Municipality of Monroeville, PA Conditional Uses and Planned Developments

The golf course clubhouse or other similar accessory structures shall be located at a minimum of 50 feet from all property lines.

Golf course maintenance buildings and/or sheds shall be located at a minimum of 50 feet from all property lines.

Twenty-five feet of vegetative buffer shall be provided in areas abutting properties under separate ownership.

The playing areas and hitting fields shall be designed and set back sufficiently to prevent golf balls from being hit onto property under separate ownership, including but not limited to the following requirements:

Tees, fairways and greens shall be designed to encourage the direction of play away from adjacent properties.

Fence, netting and/or vegetative buffer shall be installed/planted to protect public streets, private access roads, other right-of-way areas and adjacent properties to ensure that golf balls do not endanger and/or damage abutting properties, occupants, occupant's guest and/or vehicles. The height of any fence and/or netting shall be determined on a site-specific basis and may exceed the requirements of § 359-17, Fences, of this chapter.

Access shall be provided for fire, emergency and other safety vehicles.

Lights shall be shielded and directed away from adjoining properties.

BB.

Municipal waste landfills.

[Added 7-21-1993 by Ord. No. 1843]

The Municipal waste landfill shall meet the definition of "Municipal waste landfill" as provided in Article VI of this chapter.

The Municipal waste landfill shall include provisions for postclosure use consistent with Schedule A, District S-1 Special Conservancy, included at the end of this chapter.[2]

Editor's Note: See now Table 201, Permitted Uses, Conditional Uses, Yard and Area Requirements, included as an attachment to this chapter, which replaces former Schedule A, Permitted and Conditional Uses, and Schedule B, Yard and Area Requirements.

The maximum allowable additional topographic relief created by the Municipal waste landfill may not exceed 65% of the existing natural topographic relief for the proposed disposal area. The maximum allowable additional topographic relief at closure shall not exceed 100 feet. The final slope contour at closure shall not exceed three horizontal to one vertical.

Elevations and Relief	Feet
Existing low natural elevation	500
Existing high natural elevation	600
Existing relief	100
Allowable additional relief	65

The Municipal waste landfill operator shall provide the plans as submitted to the applicable federal, state and county agencies, including anticipated construction, operation, closure and end use milestones, within 90 days of receiving requisite county, state and federal permits therefor and any amendments thereto. The Municipal waste landfill operator, by copying the Municipality in on all regulatory correspondence to the regulatory bodies, shall inform the Municipality of any substantial changes in such plans. Copies of the application, amendments and/or any substantial changes to that document, permit applications and approvals from county, state and federal agencies shall be submitted by the applicant on a timely basis and kept on file for public review at the Monroeville Public Library.

The operation of the Municipal waste landfill shall provide for minimal negative aesthetic impacts. The Municipal waste landfill shall also utilize an operating and staging sequence that provides a protective berm between Municipal waste landfill operations and the surrounding neighborhoods.

The Municipal waste landfill shall maintain compliance with all laws, regulations and/or ordinances of all relevant federal, state and local governments.

(7)

The Municipal waste landfill operator shall provide a document, certified by a Pennsylvania registered professional engineer, which states that the facility has been designed to comply with Monroeville Ordinance No. 1788, as amended.[3] The document will also certify that the facility has been designed to adequately provide protection from erosion, sedimentation, slope instability and mine subsidence.

Editor's Note: Ordinance No. 1788 was formerly designated as Ch. 319, Art. I, Stormwater Peak Flow Rate Management. See now Ch. 319, Stormwater Management.

(8)

In the event of mine voids in the proximity of the Municipal waste landfill, the Municipal waste landfill operator shall monitor said voids for landfill gas and leachate that may escape the facility. The results of said monitoring shall be provided to the Municipality quarterly, unless required otherwise. The applicant shall prepare a site-specific monitoring program.

(9)

Mine subsidence and slope instability monitoring shall be performed by the Municipal waste landfill operator. The results of said monitoring shall be provided to the Municipality quarterly, unless required otherwise. The applicant shall prepare a site-specific monitoring program.

(10)

To the extent allowed by the Pennsylvania Department of Environmental Resources (PADER), the Municipal waste landfill shall have sufficient final cover depth to accommodate vegetative species native to the Municipal waste landfill area, including woody plants and shallow rooting trees, on the closed Municipal waste landfill.

(11)

The Municipal waste landfill operator shall provide unobstructed access to Municipal landfill inspectors on a twenty-four-hour basis, and such access shall include but not be limited to the ability to schedule any monitoring activity as defined in Subsection BB(8) and (9) or otherwise, and said access shall also include access to office and telephone facilities.

(12)

The Municipal waste landfill operator shall implement a procedure for excluding the receipt of regulated hazardous waste as required by any applicable federal or state law. Records of inspections shall be made available to the Municipal landfill inspector.

(13)

The Municipal waste landfill operator shall immediately report any emergency to the Monroeville Emergency Communications Center and the Monroeville Municipal Manager. For the purposes of this subsection, the term "emergency" includes a fire, spill, landslide, explosion, flood or other environmental event that threatens public health and safety, public welfare or personal injury. An emergency response plan shall be prepared and submitted for approval to the Municipality and the Emergency Management Director and shall be resubmitted annually for approval.

(14)

The minimum size for a Municipal waste landfill shall be 100 acres.

(15)

The Municipal waste landfill site shall have direct access to a principal arterial highway. Any public roadway to the Municipal waste landfill shall not be used by Municipal waste vehicles for delivery of Municipal waste to the facility between the hours of 11:00 p.m. and 7:00 a.m., which prohibition shall include the stacking of Municipal waste vehicles on said public roadway.

(16)

The Municipal waste landfill shall be prohibited in the following areas:

In the one-hundred-year floodplain of waters.

In an important wetland as defined by the Pennsylvania Department of Environmental Resources.

In coal-bearing areas underlain by recoverable or mineable coals, unless the operator of the facility demonstrates and the Department of Environmental Resources finds, in writing, that the operator owns the underlying coal or has entered an agreement with the owner of the coal to provide support.

In a valley, ravine or head of hollow where the operation would result in the elimination, pollution or destruction of a portion of a perennial stream, except that rechanneling may be allowed as provided by the Department of Environmental Resources.

