Except as provided in this chapter, no building or structure shall be erected, enlarged, altered, changed or otherwise modified, on a lot unless such building, structure or modification conforms to the height, bulk, area and density regulations of the zone in which it is located.

The conditions, standards, requirements and notes set forth in each district and otherwise prescribed by this chapter are established as the basic height, bulk, area and density regulations for the Borough.

Height exceptions. In all districts, spires, church steeples, chimneys, cooling towers, elevator bulkheads, fire towers, scenery lofts, transmission lines or towers and distribution poles and lines, and essential mechanical appurtenances may be erected to any height not prohibited by other laws or ordinances. Standard television antenna and similar appurtenances shall not exceed the maximum building height in the district in which it is located by more than 10 feet. This exception does not extend to communications towers and antenna.

Front setback exception.

Projections into required setbacks.

Yard, building setbacks, and open space exceptions. No yard, open space or lot area required for a building or structure shall, during its life, be occupied by or counted as open space for any other building or structure.

Streets. On any street, a wall, fence, sign, structure, display of merchandise or any plant growth which obstructs sight lines at elevations between 2.5 feet and eight feet above the crown of the adjacent roadway shall not be placed or maintained within a clear vision triangle of the area of the lot 20 feet along the property line from the street right-of-way at intersections or from the edge of paving.

Curb cuts, alleys and driveways. At curb cuts, lanes and driveways, any wall, fence, sign, structure, display of merchandise or any plant growth which obstructs sight lines at elevations between 2.5 feet and eight feet above the crown of the adjacent roadway shall not be placed or maintained within a clear vision triangle of the area of the lot 10 feet along the property line from the street right-of-way at intersections or from the edge of paving.

Structures on a lot. In a residential district, only one principal building and its accessory structures may be located on a lot unless development is approved as a planned unit development or as a group housing development.

Permanent outdoor display of goods. For nonresidential uses in nonresidential zones, a permanent outdoor display of goods shall conform to the required building setback. No display shall be permitted within a clear vision triangle.

Temporary outdoor display of goods. For nonresidential uses in nonresidential zones, temporary outdoor display of merchandise may encroach 10 feet on the required building setback. No display shall be permitted within a clear vision triangle or within parking spaces necessary to meet the parking requirement.

Off-street parking shall be provided for all uses of land, structures, and buildings as well as for any expansion or change of such uses in accordance with the requirements of this article.

Off-street loading space shall be provided for all commercial and industrial uses as well as for any expansion of such uses or change in use requiring the regular delivery or shipping of goods, merchandise or equipment to the site by trucks, in accordance with the requirements of this article.

In lieu of actual construction of required on-site parking spaces, all or any portion of the off-street parking required in this article may be provided by satellite parking. Required parking for use(s) on a zoning lot may be located on another zoning lot, either by itself or combined with parking for other uses, subject to certification by the Borough Council if following requirements have been met:

Required parking areas shall be available for the parking of operable vehicles of residents, customers, and employees, and shall not be used for the storage of vehicles or materials, or for the parking of vehicles used for loading or unloading, or in conducting the use.

Required loading space shall be available for the loading and unloading of vehicles, and shall not be used for the storage of vehicles or materials, or to meet off-street parking requirements, or in conducting the use.

All parking spaces and vehicle accommodation areas shall be surfaced with asphalt, concrete, stone or bricks which shall be maintained in a safe, sanitary, and neat condition.

Except for single-family and two-family dwellings or for attendant parking, each parking space shall be arranged so that any vehicle may be parked and removed without moving another vehicle.

Except for single-family and two-family dwellings, parking spaces shall be provided with adequate aisles or turnaround areas so that all vehicles may enter adjacent streets in a forward manner.

No parking area or vehicle accommodation area shall be located within a street right-of-way.

Parked vehicles in off-street parking spaces shall be prevented from intruding on travel lanes, walkways, public streets, sidewalks or adjacent properties by means of walls, curbs, wheel stops, or other appropriate means.

No stacking lane required for vehicles awaiting service shall be located such that it creates interference with the use of the abutting street(s) or with travel lanes or aisles of the vehicle accommodation area.

The size of vehicle accommodation areas shall be provided so that parking and backing up can be accomplished in one continuous maneuver.

Parking facilities shall be designed to connect with similar facilities on adjacent zoning lots, where appropriate, to eliminate the need to use abutting street(s) for cross movements.

Curbed islands shall be required at the ends of and between parking aisles for traffic control and drainage control for all new nonresidential development in excess of 10,000 gross square feet.

