All applications for development of a new use
of a building, expansion of an existing structure, structural alteration
or change of use of a building which is subject to more stringent
area and bulk, parking and loading or other provisions of this chapter
in the O-1, C-1, C-2, C-3, C-4 and M-1 Districts and all conditional
uses in the R-2, R-3 and R-4 Districts shall be subject to the following
requirements for site plan approval.
A. Application. A site development plan shall be submitted
which is based on a survey of the property and which shows:
(2) Existing and proposed structures.
(3) Existing and proposed contours.
(4) Feasibility of proposals for disposition of stormwater
and sanitary waste.
(5) Location and dimensions of yards and evidence of compliance
with other zoning requirements.
(6) Traffic circulation on the site, ingress and egress
to and from the site and layout of proposed parking areas and loading
areas.
(8) Dates of preparation and revision.
(9) Evidence of preparation by an architect, landscape
architect or engineer.
B. Approval.
(1) The Planning Commission shall review the application
at a public meeting and shall forward written comments pertaining
thereto to Borough Council. Borough Council shall act on the application
within 60 days of final action by the Planning Commission or, if the
Planning Commission fails to act, within 120 days of submission of
the application.
(2) No building permits shall be issued until after the
site plan and other required elements of the application shall have
been formally approved by Borough Council.
C. Posting of surety.
(1) Surety in a form acceptable to the Borough and in
an amount equal to 10% of the total cost of site improvements as determined
by the Borough Engineer shall be required to be posted for all projects
in excess of $10,000. Upon satisfactory completion of the site improvements
and inspection by the Borough, surety shall be returned to the applicant.
(2) A maintenance bond in an amount determined by the
Borough shall be required for a period of one year from the date of
inspection and approval of site improvements to guarantee the replacement
of landscaping materials, if necessary.
D. Expiration of site plan approval. Site plan approval
shall expire 12 months from the date that Council grants the approval,
unless the applicant requests an extension, in writing, from Council
prior to the expiration of site plan approval and Council is satisfied
that there is reasonable cause for the delay in initiating the approved
project.
E. Exceptions to site plan approval may be granted by
the Zoning Officer in cases of minor interior renovations, general
maintenance and repair, use and occupancy of permitted accessory uses,
provided that all such exceptions are in compliance with any and all
other regulations or codes of the Borough of Pleasant Hills.
In order to preserve the residential character
of neighborhoods within the Borough, no business, industry, profession
or commercial enterprise other than a home occupation as authorized
by this chapter shall be conducted in any dwelling in any of the R
Residence Districts in the Borough.
A. A zoning permit is required for the installation of
any fence. Application for a fence permit shall include:
(1) A drawing and/or description of the type and style
of fence to be constructed, including the material used to construct
the fence.
(2) A survey or plot plan describing where on the lot
the fence will be located.
B. All posts, framing members and other fence elements
used in constructing and supporting fences shall be placed on the
side of the fence facing the property where the fence is installed.
C. No fence shall be constructed in such a manner as
to obstruct the view of pedestrians or motorists in the public right-of-way.
D. No fence shall be constructed in such a manner as
to result in sharp points, salvage ends or edges or any other condition
that may be considered dangerous.
A. No fence, other than an ornamental fence, shall be
constructed beyond or forward of the front building line in any residential
district and no closer than four feet from the pavement of the street.
For purposes of this section, the front building line is the front
edge of the residential structure which has been constructed on the
lot. The front building line is determined by the foundation of the
residential structure and is not extended by a porch or other addition
to the front of the building line described herein.
[Amended 6-16-2020 by Ord. No. 1029]
B. A functional fence, visual screening or ornamental fence may be constructed
in the side or rear yards in any district.
[Amended 5-20-2013 by Ord. No. 957]
C. A visual screening fence not more than six feet in height may be
constructed in the rear and side yard in any residential district.
[Amended 5-20-2013 by Ord. No. 957]
D. For purposes of this section, a "side yard" is defined as being measured
from the front corner of the residence or dwelling to the rear property
line.
