapped parking shall be provided in accordance with state and federal requirements, including the Americans with Disabilities Act, being 42 U.S.C. §§ 12101 et seq.
(Ord. passed 7-13-2015) Penalty, see § 154.999
§ 154.086 PRIVATE RESIDENTIAL DRIVEWAYS.
(A) Private driveway entrances or exits into a street from a corner lot shall be located at least 40 feet from the intersection of any street lines.
(B) No driveway or driveway entrance or exit shall be less than ten feet in width.
(C) No driveway serving a single-family detached dwelling shall be located within five feet of any side lot line, except in the case of adjoining driveways.
(Ord. passed 7-13-2015) Penalty, see § 154.999
§ 154.087 FRONT YARD EXCEPTIONS.
When a new or expanded structure is proposed for a lot situated on a block where the average front yard dimension is less than those required for the zoning district in which the subject lot is located, the front yard required for the subject lot may be reduced to a depth equal to the average of the block.
(Ord. passed 7-13-2015) Penalty, see § 154.999
§ 154.088 OBSTRUCTIONS.
(A) On a corner lot, no wall, fence or other structure may be erected or altered and no hedge, tree, shrub or other growth shall be maintained which may cause danger to the drivers of vehicles on a public road by obscuring the drivers’ view.
(B) Clear sight-triangles shall be provided at all street intersections. Within such triangle, no object shall be permitted which obscures vision above the height of three feet and below ten feet, measured from the centerline grade of intersecting streets. Such triangles shall be established from a distance of 75 feet from the point of intersection of the centerlines of the intersecting streets.
(Ord. passed 7-13-2015) Penalty, see § 154.999
§ 154.089 HOME OCCUPATIONS REGULATIONS.
(A) At least 50% of the goods available for retail sale shall be produced in the dwelling unit.
(B) No storage of materials or products shall be permitted outside buildings.
(C) No display of products shall be visible from adjoining properties or streets.
(D) There shall be no outside advertising other than one one-sided or two-sided sign of no more than two square feet on each side.
(E) Not more than two persons, other than persons residing in the dwelling unit may be employed by the practitioner of the occupation to provide secretarial, clerical or other similar assistance, not including being the primary service provider.
(F) No noise, odor, dust, vibration, electromagnetic interference, smoke, heat or glare shall be perceptible at or beyond the lot lines.
(G) Such occupations shall be incidental or secondary to the use of the property as a residence and are limited to those occupations customarily conducted within a dwelling unit.
(H) Not more than the equivalent of 30% of the area of the first floor of the principal building may be used for the purposes of the home occupation.
(I) (1) For those occupations which serve patrons, one off-street parking space shall be provided for each 150 square feet of floor area devoted to patron use except in the case of dental, medical, or paramedical offices. Four off-street parking spaces shall be provided for each person engaged in dental, medical, or paramedical practice.
(2) These requirements for off-street parking shall be met in addition to the provision of off-street parking for residences as required by this chapter.
(Ord. passed 7-13-2015) Penalty, see § 154.999
§ 154.090 FENCES.
In all districts no fence, wall or hedge may be erected or planted within the right-of-way lines of any street, nor may they encroach upon any street right-of-way at any time.
(Ord. passed 7-13-2015) Penalty, see § 154.999
§ 154.091 CORNER LOT RESTRICTIONS.
On every corner lot, there shall be provided a yard, equal in depth to the front yard requirement of the particular zoning district in which the corner lot is located, on each side of the lot which is adjacent to a street.
(Ord. passed 7-13-2015) Penalty, see § 154.999
§ 154.092 RESIDENTIAL CONVERSION REGULATIONS.
A single-family detached dwelling may be converted into a dwelling for a greater number of families, where permitted as listed in Table 1, subject to the following requirements.
(A) Each dwelling unit shall not have less than 600 square feet of floor area.
(B) Two off-street parking spaces shall be provided for each dwelling unit.
(C) The lot area per family shall not be reduced to less than 3,000 square feet per family.
(D) The yard, height and lot coverage requirements for the district in which the dwelling is located shall be met.
