Borough of Phoenixville, PA SUPPLEMENTAL REGULATIONS

Lighting, where required or permitted by this chapter, shall have intensities and uniformity ratios in accordance with the recommended practices of the Illuminating Engineering Society of North America (IESNA) as contained in the IESNA Lighting Handbook, 9th Edition or subsequent editions, or as contained in current publications of the IESNA Recommended Practices or Design Guides.

Examples of intensities for typical outdoor applications as extracted from the IESNA Lighting Handbook, 9th Edition, are presented below but are not intended to be all-inclusive nor are the listed uses deemed to be permitted uses within the Borough.

Use/Task		Maintained Footcandles	Uniformity Ratio
(a)	Streets, local commercial Streets, residential (when lighting is required)	0.9 avg. 0.4 avg.	6:1 avg:min 6:1 avg:min
(b)	Parking, residential (when lighting is required)	0.2 min.	5:1 avg:min*
(c)	Parking, e.g., shopping centers/fast-food facilities, recreational/civic/cultural events, office parks, hospitals, commuter lots, etc.	0.5 min.	5:1 avg:min*
(d)	Parking, e.g., neighborhood shopping, industrial employee parking, schools, churches	0.2 min.	5:1 avg:min*
(e)	Sidewalks
	• Commercial • Residential (when lighting is required)	1.0 avg. 0.5 avg.	5:1 avg:min 5:1 avg:min
(f)	Building entrances, commercial, industrial, institutional	5.0 avg.
(g)	Service station pump islands	20.0 avg.	4:1 avg:min
(h)	Car dealerships (front row/other sales areas)	20/10 max.	5:1 max:min

NOTES:
1.	Illumination levels are maintained horizontal footcandles on the task, e.g., pavement or area surface.
2.	Uniformity ratios dictate that average illuminance values shall not exceed minimum values by more than the product of the minimum value and the specified ratio, e.g., for high-activity commercial parking, the average illuminance shall not exceed 3.6 footcandles (0.9 x 4).
*	In no case shall the maximum to minimum uniformity ratio for parking be in excess of 20:1

Lighting Fixture Design.

Fixtures shall be of a type and design appropriate to the lighting application and aesthetically acceptable to the Borough.

For the lighting of predominantly horizontal surfaces, such as, but not limited to, roadways, areas of vehicular and pedestrian passage, merchandising and storage areas, automotive-fuel-dispensing facilities, automotive sales areas, loading docks, culs-de-sac, active and passive recreational areas, building entrances, sidewalks, paths, site entrances and parking areas, fixtures shall be aimed straight down and shall meet IESNA full-cutoff criteria, unless the aggregate wattage per fixture does not exceed the output of a standard sixty-watt incandescent lamp, in which case noncutoff fixtures shall be permitted.

For the lighting of nonhorizontal surfaces, such as, but not limited to, facades, landscaping, signs, fountains, displays, flags and statuary, the use of lighting not meeting IESNA full-cutoff criteria shall be permitted only with the approval of the Borough Council or its designee, based upon acceptable glare control (approval shall not be required if the aggregate wattage per fixture does not exceed the output of a standard sixty-watt incandescent lamp, i.e., 1,000 lumens).

"Barn lights," aka "dusk-to-dawn lights," shall not be permitted where they are visible from other uses or properties, unless fitted with a reflector or shield to render them full cutoff.

Control of Nuisance and Disabling Glare.

All outdoor lighting, whether or not required or permitted by this chapter, on private, residential, commercial, industrial, municipal, recreational or institutional property, shall be aimed, located, designed, fitted and maintained so as not to present a hazard to drivers or pedestrians by impairing their ability to safely traverse and so as not to create a nuisance by projecting or reflecting objectionable light onto a neighboring use or property.

Floodlights, spotlights and omnidirectional fixtures, regardless of whether for residential or nonresidential applications, shall be so installed or aimed that they do not project their output into the windows of neighboring residences, adjacent uses, skyward or onto a public roadway or pedestrian way.

Unless Borough Council specifically approves night lighting, lighting for commercial, industrial, public recreational and institutional uses shall be controlled by automatic switching devices such as time clocks or combination motion detectors and photocells, to extinguish outdoor lighting at the close of business, but no later than 11:00 p.m.

Lighting proposed for use after 11:00 p.m., or after normal hours of operation of a business, whichever is earlier, for commercial, industrial, institutional or municipal applications, shall be reduced by at least 50% from the levels normally required by this chapter, from then until dawn.

All illumination for advertising signs, buildings and/or surrounding landscapes for decorative, advertising or aesthetic purposes is prohibited between 11:00 p.m. and sunrise, except that such lighting situated on the premises of a commercial establishment may remain illuminated while the establishment is actually open for business and until one hour after closing.

Only the United States and state flags shall be permitted to be illuminated from dusk till dawn, and each flag shall be illuminated by a single source with a beam spread no greater than necessary to illuminate the flag. Flag lighting sources shall not exceed 10,000 lumens per flagpole.

Vegetation screens shall not be employed to serve as the primary means for controlling glare. Rather, glare control shall be achieved primarily through the use of such means as cutoff fixtures, shields and baffles, and appropriate application of fixture mounting height, wattage, aiming angle and placement.

The intensity of illumination projected onto a residential property from another property shall not exceed 0.1 vertical footcandle, measured line-of-sight, from any point on the adjacent residential property.

Externally illuminated signs and billboards shall be lighted by fixtures mounted at the top of the sign and aimed downward and shall also be subject to additional standards as set forth in the sign regulations of this chapter. Such lighting shall be automatically extinguished between the hours of 11:00 p.m. and dawn. The fixtures shall be designed, fitted or aimed to concentrate the light output onto and not beyond the sign or billboard.

Directional fixtures, e.g., floodlights or spotlights, for such applications as facade, fountain, feature, recreational and landscape illumination, shall be aimed so as not to project their output beyond the objects intended to be illuminated, and shall be extinguished between the hours of 11:00 p.m. and dawn, except as otherwise provided for herein.

The use of white strobe lighting for tall structures, such as smokestacks, chimneys and radio/communications/television towers, is prohibited during hours of darkness, except as specifically required by the FAA.

Lighting fixtures that light the area under outdoor canopies shall have flat lenses and shall be shielded in such a manner that no light is emitted above a horizontal plane passing through the lowest point of the light-emitting element.

Installation.

Electrical feeds for fixtures mounted on poles shall be run underground, not overhead.

Lighting standards to the rear of parking spaces shall be placed a minimum of five feet outside paved area, curbing or tire stops, or on concrete pedestals at least 30 inches high above the pavement, or suitably protected by other approved means.

Fixtures meeting IESNA full-cutoff criteria shall not be mounted in excess of 20 feet above finished grade of the area being illuminated.

Fixtures not meeting IESNA full-cutoff criteria shall not be mounted in excess of 16 feet above the grade of the area being illuminated.

Maintenance.

Lighting fixtures and ancillary equipment shall be maintained so as always to meet the requirements of this chapter.

Recreational Lighting.

When facilities for such outdoor recreational activities as baseball, tennis, football, golf driving ranges, and miniature golf are specifically permitted by the Borough for operation during hours of darkness, the following requirements shall apply:

Lighting shall be accomplished only through the use of fixtures conforming to IESNA full-cutoff criteria, or as otherwise approved by the Borough based on suitable control of glare and light trespass.

For new recreational facilities and recreational facilities wishing to change their hours of operation during hours of darkness, sporting events shall be timed so that all lighting in the sports facility, other than lighting for safe exit of patrons, shall be extinguished by 11:00 p.m., regardless of such occurrences as extra innings or overtimes.

The foregoing outdoor recreational activities shall not be illuminated if located within any residential district or sited on a nonresidential property located within 1,200 feet of a residential use.

Maximum mounting heights for recreational lighting shall be in accordance with the following:

Basketball: 20 feet.

Football/golf: 70 feet.

Soccer: 70 feet.

Little League baseball:

Two-hundred-foot radius: 60 feet.

Three-hundred-foot radius: 70 feet.

Miniature golf: 20 feet.

(f)

Tennis: 20 feet.

(g)

Track: 20 feet.

Plan Submission.

For subdivision and land development applications where site lighting is required or proposed, lighting plans shall be submitted to the Borough for review and approval with any preliminary or final subdivision/land development plan application, and with any conditional use, special exception, variance application or any building permit where requested, and shall include:

A site plan, complete with all structures, parking spaces, building entrances, traffic areas (both vehicular and pedestrian), vegetation that might interfere with lighting, and adjacent uses that might be adversely impacted by the lighting, and a layout of all proposed fixtures by location, mounting height and type. The submittal shall include, in addition to area lighting, exterior architectural lighting, building entrance lighting, landscape lighting, etc.

A ten-foot-by-ten-foot illuminance grid (point-by-point) plot of maintained footcandles, plotted out to 0.0 footcandle, which demonstrates compliance with the light trespass, intensity and uniformity requirements as set forth in this chapter or as otherwise required by the Borough. The lamp lumen rating and type, maintenance (light-loss) factors and IES file names used in calculating the illuminance levels shall be documented on the plan.

A description of the proposed equipment, including fixture catalog cuts, photometries, glare-reduction devices, lamps, on/off control devices, mounting heights, pole foundation details and mounting methods.

When requested by the Borough, the applicant shall also submit a visual-impact plan that demonstrates appropriate steps have been taken to mitigate on-site and off-site glare and light trespass and taken to retain the Borough's intended character.

Plan Notes. The following notes shall appear on the lighting plans:

Post-approval alterations to lighting plans or intended substitutions for approved lighting equipment shall be submitted to the Borough for review and approval.

The Borough reserves the right to conduct post-installation nighttime inspections to verify compliance with the requirements of this chapter and as otherwise agreed upon by the Borough, and if appropriate, to require remedial action at no expense to the Borough.

