[Amended 6-5-1989 by Ord. No. 93]
A. The following legislative findings set forth the purposes
and intent of this chapter which is designed and intended:
(1) To meet the Borough's needs for housing by providing
a variety of housing types, including single-family dwellings, various
types of multifamily dwellings, including two-family dwellings and
mobile homes and mobile home parks.
(2) To encourage and direct reasonable commercial development
in the areas zoned as commercial districts or recreational-commercial
districts.
(3) To guide uses of land and structures and the type
and location of streets, public grounds and other facilities.
(4) To protect the forested and cleared lands which attract
people to the borough and are major community assets, by providing
for development on smaller lots in the area in and around Eagles Mere
village while encouraging a reasonable and more limited development
in the areas of great natural beauty which comprise the balance of
the borough.
(5) To protect the borough's unique historical heritage.
(6) To preserve environmentally sensitive areas, including
woodlands, areas with steep slopes and lakes, streams and wet lands.
(7) To provide for the general welfare by making provision
for present and future governmental, social, cultural, recreational
and religious facilities.
(8) To protect the public interest by making provision
for adequate light, air and spacing between buildings and vehicular
parking and by regulating signs and lighting.
(9) To facilitate and provide for water, sewage, public
grounds and other similar public requirements.
(10)
To prevent overcrowding of land, blight, danger
and congestion in travel and transportation and to limit risks to
health and property from fire, panic or other dangers.
(11)
To accomplish these objectives through a coordinated development of the borough as described in §
105-1B in a manner which makes adequate provision for present and future housing and commercial needs while preserving those attributes of the borough which attract people to live, work or visit in the borough and surrounding areas.
B. This ordinance and all amendments thereto have been
made in accordance with an overall program and with consideration
for the character of the borough and its various parts and the suitability
of the various parts for the particular uses and structures.
In interpreting and applying the provisions
of this chapter, they shall be held to be the minimum requirements
for the promotion of the health, safety, morals and general welfare
of the borough.
The borough is hereby divided into eight districts
designated as follows:
R-A
|
Residence Districts
|
R-1
|
Residence Districts
|
R-2
|
Residence Districts
|
R-3
|
Multifamily Districts
|
R-4
|
Mobilehome Districts
|
R-AS
|
Residence-Recreational Districts
|
C-1
|
Recreational - Commercial Districts
|
C-2
|
Commercial Districts
|
The boundaries of districts shall be shown upon
the maps attached to and made a part of this chapter, which shall
be designated "Zoning Maps." The maps and all the notations, references
and other data shown thereon are hereby incorporated by reference
to this section and shall be as much a part of this chapter as if
all were fully described herein.
The boundaries between districts are, unless
otherwise indicated, either the center lines of streets or such lines
extended or lines parallel thereto. Where figures are shown on the
Zoning Maps between a street and a district boundary line, they indicate
that the district boundary line runs parallel to the street line at
a distance therefrom equivalent to the number of feet so indicated.
Where a district boundary line divides a lot
held in single and separate ownership at the effective date of this
chapter, the regulations applicable to the less restricted district
shall extend over the portion of the lot in the more restricted district
a distance of not more than 50 feet beyond the district boundary line.
[Amended 10-1-1998 by Ord. No. 121]
A. General sign regulations.
(1) The following regulations shall apply to all sign
uses:
(a)
Every sign permitted by this section or existing
as a preexisting nonconforming use must be constructed of durable
materials and securely fastened or erected. Signs shall be maintained
in good condition and shall not be allowed to become dilapidated or
unsightly.
(b)
No sign shall be placed in a position which
will cause danger to traffic or pedestrians nor shall any sign be
permitted on the streets or sidewalks.
(c)
No sign shall be erected at the intersection
of any street in such a manner as to obstruct free and clear vision,
nor at any location whereby reason of position, shape or color it
may interfere with or obstruct the view of or be confused with any
authorized traffic sign, signal or device.