(e)

In areas underlain by limestone or carbonate formations where the formations are greater than five feet thick and present at the topmost geologic unit. These areas include areas mapped by the Pennsylvania Geological Survey as underlain by these formations, unless competent geological studies demonstrate the absence of limestone and carbonate formations under the site.

(17)

The Municipal waste landfill shall include buffer areas which shall conform to the following:

Three hundred feet from a one-hundred-year floodplain of waters as defined in the Solid Waste Management Act, as amended.[4]

Editor's Note: See 35 P.S. § 6018.101 et seq.

Three hundred feet measured horizontally from an occupied dwelling to the facility boundary of a Municipal waste landfill.

Three hundred feet from an important wetland as defined by the Pennsylvania Department of Environmental Resources.

Five hundred feet measured horizontally from an occupied dwelling to the disposal area of a Municipal waste landfill.

(e)

One hundred feet from a perennial stream.

(f)

One hundred feet from a property line, unless actual disposal will not occur within 100 feet of a property line.

(g)

Ten thousand feet or 3,048 meters from a runway that is or will be used by turbine-powered aircraft at a Federal Aviation Administration (FAA) certified airport during the life of disposal operations under the permit.

(h)

Five thousand feet or 1,524 meters from a runway that is or will be used by piston-type aircraft at a Federal Aviation Administration (FAA) certified airport during the life of disposal operations under the permit.

(i)

The conical area at 14 CFR 77, relating to objects affecting navigable airspace, for runway flight paths that are or will be used by turbine-powered or piston-type aircraft during the life of disposal operations under the permit.

(j)

Twenty-five feet from a coal seam, coal outcrop or coal refuse.

(k)

One-fourth mile upgradient and 300 feet downgradient from a public or private water source.

(l)

Three hundred yards from a building which is owned by a school district or school and used for instructional purposes.

(m)

Three hundred yards from a park.

(n)

Three hundred yards from a playground.

(18)

The Municipal waste landfill site shall be properly fenced along the interior boundary of the buffer zone to prevent blowing papers and other refuse on adjoining properties. The fence shall be metal wire mesh constructed of No. 9 gauge wire woven in a two-inch mesh in full conformance with the American Society for Testing and Materials specifications. The surface height of the fence shall be 10 feet. The fence shall contain, at all entrances, gates which are locked except during business hours. In addition, temporary litter control fences shall be installed in such a manner as to prevent litter from dispersing off of the Municipal waste landfill site. The Municipal waste landfill site shall be adequately policed, and the litter shall be collected daily and incorporated into the Municipal waste landfill.

(19)

The emission of unpleasant gases and odors shall not be permitted in such quantities as to be offensive outside the boundaries of the Municipal waste landfill site.

(20)

Sound level.

Sound-pressure level of any operation within the Municipal waste landfill site shall not exceed, at any point along the Municipal waste landfill site boundary, the following decibel levels:

Between 7:00 a.m. and 7:00 p.m.: 68 dBA.

Between 7:00 p.m. and 7:00 a.m.: 58 dBA.

The applicant shall provide a site-specific sound monitoring program.

The Municipal waste landfill shall comply with Municipal Ordinance No. 1417, Making Unlawful the Causing or Continuing of Unusually Loud Noise.[5]

Editor's Note: Ordinance No. 1417, adopted 4-11-1987, as amended, was superseded by Ord. No. 2188, adopted 5-8-2001. See now Ch. 264, Noise Control.

(21)

Violations and penalties. Any person, corporation and/or other entity who or which is found to be in violation of any of the provisions of this Subsection BB before any District Magistrate or other court of competent jurisdiction shall be subject to payment of not more than $500 per violation, per day, and cost of prosecution, and whoever fails to correct any violation of this Subsection BB within 90 days from the date of said judicial decision shall be subject to revocation of any and all applicable permits and approvals issued by the governing body of the Municipality of Monroeville.

(22)

Severability; unenforceability. In the event that any of the terms or provisions of this Subsection BB shall be found invalid or declared unenforceable by reason of any federal or state statute or federal or state directive, rule or regulation now in effect or hereinafter to become effective or by reason of the decision of any federal or state court, such invalidity or unenforceability shall not affect or impair any other terms or provisions hereof, unless the other terms or provisions are directly affected by the section declared invalid or unenforceable. The parties thereupon may, within 30 days, meet to discuss said invalidity or unenforceability.

CC.

Sexually oriented businesses.

[Added 8-9-1994 by Ord. No. 1898; amended 1-14-2003 by Ord. No. 2249]

A sexually oriented business shall be located at a minimum of 3,000 feet from another sexually oriented business within the Municipality. For purposes of this subsection, the distance between any two sexually oriented businesses shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which each business is located.

A sexually oriented business shall be located at a minimum of 1,000 feet from any of the following, including: church; public or private pre-elementary, elementary or secondary school; a public library; a child-care facility or nursery school; and a public park adjacent to any residential district within the Municipality. For the purpose of this subsection, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where a sexually oriented business is conducted to the nearest property line of the premises of a church, public or private pre-elementary, elementary or secondary school, public library, child-care facility or nursery school, or to the nearest boundary of an affected public park.

A sexually oriented business shall secure a permit as outlined in Article VII, regulating sexually oriented businesses, of this chapter.

DD.

Wireless communications facilities.

[Amended 12-8-2015 by Ord. No. 2635[6]]

Purposes and findings of fact.

The purpose of this section is to establish uniform standards for the siting, design, permitting, maintenance, and use of wireless communications facilities in Monroeville Municipality (referred to herein as the "Municipality"). While the Municipality recognizes the importance of wireless communications facilities in providing high-quality communications service to its residents and businesses, the Municipality also recognizes that it has an obligation to protect public safety and to minimize the adverse visual effects of such facilities through the standards set forth in the following provisions.

By enacting these provisions, the Municipality intends to:

Accommodate the need for wireless communications facilities while regulating their location and number so as to ensure the provision of necessary services;

Provide for the managed development of wireless communications facilities in a manner that enhances the benefits of wireless communication and accommodates the needs of both Municipality residents and wireless carriers in accordance with federal and state laws and regulations;

Establish procedures for the design, siting, construction, installation, maintenance and removal of both commercial communication towers and commercial communication antennas in the Municipality, including facilities both inside and outside the public rights-of-way;

Address new wireless technologies, including but not limited to, distributed antenna systems, data collection units, and other wireless communications facilities;

Minimize the adverse visual effects and the number of such facilities through proper design, siting, screening, material, color and finish, and by requiring that competing providers of wireless communications services co-locate their commercial communication antenna and related facilities on existing towers;

Promote the health, safety and welfare of the Municipality's residents.