Compliance Monitoring.

Safety Hazards.

If appropriate officers or agents of the Borough judge a lighting installation creates a safety or personal-security hazard, the person(s) responsible for the lighting shall be notified in writing and required to take remedial action.

If appropriate corrective action has not been effected within 30 days of written notification, the Borough may commence legal action as provided for in the Borough Zoning Ordinance.

Nuisance Glare and Inadequate Illumination Levels.

When appropriate officers or agents of the Borough judge an installation produces unacceptable levels of nuisance glare, direct skyward light, excessive or insufficient illumination levels or otherwise varies from this chapter, the Borough may cause written notification of the person(s) responsible for the lighting and require appropriate remedial action.

If appropriate corrective action has not been effected within 30 days of notification, the Borough may commence legal action as provided for in the Borough Zoning Ordinance.

Nonconforming Lighting.

Any lighting fixture or lighting installation existing on the effective date of this chapter that does not conform with the requirements of this chapter shall be considered as a lawful nonconformance, subject to the following:

Unless minor corrective action is deemed by the Borough to be an acceptable alternative, a nonconforming lighting fixture or lighting installation shall be made to conform with the applicable requirements of this chapter when:

It is deemed by the Borough to create a nuisance or safety hazard;

It is replaced or relocated; or

The use is abandoned or there is a change in use of the property on which the area being illuminated is located.

Abatement of Nuisances.

In addition to any other remedies provided in this chapter, any violation of the regulations controlling lighting and disabling glare shall constitute a nuisance and shall be abated by the Borough by either seeking mitigation of nuisance or appropriate equitable or legal relief from a court of competent jurisdiction, including enforcement under the Borough's ordinance.

§ 27-602 Surface Land Uses Affiliated with Transmission Pipelines. [1]

[Ord. No. 2020-2313, 4/14/2020]

The purpose of this section shall be to:

Accommodate the need for surface land uses affiliated with transmission pipelines consistent with the desire to protect the health, safety and welfare of the citizens of the Borough.

Minimize aesthetic, nuisance and visual impacts of surface land uses affiliated with transmission pipelines through proper design, siting and vegetative screening.

Ensure the location of surface land uses affiliated with transmission pipelines is in compliance with applicable government and industry standards, including standards administered by the Federal Energy Regulatory Commission (FERC), the Pennsylvania Oil and Gas Act, as amended, and Pennsylvania case law.

Preserve the character of neighborhoods adjacent to surface land uses affiliated with transmission pipelines.

Use provisions.

Permitted by Right. Surface land uses affiliated with transmission pipelines shall be permitted as a principal use by right in districts within bounds of the Laurel Pipeline Company/Buckeye Partners existing easement or right-of-way as of April 14, 2020, where underground pipelines exist or are proposed. Such uses shall meet the dimensional requirements, including but not limited to area and bulk standards, of districts. Applicants are required to demonstrate to the satisfaction of the Borough that the requirements of Subsection 3, Standards for Surface Land Uses Affiliated with Transmission Pipelines, can be met.

Permitted by Conditional Use. Except as otherwise designated in Subsection 2C below, surface land uses affiliated with transmission pipelines shall be conditionally permitted as a principal use in all other zoning districts when adjacent to and within 100 feet of underground transmission pipelines that exist as of the date of adoption of this section. Applicants are required to demonstrate to the satisfaction of the Borough that the requirements of Subsection 3, Standards for Surface Land Uses Affiliated with Transmission Pipelines, and § 27-905, Conditional Uses, can be met. In addition, such uses shall meet the dimensional requirements, including but not limited to area and bulk standards, of the underlying district.

Prohibited. Surface land uses affiliated with transmission pipelines shall be prohibited in historic districts as defined in Chapter 12, Historic District.

Standards for Surface Land Uses Affiliated with Transmission Pipelines. The following standards will be considered by the Borough prior to permitting surface land uses affiliated with transmission pipelines:

Setbacks. While these setbacks originated in amendments to the Pennsylvania Oil and Gas Act (Act 13 of 2012), the Borough intends to monitor emerging science on setback safety and revise these standards periodically, and so unless otherwise approved by Borough Council, the applicant shall demonstrate that the setbacks for surface land uses affiliated with transmission pipelines and all supporting equipment to any property line or right-of-way shall be 1) consistent with the minimum setback in the underlying zoning district; or 2) a minimum of 750 feet from residential buildings and all commercial, industrial and institutional uses, or a minimum of 500 feet from the nearest lot line, whichever is greater; provided, however, that these setbacks may be modified by the Borough pursuant to the type of material being managed at the surface land use affiliated with transmission pipelines, whether the use is adjacent to areas of high on-site population, and the current status of science regarding safety protocols in proximity to pipelines or surface land uses affiliated with transmission pipelines. The Borough shall, on a case-by-case basis, determine if increased setbacks are warranted consistent with the potential impact radius (PIR), defined by the relationship between the diameter of the adjacent pipeline (and appurtenances) and its maximum operating pressure (See Ch. 22, Attachment 4.), whether high on-site populations are located in close proximity (often referred to as "high consequence areas"), and whether more than one transmission pipeline (such as coupled lines) will be managed at the surface land use affiliated thereto. The PIR approach is applicable only to surface land uses affiliated with gas or petroleum gas transmission pipelines as defined by 49 CFR 192.3, as amended and incorporated herein by reference. Surface land uses affiliated with transmission pipelines carrying hazardous liquids, as defined by 49 CFR 195.2, as amended and incorporated herein by reference, shall adhere to the setback standards contained in this subsection.

Landscaping. The applicant shall provide a plan prepared by a landscape architect licensed in Pennsylvania showing landscaping proposed to be installed to screen and buffer surface land uses affiliated with transmission pipelines. The landscape plan shall incorporate the use of a decorative fence pursuant to § 27-607, surrounded by a mix of native vegetation, including evergreens, shrubbery and trees, which shall not be less than the height of the fence and shall be of sufficient density to screen the facility. Existing vegetation in proximity to surface land uses affiliated with transmission pipelines shall be preserved to the greatest extent possible. Applicants shall submit a visual survey from mutually agreed upon vantage points in order to support the proposed landscaping plan's mitigation of visual impacts.

Noise. Sound produced by the surface land use affiliated with transmission pipelines shall not result in noise or vibration clearly exceeding the average intensity of noise or vibration occurring from other causes at the property line; in no case shall the sound pressure level exceed 60 dB(A) according to the American National Standards Institute (ANSI) A-weighted scale at the property line closest to the land use.

Odors. Odor, vapors or particulate matter produced by the surface land use affiliated with transmission pipelines shall not exceed the average emission of such substances occurring from other causes at the property line. Specific contaminants shall be regulated by Pa. Code, Title 25, Environmental Protection, Part 1, Subpart C, Article III, Air Resources, as amended and incorporated herein by reference.[2]

[2]

Editor's Note: See 25 Pa. Code § 121.1 et seq.

Signage. All signs, other than utility identification signs, appropriate warning signs, or owner identification signs, shall be prohibited. There shall be no antennas, advertising, or other items or material affixed to or otherwise placed on surface land uses affiliated with transmission pipelines, except as permitted by the Borough.

Parking. If the surface land use affiliated with transmission pipelines is fully automated, adequate parking shall be required for maintenance workers. If the site is not automated, the number of parking spaces shall be equal to the number of people on the largest shift. Parking spaces shall be located within the decorative fence and landscape buffer area so they are substantially concealed when viewed from surrounding properties.

Lighting. No surface land use affiliated with pipeline utilities shall be artificially lighted except as required for emergency nighttime access. Any such lights shall be shielded so as to prevent intrusion upon nearby properties.

Engineered Drawing Submission. Applications for a land use affiliated with pipeline utilities shall be accompanied by engineering drawings prepared by an engineer licensed in Pennsylvania. The applicant shall show that all applicable Commonwealth of Pennsylvania and U.S. standards for the construction, operation, and maintenance of the proposed facility are met.

Design. The applicant proposing a surface land use affiliated with transmission pipelines must demonstrate that the structure is designed to blend in with or mimic existing structures in the landscape such as residential outbuildings or other uses permitted in the underlying districts.

Visual Impact. Any surface land use affiliated with transmission pipelines shall be designed and constructed so as to mitigate the visual impact from public roads and nearby uses. In addition, the color and other visual features of the land use affiliated with pipeline utilities shall be designed and installed in such a manner so as to create the least visual impact practicable. The applicant shall demonstrate compliance with this section by, among other things, providing photographic perspectives of the proposed site from all sides of the property, adjacent roadways and neighboring properties (with permission of the owners).

Need. The applicant for a surface land use affiliated with transmission pipelines is required to demonstrate, using scientific and technological evidence, that the facility must be located where it is proposed in order to satisfy its function in the company's pipeline system and demonstrate that there is a need for this facility at the location where it will be located.

State and Federal Regulation. All applicants, whether commercial pipeline companies or otherwise, must demonstrate the submission of sufficient filings and/or receive sufficient approvals, as required, through the Federal Energy Regulatory Commission (FERC), the Pipeline and Hazardous Materials Safety Administration (PHMSA), and the Commonwealth of Pennsylvania, including but not limited to the Pennsylvania Department of Environmental Protection (PADEP) and/or the Pennsylvania Public Utilities Commission (PA PUC). Such documentation is not required as part of the initial application to the Borough but must be provided prior to actual use.