(d)
No sign other than a traffic sign may be placed
in the street or road right-of-way, with the exception of signs which
are affixed to a lawful building or accessory building and do not
project more than four feet from such building and maintain a clearance
height of at least 10 feet. Only the Borough is authorized to post
signs to control or limit pedestrian or vehicular traffic. Private
citizens may not erect or place their own signs for this purpose unless
granted a permit by special exception.
[Amended 8-4-2008 by Ord. No. 2008-01]
(e)
Area of sign.
[1]
The area of any side of any sign shall not exceed:
[a] Ten square feet in a R-A, R-1 and
R-2 Residential District.
[b] Twenty square feet in any other
district.
[2]
For a sign whose message is applied to a background
which provides no border or frame, such as on a building, the sign
area shall be computed by straight lines drawn tangent to copy extremities
encompassing individual letters, words or graphic elements of the
message.
[3]
Sign area shall include the entire face of a
single side of a sign, including all framing, trim and border area,
but excluding any supporting framework or bracing. A double-face sign
shall be considered a single sign.
(f)
No sign shall be erected or maintained which
prevents free ingress and egress from any door, window or fire escape
or which prevents free access from one part of a roof to any other
part. No sign shall be attached to a stand pipe or fire escape.
(g)
All ground signs shall be anchored, weighed,
spring loaded or otherwise designed to minimize wind action. The application
for such signs shall indicate the method of anchoring to be employed.
(h)
The illumination of any sign in any district shall comply with the requirements of §
105-20G(1) and
(2).
(i)
Illuminated signs shall not cause excessive
glare or other disturbance that would be incompatible with the nature
of the surrounding neighborhood or which would in any way impair the
vision of passing motorists. Illumination shall be steady in nature.
No flashing, rotating, moving or animated sign shall be permitted
except by special exception
(j)
No handbills, signs or other materials of any
size or kind maybe attached to any utility pole, fence post or building
unless authorized by special exception.
(k)
No sign shall be attached to any tree, shrub, rock or other natural object except those signs in compliance with §
105-16A(1)(a) through
(i).
(2) Allowable signs. Subject to the general regulations in §
105-16A, the following signs shall be allowed within the Eagles Mere Borough and do not require a permit:
[Amended 8-4-2008 by Ord.
No. 2008-11; 10-5-2015 by Ord. No. 2015-03]
(a)
Signs erected by the Borough, state, public utility or government
or governmental agency.
(b)
Signs on private property identifying the owner or occupant
of a residence, so long as the sign does not advertise any commercial
activity being conducted by the owner or occupant of the residence.
(c)
A single banner, single pennant or single flag at a residence
for a nonconforming purpose, maintained in serviceable condition and
limited to a maximum area of 24 square feet.
(d)
Temporary signs advertising property for sale or identifying contractors working on the property are permitted on private property or in the public right-of-way under the following conditions, notwithstanding the provisions of §
105-16A(1)(e):
[1]
Such signs must not exceed six square feet and must be within
the extended boundary lines of the property for sale or where the
services are being provided.
[2]
Signs identifying contractors are allowed in the public right-of-way
only on days when delivery of materials is expected; otherwise they
must be on the property of the owner while actively working on the
property.
[3]
Signs advertising a property for sale must be removed immediately
after closing on the sale of the property. Signs for contractors can
be put up one week prior to the beginning of work and must be taken
down the day work is completed.
[4]
Where there are sidewalks, the signs must be placed on the property
side of the sidewalk a minimum of three feet from the inside edge
of the sidewalk. If landscaping makes this placement impossible, then
the sign must be placed the maximum distance from the inside edge
of the sidewalk and positioned so as not to interfere in any way with
pedestrian traffic. Where there are not any sidewalks, signs advertising
the sale of private property or identifying contractors (only on days
when deliveries are expected) may be placed a minimum of three feet
from the paved portion of the road or the berm, whichever is closer
to the property line.