Except for single-family dwellings and two-family dwellings, all parking spaces shall be delineated with painted lines.

Parking lots shall be sloped not less than 1/2% nor more than 6% toward a storm drain if the lot is paved. When the slope extends downhill from the edge of a parking lot, the edge shall be protected by a curb or stop bar. Stormwater on a paved lot shall be collected in the lot and directed to a storm inlet or a recognized drainageway or watercourse.

Parking lots shall be set back from side and rear property lines at least two feet, and from front lot lines at least five feet.

Where a parking lot designed for more than eight vehicles abuts residential properties, the parking lot shall be screened along the common property line by a hedge, fence or wall of not less than four feet in height. In lieu of the hedge, fence or wall screen, the Borough Council may approve a natural change in grade along property lines as the required screening.

Parking lot surface standards.

Single-family dwellings and two-family dwellings shall be exempt from the requirements of this section.

All required handicapped spaces shall be constructed in compliance with the UCC.

Off-street parking spaces required for all land uses identified in this chapter are included in Table 290-127A, Off-Street Parking Requirements.

When calculating the number of required off-street parking spaces, fractions shall be rounded up to the nearest whole number.

For purposes of this section, the number of employees shall be the number of persons employed on the largest shift.

In the case of a land use classification not listed in Table 290-127A, the minimum parking space requirement shall be determined by the Borough Council. In making such determinations, the Borough Council shall be guided by the requirements for similar uses, the number and kind of vehicles likely to be attracted to the use, and studies of minimum parking space requirements for such use in other jurisdictions.

A reduction of up to 20% of the minimum number of required parking spaces may be permitted through the granting of a variance by the Zoning Hearing Board if, based on substantial evidence in the record of its proceedings, the Board finds that compliance with the full minimum off-street parking space requirements of this section would not be warranted for the particular use(s) and site.

An off-street parking space shall include a rectangular area with a length of 20 feet and a width of nine feet, exclusive of access drives, aisles, ramps, columns or outdoor work areas. Such space shall have a minimum vertical clearance of eight feet.

A motorcycle parking space shall include a rectangular area with a length of eight feet and a width of four feet. Such space shall have a minimum vertical clearance of eight feet.

Parking aisles between parking spaces shall be required to comply with the standards contained in Table 290-127B, Dimensions and Angles of Parking Spaces.

Uses and buildings with a gross floor area of 5,000 square feet or more shall provide off-street loading spaces in accordance with Table 290-127C, Required Loading Spaces,; provided that loading spaces shall not be required for uses which do not receive or transmit goods or wares by truck delivery.

The loading and unloading area must be of sufficient size to accommodate the numbers and types of vehicles that are likely to use this area given the nature of the development.

All loading spaces and associated vehicle accommodation areas shall meet the following minimum design requirements:

Off-street loading space requirements. The number of off-street loading spaces required by this section shall be considered as the minimum and the number of spaces specified in Table 290-127C shall be provided.

A parking lot used only for occasional use. Occasional use is a use that occurs on two or fewer days per week.

When a proposed development is temporary in nature, the Borough Council may exempt the development from the paved parking requirements of § 290-120. The duration of the exception shall not exceed six calendar months and shall be included as a condition of the approved zoning permit.

Whenever there exists a lot with one or more buildings on it, constructed before the effective date of this chapter, and a change in use that does not involve any enlargement of a building is proposed for such lot, and the parking requirements that would be applicable as a result of the proposed change cannot be satisfied on such lot because there is not sufficient area available on the lot that can practically be used for parking, then the developer need only comply with the requirements to the extent that parking space is practically available on the lot where the development is located.

The minimum number of spaces required may be adjusted by the Borough Council when it has been determined that the reductions are necessary to preserve a healthy tree or trees with a twelve-inch or greater diameter from being damaged or removed, and where the site plan provides for the retention of said tree or trees.

General provisions.

Design standards for interior landscaping for all new nonresidential developments.

No trees of any type shall be permitted within a sewer line right-of-way in the Borough. Furthermore, once a sewer line right-of-way has been cleared of roots and other intrusion caused by previously planted trees and landscaping, it shall be the responsibility of the property owner to pay for any future corrective action required by the Borough to preserve the integrity of the sewer line.

No structures shall be constructed within the sewer line right-of-way.

Grass, flower gardens, bushes with a height of no greater than three feet, and fences with a height of no greater than three feet may be placed within the sewer line right-of-way. The property owner shall be responsible for any costs associated with the removal of such items should the need for removal become necessary as determined by the Borough.