Removal of Surface Land Uses Affiliated with Transmission Pipelines. Any surface land uses affiliated with transmission pipelines that are no longer licensed and active shall be removed and the site restored to its original condition at the owner's expense within 60 days of the last date that the facility was licensed by PADEP and FERC. A bond or escrow account shall be posted with the Borough in an amount sufficient to ensure such removal and site restoration prior to the construction of the facility. The applicant shall have prepared and shall submit to the Borough to accompany the bond or escrow account an estimate of the cost necessary to remove the surface land use facility associated with the pipeline and restore the site to its preconstruction condition.

[1]

Editor’s Note: Former § 27-602, Noise, as amended, was repealed 10/9/2018 by Ord. No. 2018-2294. For noise provisions, see Ch. 6, Conduct, Part 4, Noise, in this Code.

§ 27-603 Odors.

[Ord. 2227, 12-10-2013]

Emissions Restricted. No use shall emit odorous gases or other odorous matter in such quantities as to be offensive at any point on or beyond its lot lines. The guide for determining such quantities of offensive odors shall be the 50% level of Table 1 (Odor Thresholds in Air) from Research on Chemical Odors: Part I — Odor Thresholds for 53 Commercial Chemicals (Manufacturing Chemists Association, Inc., Washington, D.C.; October 1968).

Agricultural and Horticultural Uses. Subsection 1 above shall not apply to odors normally created as a part of an agricultural or horticultural use, except that no animal waste produced off of the property shall be stockpiled, unless processed to eliminate all offensive odors.

§ 27-604 Traffic.

[Ord. 2227, 12-10-2013]

No structure or article, other than a motor vehicle, may be located in an on-street parking space.

No recreational vehicle may be parked upon a public street or alleyway. "Recreational vehicle" is defined as any boat, camper, trailer, travel trailer, pickup camper, tent trailer, motorized dwelling, and/or car or truck used for the purpose of transporting such devices.

No vehicle having a capacity over 10,000 pounds' gvw shall be parked upon any Borough street or right-of-way.

§ 27-605 Wireless Communications Facilities.

[Ord. 2227, 12-10-2013; as amended by Ord. 2236, 7/8/2014]

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 Phoenixville Borough. While the Borough recognizes the importance of wireless communications facilities in providing high-quality communications service to its residents and businesses, the Borough 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 this section, the Borough intends to:

Promote the health, safety and welfare of Borough residents and businesses with respect to wireless communications facilities;

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 Borough 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 tower-based and non-tower-based wireless communications facilities in the Borough, 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, cable wi-fi and other wireless communications facilities.

Encourage the co-location of wireless communications facilities on existing structures rather than the construction of new tower-based structures;

Protect Borough residents from potential adverse impacts of wireless communications facilities and preserve, to the extent permitted under law, the visual character of established communities and the natural beauty of the landscape; and

Update the Borough's wireless facilities regulations to incorporate changes in federal and state laws and regulations.

General Requirements for All Tower-Based Wireless Communications.

The following regulations shall apply to all tower-based wireless communications facilities:

Standard of Care. Any tower-based WCF 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 tower-based 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 Borough.

Wind. Any tower-based WCF structures shall be designed to withstand the effects of wind according 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-G, as amended).

Height. Any tower-based WCF shall be designed at the minimum functional height and shall not exceed a maximum total height of 150 feet, which height shall include all subsequent additions or alterations. All tower-based WCF applicants must submit documentation to the Borough justifying the total height of the structure.

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

Maintenance. The following maintenance requirements shall apply:

Any tower-based WCF 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 Borough's residents.

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

Radio Frequency Emissions. No tower-based WCF may, 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.

Historic Buildings or Districts. No tower-based WCF may be located on a building or structure that is listed on either the National or Pennsylvania Register of Historic Places or the official historic structures and/or historic districts list maintained by the Borough, or that has been designated by the Borough as being of historic significance.

Identification. All tower-based WCFs shall post a notice in a readily visible location identifying the name and phone number of a party to contact in the event of an emergency, subject to approval by the Borough.

Lighting. Tower-based WCFs shall not be artificially lighted, except as required by law and as may be approved by the Borough. If lighting is required, the applicant shall provide a detailed plan for sufficient lighting, demonstrating as unobtrusive and inoffensive an effect as is permissible under state and federal regulations.

Appearance. Towers shall be galvanized and/or painted with a rust-preventive paint of an appropriate color to harmonize with the surroundings.

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

Aviation Safety. Tower-based WCFs shall comply with all federal and state laws and regulations concerning aviation safety.

(13)

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

(14)

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

(15)

Nonconforming Uses. Nonconforming tower-based WCFs 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.

(16)

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

All unused or abandoned tower-based WCFs 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 Borough.

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 Borough, the WCF and accessory facilities and equipment may be removed by the Borough and the cost of removal assessed against the owner of the WCF.

Any unused portions of tower-based WCFs, including antennas, shall be removed within six months of the time of cessation of operations. The Borough must approve all replacements of portions of a tower-based WCF previously removed.

(17)

Permit Fees. The Borough may assess appropriate and reasonable permit fees directly related to the Borough's actual costs in reviewing and processing the application for approval of a tower-based WCF, as well as related inspection, monitoring and related costs in accordance with the Master Schedule of Fees.

Tower-Based Facilities Outside the Rights-of-Way.

The following regulations shall apply to tower-based wireless communications facilities located outside the rights-of-way:

Development Regulations:

Prohibited in Residential Zones. No tower-based WCF shall be located in a district zoned residential or within 500 feet of a lot in residential use or a residential district boundary. Tower-based WCFs are permitted only in such districts as specified in Articles XI, XV, XVI, and XXVI of this chapter.[1]

[1]

Editor's Note: So in original. Refers to zoning districts from prior Zoning Ordinance.

Gap in Coverage. An applicant for a tower-based WCF must demonstrate that a significant gap in wireless coverage exists with respect to all wireless operators 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 Borough's decision on an application for approval of tower-based WCFs.

Sole Use on a Lot. A tower-based WCF is permitted as a sole use on a lot subject to the minimum lot area and yards complying with the requirements for the applicable zoning district.

Combined with Another Use. A tower-based WCF may be permitted on a property with an existing use or on a vacant parcel in combination with another industrial, commercial, institutional or municipal use, subject to the following conditions:

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

Minimum Lot Area. The minimum lot shall comply with the requirements for the applicable district and shall be the area needed to accommodate the tower-based WCF and guy wires, the equipment building, security fence, and buffer planting.

Minimum Setbacks. The tower-based WCF and accompanying equipment building shall comply with the requirements for the applicable zoning district, provided that no tower-based WCF shall be located within 500 feet of a lot in residential use or a residential district boundary.

Notice. Upon receipt of an application for a tower-based WCF, the Borough shall mail notice thereof to the owner or owners of every property zoned residential on the same street within 50 linear feet of the parcel or property of the proposed facility and of every property zoned residential not on the same street within 500 feet of the parcel or property of the proposed facility.

(f)

Co-location. An application for a new tower-based WCF shall not be approved unless the Borough finds that the wireless communications equipment planned for the proposed tower-based WCF cannot be accommodated on an existing or approved structure or building. Any application for approval of a tower-based WCF shall include a comprehensive inventory of all existing towers and other suitable structures within a two-mile radius from the point of the proposed tower, unless the applicant can show to the satisfaction of the Borough that a different distance is more reasonable and shall demonstrate conclusively why an existing tower or other suitable structure cannot be utilized.

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 Borough.

Any height extensions to an existing tower-based WCF shall require prior approval of the Borough. The Borough reserves the right to deny such requests based upon aesthetic and land use impact, or any other lawful considerations related to the character of the Borough.

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

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 Borough complying with the standards of Appendix G: Geotechnical Investigations, ANSI EIA/TIA 222, as amended, to document and verify the design specifications of the foundation of the tower-based WCF, and anchors for guy wires, if used.

Fence/Screen:

A security fence having a maximum height of six feet shall completely surround any tower-based WCF, guy wires, or any building housing WCF equipment.

An evergreen screen that consists of a hedge or a row of evergreen trees shall be located along the perimeter of the security fence.

The WCF applicant shall submit a landscape plan for review and approval by the Borough planning consultant for all proposed screening.

Accessory Equipment:

Ground-mounted equipment associated to, or connected with, a tower-based WCF shall be underground. In the event that an applicant can demonstrate that the equipment cannot be located underground to the satisfaction of the Borough Engineer, then the ground-mounted equipment shall be screened from public view using stealth technologies, as described above.

All 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.

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

Access Road. An access road, turnaround space and parking shall be provided to ensure adequate emergency and service access to the tower-based WCF. Maximum use of existing roads, whether public or private, shall be made to the extent practicable. Road construction shall at all times minimize ground disturbance and the cutting of vegetation. 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 Borough that the property owner has granted an easement for the proposed facility.

Bond. Prior to the issuance of a permit, the owner of a tower-based WCF outside the right-of-way shall, at its own cost and expense, obtain from a surety licensed to do business in Pennsylvania and maintain a bond or other form of security acceptable to the Borough Solicitor, in an amount of $100,000, to assure the faithful performance of the terms and conditions of this section. The bond shall provide that the Borough may recover from the principal and surety any and all compensatory damages incurred by the Borough for violations of this section, after reasonable notice and opportunity to cure. The owner shall file the bond with the Borough.

Visual or Land Use Impact. The Borough reserves the right to deny an application for the construction or placement of any tower-based WCF based upon visual and/or land use impact.

Inspection. The Borough reserves the right to inspect any tower-based WCF to ensure compliance with the provisions of this section and any other provisions found within the Borough Code or state or federal law. The Borough 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.

Tower-Based Facilities in the Rights-of-Way.

The following regulations shall apply to tower-based wireless communications facilities located in the rights-of-way:

Prohibited in Residential Zones. No tower-based WCF shall be located within a residential zone or within 500 feet of a lot in residential use or a residential district boundary. Tower-based WCFs are only permitted in such districts as specified in Articles XI, XV, XVI and XXVI of this chapter.[2]

[2]

Editor's Note: So in original. Refers to zoning districts from prior Zoning Ordinance.