(3) All other signs. All signs except those specifically allowed in §
105-16A(2) shall comply with §
105-16A, general regulations, and be approved as a conditional use pursuant to §
105-21G and
H.
(4) Abandonment. All signs shall be removed from the premises
upon which the on-premises sign is located by the owner, occupant
or lessee when the use it advertises is no longer conducted. Such
removal shall be completed within 30 days of the vacation of the premises
or within 30 days from when the use it advertises is no longer conducted.
(5) Nonconforming signs.
(a)
Signs existing at the time of the passage of
this section which do not conform to the requirements of this section
shall be considered nonconforming signs and once removed shall be
replaced with only conforming signs. Nonconforming signs may be painted,
repaired or maintained provided such maintenance or repair does not
extend the dimensions of the existing sign.
(b)
Signs existing at the time of the passage of
this section which do not conform to the requirements of this section
shall be considered nonconforming signs and may be retained as they
are, unless the owner, by his choice, chooses to replace the sign.
[Amended 8-4-2008 by Ord. No. 2008-01]
B. Placement of trees, shrubs, hedges, bushes, vegetation,
fences and any and all landscaping materials.
(1) The owners or occupiers of real property within the
Borough of Eagles Mere which property has trees, shrubs, hedges, bushes,
vegetation or fences and landscaping materials in proximity to streets,
alleys or sidewalks shall have the following responsibilities:
(a)
Trim all trees, shrubs, hedges, bushes or other
vegetation in such a manner that there is a minimum clearance of 13
feet between the foliage and the roadway or alleyway for foliage overhanging
a roadway or alley way.
(b)
Trim all trees, shrubs, hedges, bushes or other
vegetation so that there is a clearance of eight feet between the
foliage and the sidewalk for foliage overhanging a sidewalk.
(d)
Eliminate or trim any tree, shrub, hedge, bush
or other vegetation which in the opinion of the borough presents a
safety hazard.
(e)
Ensure that trees, shrubs, hedges, bushes, vegetation,
fences and landscaping materials should not be planted, installed
or maintained in such a manner that it may obstruct pedestrian or
vehicular traffic on any street or sidewalk.
(f)
Maintain all trees, shrubs, hedges, bushes,
vegetation, fences and landscaping so as not to interfere with visibility
on sidewalks, alleyways and streets.
(2) Walls, fences or other structures shall not be erected
or maintained and trees, shrubs, hedges, bushes or other vegetative
material should not be planted or maintained in such a manner as to
project into adjacent property in different ownership. All such walls,
fences, structures, hedges, trees or other vegetative material must
be planted or maintained far enough from the neighboring property
lines so as to provide access for trimming, painting and maintenance.
(3) No fence, wall, structure, hedge, shrub, tree or vegetation
shall be maintained which may cause danger to traffic on a street
by obstructing a driver's view at a street or driveway intersection.
(a)
At all street/driveway intersections, no obstruction
or planting measuring higher than 30 inches or hanging lower than
eight feet above the roadway shall be permitted within the clear sight
triangle. A "clear sight triangle" shall be defined as that area of
unobstructed vision at street intersections formed by lines of sight
between points which are a specified distance from the intersection
of the street center lines. These distances shall be as follows:
[1]
For the intersection of two streets, the distance
from intersection of the street center line shall be 75 feet.
[2]
For the intersection of the street and driveway
the distance shall be 25 feet.
(4) Borough authorized to remove. If the tenant, occupant
or owner of said real property within the Borough of Eagles Mere violates
this Subsection F, the borough may correct such violation with borough
employees or contract with a third party to correct the violation
and may collect all costs and expenses incurred in connection with
correcting the violation from the tenant, occupant or owner of said
real estate. The borough may collect all costs and expenses incurred
in connection with correcting the violation by civil penalty or by
municipal lien.