General and specific requirements for commercial communication antennas.

The following regulations shall apply to all commercial communication antennas:

Permitted by conditional use subject to regulations. Commercial communication antennas shall be located on municipally owned poles and traffic lights. If such placement is not possible, commercial communication antennas are permitted by conditional use in all zones subject to the restrictions and conditions prescribed below and subject to applicable permitting by the Municipality.

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

Standard of care. Any commercial communication antennas shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including but not limited to the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, and National Electrical Code. Any WCF shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Municipality.

Wind. All commercial communication antennas structures shall be designed to withstand the effects of wind gusts of at least 100 miles per hour in addition to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSI/TIA-222, as amended).

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

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

Radio frequency emissions. A commercial communication antennas shall not, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards and regulations of the FCC, including but not limited to the FCC Office of Engineering Technology Bulletin 65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended.

Removal. In the event that use of a Commercial Communication Antennas is discontinued, the owner shall provide written notice to the Municipality of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned WCF or portions of WCF shall be removed as follows:

All abandoned or unused WCFs and accessory facilities shall be removed within two months of the cessation of operations at the site unless a time extension is approved by the Municipality.

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

Insurance. Each person that owns or operates a commercial communication antenna shall provide the Municipality with a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the commercial communication antenna.

Indemnification. Each person that owns or operates a commercial communication antenna shall, at its sole cost and expense, indemnify, defend and hold harmless the Municipality, its elected and appointed officials, employees and agents, at all times against any and all claims for personal injury, including death, and property damage arising in whole or in part from, caused by or connected with any act or omission of the person, its officers, agents, employees or contractors arising out of, but not limited to, the construction, installation, operation, maintenance or removal of the commercial communication antenna. Each person that owns or operates a commercial communication antenna shall defend any actions or proceedings against the Municipality in which it is claimed that personal injury, including death, or property damage was caused by the construction, installation, operation, maintenance or removal of a commercial communication antenna. The obligation to indemnify, hold harmless and defend shall include, but not be limited to, the obligation to pay judgments, injuries, liabilities, damages, reasonable attorneys' fees, reasonable expert fees, court costs and all other costs of indemnification.

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

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

Such maintenance shall be performed to ensure the upkeep of the facility in order to promote the safety and security of the Municipality's residents.

All maintenance activities shall utilize nothing less than the best available technology for preventing failures and accidents.

The following regulations shall apply to all co-located commercial communication antennas that do not substantially change the physical dimensions of the wireless support structure to which they are attached, or otherwise fall under the Pennsylvania Wireless Broadband Collocation Act.[7]

Permit required. WCF applicants proposing the modification of an existing commercial communication tower shall obtain a building permit from the Municipality. In order to be considered for such permit, the WCF applicant must submit a permit application to the Municipality in accordance with applicable permit policies and procedures.

Timing of approval for applications that fall under the WBCA. Within 30 calendar days of the date that an application for a commercial communication antenna is filed with the Municipality, the Municipality shall notify the WCF applicant in writing of any information that may be required to complete such application. Within 60 calendar days of receipt of a complete application, the Municipality shall make its final decision on whether to approve the application and shall advise the WCF Applicant in writing of such decision. The Municipality shall notify the WCF applicant as to completeness of the WCF application within 30 days of receipt.

Related equipment. Ground-mounted related equipment greater than three cubic feet shall not be located within 50 feet of a lot in residential use or zoned residential.

Permit fees. The Municipality may assess appropriate and reasonable permit fees directly related to the Municipality's actual costs in reviewing and processing the application for approval of a commercial communication antenna or $1,000, whichever is less.

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

The following regulations shall apply to all commercial communication antennas that do substantially change the wireless support structure to which they are attached, or that otherwise do not fall under the Pennsylvania Wireless Broadband Collocation Act:

Prohibited on certain structures. No commercial communication antenna shall be located on single-family detached residences, single-family attached residences, or any residential accessory structure.

Conditional use required. Any WCF applicant proposing the construction of a new commercial communication antenna, or the modification of an existing commercial communication antenna, shall first obtain a conditional use from the Municipality. New constructions, modifications, and replacements that do fall under the WBCA shall be not be subject to the conditional use process. The conditional use application shall demonstrate that the proposed facility complies with all applicable provisions in this chapter.

Historic buildings. No commercial communication antenna may be located upon any property, or on a building or structure that is listed on either the National or Pennsylvania Registers of Historic Places, or is listed on the official historic structures and/or historic districts list maintained by the Municipality.

Retention of experts. The Municipality may hire any consultant(s) and/or expert(s) necessary to assist the Municipality in reviewing and evaluating the application for approval of the WCF and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of these WCF provisions. The WCF applicant and/or owner of the WCF shall reimburse the Municipality for all costs of the Municipality's consultant(s) in providing expert evaluation and consultation in connection with these activities.

Development regulations. Commercial communication antennas shall be co-located on existing wireless support structures, such as existing buildings or commercial communication towers, subject to the following conditions:

The total height of any wireless support structure and mounted WCF shall not exceed 20 feet above the maximum height permitted in the underlying zoning district, unless the WCF applicant applies for, and subsequently obtains, a variance.

In accordance with industry standards, all commercial communication antenna applicants must submit documentation to the Municipality justifying the total height of the commercial communication antenna. Such documentation shall be analyzed in the context of such justification on an individual basis.

If the WCF applicant proposes to locate the related equipment in a separate building, the building shall comply with the minimum requirements for the applicable zoning district, and landscaping shall be required to screen as much of the equipment building as possible. An evergreen screen shall surround the site. The evergreen screen shall be a minimum height of six feet at planting.

A security fence with a minimum height of 10 feet shall surround any separate communications equipment building. Vehicular access to the communications equipment building shall not interfere with the parking or vehicular circulations on the site for the principal use.

Noncommercial usage exemption. Municipal residents utilizing satellite dishes and antennas for the purpose of maintaining television, phone, and/or internet connections at their respective residences shall be exempt from the regulations enumerated in this section of the Zoning Ordinance.

Design regulations.