Gap in Coverage. An applicant for a tower-based WCF must demonstrate that a significant gap in wireless coverage exists with respect to all wireless operators 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 Borough's decision on an application for approval of tower-based WCFs in the right-of-way.

Notice. Upon receipt of an application for a tower-based WCF, the Borough shall mail notice thereof to the owner or owners of every property zoned residential on the same street within 500 linear feet of the property or parcel of the proposed facility and of every property zoned residential not on the same street within 500 feet of the parcel or property of the proposed facility.

Co-location. An application for a new tower-based WCF in the right-of-way shall not be approved unless the Borough finds that the proposed wireless communications equipment cannot be accommodated on an existing structure, such as a utility pole or traffic light pole. Any application for approval of a tower-based WCF shall include a comprehensive inventory of all existing towers and other suitable structures within a one-mile radius from the point of the proposed tower, unless the applicant can show to the satisfaction of the Borough that a different distance is more reasonable and shall demonstrate conclusively why an existing tower or other suitable structure cannot be utilized.

Time, Place and Manner. The Borough shall determine the time, place and manner of construction, maintenance, repair and/or removal of all tower-based WCFs in the right-of-way based on public safety, traffic management, physical burden on the right-of-way, and related considerations. For public utilities, the time, place and manner requirements shall be consistent with the police powers of the Borough and the requirements of the Public Utility Code.

Equipment Location. Tower-based WCFs and accessory 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 right-of-way as determined by the Borough. In addition:

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

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

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

Any graffiti on the tower or on any accessory equipment shall be removed at the sole expense of the owner in accordance with Chapter 6, Part 10, Graffiti, of the Code of Ordinances of the Borough of Phoenixville.

Any underground vaults related to tower-based WCFs shall be reviewed and approved by the Borough.

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 Borough.

Any height extensions to an existing tower-based WCF shall require prior approval of the Borough, and shall not increase the overall height of the tower-based WCF to more than 150 feet. The Borough reserves the right to deny such requests based upon aesthetic and land use impact, or any other lawful considerations related to the character of the Borough.

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

Visual or Land Use Impact. The Borough reserves the right to deny the construction or placement of any tower-based WCF in the right-of-way based upon visual and/or land use impact.

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

Relocation or Removal of Facilities. Within 60 days following written notice from the Borough, or such longer period as the Borough determines is reasonably necessary or such shorter period in the case of an emergency, an owner of a tower-based WCF in the right-of-way shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any WCF when the Borough, 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 Borough or other public improvement in the right-of-way;

The operations of the Borough 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 Borough.

Compensation for Right-of-Way Use. In addition to permit fees as described in § 27-1101 of this chapter, every tower-based WCF in the right-of-way is subject to the Borough's right to fix annually a fair and reasonable compensation to be paid for use and occupancy of the right-of-way. Such compensation for right-of-way use shall be directly related to the Borough's actual right-of-way management costs, including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other right-of-way management activities by the Borough. The owner of each tower-based WCF shall pay an annual fee to the Borough to compensate the Borough for the Borough's costs incurred in connection with the activities described above. The annual right-of-way management fee for tower-based WCFs shall be determined by the Borough and authorized by resolution of Borough Council and shall be based on the Borough's actual right-of-way management costs as applied to such tower-based WCF.

Bond. Prior to the issuance of a permit, the owner of a tower-based WCF in the right-of-way shall, at its own cost and expense, obtain from a surety licensed to do business in Pennsylvania and maintain a bond, or other form of security acceptable to the Borough Solicitor, in an amount of $100,000, to assure the faithful performance of the terms and conditions of this section. The bond shall provide that the Borough may recover from the principal and surety any and all compensatory damages incurred by the Borough for violations of this Section, after reasonable notice and opportunity to cure. The owner shall file a copy of the bond with the Borough.

(13)

Specific Prohibitions. The installation of small wireless facilities are specifically prohibited on tower-based facilities in the rights-of-way.

[Added by Ord. No. 2021-2336, 10/12/2021]

General Requirements for All Non-Tower Wireless Communications Facilities.

The following regulations shall apply to all non-tower wireless communications facilities that do not substantially change the physical dimensions of the wireless support structure to which they are attached:

Permitted in All Zones Subject to Regulations. Non-tower WCFs are permitted in all zones, subject to the restrictions and conditions prescribed below and subject to the prior written approval of the Borough.

[3]Standard of Care. Any non-tower WCF 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 Borough.

[3]

Editor's Note: Former Subsection 5A(2), regarding notice, was repealed by Ord. No. 2021-2336, 10/12/2021. This ordinance also renumbered former Subsection 5A(3) through (10) as Subsection 5A(2) through (9), respectively.

Wind. Any non-tower WCF structures shall be designed to withstand the effects of wind according 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 EIN/TIA-22-G, as amended).

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

Aviation Safety. Non-tower WCFs shall comply with all federal and state laws and regulations concerning aviation safety.

Radio Frequency Emissions. No non-tower WCF may, 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 non-tower WCF is discontinued, the owner shall provide written notice to the Borough of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned WCFs or portions of WCFs shall be removed as follows:

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

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

Timing of Approval. Time frame for review and action (approval or denial) on wireless facilities applications is as follows:

[Amended by Ord. No. 2021-2336, 10/12/2021]

Sixty days for collocation on existing poles.

Ninety days for new or replacement poles.

Applicants may resubmit without additional fees within 30 days of a denial.

The Borough shall have an additional 30 days to make a decision on the resubmitted application.

Permit Fees. The Borough may assess appropriate and reasonable permit fees directly related to the Borough's actual costs in reviewing and processing the application for approval of a non-tower WCF in accordance with the Master Schedule of Fees.

The following regulations shall apply to all non-tower wireless communications facilities that substantially change the wireless support structure to which they are attached:

[4]Standard of Care. Any non-tower WCF 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 Borough.

[4]

Editor's Note: Former Subsection 5B(2), regarding notice, was repealed by Ord. No. 2021-2336, 10/12/2021. This ordinance also renumbered former Subsection 5B(3) through (14) as Subsection 5B(2) through (13), respectively.

Historic Buildings. Non-tower WCFs may not be located on a building or structure that is listed on either the National or Pennsylvania Register of Historic Places or the official historic structures and/or historic districts lists maintained by the Borough, or which has been designated by the Borough as being of historic significance.

Aviation Safety. Non-tower WCFs shall comply with all federal and state laws and regulations concerning aviation safety.

Maintenance. The following maintenance requirements shall apply:

The non-tower WCF 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 Borough's residents.

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

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

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

Timing of Approval. Time frame for review and action (approval or denial) on wireless facilities applications is as follows:

[Amended by Ord. No. 2021-2336, 10/12/2021]

Sixty days for collocation on existing poles.

Ninety days for new or replacement poles.

Applicants may resubmit without additional fees within 30 days of a denial.

The Borough shall have an additional 30 days to make a decision on the resubmitted application.

Retention of Experts. The Borough may hire any consultant(s) and/or expert(s) necessary to assist the Borough 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 this section. The applicant and/or owner of the WCF shall reimburse the Borough for all costs of the Borough's consultant(s) in providing expert evaluation and consultation in connection with these activities.

Bond. Prior to the issuance of a permit, the owner of each individual non-tower WCF shall, at its own cost and expense, obtain from a surety licensed to do business in Pennsylvania and maintain a bond, or other form of security acceptable to the Borough Solicitor, in the amount of $25,000, for each individual non-tower WCF, to assure the faithful performance of the terms and conditions of this section. The bond shall provide that the Borough may recover from the principal and surety any and all compensatory damages incurred by the Borough for violations of this section, after reasonable notice and opportunity to cure. The owner shall file a copy of the bond with the Borough.

(13)

Permit Fees. The Borough may assess appropriate and reasonable permit fees directly related to the Borough's actual costs in reviewing and processing the application for approval of a non-tower WCF, as well as related inspection, monitoring and related costs, in accordance with the Master Schedule of Fees.

Non-Tower Wireless Communications Facilities Outside the Rights-of-Way.

The following additional regulations shall apply to non-tower wireless communications facilities located outside the rights-of-way that substantially change the wireless support structure to which they are attached:

Development Regulations. Non-tower WCFs shall be co-located on existing structures such as existing buildings or tower-based WCFs, subject to the following conditions:

Such WCF does not exceed a maximum height of 150 feet.

If the WCF applicant proposes to locate the communications equipment in a separate building, the building shall comply with the minimum requirements for the applicable zoning district.

A six-foot-high security fence shall surround any separate communications equipment building. Vehicular access to the communications equipment building shall not interfere with the parking or vehicular circulation on the site for the principal use.

Design Regulations.

Non-tower WCFs shall employ stealth technology and be treated to match the supporting 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 Borough.

Non-tower WCFs which are mounted to a building or similar structure may not exceed a height of 15 feet above the roof or parapet, whichever is higher, unless the WCF applicant obtains a conditional use permit.

All non-tower WCF applicants must submit documentation to the Borough justifying the total height of the non-tower structure. Such documentation shall be analyzed in the context of such justification on an individual basis.

Antennas, and their respective accompanying support structures, shall be no greater in diameter than any cross-sectional dimension than is reasonably necessary for their proper functioning.

Noncommercial Usage Exemption. The design regulations enumerated in this Subsection 6A(2) shall not apply to direct broadcast satellite dishes installed for the purpose of receiving video and related communications services at residential dwellings.

Removal, Replacement, Modification.

The removal and replacement of non-tower WCFs and/or accessory equipment for the purpose of upgrading or repairing the WCF is permitted, so long as such repair or upgrade does not increase the overall size of the WCF or the number of antennas.