[Added 5-8-2002 by Ord. No. 2002-2;
amended 6-5-2017 by Ord. No. 2017-01]
A. Purpose. The purpose of this section is to establish requirements
for the siting of wireless communications towers, distributed antenna
systems (DAS), facilities, equipment, and antennas so as to comply
with federal and state laws and so far as allowed by law to:
(1)
Protect and preserve the visual character of the Borough by
minimizing the visual and aesthetic impact of all wireless communications
towers, facilities, equipment, and antennas.
(2)
Ensure that all wireless communications towers, DAS, facilities,
equipment, and antennas are designed and configured in such a manner
as to match or blend into the characteristics of the area of where
they are situated. Such characteristics shall include both man-made
structures as well as environmental features.
(3)
Encourage the location of wireless communications towers, DAS,
facilities, equipment, and antennas in areas where the adverse impact
on the community is minimal through careful design, siting, landscape
screening and innovative camouflaging techniques.
(4)
Minimize the total number of towers throughout the community
through joint use of new and existing towers and other structures
as a primary option rather than the construction of additional single-use
towers.
(5)
Enhance the ability of the providers of communications services
to provide such service to the community quickly, effectively, and
efficiently.
(6)
Consider the public health and safety of wireless communications
towers, facilities, equipment, and antennas.
(7)
Avoid potential damage to the public and adjacent properties
from the failure of wireless communications towers, facilities, equipment,
and antennas through careful engineering and siting.
B. Definitions. As used in this section, the following terms shall have
the meanings set forth below:
BALLOON TEST
The use of a balloon or similar object to locate or identify
the proposed height and location of a tower.
CRANE TEST
The use of a crane or similar mechanism to elevate a broadcast
antenna for the purposes of collecting data or information regarding
the propagation characteristics of a particular proposed facility.
DRIVE TEST
The collection of radio signals broadcast from a proposed
location. A drive test can be performed by the use of a crane test
or by the use of a broadcast antenna placed upon or above an existing
structure.
PREEXISTING WIRELESS COMMUNICATIONS TOWERS, FACILITIES, EQUIPMENT
AND ANTENNAS
Any wireless communications towers, facilities, equipment
and antennas for which a building permit and zoning approval has been
properly issued prior to the effective date of this section, including
permitted wireless communications towers, facilities, equipment and
antennas that have not yet been constructed so long as such approval
is current and has not expired.
PROPAGATION TESTING
The actual collection and analysis of radio signal broadcasts,
via a drive test or similar method, which provides an indication of
a particular site's coverage or level of service to the surrounding
area based upon actual field measurements.
REPEATER
A device or facility that extends coverage of a cell to areas
not covered by the originating cell.
UTILITY ATTACHMENT
The use of an existing utility structure, including wood
poles, as a structure to mount or utilize for a wireless communications
facility, equipment or antennas.
C. Minimum requirements. Except as set forth in §
105-17.1E, Other permitted antennas, the following minimum requirements shall apply to all wireless communications towers, DAS, facilities, equipment, and antennas and to any alterations or additions in addition to the generally applicable criteria for conditional uses.
(1)
Antenna height. Any antenna that is attached to an existing
structure shall not exceed the height of the existing structure by
more than 20 feet.
(2)
Antenna offset. Any antenna that is attached to an existing
structure shall not be mounted beyond the vertical face or plane of
the existing structure by more than three feet.
(3)
Tower height. No tower, including the antenna, shall exceed
200 feet in height.
(4)
Setback. All towers and antennas shall be set back a minimum
of 100 feet from all property lines. If the tower and antennas exceed
150 feet in height, the minimum setback of 100 feet shall be increased
by one foot for each one foot in height that the tower and antenna
exceed 150 feet.
(5)
Preservation of existing trees. A management plan shall be submitted
for approval describing how the existing trees located on the site
shall be protected during the construction of the site.
(6)
Engineer's certification. A professional engineer licensed
by the State of Pennsylvania shall certify any information of an engineering
nature that the applicant submits, whether civil, mechanical or electrical.