[Amended 5-20-2013 by Ord. No. 957]
E. A visual screening fence not more than 10 feet in
height may be constructed in the side and rear yards of properties
in the M-1 Manufacturing District.
F. A security fence may be constructed in the rear yard
of any property in an Industrial District and any property housing
schools, parks, churches, and other recreational or other P-1 uses
in Residential Districts.
On any lot, in any zoning district, no wall,
fence or other structure shall be erected, or altered, and no hedge,
tree, shrub, or other growth shall be maintained which may cause danger
to traffic on a street by obstructing the view of persons using such
street.
Fences, as required by state and federal regulations
or statute dealing with the possession or storage of potentially hazardous
materials, including but not limited to liquefied petroleum and propane
gas, shall be permitted in type and dimension to comply with, but
not to exceed the minimum state or federal regulation or statute.
In any district, a noncommercial parking area
may be used as an accessory use incident to the operation of a church,
a public or parochial school, a library, or any Borough or public
building, provided that such parking area shall have free access to
a public street and the plans of such parking area shall have been
approved by the Borough Engineer.
A noncommercial swimming pool may be constructed and maintained in a Residence R-1 or Residence R-2 District, provided that it is solely in the rear yard of any premises and that it is located no nearer than 10 feet to any lot line. Any swimming pool to be erected in any Residence R-1 or Residence R-2 District must also comply with any requirements contained in any ordinances of the Borough of Pleasant Hills relating to the construction and maintenance of swimming pools, including, without limitation, Chapter
326, Swimming Pools, of the Code of the Borough of Pleasant Hills.
In all zoning districts, the following regulations
shall apply to air-conditioning units, as defined by this chapter.
A. Prior to the installation of any air-conditioning
unit, or the replacement of air-conditioning units in a new location
on the lot, other than a window unit designed to air condition a single
room of a dwelling, a permit shall be obtained from the Borough Zoning
Officer.
B. An application shall be accompanied by detailed plans
and specifications setting forth the location of the air-conditioning
unit on either a survey of the property or a clear plot plan describing
the distances from the property lines to the proposed air-conditioning
unit.
C. The following regulations shall apply to the placement
of all air-conditioning units in the Borough of Pleasant Hills:
(1) No air-conditioning unit shall be placed in the front
yard of any residential or commercial property.
(2) All air-conditioning units shall be placed in the
side or rear yards of any residential property occupied by a single-family
dwelling unit, provided that the air-conditioning unit is a minimum
of five feet from any property line. All such units located in the
side yard area shall be screened from view on the front and side locations.
(3) All air-conditioning units shall be placed in the
rear yard of any residential property occupied by a townhouse unit
or two-family dwelling.
(4) All air-conditioning units shall be placed in the
rear yard or on a rooftop on a property occupied by a multifamily
dwelling, commercial building or industrial building.
All nonresidential exhaust fans, including but
not limited to exhaust from kitchen hoods, furnaces, radon mitigation
systems and other mechanical exhaust systems, shall be placed so that
they face either the rear of the property or vertically.
In the Commercial and Industrial Districts,
except for those permitted uses such as garden nurseries, building
supply establishments, vehicle sales agencies and other uses which
customarily display and/or sell merchandise outdoors, there shall
be no regular or permanent display or sale of merchandise outside
a completely enclosed building. Temporary outdoor display or sale
of merchandise by persons other than the owners or lessees of the
principal buildings on the lot shall not be permitted.
[Added 6-20-2005 by Ord. No. 845]
A. Intent; location of sales.
(1)
The intent of this section is to establish regulations
and procedures for the outdoor sale of Christmas trees and related
holiday decorations.
(2)
The outdoor sale of Christmas trees described
in this section may be conducted on any vacant lot or on such other
land which, in the discretion of the Zoning Officer, shall be deemed
sufficient, suitable or compatible within the C-2, C-3, C-4, M-1 or
P-1 Zoning Districts of the Borough of Pleasant Hills.