All vegetation planted within a sewer line right-of-way, with the exception of grass, shall be maintained a distance of at least 10 feet away from manholes and lampholes.

No manhole, lamphole or discharge pipe shall be intentionally covered with any material, including but not limited to grass, leaves, branches, dirt, gravel, asphalt or concrete. The property owner shall be responsible for the cost of removal of these items.

It is unlawful for any person to erect, construct, enlarge, alter, move, or convert any sign in the Borough or cause the same to be done, without first obtaining a zoning permit for each sign.

Applications for a sign permit shall be made, in writing, to the Borough Council, and shall be accompanied by such information as may be required to assure compliance with these regulations and all other appropriate ordinances and regulations of the Borough.

Sign permits shall be issued for the life of the sign, or any shorter period as stated on the approved permit application. However, any permit may be revoked at any time by the Borough Council upon finding that the sign violates any provision of this article or that the permittee made false representations in securing the permit.

No person shall erect, construct, or maintain any sign upon any property, structure or building without the prior written consent of the owner or person entitled to possession of the property, structure or building, or his authorized representative. The written consent must accompany the sign permit application.

Every sign permit issued shall become null and void if installation is not commenced within 180 days from the date of such permit.

Signs or decorations displayed for recognized holidays.

Memorial plaques or historic markers or other similar signs which are engraved or a permanent component of a building, monument, tombstone or other similar structure.

Public information signs.

Street number signs indicating the address of a building or structure, and not exceeding one square foot in area.

Temporary signs, provided that a temporary sign shall be displayed for a period not to exceed 30 days per calendar year.

Signs erected by the Borough or PennDOT.

Signs located within or extending into any Borough right-of-way unless placed by a government entity.

Signs affixed to trees, utility poles, fences, or equipment.

Roof signs.

Signs illuminated by a flashing, pulsating, or intermittent source.

Signs with moving parts.

Signs illuminated by strings of bare bulbs or lighted in such a manner as to cause glare on adjacent streets or properties.

Signs that obstruct sight within a clear vision triangle.

Signs that are confusing to motorists.

Any sign determined to be unsafe or insecure or that is erected in violation of the provisions of this chapter.

Pole signs.

Signs in R-1, R-2, R-3, MHP, PRD, CF and CON Districts shall be subject to the time, place and manner regulations found in Table 17A.[1]

Signs in NC districts shall be subject to the time, place and manner regulations found in Table 17B.[2]

Signs in IN districts shall be subject to the time, place and manner regulations found in Table 17C.[3]

In addition to the regulations in Tables 17A, 17B and 17C,[4] all freestanding signs, except for temporary signs, shall comply with the following limitations and requirements:

Normal maintenance of a nonconforming sign may occur, including any necessary repairs and alterations that do not enlarge, extend, or intensify the nonconformity.

No structural alteration, enlargement, or extension shall be made of a nonconforming sign except when the alteration will eliminate the nonconforming condition.

No conforming sign shall be erected on the same premises as an existing nonconforming sign until the nonconforming sign has been removed or changed to a conforming sign. However, for multioccupant land uses, the fact that one particular establishment therein has a nonconforming sign will not prohibit a different establishment therein from erecting a conforming sign on the same premises.

A nonconforming sign shall be made to conform to the requirements of this article whenever there is a change in the use of the building which the sign serves, or whenever the building or structure which the sign serves is externally expanded or remodeled.

Whenever the use of a nonconforming sign, or the use which the sign serves, has been discontinued for a period of 90 days, or whenever it is evident that there is a clear intent on the part of the owner to abandon the use of a nonconforming sign, or the use which the sign serves, then the sign thereafter shall be made to conform with the provisions of this article or removed by the Borough at the expense of the owner.

If a nonconforming sign is damaged or destroyed by any means to the extent of 50% or more of its replacement value at the time of the damage or destruction (based on prevailing costs), then the sign thereafter shall be restored to conform to the provisions of this article. However, if the damage or destruction is less than 50% of the replacement value, then the sign may thereafter be restored to its original condition, so long as restoration or repair of the sign is completed within 90 days after the date of damage or destruction. The repaired or reconstructed sign shall be made to conform to the UCC in force at the time of the repair or reconstruction.

It is recognized that there may exist within the districts established by this chapter and subsequent amendments, lots, structures, signs, and uses of land and structures which were lawful before this chapter was passed or amended which would be prohibited, regulated or restricted under the terms of this chapter or future amendments. In many cases, such uses are declared by this chapter to be incompatible with permitted uses in the districts involved.

Nothing in this chapter shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this chapter and upon which actual building construction has been diligently conducted.