(7)
State or federal requirements. All towers, DAS, facilities,
equipment and antennas must meet or exceed current standards and regulations
of the Federal Aviation Administration, the Federal Communications
Commission and any other agency of the state or federal government
with the authority to regulate towers, facilities, equipment and antennas.
If such standards and regulations are changed, then the owner of the
towers, facilities, equipment and antennas governed by this section
shall bring such towers, facilities, equipment and antennas into compliance
with such revised standards and regulations within six months of the
effective date of such standards and regulations, unless a different
compliance schedule is mandated by the controlling state or federal
agency. Failure to bring such towers, DAS, facilities, equipment or
antennas into compliance with such revised standards and regulations
shall constitute a violation and the Borough may require the removal
of the towers, DAS, facilities, equipment and antennas at the owner's
expense.
(8)
Building codes: safety standards. To ensure the structural integrity
of towers as well as the safety of any attachment to an existing structure,
the owner of towers, DAS, facilities, equipment or antennas shall
ensure that they are maintained in compliance with standards contained
in applicable state or local building codes and the applicable standards
for towers that are published. If, upon inspection, the Borough concludes
that a tower fails to comply with such codes and standards and constitutes
a danger to persons or property, then upon notice being provided to
the owner of the tower, the owner shall have 30 days to bring such
tower into compliance with such standards. Failure to bring such tower
into compliance within said 30 days shall constitute a violation and
the Borough may require the removal of the towers, DAS, facilities,
equipment or antennas at the owner's expense.
(9)
Not utilities. Towers, DAS, facilities, equipment and antennas shall be regulated and permitted pursuant to this section and shall not be regulated or permitted as public utilities or private utilities. Even when an entity has received public utility status through the Public Utility Commission (PUC), all applications, including right-of-way applications, will be reviewed under this Zoning Ordinance (or under the conditional use section in §
105-17.1E).
(10)
Co-location. In order to reduce the number of towers in the
Borough in the future, the proposed tower shall be designed to accommodate
at least four separate commercial wireless communications companies.
In addition its design shall allow for the accommodation of municipal
emergency service use at no cost to the emergency service provider.
(11)
Tower inspections and removal of abandoned towers and DAS. An
annual inspection report, which format and content will be prescribed
by the Borough, shall be submitted on the date of each approval anniversary
of the certificate of occupancy.
(a)
At the time a tower or DAS becomes empty or vacant, the owner
shall supply notice to the Zoning Officer the day that abandonment
occurs. This notice shall begin the time period for calculating abandonment.
Any antenna or tower that is not operated for a continuous period
of 12 months shall also be considered abandoned.
(b)
The owner of an abandoned antenna or tower shall remove the
same within 90 days of receipt of notice from the Borough. Failure
to remove an abandoned antenna or tower within said 90 days shall
be grounds for the Borough to cause the removal of the tower or antenna
at the owner's expense. If there are two or more users of a single
tower, then this provision shall not become effective until all users
cease using the tower.
(c)
A tower or DAS removal performance bond shall be provided to
the Borough in an amount specified by Borough Council. Said bond shall
remain with the Borough and may be invoked upon failure by the tower
owner to remove an abandoned tower.
(12)
Security. Unless the communications tower or antenna is located
on a building or alternative tower structure, the tower structure
or the entire property on which the tower structure is located shall
be completely enclosed by an eight-foot-high chain-link security fence
or similar fence with self-latching gate to limit accessibility to
the general public. All tower structures shall be fitted with anti-climbing
devices as approved by the manufacturer for the type of installation
proposed.
(13)
Lighting. No antenna or tower structure shall be illuminated,
except as may be required by the Federal Aviation Administration or
the Federal Communications Commission, in which case the Borough may
review the available lighting options and approve the design that
would cause the least disturbance to the surrounding uses and views.