(E) The Zoning Hearing Board shall specify the maximum number of families permitted to occupy such building, and may prescribe such further conditions and restrictions as the Board may consider appropriate.
(Ord. passed 7-13-2015) Penalty, see § 154.999
§ 154.093 FLOODWAY CONTROLS.
(A) Designation of area. Areas subject to floodway controls shall be those areas indicated as special flood hazard areas on the most recent Federal Emergency Management Agency flood insurance rate map and all present or future amendments, supplements or additions thereto.
(B) Uses permitted by right. Open areas or yards, subject to the restrictions of this chapter, provided that such open areas or yards shall not be used for on-lot sewage disposal systems.
(C) Uses permitted by special exception. Public or private recreational areas such as parks, picnic grounds and playgrounds, which shall not include enclosed structures except toilet facilities which are connected to public water and sewer systems, when permitted by the prevailing zoning district regulations and conducted in accordance with the regulations of the prevailing zoning district.
(D) Controls applicable to all areas subject to floodway controls.
(1) Not more than 5% of the area subject to floodway controls shall be covered with impervious surfaces.
(2) Adjacent stream neighbors shall not be unreasonably affected by any use of the floodplain areas.
(3) The cross-sectional profile of watercourses and floodplain areas shall not be substantially altered unless approved by the Borough Council and, where applicable, the appropriate state agencies.
(4) No outside storage of materials is permitted within floodplain areas.
(5) Fills shall not be located within floodplain areas unless permitted by the Borough Council.
(6) Fences or similar items which may impede, retard or change the direction of the flow of floodwaters, or that will catch or collect debris carried by floodwaters, or that are placed where the natural flow of the stream would carry the same downstream, are not permitted to be constructed.
(7) Any structure constructed shall be firmly anchored to prevent the structure from floating away during time of flooding.
(8) Where any excavation or grading is proposed or where any existing trees, shrubs or other vegetative cover are proposed to be removed, approval shall first be granted by the Borough Council.
(9) The public interest and general welfare of municipalities and residents in the same watershed shall not be adversely affected.
(10) If another statute, ordinance or regulation is applicable, the more stringent standard shall apply.
(E) Boundary disputes and appeals procedures.
(1) Should a dispute concerning the boundaries of those areas subject to floodway controls arise, an initial determination of the boundaries shall be made by the Zoning Officer, using the criterion listed in division (A) above.
(2) Any person aggrieved by this decision, claiming that the criterion listed in division (A) above is or has become incorrect because of changes due to natural or other causes, may appeal to the Zoning Hearing Board.
(3) The burden of proof shall be on the person appealing the decision of the Zoning Officer.
(4) If it is determined that the flood hazard boundary map is inaccurate regarding the land in question, the area subject to floodway controls shall be determined on the basis of a 100-year storm and all calculations shall be subject to the approval of the Borough Engineer.
(Ord. passed 7-13-2015) Penalty, see § 154.999
§ 154.094 ADULT BOOK STORES, ADULT MOTION PICTURE THEATERS, CABARETS AND MASSAGE PARLORS.
(A) Definitions for purposes of this section. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULT BOOK STORE. A commercial establishment, including a building or a portion thereof, having as a substantial or significant portion of its stock in trade, books, magazines, photographs or other materials which are distinguished or characterized by their emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas (as defined below), or an establishment with a segment or section devoted to the sale or display of such material.
ADULT MOTION PICTURE THEATER. A commercial building or establishment used in whole or in part for presenting motion pictures distinguished or characterized by an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas (as defined below), for observation by patrons therein.
CABARET. A club, restaurant, bar, tavern, theater, hall or similar commercial establishment which features male and/or female entertainers, including, but not limited to, topless or bottomless dancers, entertainers, strippers or employees, whose performance or activities include, even though not limited to, simulated sex acts, live or actual sex acts or other specified sexual activities (as defined below), and/or reveal or display specified anatomical areas (as defined below).