Commercial communication antennas shall employ stealth technology and be treated to match the wireless support structure in order to minimize aesthetic impact. The application of the stealth technology chosen by the WCF applicant shall be subject to the approval of the Municipality.

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

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

Cylinder-type antennas shall not exceed 10 feet in length and not exceed 12 inches in diameter and shall be of a color that is identical or similar to the color of the supporting structure to make the antenna and any related accessory equipment visually unobtrusive.

Satellite and microwave dishes shall not exceed 10 feet in diameter. Dish antennas greater than three feet in diameter shall be screened with an appropriate architectural treatment that is compatible with or integral to the architecture or building to which they are attached. This screening requirement shall not apply to dishes located upon towers.

Removal, replacement and modification.

The removal and replacement of commercial communication antennas and/or accessory equipment for the purpose of upgrading or repairing the WCF is permitted, so long as such repair or upgrade does not substantially change the overall size of the WCF or the numbers of antennas.

Any material modification to a WCF shall require notice to be provided to the Municipality, and possible supplemental permit approval to the original permit or authorization.

Inspection. The Municipality reserves the right to inspect any WCF to ensure compliance with the provisions of the Zoning Ordinance and any other provisions found within the Municipality Code or state or federal law. The Municipality and/or its agents shall have the authority to enter the property upon which a WCF is located at any time, upon reasonable notice to the operator, to ensure such compliance.

Regulations applicable to all commercial communication antennas located in the public rights-of-way.

(e)

In addition to the commercial communication antenna provisions listed in Subsection DD(2), the following regulations shall apply to commercial communication antennas located in the public rights-of-way:

Co-location. Commercial communication antennas in the ROW shall be co-located on existing poles, such as existing utility poles or light poles. If co-location is not technologically or economically feasible, the WCF applicant shall locate its commercial communication antenna on existing poles or freestanding structures that do not already act as wireless support structures with the Municipality's approval.

Design requirements.

WCF installations located above the surface grade in the public ROW including, but not limited to, those on streetlights and joint utility poles, shall consist of equipment components that are not more than six feet in height and that are compatible in scale and proportion to the structures upon which they are mounted. All equipment shall be the smallest and least visibly intrusive equipment feasible.

Antenna and related equipment shall be treated to match the supporting structure and may be required to be painted, or otherwise coated, to be visually compatible with the support structure upon which they are mounted.

Time, place and manner. The Municipality shall determine the time, place and manner of construction, maintenance, repair and/or removal of all commercial communication antennas in the ROW based on public safety, traffic management, physical burden on the ROW, and related considerations. For public utilities, the time, place and manner requirements shall be consistent with the police powers of the Municipality and the requirements of the Public Utility Code.

Equipment location. Commercial communication antennas and related equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to otherwise create safety hazards to pedestrians and/or motorists or to otherwise inconvenience public use of the ROW as determined by the Municipality. In addition:

In no case shall ground-mounted related equipment, walls, or landscaping be located within 18 inches of the face of the curb or within an easement extending onto a privately owned lot.

Ground-mounted related equipment that cannot be placed underground shall be screened, to the fullest extent possible, through the use of landscaping or other decorative features to the satisfaction of the Municipality.

Required electrical meter cabinets shall the screened to blend in with the surrounding area to the satisfaction of the Municipality.

Any graffiti on any wireless support structures or any related equipment shall be removed at the sole expense of the owner.

Any proposed underground vault related to commercial communication antennas shall be reviewed and approved by the Municipality.

Relocation or removal of facilities. Within two months following written notice from the Municipality, or such longer period as the Municipality determines is reasonably necessary or such shorter period in the case of an emergency, an owner of a WCF in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any WCF when the Municipality, consistent with its police powers and applicable Public Utility Commission regulations, shall have determined that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:

The construction, repair, maintenance or installation of any Municipality or other public improvement in the right-of-way;

The operations of the Municipality or other governmental entity in the right-of-way;

Vacation of a street or road or the release of a utility easement; or

An emergency as determined by the Municipality.

General and specific requirements for all commercial communication towers.

The following regulations shall apply to all commercial communication towers, excluding any commercial communication tower that is less than 70 feet in height and owned and operated by a federally licensed amateur radio status operator.

Standard of care. Any commercial communication towers shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including but not limited to, the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, National Electrical Code, as well as the accepted and responsible workmanlike industry practices of the National Association of Tower Erectors. Any commercial communication towers shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Municipality.

Notice. Upon submission of an application for a commercial communication tower and the scheduling of the public hearing upon the application, the WCF applicant shall mail notice to all owners of every property within 500 feet of the proposed facility. The WCF applicant shall provide proof of the notification to the Municipality.

Conditional use authorization required. Commercial communication towers are permitted in C-2 Business Commercial, C-3 Commercial, M-1 Industrial, and M-2 Planned Industrial Districts by conditional use and at a height necessary to satisfy their function in the WCF applicant's wireless communications system. No WCF applicant shall have the right under these regulations to erect a tower to the maximum height specified in this section unless it proves the necessity for such height. The WCF applicant shall demonstrate that the antenna/tower/pole for the commercial communication tower is the minimum height necessary for the service area.

Prior to Council's approval of a conditional use authorizing the construction and installation of commercial communication tower, it shall be incumbent upon the WCF applicant for such conditional use approval to prove to the reasonable satisfaction of the Council that the WCF applicant cannot adequately extend or infill its communications system by the use of equipment such as redoes, repeaters, antenna(s) and other similar equipment installed on existing structures, such as utility poles or their appurtenances and other available tall structures. The WCF applicant shall further demonstrate that the proposed commercial communication tower must be located where it is proposed in order to serve the WCF applicant's service area and that no other viable alternative location exists.

The conditional use application shall be accompanied by a propagation study evidencing the need for the proposed tower or other communication facilities and equipment, a description of the type and manufacturer of the proposed transmission/radio equipment, the frequency range (megahertz band) assigned to the WCF applicant, the power in watts at which the WCF applicant transmits, and any relevant related tests conducted by the WCF applicant in determining the need for the proposed site and installation.

The conditional use application shall be accompanied by documentation demonstrating that the proposed commercial communication tower complies with all state and federal laws and regulations concerning aviation safety.

Where the commercial communication tower is located on a property with another principal use, the WCF applicant shall present documentation to the Municipal Council that the owner of the property has granted an easement for the proposed WCF and that vehicular access will be provided to the facility.