B. Violations.
(1)
It shall be a violation of this section for
any person to store for sale or sell Christmas trees and related holiday
decorations outdoors in the Borough of Pleasant Hills without having
a permit.
(2)
It shall be a violation of this section for
any owner to allow his property to be used for the storage for sale
or sale of Christmas trees and related holiday decorations by any
person who does not have a permit therefor.
(3)
The foregoing notwithstanding, no permit shall
be required for the storage or sale of Christmas trees and related
holiday decorations when conducted indoors in the normal course of
business of any establishment for which a site plan has been approved
and a certificate of occupancy has been granted; or indoor or outdoors
in the normal course of business of any garden shop or nursery for
which a site plan has been approved and a certificate of occupancy
has been granted.
C. Application process.
(1)
All applications for a permit for the outdoor
storage and sale of Christmas trees and related holiday decorations
shall be made to the Borough Zoning Officer. The application must
be accompanied by a copy of a lease or written consent of the property
owner it the applicant is not the record owner of the property.
(2)
All applications must include a copy of the
seller's or property owner's certificate of insurance as proof of
general liability insurance coverage.
(3)
A permit fee of $50 must be provided with the
application. The applicant shall be entitled to a refund of $25 upon
contacting the Zoning Officer upon completion of the sale and the
Zoning Officer finds the location to be clean and returned to its
prior condition. The twenty-five-dollar refund is contingent upon
the Zoning Officer approving the refund based upon the findings of
the Zoning Officer.
(4)
Permits shall commence on November 15 and shall
terminate on December 30 of each year.
(5)
It shall be understood and agreed by any applicant
for and/or any property owner for which a Christmas tree sale permit
has been issued that said applicant and/or property owner shall release,
indemnify and/or hold harmless the Borough of Pleasant Hills, its
agents, officials, employees, officers or representatives from any
and all liability arising out of the sale of the Christmas trees and
holiday decorations. Said claims shall include, but not be limited
to, any and all claims related to the sale and those claims involving
the electrical and plumbing systems as well as any other type of claim
for personal injury or property damage. The permit application shall
specifically include this indemnification and release as a condition
of receiving the permit.
[Added 7-20-2009 by Ord. No. 907]
A. Permit required. It shall be unlawful for any person, partnership,
association, corporation or any other entity conducting business in
the Borough of Pleasant Hills to advertise or hold out by any means
that any sale of goods, wares and merchandise is an insurance, bankruptcy,
mortgage, insolvent, assignees, receivers, trustees, removal or close-out
sale or sale of goods damaged by fire, smoke or water unless a license
to conduct such sale is first obtained from the Zoning Officer of
the Borough of Pleasant Hills.
B. Applicable statute. All such entities described above shall satisfy
the requirements of an Act of the General Assembly of the Commonwealth
of Pennsylvania titled "An Act Regulating and Licensing All Sales
at Retail When Such Sales Are Advertised as "Closing Out Sale," "Fire,
Smoke or Water Damage Sale" or "Defunct Business Sale." Such businesses
shall satisfy the terms of the Act, with exceptions, including but
not limited to the requirements for the filing of inventory and bond,
and providing for appeals and penalties. The requirements of the Act
of July 31, 1963, P.L. 410, No. 217, are hereby adopted as if fully
set forth in this section. A copy of the Act and any amendments thereto
shall be available at the office of the Borough Zoning Officer.
C. Application forms. Application forms for licenses shall be made available
at the office of the Zoning Officer, 410 E. Bruceton Road, Pleasant
Hills, PA 15236. A copy of the application form is attached hereto
as Exhibit "A" and incorporated herein by reference. The content of the application may be amended from time
to time by the Zoning Officer.
D. Fees. Applicants for licenses shall pay a fee of $50 upon the granting
of a license hereunder and a fee of $100 upon the renewal of any license
granted hereunder pursuant to the provisions of Act No. 217, P.L.
410. The license fee shall hereafter be included in the document known
as the Borough of Pleasant Hills Fee Resolution.