MASSAGE. Any method of pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating of the external parts of the human body with the hands or with the aid of any mechanical electrical apparatus or appliances with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointment or other such similar preparations commonly used in the practice of massage, under such circumstances that it is reasonably expected that the person to whom the treatment is provided or some third person on his or her behalf will pay money or give any other consideration or any gratuity therefor.
MASSAGE PARLOR. Any establishment having a source of income or compensation derived from the practice of massage and which has a fixed place of business where any person, firm, association or corporation engages in or carries on the practice of massage; provided, however, that this definition shall not be construed to include a hospital, nursing home, medical clinic or the office of a physician, surgeon, chiropractor, osteopath, massage therapist or physical therapist duly licensed by the commonwealth, nor barber shops or beauty salons in which massages are administered only to the scalp, face, neck or the shoulders. In addition, this definition shall not be construed to include a volunteer fire department, a volunteer rescue squad or a non-profit organization operating a community center, a swimming pool, tennis court or other educational, cultural, recreational or athletic facilities and facilities for the welfare of the residents of the area.
SPECIFIED SEXUAL ACTIVITIES.
(a) Human genitals in a state of sexual stimulation or arousal;
(b) Acts of human masturbation, sexual intercourse or sodomy; and
(c) Fondling or other erotic touching of human genitals, pubic region, buttocks or female breast.
SPECIFIED ANATOMICAL AREAS.
(a) Less than completely or opaquely covered human genitals, pubic region, buttocks or female breast below a point immediately above the top of the areola; or
(b) Human male genitals in a discernibly turgid state, even if completely or opaquely covered.
(B) Prohibition in residential and commercial zones. It shall be unlawful to establish an adult book store, an adult motion picture theater, a cabaret or massage parlor in any district other than the I-1 Industrial District as hereinafter qualified.
(C) One thousand feet separation requirement. It shall be unlawful to establish an adult book store, an adult motion picture theater, a cabaret or a massage parlor within 1,000 lineal feet of any other adult book store, adult motion picture theater, cabaret, massage parlor or game room.
(D) Allowance of special exception.
(1) It shall be unlawful to establish an adult book store, an adult motion picture theater, a cabaret or a massage parlor within 500 feet of any school, church, playground, any other area designated as a recreational area or a residential area, except as a special exception in accordance with the procedure set forth in §§ 154.150 through 154.154.
(2) The Zoning Hearing Board may authorize the establishment of an adult book store, an adult motion picture theater, a cabaret or a massage parlor within 500 feet of a school, church, playground, any other area designated as a recreational area or any other adult book store, adult motion picture theater, cabaret, massage parlor, or game room as a special exception only if the following findings are made by the Zoning Hearing Board:
(a) The applicant has presented to the Zoning Hearing Board a petition which indicates approval of the proposed use by 51% of the persons owning, residing or doing business within a radius of 500 feet of the location of the proposed use. The applicant shall have attempted to contact all eligible locations within this radius and must supply a list of all addresses at which no contact was made. The circulator of the petition shall subscribe to an affidavit attesting to the fact that the circulator personally witnessed the signatures on the petition and that the same were affixed to the petition by the persons whose names appear thereon;
(b) The proposed use will not adversely affect the safe and comfortable enjoyment of properties in the neighborhood and will not be detrimental to the general character of the area;
(c) The establishment of the proposed use in the area will not be contrary to any program of neighborhood conservation and will not interfere with any program of urban renewal;
(e) All other applicable regulations of this chapter will be observed.
(Ord. passed 7-13-2015) Penalty, see § 154.999
§ 154.095 ENVIRONMENTAL PERFORMANCE STANDARDS.
(A) Borough Council may require safeguards to assure compliance with the following standards.
(B) Upon borough request, the owner shall furnish or obtain proof at his or her own expense that he or she is in compliance with these standards.
(1) Minimized impact on adjacent properties. All uses shall be planned and designed to minimize and reduce light, noise and odor emissions onto adjacent properties. Where feasible, as determined by Borough Council or the Zoning Officer, buffer yards and landscaping enhancements shall be established around the perimeter of the property. See sections below for more specific standards.
(2) Air management.