Any material modification to a wireless telecommunication facility shall require a prior amendment to the original permit or authorization.

Visual or Land Use Impact. The Borough reserves the right to deny an application for the construction or placement of any non-tower WCF based upon visual and/or land use impact.

Inspection. The Borough reserves the right to inspect any WCF to ensure compliance with the provisions of this section and any other provisions found within the Borough Code or state or federal law. The Borough 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.

Non-Tower Wireless Communications Facilities in the Rights-of-Way.

The following additional regulations shall apply to all non-tower wireless communications facilities located in the rights-of-way:

Co-location. Non-tower WCFs in the right-of-way shall be co-located on existing poles, such as existing utility poles or light poles.

Design Requirements:

WCF installations located above the surface grade in the public right-of-way including, but not limited to, those on streetlights and joint utility poles, shall consist of equipment components that are no 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.

Antennas and all support equipment shall be treated to match the supporting structure. WCFs and accompanying equipment shall be painted, or otherwise coated, to be visually compatible with the support structure upon which they are mounted.

Compensation for Right-of-Way Use. In addition to permit fees as described above, every non-tower WCF in the right-of-way is subject to the Borough's right to fix annually a fair and reasonable compensation to be paid for use and occupancy of the right-of-way. Such compensation for right-of-way use shall be directly related to the Borough's actual right-of-way management costs, including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other right-of-way management activities by the Borough. The owner of each non-tower WCF shall pay an annual fee to the Borough to compensate the Borough for its costs incurred in connection with the activities described above. The annual right-of-way management fee for non-tower WCF shall be determined by the Borough and authorized by resolution of Borough Council and shall be based on the Borough's actual right-of-way management costs as applied to such non-tower WCF.

Time, Place and Manner. The Borough shall determine the time, place and manner of construction, maintenance, repair and/or removal of all non-tower WCFs in the right-of-way based on public safety, traffic management, physical burden on the right-of-way, and related considerations. For public utilities, the time, place and manner requirements shall be consistent with the police powers of the Borough and the requirements of the Public Utility Code.

Equipment Location. Non-tower WCFs and accessory 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 right-of-way as determined by the Borough. In addition:

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

Ground-mounted equipment shall be located underground. In the event an applicant can demonstrate, to the satisfaction of the Borough Engineer, that ground-mounted equipment cannot be undergrounded, then all such equipment shall be screened, to the fullest extent possible, through the use of landscaping or other decorative features to the satisfaction of the Borough.

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

Any underground vaults related to non-tower WCFs shall be reviewed and approved by the Borough.

Relocation or Removal of Facilities. Within 60 days following written notice from the Borough, or such longer period as the Borough determines is reasonably necessary, or such shorter period in the case of an emergency, an owner of a WCF in the right-of-way shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any WCF when the Borough, 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 Borough or other public improvement in the right-of-way;

The operations of the Borough 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 Borough.

Visual or Land Use Impact. The Borough retains the right to deny an application for the construction or placement of a non-tower WCF based upon visual and/or land use impact.

Small Wireless Facilities (SWFs) in the Rights-of-Way.

[Added by Ord. No. 2021-2336, 10/12/2021[5]]

Use of Right-of-Way. Small cell wireless facilities are permitted within the right-of-way per Act 50 of 2021 - 5G Small Cell Technology:

The Borough shall not enter into an exclusive arrangement with one or more provider(s).

The Borough sets a maximum annual fee per SWF. The annual fee shall be in accordance with the Borough of Phoenixville Master Schedule of Fees.

Size limits are set by the Act as:

The SWF shall not extend more than five feet above the existing utility pole.

An SWF on a new or replacement utility pole shall not be taller than 50 feet above ground level.

Each antenna associated with the deployment (excluding the associated equipment) may be no more than three cubic feet in volume.

All other equipment associated with the facility (excluding antennas) are cumulatively no more than 28 cubic feet in volume.

Any SWF provider seeking to install an SWF in the HARB District must first receive HARB approval prior to issuance of any installation permit.

Design Guidelines. The Borough may develop objective design guidelines for an SWF regarding the aesthetic impact if technically feasible. When developed, the design guidelines for an SWF will be included as an attachment to this chapter.

SWF providers are required to repair all damage directly caused by the activities of the SWF provider and return the right-of-way in as good of condition as it existed prior to any work being done. If the SWF provider fails to make the repairs required by the Borough within 30 days after written notice, the Borough may perform those repairs and charge the SWF provider the reasonable, documented cost of the repairs plus a penalty not to exceed $500. The Borough may suspend the ability of an applicant to receive a new permit from the Borough until the applicant has paid the amount assessed for the repair costs and the assessed penalty.

Permitting Process. The permitting process is established by Act 50 per the following:

The SWF use is a permitted use in the right-of-way in all zoning districts.

An application is limited to:

Documentation that includes construction and engineering drawings and all necessary approvals from the pole owner.

Self-certify that the filing and approval of the application is required by the SWF provider to provide additional capacity or coverage for wireless services.

Include documentation showing compliance with design guidelines.

The following are the timelines for applications:

Within 10 business days of receiving an application, the Borough will determine and notify the applicant in writing whether the application is incomplete.

An application is deemed approved if the Borough fails to approve or deny the application within 60 days of receipt of a complete application to collocate and within 90 days of receipt of a complete application to replace an existing utility pole or install a new utility pole with SWFs attached.

If an application that is denied is amended and resubmitted, the Borough will approve or deny within 30 days of the resubmission or the application will be deemed approved.

If the Borough receives more than one consolidated application or 20 single applications within a 45-day period, the processing deadline shall be extended 15 days.

A permit may be denied if:

The SWF materially interferes with the safe operation of traffic control equipment, sight lines or clear zones for transportation or pedestrians or compliance with the Americans with Disabilities Act of 1990 (Public Law 101-336, 104 Stat. 327) or similar federal or state standards regarding pedestrian access or movement.

The SWF fails to comply with applicable codes.

The SWF fails to comply with the requirements specified under the Act.

The applicant fails to submit a report by a qualified engineering expert which shows that the SWF will comply with applicable FCC regulations.

Consolidated Application. An applicant can file a consolidated application for up to 20 SWFs. Each location will be independently responded to by the Borough.

The applicant has one year from permit issuance date to complete the work.

New Utility Poles. The Borough may require the SWF provider to demonstrate that it cannot meet the service reliability and functional objectives of the application by collocating on an existing utility pole or municipal pole instead of installing a new utility pole.

When a permit is granted, the applicant may operate and maintain SWFs and any associated equipment on a utility pole covered by the permit for a period of not less than five years, which shall be renewed for two additional five-year periods if the applicant is in compliance with the criteria set forth in the Act or applicable codes consistent with the Act and the applicant has obtained all necessary consent from the utility pole owner.

Removal of equipment is required:

Within 60 days of suspension or revocation of a permit due to noncompliance with the Act or applicable codes consistent with the Act, the applicant shall remove the SWF and any associated equipment.

Within 90 days of the end of a permit term or an extension of the permit term, the applicant shall remove the SWF and any associated equipment.

Abandoned facilities (i.e., unused for 180 days). The Borough expressly preserves the right to either require removal or, if the owner fails to do so, remove the facilities themselves and recover costs from the owner. The Borough may also include bonding requirements that will allow the Borough to draw upon a performance bond if the applicant fails to perform its duties under the Code.

An application is not required for:

Routine maintenance or repair work.

The replacement of SWFs with SWFs that are substantially similar or the same size or smaller and still qualify as an SWF.

The installation, placement, maintenance, operation or replacement of micro wireless facilities that are strung on cables between existing utility poles by or for a communications service provider authorized to occupy the right-of-way, in compliance with the National Electrical Safety Code.

The Borough may require a permit for work that involves excavation, closure of a sidewalk or closure of a vehicular lane.

Application fees shall be in accordance with the Borough of Phoenixville Master Schedule of Fees.

Municipal Poles.

Collocation is allowed on municipal poles unless the SWF would cause structural or safety deficiencies to the municipal pole, in which case the applicant may make modifications or replacements that are needed to accommodate the SWF.

The Borough may require the applicant to pay the actual costs of any "make-ready work" necessary to enable the municipal pole to support the requested collocation.

The Borough has 60 days from receipt of application to provide a make-ready estimate, if necessary.

Make-ready work must be completed within 60 days of written acceptance of such estimate.

The Borough may reserve space on an existing municipal pole for future public safety or transportation uses in a documented and approved plan as adopted at the time an application is filed.

[5]

Editor's Note: This ordinance also renumbered former Subsection 8 as Subsection 9.

Violations Applicable to All Wireless Facilities.

Penalties. Any person violating any provision of this section shall be subject, upon finding by a Magisterial District Judge, to a penalty not exceeding $500, for each and every offense, together with attorneys' fees and costs. A separate and distinct violation shall be deemed to be committed each day on which a violation occurs or continues to occur. In addition to an action to enforce any penalty imposed by this section and any other remedy at law or in equity, the Borough may apply to a Federal District Court for an injunction or other appropriate relief at law or in equity to enforce compliance with or restrain violation of any provision of this section.

Determination of Violation. In the event a determination is made that a person has violated any provision of this section, such person shall be provided written notice of the determination and the reasons therefor. Except in the case of an emergency, the person shall have 30 days to cure the violation. If the nature of the violation is such that it cannot be fully cured within such time period, the Borough may, in its reasonable judgment, extend the time period to cure, provided the person has commenced to cure and is diligently pursuing its efforts to cure. If the violation has not been cured within the time allowed, the Borough may take any and all actions authorized by this section and/or federal and/or Pennsylvania law and regulations.

§ 27-606 Signs.