The conditional use application shall also be accompanied by documentation demonstrating that the proposed commercial communication tower complies with all applicable provisions in this section.

Engineer inspection. Prior to the Municipality's issuance of a permit authorizing construction and erection of a commercial communication tower, a structural engineer registered in Pennsylvania shall issue to the Municipality a written certification of the proposed WCF's ability to meet the structural standards offered by either the Electronic Industries Association or the Telecommunication Industry Association and certify the proper construction of the foundation and the erection of the structure. This certification shall be provided during the conditional hearings, or at a minimum, be made as a condition attached to any approval given such that the certification be provided prior to issuance of any building permits.

Visual appearance and land use compatibility. Commercial communication tower shall employ stealth technology which may include the tower portion to be painted silver or another color approved by the Municipal Council, or shall have a galvanized finish. All commercial communication towers and related equipment shall be aesthetically and architecturally compatible with the surrounding environment and shall maximize the use of a like facade to blend with the existing surroundings and neighboring buildings to the greatest extent possible. The Municipal Council shall consider whether its decision upon the subject application will promote the harmonious and orderly development of the zoning district involved; encourage compatibility with the character and type of development existing in the area; benefit neighboring properties by preventing a negative impact on the aesthetic character of the community; preserve woodlands and trees existing at the site to the greatest possible extent; and encourage sound engineering and land development design and construction principles, practices and techniques.

Co-location and siting. An application for a new commercial communication tower shall demonstrate that the proposed commercial communication tower cannot be accommodated on an existing or approved structure or building, or sited on land owned and maintained by the Municipality. The Municipal Council may deny an application to construct a new commercial communication tower if the WCF applicant has not made a good faith effort to mount the commercial communication antenna(s) on an existing structure. The WCF applicant shall demonstrate that it contacted the owners of tall structures, buildings, and towers within a one-fourth-mile radius of the site proposed, sought permission to install an antenna on those structures, buildings, and towers and was denied for one of the following reasons:

The proposed antenna and related equipment would exceed the structural capacity of the existing building, structure or tower, and its reinforcement cannot be accomplished at a reasonable cost.

The proposed antenna and related equipment would cause radio frequency interference with other existing equipment for that existing building, structure, or tower and the interference cannot be prevented at a reasonable cost.

Such existing buildings, structures, or towers do not have adequate location, space, access, or height to accommodate the proposed equipment or to allow it to perform its intended function.

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

Permit required for modifications. To the extent permissible under applicable state and federal law, any WCF applicant proposing the modification of an existing commercial communication tower, which increases the overall height of such WCF, shall first obtain a building permit from the Municipality. Nonroutine modifications shall be prohibited without such permit.

Gap in coverage. A WCF applicant for a commercial communication tower must demonstrate that a significant gap in wireless coverage or capacity exists in the applicable area and that the type of WCF being proposed is the least intrusive means by which to fill that gap in wireless coverage. The existence or nonexistence of a gap in wireless coverage shall be a factor in the Municipality's decision on an application for approval of commercial communication tower.

Additional antennas. As a condition of approval for all commercial communication tower, the WCF applicant shall provide the Municipality with a written commitment that it will allow other service providers to co-locate antennas on commercial communication towers where technically and economically feasible. The owner of a commercial communication tower shall not install any additional antennas without obtaining the prior written approval of the Municipality.

Wind. Any commercial communication tower structures shall be designed to withstand the effects of wind gusts of at least 100 miles per hour in addition to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSI/EIA/TIA-222), as amended.

Height. Any commercial communication tower shall be designed at the minimum functional height. In all zoning districts the maximum height of any new commercial communication tower shall be 200 feet. An existing tower may be modified or extended to a height not to exceed a total height of 215 feet, to accommodate the collocation of additional communications antennas.

[12]

Related equipment. Either a one single-story wireless communications equipment building not exceeding 500 square feet in area, or up to five metal boxes placed on a concrete pad not exceeding 10 feet by 20 feet in area housing the receiving and transmitting equipment, may be located on the site for each unrelated company sharing commercial communication antenna space on the commercial communication tower.

[13]

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

[14]

Maintenance. The following maintenance requirements shall apply:

Any commercial communication tower shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.

Such maintenance shall be performed to ensure the upkeep of the WCF in order to promote the safety and security of the Municipality's residents, and utilize the best available technology for preventing failures and accidents.

[15]

Radio frequency emissions. A commercial communication tower shall not, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards and regulations of the FCC, including but not limited to, the FCC Office of Engineering Technology Bulletin 65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended.

[16]

Historic buildings or districts. A commercial communication tower shall not be located upon a property, and/or on a building or structure that is listed on either the National or Pennsylvania Registers of Historic Places, or eligible to be so listed, or is included in the official historic structures and/or historic districts list maintained by the Municipality.

[17]

Signs. All commercial communication towers shall post a sign in a readily visible location identifying the name and phone number of a party to contact in the event of an emergency. The only other signage permitted on the WCF shall be those required by the FCC, or any other federal or state agency.

[18]

Lighting. No commercial communication tower shall be artificially lighted, except as required by law. If lighting is required, the WCF applicant shall provide a detailed plan for sufficient lighting, demonstrating as unobtrusive and inoffensive an effect as is permissible under state and federal regulations. The WCF applicant shall promptly report any outage or malfunction of FAA-mandated lighting to the appropriate governmental authorities and to the Municipality Manager.

[19]

Noise. Commercial communication towers shall be operated and maintained so as not to produce noise in excess of applicable noise standards under state law and the Municipality Code, except in emergency situations requiring the use of a backup generator, where such noise standards may be exceeded on a temporary basis only.

[20]

Aviation safety. Commercial communication towers shall comply with all federal and state laws and regulations concerning aviation safety.

[21]

Retention of experts. The Municipality may hire any consultant and/or expert necessary to assist the Municipality in reviewing and evaluating the application for approval of the commercial communication tower and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of these provisions. The WCF applicant and/or owner of the WCF shall reimburse the Municipality for all costs of the Municipality's consultant(s) in providing expert evaluation and consultation in connection with these activities.

[22]

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

[23]

Nonconforming uses. Nonconforming commercial communication towers which are hereafter damaged or destroyed due to any reason or cause may be repaired and restored at their former location but must otherwise comply with the terms and conditions of this section.