(a) Open burning is prohibited, with the exception of controlled burning in residential grills, chimineas™ or masonry enclosures with an area of 16 square feet or less, and only in a residential district.
(b) No gases, vapors or particulates shall be emitted from the facility which are harmful to persons, property, animals or vegetation beyond the lot lines of the lot on which such gases, vapors or particulates originate.
(c) No radioactive vapors or gases shall be emitted from the facility in amounts which are harmful.
(d) No odors causing annoyance or discomfort to the public shall be detectable beyond the lot lines of the lot on which such odors originate.
(e) The emission of any smoke at a density greater than No. 1 of the Ringlemann Smoke Chart as published by the U.S. Bureau of Mines shall not be permitted, except that smoke of a density of No. 2 may be emitted for not more than four minutes in any 30-minute period. This standard shall not be applied to emissions where the presence of uncombined water is the only reason for the failure of the emission to meet the opacity limits. (Uncombined water produces a white “smoke” which vanishes a short distance from the stack.)
(3) Wastewater management.
(a) Effluent must meet federal, state and borough standards as listed.
(b) Discharge of potentially dangerous effluent from plant operations prohibited.
(4) Solids waste management. No permanent storage of waste materials on the lot shall be permitted. All waste materials awaiting transport shall be concealed from view from all adjacent properties.
(5) Noise and vibration.
(a) Noise limits at lot lines shall be as follows:
Permissible Noise Limits in dbA | |||
Between 10:00 p.m. and 7:00 a.m. | Between 7:00 a.m. and 10:00 p.m. | ||
At lot line adjacent to land zoned residential | 90% of time must be less than: | 60 | 70 |
Maximum: | 70 | 80 | |
At lot line adjacent to land zoned industrial or commercial | 90% of the time must be less than: | 65 | 75 |
Maximum: | 75 | 85 | |
(b) No physical vibration shall be perceptible without use of instrument at or beyond the lot lines.
(6) Visual.
(a) No lighting shall be utilized in a manner which produces glare perceptible at or beyond the lot lines
(b) No advertising displays shall be utilized in a manner which produces periodic flashing or other intensity changes beyond the lot lines.
(7) Heat. Any operation producing heat shall be conducted in such a manner as to prevent any effect from the heat beyond the lot lines of the lot on which the operation is located.
(8) Electromagnetic. No electromagnetic radiation shall be radiated that does not comply with the regulation of the Federal Communication Commission or which interferes with radio or television reception or the operation of other equipment.
(9) Compliance with other regulations. Regulations of all authorities having jurisdiction shall be complied with, including, but not limited to following:
(a) Pennsylvania Department of Environmental Protection; and
(b) International Building Code as adopted by the borough.
(10) Safety. The applicant shall demonstrate that the use will not create significant public safety hazards, including fire, toxic or explosive hazards.
(Ord. passed 7-13-2015) Penalty, see § 154.999
§ 154.096 TRASH SCREENING AND SECURITY.
Exterior storage areas for trash and rubbish shall be completely screened from view on three sides and all trash and rubbish shall be contained in air-tight, vermin-proof containers.
(Ord. passed 7-13-2015) Penalty, see § 154.999
§ 154.097 TRAFFIC.
(A) The applicant shall demonstrate that the use will not result in traffic hazards or significantly add to traffic hazards, including obstruction of required clear sight triangles, blocking of streets, or vehicular ingress and egress points which endanger users of streets and/or sidewalks.
(B) Borough Council may require as a condition of approval that the applicant demonstrate through traffic studies using methodology approved by the Borough Engineer that the use will not create traffic congestion which will cause degradation of the level of service at nearby intersections. See § 153.132 of this code of ordinances.
(Ord. passed 7-13-2015) Penalty, see § 154.999
§ 154.098 PERFORMANCE STANDARDS FOR CONDITIONAL USES.
(A) Code compliance. All uses shall comply with the minimum building code requirements, as specified by the borough and by the State Department of Labor and Industry. Prior to the issuance of a use and occupancy permit for the proposed use, the applicant shall provide evidence to the borough that all plans and permits have been approved by all federal, state and local agencies having jurisdiction.