[Ord. 2227, 12-10-2013]

Scope and Applicability. In all zoning districts, signs may be erected, altered, maintained, used, removed or moved only when in compliance with the provisions of this chapter and any other applicable ordinances and regulations. All proposed new signs in the Downtown Historic District must receive HARB approval prior to making or erecting the sign. Signs existing at the time of passage of this chapter, which were legally erected, and which do not conform with the requirements of this chapter shall be considered nonconforming signs and, once removed, shall be replaced only with conforming signs. Nonconforming signs may be repainted or repaired (including the lighting), provided that the repainted or repaired sign does not exceed the dimensions of the existing sign. Wording may also be changed. Also see the requirements for nonconformities.

Definitions. Various terms used in this section are defined in Part 2, Definitions.

General Regulations.

[Added by Ord. 2014-2244, 11/10/2014]

Location of Signs. In no case, except for official traffic and street signs, shall any sign be erected that does not conform with the following regulations:

Public Right-of-Way. In no case, except for a Borough-installed banner sign, shall any sign other than highway or traffic signs be erected within or project out into the present or future right-of-way of any street.

Entrance or Exit to a Building. No sign shall be erected or installed in such a way as to block or obstruct any exit or entrance, including the emergency exits or entrances, of any building or other structure; nor shall any sign obstruct or interfere with or be attached to any part or any fire escape or fire tower.

Signs on Public Property. No sign shall be erected or maintained on any property owned by the Borough, except with the express permission of the Borough as given by the Borough Council at its duly convened public meeting.

Signs That Cause Traffic or Pedestrian Hazards. No sign shall be placed in such a position that it will be a danger to traffic on a street or traffic entering a street. All signs shall conform to the following standards:

No sign shall obstruct the sight distance from any vehicle leaving the driveway. The minimum setback from a driveway shall be 10 feet from the nearest edge of the driveway to the nearest position of the sign.

No sign shall obscure a motorist's view of traffic signals, stop signs, warning devices, roadways or intersections as viewed from a distance of 500 feet along the established thoroughfares, and no sign shall limit a pedestrian's view of vehicular traffic to less than 500 feet while he stands inside the curbline at an intersection or other established crossing point.

No sign shall block the movement of pedestrians traveling on public thoroughfares.

General Sign Design Regulations.

Signs in all residential districts are limited to the following maximum sizes:

Home occupation: two square feet.

All uses other than residential: 10 square feet.

Area of a Sign:

The area of a sign shall include all lettering, wording and accompanying designs and symbols, together with the background, whether open or enclosed, on which they are displayed (but not including any supporting framework and bracing which is incidental to the display itself).

Where the sign consists of individual letters or symbols attached to or painted on a building's wall or window, the area shall be considered to be that of the smallest rectangle or other geometric shape which encompasses all of the letters and symbols.

In computing the square-foot area of a double-faced sign, only one side shall be considered, provided both faces are identical. If the interior angle formed by the two faces of the double-faced sign is greater than 45°, then both sides of such sign shall be considered in calculating the sign area.

Height of a Sign.

When a freestanding sign is located within 30 feet of a road right-of-way, the maximum height of a freestanding sign shall be measured from the elevation of the shoulder of the road to the highest point of the sign structure; however, where there is a sidewalk along the road, the height of such a sign shall be measured from the elevation of the sidewalk. All other signs shall be measured from the ground level at the base of the sign, provided that the ground level shall not be graded to increase the height of the sign.

For a projecting, parallel, or roof sign, the maximum height shall be determined by its placement on the building. See definitions.

Copy Area Calculation.

The copy area of all signs, except those listed below, shall not exceed 75% of the total area of the sign.

The following signs are exempted from this copy area restriction:

Window signs.

Wall signs consisting of single and separate letters or script without an enclosed background of the sign.

Illumination of a Sign. Except for electronic message display signs, a light illuminating a sign shall be so arranged that the source of light is not visible from any point off the lot and so that only the sign is illuminated. This illumination may not be direct, through transparent or translucent materials from a source of light within the sign structure. It may be indirect, with any projected light shielded so that no light is visible elsewhere on the lot. Exception: Wall signs consisting of separate characters, otherwise known as "channel letters," may be internally illuminated.

Permanent Signs. The following permanent signs may be erected as permitted in the respective districts, provided that they are erected and displayed in conformance with the following regulations. A portable sign is not a permanent sign and may be permitted only as a temporary sign.

[Added by Ord. 2014-2244, 11/10/2014]

Standard Signs. There are 12 standard signs: awning, billboard, canopy, development, electronic message display, fascia, freestanding, hanging shingle, nameplate, projecting, wall, and window.

[Amended by Ord. 2016-2264, 6/14/2016]

Awning Sign. Requirements for awning signs:

The permanently affixed copy area of awning signs shall not exceed an area equal to 35% of the face of the awning.

Billboard. See conditional use standards for billboards, § 27-301, Subsection 2A(2)(b).

Canopy Sign. Requirements for canopy signs:

The permanently affixed copy area of canopy signs shall not exceed an area equal to 35% of the face of the canopy, marquee or architectural projection upon which such sign is applied.

Graphic striping, patterns or color bands on the face of a building, canopy, marquee or architectural projection shall not be included in the computation of sign copy area.

Development Signs (Permanent). A permanent development identification sign may be erected upon final approval of the subdivision and land development plans by the Borough Council in accordance with the following regulations:

Signs and entrance structures shall be for identification purposes only and shall give only the name of the subdivision or land development.

Such a sign shall be a single sign with two faces or may be a single-faced sign located on each side of the entranceway.

The maximum area of a permanent development sign shall not exceed 16 square feet or a height of four feet, excluding structural elements and decorative features.

Fascia Sign. Requirements for fascia signs:

A fascia sign shall have a minimum clearance of eight feet from the sidewalk and shall not extend above the eaves or parapet of the building.

Size Restrictions. The fascia sign width shall not extend within two feet of a party wall or side of a building, and the height shall not be greater than two feet.

Freestanding Sign. Requirements for freestanding signs:

The sign shall be set back at least eight feet from the right-of-way line or 12 feet from the curbline, whichever is greater, at least 25 feet from the side property lines and 75 feet from any residential district. When the seventy-five-foot setback from a residential district cannot be achieved, the sign shall be placed to cause the least visible interference with the adjoining residences.

If a premises or development is located or has entrances on more than one roadway, one freestanding sign may be erected along each frontage.

Area and Height Restrictions. The area of the sign shall not exceed one square foot for each linear foot of the building's facade or 50 square feet, whichever is less. The maximum height of the sign shall not exceed 12 feet. The maximum area of the sign structure (measured from the outside edges of the structure, on the largest cross-section, whether solid or not) shall not exceed 80 square feet. For shopping center land developments, with at least 150,000 square feet of gross leasable floor area, the height and area of one freestanding sign may be increased as follows:

Maximum area of sign: 150 square feet.

Maximum area of sign structure (measured from outside edges of the structure, on the largest cross section, whether solid or not): 230 square feet.

Maximum height: 22 feet. These additional area and height regulations shall only apply if the applicant demonstrates that the design and materials of all signs for the premises or development, and the associated landscaping, have been designed, by a landscape architect and/or architect, as part of an overall design for all improvements on the premises and/or site and the area around the base of the sign shall be landscaped, which landscaping shall conceal any lighting fixtures used for the sign.

Freestanding signs shall not be internally illuminated.

Hanging Shingle Sign. Requirements for hanging shingle signs:

No hanging shingle sign shall project more than 36 inches beyond the maximum extent of the structure. There must be a minimum eight-foot clearance between the bottom of the sign and the sidewalk, and the top of the sign may be no higher than 12 feet above the sidewalk.

For buildings 40 feet or less in width, the total area of the sign shall not exceed six square feet. For buildings greater than 40 feet in width, the sign area shall not exceed 0.15 square foot per linear foot of the building width. The support bracket shall not be included in the computation of sign area.

Hanging shingle signs will not be permitted where mounting fasteners may permanently damage historic architectural features or where the sign(s) may obscure significant architectural features.

Nameplate Sign. Requirements for nameplate signs:

The size shall not exceed two square feet in the overall area on one face.

Not more than one such sign shall be erected for each permitted use of a dwelling unit unless such property fronts on more than one street, in which case one such sign may be erected on each street frontage.

Projecting Sign. Requirements for projecting signs:

One projecting sign may be erected on a building and/or structure fronting onto a public right-of-way if that premises has a minimum of 40 linear feet of frontage along the public right-of-way.

A projecting sign under which a pedestrian walkway passes must have at least an eight-foot vertical clearance and shall not extend above the eaves or the parapet of the building.

The area of the sign shall not exceed 20 square feet. The maximum height of the sign measured from grade shall not exceed 20 feet.

Wall Sign. Requirements for wall signs:

When a wall sign uses direct illumination, the illumination shall be by internal neon or LED lamps only with separate letters, characters, numbers, symbols and/or logos. No box-type direct illumination signs are permitted. Raceways shall not exceed 25% of the measurement of the orientation of the sign.

Area of sign calculation for a wall sign.

The maximum area of the sign for all wall signs shall be no more than 1.25 square feet of sign area per linear foot of building wall on the side of the building on which the sign is located, measured in the same direction of the orientation of the copy of the sign. In the case where square is desired, the basis of the linear footage shall be half of the combination of the two linear dimensions.

No copy of a wall sign shall extend within two feet of the party or end wall of a building.

Signs advertising a specific manufacturer's labeled product are not permitted as wall signs.

Window Sign. Requirements for window signs:

A window sign shall consist of words or a logo, or both, but shall not have any painted background. Window signs shall not obstruct the view into the building from outside the window.

No permanent window sign shall have any flashing lights or a lighted display. See Subsection 6G for exempted window signs.[1]

[1]

Editor's Note: Former Subsection 6G was removed 11/10/2014 by Ord. No. 2014-2244.