The minimum front setback shall conform to the clearly prevailing setback pattern of developed lots within the same block fronting the same street. When an unimproved lot is situated between two lots with existing principal buildings that each have front yard setbacks less than the setback required in that district, then the front yard setback may be reduced to a depth equal to the average of the two adjacent lots, provided that in no case shall a front yard be reduced by more than 50% of the required front yard for that district.

No side setback shall be less than five feet in any event, unless provided for in this chapter.

Enlargement, repair, alteration. A nonconforming structure may be enlarged, maintained, repaired, or structurally altered, provided no such enlargement, maintenance, repair, or structural alteration shall create any additional nonconformity or increase the degree of the existing nonconformity of such structure.

Reconstruction. In the event a nonconforming structure is destroyed by any means to an extent of less than 60% of its replacement costs, exclusive of the foundation, the structure may be reconstructed on the same foundation, provided the reconstruction is begun within 365 days of the date it was destroyed.

Relocation. Should a nonconforming structure be moved for any distance for any reason, it shall thereafter conform to the regulations for the district in which it is located after it is moved.

Enlargement. No structure that is devoted in whole or in part to a nonconforming use shall be enlarged or added to in any manner, unless the structure and the use shall thereafter conform to the regulations for the district in which they are located.

Ordinary repair and maintenance. Ordinary maintenance and repairs, or repair or replacement of nonbearing walls, fixtures, wiring, or plumbing, shall be permitted, provided these actions shall not be deemed to authorize any violation of the other parts of this section. Nothing in this chapter shall be deemed to prevent the strengthening of a structure, or the restoration of a structure to a safe condition except for a damaged or destroyed structure subject to provisions of § 290-151B of this article, in accordance with an order of the Code Enforcement Officer.

Structural alteration. No structural alteration shall be made unless the entire structure and the use shall thereafter conform to the regulations for the district in which they are located. However, nothing in this chapter shall be construed to prevent owners of nonconforming residential structures the right to perform structural alterations which do not increase the number of dwelling units within the nonconforming residential structure or enlarge its exterior dimension.

Damage or destruction. In the event a structure that is devoted in whole or in part to a nonconforming use is damaged or destroyed by any means to an extent of less than 60% of its replacement costs of the entire structure, exclusive of foundation, it shall be reconstructed only in conformity with the regulations for the district in which they are located. Moreover, no repairs or restoration shall be permitted unless a building permit is obtained and restoration actually begun within 365 days of the date of such partial destruction and is diligently pursued to completion.

Moving. Should a nonconforming use of land or structure be moved, in whole or in part, for any reason for any distance, it shall thereafter conform to the regulations for the district in which it is located after being moved.

Change. A nonconforming use shall not be changed to any use other than the same use or a use permitted in the district in which the land is located. When a nonconforming use has been changed to a permitted use, it shall not thereafter be changed to a nonconforming use.

Discontinuance. A nonconforming use which is hereafter discontinued for any reason, and remains such for a continuous period of one year, shall not thereafter be reestablished. Such location shall thereafter be occupied by a use which conforms to the regulations for the district in which it is located.

Nonconforming accessory use. A nonconforming accessory use shall not continue to remain after the principal use to which it is accessory has been destroyed, relocated, or abandoned.

The date of construction of the building or structure, or the date the use was established.

The continuous operation of the nonconforming use; and

Such other proof as may be deemed necessary by the Code Enforcement Officer to verify legal, nonconforming status.

A permit from the Borough is required for any earth movement and/or grading (excavating and/or filling) in excess of 25 cubic yards. Applications for such permits shall be made using forms established by the Borough and upon payment of fees adopted by resolution. Additionally, evidence of permit approval(s) required by all other agencies having jurisdiction over earth moving activities must be included with the permit application prior to the Borough issuance of any permit. Examples of such other approvals include, but are not limited to, earth disturbance permit(s) from the Pennsylvania Department of Environmental Protection, and Soil erosion and sedimentation control plan approval(s) from the Westmoreland County Conservation District.

Earth movement shall result in finished grades that do not exceed two horizontal to one vertical unless a report prepared and certified by a professional engineer licensed in the Commonwealth of Pennsylvania indicates that specific steeper slopes in a particular location will not compromise the stability of the completed slope or areas above or below it.

Topsoil shall be removed and stockpiled before the start of grading. Graded slopes shall be planted with a fast-catching grass cover as soon as grading is completed.

Where fill is used, it shall be placed in layers not exceeding eight inches in depth, thoroughly compacted, and keyed in to undisturbed earth at the edges of the fill. Fill shall be considered any material that has been brought to or moved on the site.