(B) Expansion projects. All proposed facility expansion projects, external structural development projects, and/or land development projects must comply with the following criteria.
(1) Unless otherwise permitted as part of a conditional use application, all proposed expansion projects must comply with the maximum building and lot coverage requirements of the underlying zoning district.
(2) As part of the conditional use application, the Borough Council may consider an increase in the maximum building and lot coverage requirements, provided that the applicant demonstrates that:
(a) There will be no adverse effects to adjacent property owners;
(b) The stormwater management and erosion control facilities are sufficient to accommodate any increase in impervious surfaces; and
(c) Additional landscaping features are integrated into the overall design as required by Borough Council to mitigate any adverse impacts.
(C) Off-street parking and loading space requirements. Unless otherwise directed by the Borough Council in a decision on an application for conditional use approval, all individual uses considering adaptive reuse shall be subject to off-street parking and loading requirements specified under §§ 154.075 through 154.100. Under no circumstances, however, shall any conditional use application be approved under this section where the applicant for a commercial use has not demonstrated the availability of a sufficient number of off-street parking spaces for the maximum number of employees who will be on the premises at any one time, and where the applicant for a residential use has not demonstrated the availability of sufficient off-street parking to accommodate the number of dwelling units proposed. All off-street parking shall be provided in the side or rear yard of the structure, or parking on another property within safe walking distance shall be demonstrated.
(D) Modification of design and dimensional provisions. The design and dimensional provisions pertaining to landscaping, buffer yards, exterior lighting, internal access drives, off-street parking, off-street loading, and stormwater management, as further specified in §§ 154.075 through 154.100 and in the subdivision and land development ordinance (Chapter 153 of this code of ordinances), may be modified as part of a conditional use application submitted to Borough Council, except as set forth in division (A) above. As part of the conditional use application, the applicant must demonstrate the following: that there will be no adverse effects to adjacent property owners; that the standard design and dimensional provisions cannot be applied based on upon the existing site conditions; and that the proposal is consistent with the goals and objectives of the Weis Street Overly District. Borough Council, in its decision on a conditional use application, may attach reasonable conditions and safeguards.
(E) Division of internal building or structure. All projects considering adaptive reuse which involve the division of the internal building or structural space of an existing building shall be subject to all pertinent requirements for subdivision and land development, as set forth in the borough subdivision and land development ordinance (Chapter 153 of this code of ordinances). The perimeter of all divided areas or subcomponents of the principal building shall be described by bearings and distances. All such applications may be permitted as part of a conditional use application, which shall be subject to the review and approval of Borough Council. All such conditional use applications shall only be considered for approval if consistent with the goals and objectives of the Weis Street Overlay District.
(F) Existing principal building. The divided or subcomponents of an existing principal building may be either owned by fee simple deed or leased as a condominium. All deeds or lease agreements shall contain a description of the occupied area, by bearing and distances, the existing and proposed facility improvements, a maintenance agreement, a list of restrictive covenants, and all other relevant documentation required by the Borough Solicitor and/or Borough Engineer. Any deed or lease agreement shall be subject to the approval of the Borough Council, and shall be recorded with the office of the Recorder of Deeds of the county.
(G) Utilities. All individual uses shall be required to have separate sanitary sewer connections, water supply connections and all other utilities servicing the property. All utility connections shall be installed in accordance with all specifications adopted by the borough, the borough’s municipal authority and/or the public utility company providing service to the use.
(H) Hours of operation. Entities in the Weis Street Overlay District shall not open for business prior to 5:00 a.m., prevailing time, and shall not operate after 11:00 p.m., prevailing time. Borough Council may set additional or greater restrictions on hours of operation as a part of the decision on the conditional use.
(Ord. passed 7-13-2015) Penalty, see § 154.999
§ 154.099 PRINCIPAL SOLAR ENERGY SYSTEM REGULATIONS.
(A) Generally. A principal solar energy system as defined is allowed via special exception where listed on Table 1 subject to the requirements of this chapter.
(B) Acreage. A principal solar energy system shall occupy less than one acre.