Window signs may not occupy more than 20% of the total area of the storefront glassed area and no more than 50% of a single glass pane area contained within a window.

Signs advertising a specific manufacturer's labeled product are not permitted as window signs.

Window signs meeting the above requirements are not counted toward the maximum number of permanent signs permitted on the building.

Other Permitted Permanent Signs.

Trespassing signs or signs indicating the private nature of a road, driveway, or premises, and signs prohibiting or otherwise controlling fishing and hunting upon a particular premises may be erected and maintained, provided that the size of any such sign shall not exceed two square feet per side. Such signs do not require a permit, provided that the applicable requirements of this chapter have been met.

Directional, informational or public service signs, such as signs advertising the availability of restrooms, telephones or similar facilities of public convenience, and signs advertising meeting times and places of nonprofit service and/or charitable clubs and organizations, may be erected, provided that such signs do not advertise any commercial establishment, activity, organization, product, goods or services and that any such sign shall not exceed three square feet per side in size. Such signs do not require a permit.

Electronic message display signs are permitted for municipal uses and in the Corridor Development District for nonmunicipal uses. These signs shall comply with the following:

Operational Limitations.

The duration of each message shall be a minimum of five seconds.

The transition time between messages shall be less than one second.

The sign must be equipped with brightness controls so that the brightness of the sign has the ability to respond to changes in the outside light levels.

Except for traffic control signals, electronic message display signs are prohibited within 100 feet of a traffic control device.

The location of the sign shall conform to all other applicable regulations with regard to freestanding and wall signs.

Signs shall be no more than eight feet in height.

Sign area shall not be permitted to exceed 10 square feet.

No more than one electronic message display sign shall be placed on an individual lot.

(f)

No electronic message display sign shall be erected within 100 feet of any other electronic message display sign.

(g)

Electronic message display signs shall be set back not more than 35 feet nor less than 10 feet from the lot's boundary with the public right-of-way or street, whichever is closer to the center point of the lot, and not less than 15 feet from any neighboring lot boundary.

Electronic message display sign when incorporated within a marquee, shall be permitted only as a conditional use in the Town Center District. The electronic message display sign shall at a minimum comply with the following:

[Added by Ord. No. 2018-2294, 10/9/2018]

No electronic message display sign within a marquee shall be installed on an individual lot less than 100 feet in width.

Operational limitations of an electronic message display sign within a marquee:

The duration of each static message shall be a minimum of five minutes.

The transition time between static messages shall be less than one second.

There shall be no animation or motion other than what is allowed in the above transition times.

The electronic message display sign must be equipped with brightness controls so that the brightness of the sign has the ability to respond to changes in the outside light levels.

Electronic message display signs are prohibited within 100 feet of a signalized intersection.

Electronic message display signs within a marquee shall be no more than four feet in height.

Electronic message display sign within a marquee shall not be permitted to exceed 10 square feet or shall not be larger than the lighted message display sign that it replaces.

No more than two electronic message display signs shall be placed on a marquee.

Temporary Signs. In addition to permanent signs, the following temporary signs may be erected, provided that they are erected and displayed in conformance with the following and all other applicable regulations:

[Added by Ord. 2014-2244, 11/10/2014]

Temporary signs advertising political parties or candidates for election may be erected or displayed as provided by the laws of Pennsylvania and the United States, provided that the size of any such sign shall not exceed four square feet.

One nonilluminated sign advertising the sale or rental of a premises, or one sign indicating that said premises has been sold or rented, may be erected upon said premises, provided that the area of any such sign shall not exceed four square feet for residential uses and 16 square feet for nonresidential uses. Such signs shall be removed within 20 days after agreement of sale or rental has been signed.

One temporary, nonilluminated sign may be erected in connection with the development or proposed development of certain land and/or premises by a builder, contractor, developer, or other persons interested in such sale or development, provided that the area of any such sign shall not exceed 32 square feet and that the sign shall be removed within 20 days after the last structure has been initially occupied or upon expiration of the building permit, whichever is sooner.

Temporary nonilluminated signs of mechanics or artisans may be erected and maintained during the period such persons are performing work on the premises on which such signs are erected, provided that such a sign shall be removed upon completion of work by the mechanic or artisan and that the total area of all such signs shall not exceed four square feet.

Temporary nonilluminated signs for yard sales may be erected and maintained during the period of one week prior to the yard sale, provided that such a sign shall be removed upon completion of the sale and that the total area of such a sign shall not exceed four square feet.

Temporary, nonilluminated signs and banners directing persons to temporary exhibits, shows or events may be erected, subject to the following requirements:

Signs shall not exceed 16 square feet in area.

Signs shall not be posted earlier than two weeks before the occurrence of the event to which they are related and must be removed within one week after the date of the exhibit, show or event.

Sandwich-board-type signs are included in this category but are to be removed during nonbusiness hours and immediately after the event.

A temporary sign or display within a window is permitted when in conjunction with a promotion, special event or seasonal sale, provided that the following requirements are met:

Such a sign may be erected only for a commercial use.

Only two such signs shall be permitted in any window.

No such sign shall be illuminated.

The total area of such signs shall not exceed 40% of the total area of the window, and such signs shall not be placed where they restrict the view of a permanent window sign.

Such a sign may be displayed for a period not exceeding 14 days without requiring a sign permit.

Temporary sign for new owner or tenant while HARB application is in process. A new "Store Opening" sign or banner placed as a temporary sign is permitted as part of the standard building and occupancy permit; however, a sign application for HARB review shall be submitted to the Borough Zoning Officer prior to sign erection. One temporary sign or banner may be posted for maximum of 45 days from the date of HARB application. Temporary signs must be date-stamped with both the application date and the date the sign must be removed on a border of the sign that is visible from the public walkway.

Exempted Signs. In addition to the signs that do not require a permit, as previously noted, the following signs do not require a permit, provided that the applicable requirements of this chapter have been met:

[Amended by Ord. 2014-2244, 11/10/2014]

Governmental flags or insignias.

Legal notices.

Memorial signs or historical signs, provided such a sign does not exceed four square feet.

Window signs giving store hours, "Open" or the name or names of credit or charge institutions, provided that the total area of any such sign or all signs together does not exceed two square feet.

Signs which are a permanent architectural feature of a building or a structure, such as a cornerstone, or identifying letters carved or embossed on a building, provided that the letters are not made of a reflective material and do not contrast in color with the building.

Bunting, pennants and similar materials are permitted to announce the opening of a new business or industry and must be removed after seven days of the opening day or the first day of business.

Revolving barbershop pole signs are permitted, provided that such a sign does not exceed 36 inches in height.

Flags used as projecting signs shall comply with the following:

They shall be displayed only when the business (occupant of the building to which the flag is attached) is open and shall be removed when the business is closed;

Only one such flag is permitted for each street frontage of the building and must be displayed only on that frontage;

The flag shall not obstruct or interfere with the pedestrian walkway;

No part of the flag shall extend above the eaves or parapet of the building; and

The area of the flag shall not exceed 15 square feet.

Prohibited Signs. The following signs are unlawful and prohibited:

[Amended by Ord. 2014-2244, 11/10/2014]

No signs shall be of a flashing, rotating, revolving or electronic messaging type, with the exception of barber poles which are used for barbershops only.

Any sign suspended.

Any sign attached to a tree or utility pole, or painted or drawn on a rock or other natural feature, is prohibited. For purposes of this regulation, "attached to" a tree means connected, supported and/or affixed by any method penetrating the surface of the bark of the tree.

No sign may use the words "Stop," "Look," "Danger," or any other word or character which attempts or appears to attempt to direct the movement of traffic or which interferes with or resembles any official traffic sign, signal, or device within 75 feet of a public right-of-way or within 200 feet of a traffic control device, whichever is greater.

Permits, Construction, Maintenance, and Violations.

[Amended by Ord. 2014-2244, 11/10/2014]

Permits Required.

The permit must be obtained from the Borough before the erection of any signs within the Borough, unless specifically exempted herein.

Exemptions from the necessity of securing a permit, however, shall not be construed to relieve the owner of the sign involved from the responsibility of erecting such a sign in a safe manner and in a manner which is in accord with all the other provisions of this chapter.

Application Requirements. To obtain a sign permit, an applicant shall make application on a form provided by the Borough.

Construction Requirements. All signs shall meet the design and construction requirements of the UCC Uniform Construction Code. Electrical message display signs shall be manufactured in accordance with the Underwriters' Laboratories specifications and shall bear the laboratory label.

Maintenance Requirements. Every sign permitted by this chapter must be constructed of durable materials and kept in good condition and repair.

Removal or Abandonment of Signs.

The owner of any property or premises upon which any sign is erected shall be responsible for its complete removal at such time as the circumstances which caused its erection have ceased to exist, such as a commercial tenant vacating the premises, or at such other time that the sign must be removed under any other provision of this chapter. If the owner of any property upon which a sign has been erected shall fail or neglect to remove it as hereinabove required, the Zoning Officer shall give notice to the owner by certified mail to remove the sign. If this letter is returned undelivered, for any reason, he may post such notice upon the premises. If, upon the expiration of 30 days following such notice, the owner fails to remove the sign, the owner shall be in violation of this chapter. At any time after the expiration of the thirty-day period, the Zoning Officer may arrange for the sign's (signs') removal on behalf of the Borough and shall bill the owner for the cost of such work, plus 10% for administrative cost. If such a bill remains unpaid after the expiration of 30 days, the Borough's Solicitor shall take the necessary steps to collect the same. Failure of a property owner to remove such a sign after the notice hereinabove has been provided shall constitute a violation of the terms of this chapter, and each day's continuance of such failure shall constitute a separate violation.