[24]

Removal. In the event that use of a commercial communication tower is planned to be discontinued, the owner shall provide written notice to the Municipality of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned WCF or portions of WCF shall be removed as follows:

All unused or abandoned commercial communication towers and accessory facilities shall be removed within six months of the cessation of operations at the site unless a time extension is approved by the Municipality.

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

Any unused portions of commercial communication towers, including antennas, shall be removed within six months of the time of cessation of operations. The Municipality must approve all replacements of portions of a commercial communication tower previously removed.

[25]

[26]

FCC license. Each person that owns or operates a commercial communication tower over 40 feet in height shall submit a copy of its current FCC license, including the name, address, and emergency telephone number for the operator of the facility.

[27]

Insurance. Each person that owns or operates a commercial communication tower greater than 40 feet in height shall provide the Municipality with a certificate of insurance evidencing general liability coverage in the minimum amount of $5,000,000 per occurrence and property damage coverage in the minimum amount of $5,000,000 per occurrence covering the commercial communication tower. Each person that owns or operates a commercial communication tower 40 feet or less in height shall provide the Municipality with a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering each commercial communication tower.

[28]

Indemnification. Each person that owns or operates a commercial communication tower shall, at its sole cost and expense, indemnify, defend and hold harmless the Municipality, its elected and appointed officials, employees and agents, at all times against any and all claims for personal injury, including death, and property damage arising in whole or in part from, caused by or connected with any act or omission of the person, its officers, agents, employees or contractors arising out of, but not limited to, the construction, installation, operation, maintenance or removal of the commercial communication tower. Each person that owns or operates a commercial communication tower shall defend any actions or proceedings against the Municipality in which it is claimed that personal injury, including death, or property damage was caused by the construction, installation, operation, maintenance or removal of commercial communication tower. The obligation to indemnify, hold harmless and defend shall include, but not be limited to, the obligation to pay judgments, injuries, liabilities, damages, reasonable attorneys' fees, reasonable expert fees, court costs and all other costs of indemnification.

[29]

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

[30]

Financial security. Prior to receipt of a zoning permit for the construction or placement of a commercial communication tower, the WCF applicant shall provide to the Municipality financial security sufficient to guarantee the removal of the commercial communication tower. Said financial security shall remain in place until the commercial communication tower is removed.

The following regulations shall apply to commercial communication towers located outside the public rights-of-way:

Development regulations.

Commercial communication tower shall not be located in, or within 75 feet of, an area in which utilities are primarily located underground.

Commercial communication towers are permitted by conditional use, outside the public rights-of-way, subject to the prohibition in § 359-33DD(3)(b)[1][a], as well as in § 359-33DD(3)(b)[3], in the following zoning districts:

[i]

C-2 Business Commercial.

[ii]

C-3 Commercial.

[iii]

M-1 Industrial.

[iv]

M-2 Planned Industrial.

Sole use on a lot. A commercial communication tower shall be permitted as a sole use on a lot, provided that the underlying lot meets the minimum size specifications set forth in this chapter.

Combined with another use. A commercial communication tower may be permitted on a property with an existing use, or on a vacant parcel in combination with another use, except residential, subject to the following conditions:

[i]

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

[ii]

Minimum lot area. The minimum lot shall comply with the requirements for the applicable district and shall be the area needed to accommodate the commercial communication tower and guy wires, the equipment building, security fence, and buffer planting if the proposed WCF is greater than 40 feet in height.

[iii]

Minimum setbacks. The minimum distance between the base of a commercial communication tower and any adjoining property line or street right-of-way line shall be equal to 100 of the height of the commercial communication tower or the minimum front yard setback of the underlying zoning district, whichever is greatest. Where the site on which a commercial communication tower is proposed to be located is contiguous to an educational use, child day-care facility, or agriculture or residential use, the minimum distance between the base of a commercial communication tower and any such adjoining uses shall equal 250 feet, regardless of the height of the commercial communication tower, unless it is demonstrated to the reasonable satisfaction of the Council that in the event of failure the WCF is designed to collapse upon itself within a setback area less than the required minimum setback without endangering such adjoining uses and their occupants.

Design regulations.

The WCF shall employ the most current stealth technology available in an effort to appropriately blend into the surrounding environment and minimize aesthetic impact. Application of the stealth technology chosen by the WCF applicant shall be subject to the approval of the Municipality.

To the extent permissible by law, any height extensions to an existing commercial communication tower shall require prior approval of the Municipality.

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

Any commercial communication tower over 40 feet in height shall be equipped with an anticlimbing device, as approved by the manufacturer.

Surrounding environs.

The WCF applicant shall ensure that the existing vegetation, trees and shrubs located within proximity to the WCF structure shall be preserved to the maximum extent possible.

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

Fence/screen.

A security fence with a minimum height of 10 feet shall completely surround any commercial communication tower greater than 40 feet in height, as well as guy wires, or any building housing WCF equipment.

Landscaping shall be required to screen as much of a newly constructed commercial communication tower as possible. The Municipal Council may permit any combination of existing vegetation, topography, walls, decorative fences or other features instead of landscaping, if, in the discretion of the Council, they achieve the same degree of screening. Existing vegetation shall be preserved to the maximum extent possible.

[i]

An evergreen screen shall be required to surround the site. The evergreen screen shall be a minimum height of six feet at planting.

Accessory equipment.

Ground-mounted related equipment associated to, or connected with, a commercial communication tower shall be placed underground or screened from public view using stealth technologies, as described above.

All related equipment, utility buildings and accessory structures shall be architecturally designed to blend into the environment in which they are situated and shall meet the minimum setback requirements of the underlying zoning district.

Access road. An access road, turnaround space and parking shall be provided to ensure adequate emergency and service access to commercial communication tower. The access road shall be a dust-free all-weather surface for its entire length. Maximum use of existing roads, whether public or private, shall be made to the extent practicable. Road grades shall closely follow natural contours to assure minimal visual disturbance and minimize soil erosion. Where applicable, the WCF owner shall present documentation to the Municipality that the property owner has granted an easement for the proposed facility.

Parking. For each commercial communication tower greater than 40 feet in height, there shall be two off-street parking spaces.

Inspection. The Municipality reserves the right to inspect any commercial communication tower to ensure compliance with the Zoning Ordinance and any other provisions found within the Municipality Code or state or federal law. The Municipality and/or its agents shall have the authority to enter the property upon which a WCF is located at any time, upon reasonable notice to the operator, to ensure such compliance.