(14)
Signs or advertising. No sign or other structure shall be mounted
on the tower structure or antenna, except as may be required and approved
by the Federal Communications Commission, Federal Aviation Administration,
other governmental agency and the Borough. No advertising is permitted
on an antenna or tower, buildings or related or accessory structures.
(15)
Principal, accessory and joint uses.
(a)
Accessory structures used in direct support of a tower shall
be allowed but may not be used for offices, vehicle storage or other
outdoor storage. Mobile or immobile equipment not used in direct support
of a tower facility shall not be stored or parked on the site of the
tower, unless repairs to the tower are being made.
(b)
Joint use of a site is prohibited when a proposed or existing
principal use includes the storage, distribution or sale of volatile,
flammable, explosive or hazardous materials such as propane, gasoline,
natural gas and dangerous chemicals.
(16)
Liability insurance. The owner of the tower shall provide to
the Borough a current liability insurance policy with minimum limits
of $1,000,000 naming the Borough as an additional insured.
(17)
Tower camouflage. All towers shall be disguised as a tree with
realistic branches, trunk and bark to blend with the existing natural
surroundings so as to minimize visual impacts and to achieve compatibility
with the character of the community. The tower, including the antennas,
when disguised as a tree with realistic branches, trunk and bark shall
not extend higher than 20 feet above the tree line of the immediate
area. Borough Council may approve an alternative design if it finds
that the alternative has less visual impact and is more compatible
with the character of the community.
(18)
Antennas on existing structures. Antennas located on existing
structures and buildings shall be architecturally compatible with
the respective buildings/structures. Antennas shall be designed to
blend into the community when located on existing building/structures.
Antennas, DAS and/or wireless facilities shall not be located on any
building that is defined as an historic building.
(19)
No antenna and/or wireless facility which is placed outside
of a public right-of-way may be obtained through a taking and/or eminent
domain, and the Borough will bear no costs in the construction, maintenance,
and/or removal thereof.
D. Contents of applications. All applications. All applications for
construction, alteration, addition or change of any wireless communications
tower, DAS, wireless facilities, equipment and antennas shall, if
applicable, include the following content:
(1)
Alternatives analysis.
(a)
A topographic map of the proposed local service area which identifies
the local network facilities with which the proposed facility will
connect. Such network information shall include sites of all carriers
situated within five miles of the proposed site. The specific location
of existing or future proposed sites shall be identified. The heights
of the structures of the other sites shall be identified on the map.
(b)
A small-scale map of the applicable franchise area which identifies
the regional network of facilities with which the local network will
connect.
(c)
Identification of the following on a topographic map:
[1] All other existing telecommunications facilities,
including those owned or operated by the applicant for the same type
of service and those which provide other wireless services, which
could potentially support the proposed facility.
[2] All other existing structures which might provide
an opportunity for attached facilities.
(d)
Identification of any existing service gaps in the proposed
local service area as well as any service gaps which may remain in
the event that the proposed facility is approved and constructed.
Such service gaps shall be determined by actual coverage measurements
developed by propagation testing and not by predicted coverage. The
coverage information, maps and supporting data must be prepared by
an individual qualified by the Borough as an expert in radio frequency
engineering. Such service gaps shall be displayed for the carrier
itself and gaps unserved by any carrier.
(e)
The applicant must demonstrate, using accepted technological
evidence, why the towers, DAS, facilities, equipment and/or antennas
are to be located where proposed. The applicant must show, with engineering
certification, why lower tower height technology is not feasible.
(2)
Any applicant proposing construction of a new tower shall demonstrate
that a good-faith effort has been made to obtain permission to mount
the antennas on an existing building, structure or tower. A good-faith
effort shall require that all owners of potentially suitable structures
in the Borough or within a five-mile radius of the proposed tower
site be contacted and that one or more of the following reasons for
not selecting such structure apply:
(a)
The proposed antennas and related equipment would exceed the
structural capacity of the existing structure and its reinforcement
cannot be accomplished at a reasonable cost.