(C) Height and setback. For purposes of determining compliance with lot coverage standards of the underlying zone, the total surface area of all ground-mounted and freestanding solar collectors including solar photovoltaic cells, panels, arrays, and solar hot air or water collector devices shall be considered impervious. Panels mounted on the roof of any building shall be subject to the maximum height regulations specified within each the underlying zone.
(D) On-site utility and transmission lines. All on-site utility and transmission lines shall, to the extent feasible, be placed underground.
(E) Large solar energy production facilities. All large solar energy production facilities shall be designed and located in order to prevent reflective glare toward any inhabited buildings on adjacent properties as well as adjacent street rights-of-way.
(F) Warning sign. A clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations.
(G) Attached to a building. Whenever practical, all principal solar energy systems should be attached to a building; or if ground mounted and/or freestanding, the applicant shall demonstrate by credible evidence that such facilities cannot feasibly be attached to a building due to structural limitations of the building.
(H) Mechanical equipment. All mechanical equipment of principal solar energy systems including any structure for batteries or storage cells, shall be completely enclosed by a minimum eight-foot high fence with a self-locking gate, and provided with screening in accordance with the landscaping provisions of the borough subdivision and land development ordinance.
(I) Ceasing operation. If the applicant ceases operation of the energy project or begins, but does not complete, construction of the project, the applicant shall restore the site according to a plan approved by the borough. A principal solar energy system owner is required to notify the borough immediately upon cessation or abandonment of the operation. The owner shall be responsible for the removal of the facility within six months from the date the applicant ceases use of the facility or the facility becomes obsolete. The owner shall then have 12 months in which to dismantle and remove the principal solar energy system from the property. At the time of issuance of the permit for the construction of the system, the owner shall provide financial security in form and amount acceptable to the borough to secure the expense of dismantling and removing said structures.
(Ord. passed 7-13-2015) Penalty, see § 154.999
§ 154.100 PRINCIPAL WIND ENERGY FACILITY REGULATIONS.
(A) Defined. A principal wind energy facility as defined is allowed via special exception where listed on Table 1 subject to the requirements of this chapter.
(B) Requirements. A principal wind energy facility shall meet the requirements of an accessory wind energy facility in addition to the regulations described in this section.
(C) Land development plan requirements.
(1) The land development plan shall demonstrate that the proposed wind energy facility will comply with this section and the Pennsylvania Uniform Construction Code, Act 45 of 1999 as amended, and the regulations adopted by the Department of Labor and Industry.
(2) The land development plan, in addition to the other requirements of the borough’s subdivision and land development ordinance (Chapter 153 of this code of ordinances) shall contain the following:
(a) A narrative describing the proposed wind energy facility, including an overview of the project; the project location; the approximate generating capacity of the wind energy facility; the approximate number, representative types and height or range of heights of wind turbines to be constructed, including their generating capacity, dimensions and respective manufacturers, and a description of ancillary facilities;
(b) An affidavit or similar evidence of agreement between the property owner and the facility owner or operator demonstrating that the facility owner or operator has the permission of the property owner to apply for necessary permits for construction and operation of the wind energy facility; and
(c) Identification of the properties on which the proposed wind energy facility will be located, and the properties adjacent to where the wind energy facility will be located.
(D) Warnings.
(1) A clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations.
(2) Visible, reflective, colored objects, such as flags, reflectors or tape shall be placed on the anchor points of guy wires and along the guy wires up to a height of ten feet from the ground.
(E) Setbacks.
(1) Wind turbines shall be set back from the nearest occupied building a distance not less than the greater of the maximum setback requirements for that zoning classification where the turbine is located* or 1.1 times the turbine height, whichever is greater. The setback distance shall be measured from the center of the wind turbine base to the nearest point on the foundation of the occupied building.
(2) Wind turbines shall be set back from the nearest occupied building located on a non-participating landowner’s property a distance of not less than five times the hub height, as measured from the center of the wind turbine base to the nearest point on the foundation of the occupied building.