The following regulations shall apply to commercial communication towers located in the public rights-of-way:

Location and development standards.

Commercial communication tower in the ROW shall not exceed 40 feet in height and are prohibited in areas in which all utilities are located underground.

Commercial communication tower shall not be located in the front facade area of any structure.

Commercial communication tower shall be permitted along certain collector roads and arterial roads throughout the Municipality, regardless of the underlying zoning district. A listing of such roads is adopted via resolution of Municipal Council on an annual basis.

Time, place and manner. The Municipality shall determine the time, place and manner of construction, maintenance, repair and/or removal of all commercial communication tower in the ROW based on public safety, traffic management, physical burden on the ROW, and related considerations. For public utilities, the time, place and manner requirements shall be consistent with the police powers of the Municipality and the requirements of the Public Utility Code.

Equipment location. Commercial communication tower and related equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to otherwise create safety hazards to pedestrians and/or motorists or to otherwise inconvenience public use of the ROW as determined by the Municipality. In addition:

In no case shall ground-mounted related equipment, walls, or landscaping be located within 18 inches of the face of the curb.

Required electrical meter cabinets shall the screened to blend in with the surrounding area to the satisfaction of the Municipality.

Any graffiti on the tower or on any related equipment shall be removed at the sole expense of the owner.

Any underground vaults related to commercial communication towers shall be reviewed and approved by the Municipality.

Design regulations.

The WCF shall employ the most current stealth technology available in an effort to appropriately blend into the surrounding environment and minimize aesthetic impact. The application of the stealth technology chosen by the WCF applicant shall be subject to the approval of the Municipality.

Commercial communication tower in the public ROW shall not exceed 40 feet in height.

To the extent permissible under state and federal law, any height extensions to an existing commercial communication tower shall require prior approval of the Municipality, and shall not increase the overall height of the commercial communication tower to more than 40 feet.

Relocation or removal of facilities. Within 60 days following written notice from the Municipality, or such longer period as the Municipality determines is reasonably necessary or such shorter period in the case of an emergency, an owner of commercial communication tower in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any WCF when the Municipality, consistent with its police powers and applicable Public Utility Commission regulations, shall determine that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:

The construction, repair, maintenance or installation of any Municipality or other public improvement in the right-of-way;

The operations of the Municipality or other governmental entity in the right-of-way;

Vacation of a street or road or the release of a utility easement; or

An emergency as determined by the Municipality.

Reimbursement for ROW use. In addition to permit fees as described in this section, every commercial communication tower in the ROW is subject to the Municipality's right to fix annually a fair and reasonable fee to be paid for use and occupancy of the ROW. Such compensation for ROW use shall be directly related to the Municipality's actual ROW management costs including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other ROW management activities by the Municipality. The owner of each commercial communication tower shall pay an annual fee to the Municipality to compensate the Municipality for the Municipality's costs incurred in connection with the activities described above.

Editor's Note: This ordinance also repealed former Subsection DD, Commercial communication towers, as added 8-8-1995 by Ord. No. 1952.

EE.

Drive-in restaurant shall comply with the following:[8]^,[9]

[Amended 4-10-2018 by Ord. No. 2680]

A minimum of 140 feet of stacking lane is required for drive-through customers per serving window measured from the center of the serving window to the point at which the stacking lane inhibits pedestrian crossing/walkways, traffic aisles, parking spaces, or roadway rights-of-way. Measurement shall be made along the center line of the stacking lane.

No pedestrian crossing of the stacking lane shall be permitted.

A minimum of 80 feet of the stacking lane must be provided between the center of the order station and the center of the serving window, measured along the center line of the stacking lane.

The minimum stacking lane width shall be 10 feet per lane.

A maximum of three stacking lanes are permitted, one per serving window.

A minimum ten-foot-wide bypass lane shall be provided for vehicles to bypass the stacking lane(s) or to otherwise circulate through the parking lot.

(7)

In order to permit vehicles to exit the stacking lane prior to ordering, there shall be no impediment to vehicles escaping the stacking lane prior to or at the order station. While not required after the order station, permitting escape from the stacking lane to the bypass lane is encouraged.

(8)

Stacking lanes shall not inhibit site pedestrian crossing/walkways, traffic aisles, parking spaces, or roadway rights-of-way.

(9)

Provide at least 20 feet of ten-foot-wide lane after the serving window and before the nearest intersecting site pedestrian crossing/walkway, traffic aisle, parking space, or roadway right-of-way following the serving window to permit patrons the opportunity to verify they have received the correct order.

(10)

A circulation plan through the drive-through lane shall be provided with turning templates to accommodate a design vehicle to the Municipality's judgment.

Editor's Note: The Typical Drive-In Diagram is included as an attachment to this chapter.

Editor's Note: Former Subsection EE, Commercial communication antennas, added 10-8-1996 by Ord. No. 1995, was repealed 12-8-2015 by Ord. No. 2635.

FF.

Commercial commuter lots.

[Added 3-12-2002 by Ord. No. 2220]

A commercial commuter lot shall be located on lots with a minimum of five acres in size; shall have side and rear yards of not less than 20 feet when abutting nonresidential zoning districts, and 50 feet when abutting any R or S Zoning District; landscaping shall be provided at one tree per three off-street parking spaces, and shall be designed at the perimeter to provide an impervious screen, preventing direct view of parked vehicles from adjacent properties, and avoiding spillover light, glare, noise, and exhaust fumes onto adjacent properties, and designed interiorly to provide shade and visual relief.

Access.

A commercial commuter lot shall be located within 1,000 feet of an intersection of a principal arterial highway and a minor arterial highway, and shall provide a loading area for transit vehicles, either situated out of the road right-of-way or in the parking area, so as not to delay street traffic nor further congest area roadways. The commercial commuter lot shall be designed to have maneuvering space for those vehicles that utilize the commercial commuter lot, being able to travel the aisleways, enter and exit the lot and individual spaces without endangering themselves, other vehicles or pedestrians. No off-street parking space shall be located so that a vehicle will maneuver within 15 feet of a vehicle entrance or exit to the commercial commuter lot.