(b)
The proposed antennas and related equipment would cause radio
frequency interference with other existing equipment for that existing
structure and the interference cannot be prevented at a reasonable
cost.
(c)
Such existing structures do not have adequate location, space,
access or height to accommodate the proposed equipment or to allow
it to perform its intended function.
(d)
Addition of the proposed antennas and related equipment would
result in electromagnetic radiation from such structure exceeding
applicable standards established by the Federal Communications Commission
governing human exposure to electromagnetic radiation.
(e)
A commercially reasonable agreement could not be reached with
the owners of such structures.
(3)
A visual analysis, which shall include photomontage, field,
mock-up, or other techniques, shall be prepared by or on behalf of
the applicant which identifies the potential visual impacts, at design
capacity, of the proposed facility. Consideration shall be given to
views from public areas as well as from private residences. The analysis
shall assess the cumulative impacts of the proposed facility and other
existing and foreseeable telecommunications facilities in the area,
and shall identify and include all feasible mitigation measures consistent
with the technological requirements of the proposed telecommunications
service.
(4)
Identification of all private, commercial and public airports
located within a five-mile radius of the proposed site on a plan.
The glide path of each airport located within the five-mile radius
shall be graphically represented on the plan to show the location
of the glide path in both its horizontal and vertical elements.
(5)
Documentation to substantiate that a balloon test was or will
be performed.
(6)
A management plan shall be provided which details the methods
that shall be used to preserve and protect the natural features, such
as existing vegetation, that help screen the facility from view or
mitigate the facility's impact.
(7)
A landscaping plan shall be provided to screen the foundation,
base, and equipment buildings from abutting properties. Existing wooded
areas, tree lines and hedge rows adjacent to the facility shall be
preserved except for site access and site construction of a tower.
(8)
Documentation shall be provided to substantiate that the applicant
has secured at least one antenna contract to locate on such tower.
E. Other permitted antennas.
(1)
An antenna owned or operated by the Borough shall be a permitted use in all districts if it meets the requirements of Subsection
E(3) of this section.
(2)
The following antennas, including their supporting structures, shall be permitted by conditional use in all districts if they meet the requirements of §
105-17.1E and the standards generally applicable to conditional use applications.
(a)
Antennas which are utility attachments and are located within
the right-of-way of a public street.
(b)
Antennas operated by fire or ambulance organizations.
(c)
Antennas operated by individual "ham" operators as a use accessory
to a residence.
(d)
Antennas used to transmit alarms.
(e)
DAS granted through the Public Utility Commission with the intent to be placed in either a right-of-way or on private property so long as not secured through a taking and/or eminent domain, provided the entity submits an application under Subsection
D.
(3)
An antenna and/or DAS permitted under Subsection
E(2) shall meet the following requirements:
(a)
The height of the top of the antenna/DAS or its support structure shall not exceed 35 feet if the support is a freestanding structure or 45 feet if the antenna is attached to an existing building housing an organization described in Subsection
E(2)(b) and
(e). The Borough Council may permit the height to be increased to no more than 65 feet if it finds that the increased height is essential to the operation of the antenna.
(b)
An antenna/DAS permitted under Subsection
E(2)(b),
(c) and/or
(e) and its supporting structure shall be set back from all property lines a distance equal to the greater of the yard requirement for the district or one-foot for each foot of height of the antenna.
(d)
Antennas/DAS attached to an existing building or structure shall
be compatible with the respective building or structure and shall
be designed to blend in with the community. Antennas/DAS shall not
be attached to any building that is defined as an historic building.
(e)
The owner of a DAS and/or wireless facility in a public right-of-way
will incur its own construction, maintenance, removal and all other
costs. If the Borough incurs any such costs, the owner will be responsible
for reimbursing the Borough.
(4)
A repeater shall be permitted by conditional use if it is attached to a utility pole and meets the height requirements of Subsection
E(3)(a) of this section.