E. Bond.
(1)
Applicants, before the granting of a license hereunder, shall
be required to post a bond pursuant to the provisions of Act No. 217,
P.L. 410, the amount of which shall be determined as follows:
(a)
Five percent of the first $100,000 of the retail value of all
goods, wares and merchandise to be offered at such sale;
(b)
Two percent of the next $400,000; and
(c)
One percent of the balance.
(2)
Bond shall be payable to the Commonwealth of Pennsylvania, as
required by Act 217, No. 410.
(3)
The amount of such bond shall be determined by the Act, as may
be amended.
F. Duration of license; renewals. Any license so granted as aforesaid
shall be good for no more than a period of 30 consecutive calendar
days and may be renewed for one additional period not exceeding 30
days, provided that a revised inventory is filed with each application
for renewal of a license, showing the items listed on the original
inventory remaining unsold and that no goods, wares, or merchandise
not included in the original inventory is in stock.
G. Revocation of license. After a license has been granted and it is
established that the licensee has violated any provisions of this
section, the license shall be subject to immediate revocation and
further penalties as defined in this section.
H. Amendments. The licensing fee and bond amounts set forth herein shall
automatically reflect any subsequent amendments to the fee and bonding
amounts as set forth in Act No. 217, P.L. 410, as may be amended.
Therefore, the fees are subject to immediate adjustments consistent
with the Act. To the extent any of the terms of this section are inconsistent
with the terms of the Act of the Legislature, the terms of the Act
shall control. However, the remaining terms of this section shall
remain in full force and effect.
I. Violations and penalties; right of appeal. Any person conducting
or being responsible for any sale requiring a permit or license as
set forth above, without first having obtained the permit or license,
or any person making or being responsible for any misrepresentation
in connection with the goods so offered for sale or sold, or continuing
the same business at the same location after the expiration of a license
issued for conducting any type of sale subject to this section shall,
upon conviction thereof, be punishable by a fine of not less than
$100 nor more than $300 and costs of such proceedings or, upon default
of payment of such fines and costs, by imprisonment in the county
jail for a term of not more than 30 days. Each day any sale is conducted
in violation of this section shall be a separate violation of this
section and therefore subject to cumulative penalties.
[Added 2-16-2020 by Ord. No. 1035]
A. Definition
of "food truck." A food truck, for purposes of this section, is defined
as a mobile vehicle which is engaged in transient retail business.
The terms and provisions hereof apply to a vehicle which temporarily
parks or is stored upon an area open to the public within the Borough
of Pleasant Hills to engage in the service, sale or distribution of
food for individual portions served to the general public and such
sales occur directly from the vehicle. Such vehicles are not limited
to an actual truck, but also are considered to include trailers, carts
or other enclosures which are hitched directly to a vehicle licensed
to operate on the roadways in the Commonwealth of Pennsylvania and/
or transported to a location within the Borough, so long as such carts
and trailers are utilized for the sale of food to the public. For
purposes of this section, the sale of beer, wine and/ or any alcoholic
beverages from a food truck is strictly prohibited.
B. Permit
requirements. It shall be unlawful for any person or entity to maintain
or operate a food truck in the Borough of Pleasant Hills without first
applying for and securing a permit from the Borough. Such permits
shall be valid for no more than one calendar year and the amount of
the fee for the permit shall be set by the Fee Resolution in effect
for the year the Permit is issued.
C. Permit
application process. The issuance of a permit shall depend upon the
completion of an application for the permit and the payment of the
application fee. This fee is subject to change and shall be established
in the Fee Resolution which is in existence at any given time. The
application itself shall be submitted on a form provided by the Borough
and shall include the following information or documents to be provided:
(1) A valid certificate of insurance which names the Borough as an additional
insured;
(2) The name of the applicant; In the event the applicant is a business
entity, the precise name of the business as registered with the Corporations
Bureau of the Commonwealth of Pennsylvania;
(3) Emergency contact information for the applicant, including primary
phone number, cell phone number and email address;
(4) A copy of the registration for the subject food truck, the license
plate number and a copy of any and all state and county permits issued;
(5) A copy of the operator's business license and tax identification
number must be available and provided at the time the application
is submitted;
(6) A list of the types of goods to be sold and the proposed hours of
operation;
(7) Indemnification language as described herein; and
(8) Such other information as may be amended from time to time.