A commercial commuter lot may have a controlled access booth and gate for collection of fees and security. Any such structure shall be constructed of brick, located so that it does not conflict with the internal circulation of the parking lot nor block any parking spaces and compatible with the character of the surrounding neighborhood. Any driver of a vehicle utilizing this commercial commuter lot must be able to readily identify and distinguish queuing areas from other activities on site. Queuing lanes shall be separate from internal circulation drives. The controlled access booth must be set back to provide sufficient queuing area as not to allow vehicles to obstruct the public right-of-way area nor back into a public street. Any controlled access booth and gate shall not impede fire or emergency access.

Surfacing; layout.

A commercial commuter lot shall be surfaced with a permanent, all-weather surface, either bituminous or concrete, with proper stormwater detention facilities as required by Chapter 319, Stormwater Management, as amended, with continuous six-inch curbing. Parking perpendicular to the grade shall be permitted up to a grade of 5%; parking parallel to the grade shall be permitted up to a grade of 7%; no parking shall be permitted on grade in excess of 7%.

A commercial commuter lot shall have concrete bumper guards or wheel stops installed at all parking spaces.

A commercial commuter lot shall be divided into smaller parking fields, providing landscaped strips, peninsulas or grade separations at every 20 to 30 parking spaces, providing area for visual breaks, shade trees, pedestrian walkways and traffic circulation.

Size specifications.

A commercial commuter lot shall have off-street parking spaces and aisle widths meeting the following minimum specifications:

Parking Angle	90°	60°	45°	30°	Parallel
Stall width (feet)	9	9	9	9	8
Stall length (feet)	18	20	19	18	24
Aisle width (feet)
One-way	22	18	12	12	12
Two-way	24	24	24	24	24

The tandem parking of vehicles is prohibited within commercial commuter lots. Dead-end aisles are prohibited within commercial commuter lots.

All commercial commuter lots shall clearly provide a separation between vehicular and pedestrian traffic. Parking lot surface strips of brick-textured or colored paving and/or raised surface area shall be utilized to define pedestrian areas. Pavement intended for pedestrian traffic shall be stable, firm, skid-resistant and shall not have an irregular surface that is uncomfortable or dangerous to traverse.

A common area shall be situated adjacent to any public transportation transit stop, and shall include a passenger loading area that is located and landscaped to take advantage of solar orientation, provide protection from prevailing wind and to afford summer shade and winter sunshine. Additionally, benches or other type of seating shall be furnished, and other amenities such as a pay telephone, trash receptacles, drinking fountains, information kiosks and directories, and shelters shall be included to encourage the use of the commercial commuter lot by the commuting public. A maximum of three vending machines may be situated in the common area, and shall be placed within a sheltered or screened structure.

All commercial commuter lots shall be designed in compliance with the Americans with Disabilities Act as administered by the United States Department of Justice, with accessible parking spaces for cars being a minimum of 96 inches (eight feet) wide with an access aisle of 60 inches (five feet) wide, and vans being 96 inches (eight feet) wide with an access aisle of 96 inches (eight feet) wide. Two accessible parking spaces may share a common access aisle as provided in Figure 1. Parked vehicle overhangs shall not reduce the clear width of an accessible route. Parking spaces and access aisles shall be level with surface slopes not exceeding 1:50 (2%) in all directions.

Figure 1

Dimension of Parking Spaces

Accessible parking space requirements.

All commercial commuter lots shall meet the following accessible parking space ratio:

Total Number of Parking Spaces	Required Number of Accessible Parking Spaces
1 to 25	1
26 to 50	2
51 to 75	3
76 to 100	4
101 to 150	5
151 to 200	6
201 to 300	7
301 to 400	8
401 to 500	9
501 to 1,000	2% of total
1,001 and over	20 plus 1 for each 100 over 1,000

One in every eight accessible spaces, but not less than one, shall be served by an access aisle 96 inches wide minimum and shall be designated van accessible.

All accessible parking spaces shall be located with the shortest accessible route of travel from a public transportation transit stop; and any accessible route shall have a minimum clear width of 36 inches (three feet) wide.

All accessible parking spaces shall be designated as reserved and marked with proper signage showing the symbol of accessibility, including a symbol sign mounted on a pole and a symbol painted on the parking surface. Additional signage shall be provided notifying patrons of Municipality ordinances establishing a fee for the violation of parking in accessible parking areas.

(7)

Lighting.

A commercial commuter lot shall provide on-site lighting in all parking areas, aisles, turnarounds and pedestrian walkways, and shall be designed and arranged with a minimum 0.5 footcandle and not to exceed a maximum of 1.0 footcandle at the property lines bordering residential zoned properties.

All light poles, standards and fixtures shall be of a low-profile decorative variety and shall be compatible with the character of the surrounding neighborhood. Additionally, those light poles, standards and fixtures shall not exceed a height of 20 feet above grade level in areas abutting commercially zoned areas, and 14 feet above grade level in commercial commuter lots abutting R and S Zoning Districts.

(8)

A commercial commuter lot shall provide specially designated areas reserved for carpools/van pools, and shall be located in preferential areas of the commercial commuter lot, such as a close walking distance to the loading and unloading area of the public transportation transit stop, tree-shaded areas and sidewalk or plaza areas.

GG.

An oil and gas well may be approved under the provisions of this subsection if, and only if, it is found to meet the following criteria:

[Added 10-14-2008 by Ord. No. 2430; amended 12-9-2008 by Ord. No. 2437]

Both during and after construction, the disturbed area containing the gas or oil well shall be enclosed by an eight-foot-high metal chain-link fence to prevent access by unauthorized persons.

Movement of equipment to and from the site of an oil or gas well shall be subject in all respects to Section 10, Vehicle Weight Limits, of Ordinance No. 848, regulating traffic, parking and the impounding of vehicles.[10]

Editor's Note: Said ordinance is on file in the Municipal offices.

The minimization of the detrimental effect on the essential character of the neighborhood will be accomplished through a reduction in the hours of operation of the well drilling and site preparation and upon completion screening to reduce the visual impact to neighboring properties.

The granting of the right of inspection for the Municipality of Monroeville at all phases of construction and during drilling and in the reclamation, both in relation to the enforcement of this Subsection GG and § 359-26H and pursuant to the Municipality of Monroeville's enforcement rights under 58 P.S. § 601.504(b) of Pennsylvania's Oil and Gas Act.[11]

Editor's Note: The Oil and Gas Act was repealed 2-14-2012 by P.L. 87, No. 13. See now 58 Pa.C.S.A. § 3254.