(3) Wind turbines shall be set back from the nearest property line a distance of not less than the greater of the maximum setback requirements for that zoning classification where the turbine is located* or 1.1 times the turbine height, whichever is greater. The setback distance shall be measured to the center of the wind turbine base.
(4) Wind turbines shall be set back from the nearest public road a distance of not less than 1.1 times the turbine height, as measured from the right-of-way line of the nearest public road to the center of the wind turbine base.
(F) Noise and shadow flicker.
(1) Audible sound from a wind energy facility shall not exceed fifty (55) dBA, as measured at the exterior of any occupied building on a non-participating landowner’s property. Methods for measuring and reporting acoustic emissions from wind turbines and the wind energy facility shall be equal to or exceed the minimum standards for precision described in AWEA Standard 2.1 - 1989 titled Procedures for the Measurement and Reporting of Acoustic Emissions from Wind Turbine Generation Systems Volume I: First Tier.
(2) The facility owner and operator shall make reasonable efforts to minimize shadow flicker to any occupied building on a non-participating landowner’s property.
(G) Signal interference. The applicant shall make reasonable efforts to avoid any disruption or loss of radio, telephone, television or similar signals, and shall mitigate any harm caused by the wind energy facility.
(H) Decommissioning.
(1) The facility owner and operator shall, at its expense, complete decommissioning of the wind energy facility, or individual wind turbines, within 12 months after the end of the useful life of the facility or individual wind turbines. The wind energy facility or individual wind turbines will presume to be at the end of its useful life if no electricity is generated for a continuous period of 12 months.
(2) Decommissioning shall include removal of wind turbines, buildings, cabling, electrical components, roads, foundations to a depth of 36 inches, and any other associated facilities.
(3) Disturbed earth shall be graded and re-seeded, unless the landowner requests in writing that the access roads or other land surface areas not be restored.
(4) An independent and certified professional engineer shall be retained to estimate the total cost of decommissioning (“decommissioning costs”) without regard to salvage value of the equipment, and the cost of decommissioning net salvage value of the equipment (“net decommissioning costs”). Said estimates shall be submitted to the borough after the first year of operation and every fifth year thereafter.
(5) The facility owner or operator shall post and maintain decommissioning funds in an amount equal to net decommissioning costs; provided, that at no point shall decommissioning funds be less than 25% of decommissioning costs. The decommissioning funds shall be posted and maintained with a bonding company or federal or commonwealth chartered lending institution chosen by the facility owner or operator and participating landowner posting the financial security, provided that the bonding company or lending institution is authorized to conduct such business within the commonwealth and is approved by the borough.
(6) Decommissioning funds may be in the form of a performance bond, surety bond, letter of credit, corporate guarantee or other form of financial assurance as may be acceptable to the borough.
(7) If the facility owner or operator fails to complete decommissioning within the period prescribed by division (H)(1) above, then the landowner shall have six months to complete decommissioning.
(8) If neither the facility owner or operator, nor the landowner complete decommissioning within the periods prescribed by divisions (H)(1) and (H)(7) above, then the borough may take such measures as necessary to complete decommissioning. The entry into and submission of evidence of a participating landowner agreement to the borough shall constitute agreement and consent of the parties to the agreement, their respective heirs, successors and assigns that the borough may take such action as necessary to implement the decommissioning plan.
(9) The escrow agent shall release the decommissioning funds when the facility owner or operator has demonstrated and the borough concurs that decommissioning has been satisfactorily completed, or upon written approval of the borough in order to implement the decommissioning plan:
(a) A site plan showing the planned location of each wind turbine, property lines, setback lines, access road and turnout locations, substation(s), electrical cabling from the wind energy facility to the substation(s), ancillary equipment, buildings and structures, including permanent meteorological towers, associated transmission lines, and layout of all structures within the geographical boundaries of any applicable setback;
(b) Documents related to decommissioning, including a schedule for the decommissioning and financing security; and
(c) Other relevant studies, reports, certifications and approvals as may be reasonably requested by the borough to ensure compliance with this section.
(Ord. passed 7-13-2015) Penalty, see § 154.999