For any development where site grading is proposed, the application submitted to the Borough Council shall include a cross-section drawing or drawings through the property to illustrate the proposed grading indicating the steepness of the proposed and existing slopes.

For development undertaken after the adoption of this chapter, stormwater shall not be permitted to collect upon any property, or to pass from one property to another in a concentrated flow without the benefit of an easement, or to cross a public street on the surface.

An application for any new development within the Borough shall be accompanied by a stormwater management plan indicating how stormwater will be collected and removed from the property. Such stormwater management plan shall be in accordance with any and all duly ordained requirements established by the Westmoreland County Act 167 Stormwater Management Ordinance. Until such time that the above-mentioned Act 167 Plan and Stormwater Management Ordinance are effective, the provisions of Subsection C, as follows, shall prevail.

The Borough Council may require, where no subsurface storm drainage system is available and/or where large areas are to be covered with structures and paved surfaces, that developers provide stormwater management facilities on their properties of sufficient capacity to hold the flow from the fifty-year storm of record (4.7 inches in 24 hours) for release at the ten-year rate (3.8 inches in 24 hours). The Borough Council may request assistance from the Westmoreland County Conservation District in determining the need for and the adequacy of proposed stormwater management facilities.

The regulation of well sites herein will permit reasonable access to a significant portion of the gas resources in the Borough, while protecting certain other uses and by regulating gas and oil well use in a manner consistent with traditional zoning regulations without primarily regulating the technical aspects of oil and gas well functioning.

West Leechburg Borough recognizes that the regulation of oil and gas operations is the primary responsibility of the regulatory agencies of the Commonwealth of Pennsylvania, but that the Borough maintains the ability to adopt local regulations as they pertain to land use and its impact on the health, safety and welfare of the residents of the community.

This chapter applies to all oil and gas well sites, natural gas compressor stations, and natural gas processing plants that will be permitted or constructed pursuant to the applicable provisions of this chapter.

Roads.

Noise. The Borough recognizes and acknowledges that oil and gas development, oil and gas wells and oil and gas operations are accompanied by inherent noise. However, the operator shall take the following steps to minimize, to the extent practicable, the noise resulting from development.

Emergency services. The operator shall, prior to drilling, provide the Borough adequate information to deal with any potential dangerous conditions that may result due to development activities. First responders shall have on-site orientation and be provided adequate awareness information. Upon request from the Borough, operator will, prior to drilling of an oil and gas well, make available with at least 30 days' notice, at its sole cost and expense, an appropriate site orientation for first responders. Such site orientation shall be made available at least annually during the period when the operator anticipates drilling activities in the Borough. Operator shall provide appropriate maps, material safety data sheets and emergency plan and preparedness, prevention and contingency plan (PPC) documents to the Borough Secretary or any other person designated by the supervisors. The operator shall provide 24/7 contact information, including a supervisor's name and a toll-free number, to all Borough emergency service providers, the Borough Manager and on signage at the entrance to the well site. Warning signs must be posted providing notice of potential dangers at the well site.

Lighting.

Public notice. Prior to drilling an oil and gas well, but not later than two weeks prior to drilling, the operator shall provide the following information to each resident within 1,000 feet of the planned surface location of the well:

Application.

Fencing.

Purpose. It is the purpose of this section and 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 properties by providing property owners and business owners/operators with flexibility in satisfying on-site energy needs, reduce overall energy demands with the Borough and to promote energy efficiency and integrating alternative energy systems seamlessly into the Borough's neighborhoods and landscapes without diminishing quality of life in those neighborhoods.

Definitions. As used within this section, the following words are defined as follows:

Applicability. This section shall apply to all solar photovoltaic systems installed and constructed within the Borough of West Leechburg effective the date of this section. Any existing photovoltaic system in existence prior to the effective date of this section is not subject to the provisions of this section as shall be considered nonconforming. Any upgrade, modification or structural change that materially alters the size or placement of an existing solar photovoltaic system must comply with the provisions of this section.

Zoning districts. All types of solar photovoltaic systems are permitted uses in all designated zoning districts as accessory uses to any lawfully permitted principal use on the same property upon issuance of the proper permit and upon compliance with all of the designated requirements and regulations set forth in this section.

Regulation. In order to be approved as a permitted use and be issues the required permit, the solar photovoltaic system must meet the following:

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.

Inspection, safety and removal.

Permit requirements.

Repealer.

Severability.

Effective date. This sections shall be effective pursuant to the applicable provision of the Pennsylvania Municipalities Planning Code.