If the owner of any sign in violation of any of the provisions of this chapter is not the owner of the premises on which it is situated, identical notices, as specified above, may be issued to him in like manner, and the owner of the sign shall be required to take such steps as to comply with the notice or notices issued to him as though he were the owner of the property or premises on which the sign is located; if the owner of the sign fails to comply, such failure shall constitute a violation of the terms of this chapter, and the owner of the sign shall then be liable to the same extent as the owner of the property or premises on which the sign is located.

Unsafe and Unlawful Signs. If the Zoning Officer finds that any sign, regulated herein, is unsafe or insecure or is a menace to the public or has been constructed, erected, or maintained in violation of the provisions of this chapter, he shall give notice [in the same manner as in this § 27-606, Subsection 8D(1)] to the party to whom the permit was originally issued for erection of the sign, or to the owner of the sign, or to any combination of the parties thereof, to remove or alter the sign so as to comply with this chapter. If the parties notified fail to remove or alter the sign to comply with the standards herein set forth within 30 days after such notice, the parties shall be in violation of this chapter, and such sign may be removed or altered by the Building Inspector at the expense of each and every person notified. The expenses of removal or alteration shall be computed and paid for by the parties notified, in the same manner as in this § 27-606, Subsection 8D(1), and the same sanctions shall apply. The Zoning Officer may cause any sign or other advertising structure which is an immediate peril to persons or property to be removed summarily and without notice.

Fines and Costs. The owner of the property and/or the owner of the sign violating any regulation of this § 27-606 shall be liable for a fine for each such violating sign, and each day that the violation continues shall be a separate offense as more fully set forth in § 27-1102. In addition to this fine, the owner of the property and/or owner of the sign shall also be responsible for the cost for removing the sign(s) and the repair of any damage caused by the sign, its erection and/or the violation.

Insurance. It shall be unlawful for any individual, partnership, corporation, or other entity to erect, repair or maintain electrical signs, regardless of the size and location, or any nonelectrical signs which are higher than 10 feet above grade or are larger than 24 square feet, without submitting a certificate of insurance to the Building Inspector's office in the amount of $100,000 and $300,000 for personal injury liability, as well as $25,000 for property damage.

§ 27-607 Fencing.

[Added by Ord. 2235, 7/8/2014]

Fences.

Front, side and rear yard requirements do not apply to fences or walls six feet and under in height above the natural grade of the required yard area; nor do they apply to terraces, steps, uncovered porches or other similar features not over three feet high above the level of the floor of the ground story. Where fences are erected directly on the property line or within three feet of the property line, the height of the fence shall be measured from the average grade levels between the two properties.

Where new fences are erected parallel to a neighbor's existing residential building wall that contains windows to habitable spaces, any solid board or similar visually obstructed fence erected within 10 feet of said wall shall not project any higher than the top of the windowsill (basement windows excluded). All fences and walls shall have a maximum height of six feet.

§ 27-608 Miscellaneous Provisions.

[Ord. 2227, 12-10-2013; as amended by Ord. 2235, 7/8/2014]

Satellite Earth Stations or Dish Antennas.

Satellite earth stations or dish antennas shall be permitted in all districts with the provision that the installation meets the following requirements:

Only one antenna per lot.

No installation in front yards.

The installation shall meet all side and rear setback requirements.

The installation shall be suitably screened to prevent view from surrounding properties and under any conditions shall not be visible from a public right-of-way.

The owner of the property shall remove, or facilitate the removal, of the satellite earth station or dish antenna within 30 days of any discontinuance of service to the device.

The owner of the property shall remove, or facilitate the removal, of the satellite earth station or dish antenna from the property prior to the sale of the property to a new owner and also prior to entering into a lease agreement with a new tenant.

Solar Energy Systems.

Definitions. Various terms used in this section are defined in Part 2, Definitions.

Solar energy systems shall be allowed in any zoning district and may be installed upon receipt of the necessary construction, electrical and/or mechanical permit(s), and this applies to solar energy systems to be installed and constructed for residential or commercial use.

Solar energy systems that are the primary use of a lot may be governed by additional regulations as set forth in the Uniform Construction Code, other sections of the Zoning Ordinance or Subdivision and Land Development Ordinance.

Applicability.

These provisions shall apply to solar energy systems to be installed and constructed after the effective date of this chapter and all applications for solar energy systems on existing structures or property.

Solar energy systems constructed prior to the effective date of this chapter shall not be required to meet the requirements of this chapter.

Any upgrade, modification, or structural change that materially alters the size or placement of an existing solar energy system shall comply with the provisions of this chapter.

Design and Installation.

To the extent applicable, the solar energy system shall comply with the Pennsylvania Uniform Construction Code, Act 45 of 1999, as amended, and the regulations adopted by the Department of Labor and Industry.

The design of the solar energy system shall conform to applicable industry standards.

Setbacks and Height Restrictions.

A solar energy system may be installed as long as it meets the requirements of this chapter with respect to setback and height restrictions in the subject zoning district and all other applicable construction codes. A roof-mounted solar energy system shall conform to the height regulations of the zoning district where the solar energy system is installed.

Ground-Mounted Solar Energy System.

A ground-mounted solar energy system must comply with all setback and height requirements for the zoning district where the solar energy system is to be installed.

All exterior electrical and/or plumbing lines must be buried below the surface of the ground and be placed in a conduit.

A ground-mounted solar energy system must comply with the accessory structure restrictions contained in the zoning district where the ground-mounted solar energy system is located.

Wind Energy Facilities and Wind Turbines.

Definitions. Various terms used in this section are defined in Part 2, Definitions.

A wind energy facility shall be considered a conditional use allowed in all zoning districts in the Borough, subject to those standard requirements set forth in the conditional use section of this chapter and the following additional provisions set forth in this section of this chapter.

Design and Installation.

To the extent applicable, the wind energy facility shall comply with the Pennsylvania Uniform Construction Code, Act 45 of 1999, as amended, and the regulations adopted by the Department of Labor and Industry.

The design of the wind energy facility shall conform to applicable industry standards, including those of the American National Standards Institute. The applicant shall submit certificates of design compliance obtained by the equipment manufacturers from Underwriters' Laboratories, Det Norske Veritas, Germanishcer Llloyd Wind Energies, or other similar certifying organizations.

All wind energy facilities shall be equipped with a redundant braking system. This includes both aerodynamic overspeed controls (including variable pitch, tip, and other similar systems) and mechanical brakes. Mechanical brakes shall be operated in a fail-safe mode. Stall regulation shall not be considered a sufficient braking system for overspeed protection.

All electrical components of the wind energy facility shall conform to relevant and applicable local, state and national codes and relevant and applicable international standards.

Visual Appearance; Power Lines.

Wind turbines shall be a nonobtrusive color, such as white, off-white or gray.

Wind energy facilities shall not be artificially lighted, except to the extent required by the Federal Aviation Administration or other applicable authority that regulates air safety.

Wind turbines shall not display advertising, except for reasonable identification of the turbine manufacturer, facility owner and operator.

On-site transmission and power lines between wind turbines shall, to the maximum extent practicable, be placed underground.

Warnings.

A clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations.

Visible, reflective, colored objects, such as flags, reflectors, or tape, shall be placed on the anchor points of guy wires and along the guy wires up to a height of 10 feet from the ground.

Climb Prevention/Locks.

Wind turbines shall not be climbable up to 15 feet above the ground surface.

All access doors to wind turbines and electrical equipment shall be locked or fenced, as appropriate, to prevent entry by nonauthorized persons.

Setbacks.

Wind turbines shall be set back from the nearest occupied building a distance not less than the greater of the maximum setback requirements for that zoning classification where the turbine is located or 1.1 times the turbine height, whichever is greater. The setback distance shall be measured from the center of the wind turbine base to the nearest point on the foundation of the occupied building.

Wind turbines shall be set back from the nearest occupied building located on a nonparticipating landowner's property a distance of not less than five times the hub height, as measured from the center of the wind turbine base to the nearest point on the foundation of the occupied building.

All wind turbines shall be set back from the nearest property line a distance of not less than the greater of the maximum setback requirements for that zoning classification where the turbine is located or 1.1 times the turbine height, whichever is greater. The setback distance shall be measured to the center of the wind turbine base.

All wind turbines shall be set back from the nearest public road a distance of not less than 1.1 times the turbine height, as measured from the right-of-way line of the nearest public road to the center of the wind turbine base.

Local Emergency Management Services.

The applicant shall provide a copy of the project summary and site plan to local emergency services, including paid or volunteer fire department(s).

Upon request, the applicant shall cooperate with emergency services to develop and coordinate implementation of an emergency response plan for the wind energy facility.

Noise and Shadow Flicker.

Audible sound from a wind energy facility shall not exceed 55 dBA, as measured at the exterior of any occupied building on a nonparticipating landowner's property. Methods for measuring and reporting acoustic emissions from wind turbines and the wind energy facility shall be equal to or exceed the minimum standards for precision described in AWEA Standard 2.1 - 1989, titled "Procedures for the Measurement and Reporting of Acoustic Emissions from Wind Turbine Generation Systems, Volume I: First Tier." The municipality may grant a partial waiver of such standards where it has determined that literal enforcement will exact undue hardship because of peculiar conditions pertaining to the land in question and provided that such waiver will not be contrary to the public interest.

The facility owner and operator shall make reasonable efforts to minimize shadow flicker to any occupied building on a nonparticipating landowner's property.

Decommissioning.

The facility owner and operator shall, at their expense, complete decommissioning of the wind energy facility, or individual wind turbines, within 12 months after the end of the useful life of the facility or individual wind turbines. The wind energy facility or individual wind turbines will presume to be at the end of their useful life if no electricity is generated for a continuous period of 12 months.