[Added 9-12-2002 by Ord. No. 2002-3]
To minimize traffic congestion and control street
access in the interest of public safety and to encourage the appropriate
development of street and road access, the following standards shall
apply to the construction, creation, reconstruction or alteration
of all driveways or access drives.
A. A driveway permit shall be required prior to the initiation
of construction, creation, reconstruction or alteration of a new or
existing driveway or access drive, including a change of surface,
for all drives created or existing which intersect any street, road
or private road. The individual, owner or agent shall be responsible
for supplying the Zoning Officer with sufficient information regarding
the proposed intersection, its sight distance, and its impact on drainage
patterns along the intersection, intersecting street, road or private
road. Such permit shall be issued by the Zoning Officer after he/she
has determined that the application complies with all provisions of
this section regarding driveways and access drives.
B. Where a driveway or access drive is to be installed
in conjunction with a proposed use, the building/zoning permit application
for that use shall include a scale drawing showing the location, construction
materials, and the sight distance proposed for the driveway or access
drive.
C. Except in the case of single- and two-family dwellings,
all driveways and access drives shall be designed so that there will
be no need for motorists to back over public rights-of-way.
D. The number of driveways or access drives provided
shall be the fewest required to adequately serve the needs of the
abutting property. The total number of driveways or access drives
shall not exceed two per lot, except where frontages of exceptional
length occur. In cases where frontages are 50 feet or less, each lot
shall be limited to one driveway or access drive.
E. A common driveway or access drive serving two adjoining
lots may be permitted, provided that the lot owner submit to the Zoning
Officer an instrument, duly executed and acknowledged by both lot
owners, subjecting said lots to such use. The zoning officer shall
cause said instrument to be registered in the office of the Register
of Deeds. The applicant shall pay the registration fees.
F. Driveways and access drives shall be constructed of
a durable, all-weather material and shall not exceed 35 feet in width,
except as may be increased by curb radii.
G. Driveways and access drives shall not cross the street
right-of-way line; within:
(1)
Forty feet of the right-of-way line of an intersecting
street;
(2)
The catch basin or drainage inlet;
(3)
Ten feet of a property line for a commercial,
institutional or industrial use; nor
(4)
Three feet of a property line for residential
use, unless adjoining property owners mutually agree to a common driveway
or access drive.
H. Driveways or access drives shall be designed and constructed
in such a manner to avoid impairing drainage within a street, road,
or private right-of-way or any adjacent area. When determined necessary
by the Zoning Officer, a drainage pipe shall be installed under the
driveway or access drive by the property owner. The size or diameter
of such pipe shall be established by the Borough but in no event shall
be less than a minimum of 15 inches in diameter.
I. Driveways and access drives should be located where
street alignment and profiles are favorable, where there are no sharp
curves or steep grades, where site distances related to the driveway
are sufficient to avoid creating hazardous traffic conditions, and
so as to not impede the free movement of normal highway traffic.
J. Where driveways or access drives are to intersect
with commonwealth roads or streets, the applicant shall provide to
the Zoning Officer a copy of the Pennsylvania Department of Transportation
Highway Occupancy Permit and proof that the construction, reconstruction,
creation, or alteration of the driveway or accessway will comply with
all state regulations.
K. To ensure reasonable visibility at the intersection
of driveways or access driveways and any street, a minimum sight distance
of at least 150 feet shall be provided. Minimum sight distance shall
be measured from the point of intersection of the driveway center
line and the street right-of-way line to a point on the center line
of the street cartway.
[Amended 8-4-2008 by Ord. No. 2008-01]
L. The grade of a driveway or access driveway shall not
exceed 15% grade within 25 feet of the right-of-way of the street
or 25% in other locations, except where the topography makes it impractical
to construct a conforming driveway or access driveway without extensive
fill or re-grading.
[Added 8-4-2008 by Ord. No. 2008-01]