D. Prohibition
of operation until permit is issued. No applicant shall engage in
the operation of a food truck or vending of goods or food until such
time as the application required by this section is processed, all
fees have been paid and the permit is issued. The fee for the permit
is subject to change and shall be set forth within the Fee Resolution
adopted by the Borough and in place for any calendar year. The permit
shall be valid for up to one year. The permit shall define the time
period in which it is valid, and no permit shall be valid for more
than one calendar year from the date upon which the permit is issued.
Upon the expiration of the time period for the permit, the permit
holder is required to submit a new application and obtain a valid
permit in order to continue to operate a food truck business in the
Borough of Pleasant Hills.
E. Standards/regulations
for the operation of food trucks. Any individual or entity who is
issued a permit for the operation of a food truck within the Borough
of Pleasant Hills shall only operate such food truck(s) in accordance
with the following standards and provisions:
(1) Food trucks shall be prohibited from being operated, or from conducting
business within any property, street or location within the R-1, R-2,
R-3, and R-4 Zoning Districts within the Borough of Pleasant Hills.
Food trucks shall be able to operate within the P-1 Zoning District
subject to the restrictions set forth below and as described herein.
Food trucks shall also be permitted to operate within the 0-1, M-1,
C-1, C-2, C-3 and C-4 Zoning Districts.
(2) Vending may occur only between the hours of 7:00 a.m. and 10:00 p.m.
In order to set up the business, food trucks may arrive and be parked
beginning at 6:15 a.m. and they must be removed from the location
at the end of the business day by 10:45 p.m.
(3) Food trucks may not be parked on any street overnight and must be
removed from the street at the end of the business day.
(4) All required Allegheny County and/ or Commonwealth of Pennsylvania
licenses and permits must be valid, in good standing, and posted in
a visible location on or within the food truck at all times.
(5) Each operator of the vehicle must have a valid driver's license at
the time of operation.
(6) The food truck must not be left unattended at any time when it is
parked within the Borough of Pleasant Hills. The person(s) in charge
of the operation must be physically present at all times the business
is open.
(7) Any signs advertising the business must satisfy the ordinances pertaining
to the regulation of signs within the Borough of Pleasant Hills.
(8) Food trucks may only operate in a manner in which patrons are not
exposed to the roadway and no patron of a food truck shall be required
to stand on the street to be served.
(9) No vending is permitted within 25 feet of a fire hydrant.
(10) No vending is permitted on private property within any of the permitted
zoning districts without the express written permission of the property
owner.
(11) Awnings and canopies associated with any food truck shall be at least
seven feet above any public sidewalk.
(12) The operation of the food truck shall be subject to any and all ordinances,
resolutions and Code Book requirements of the Borough of Pleasant
Hills, as may be amended from time to time and as set forth in the
Code Book of the Borough of Pleasant Hills.
(13) No tanks, generators or other equipment shall be placed within the
public right-of-way nor shall any equipment which presents a tripping
hazard be placed in an area where patrons walk. Each truck shall also
be subject to inspection by the Borough Fire Marshal and the permit
holder shall have an obligation to remediate any safety hazards the
Fire Marshal identifies.
(14) No wire or power cord shall be placed in a manner which constitutes
a tripping hazard.
(15) In addition to the above requirements for the annual permit, the
applicant is required to inform the Zoning Officer of the dates and
locations where the food truck will be conducting business in the
Borough. This requirement exists to avoid a situation where a number
of food trucks may be parked at one location at one time, and will
provide an opportunity for the Zoning Officer to place reasonable
limitations as a result of a lack of parking, etc. Notice of where
the truck will operate must be provided to the Zoning Officer at least
48 hours prior to the food truck conducting business, and such notice
may be provided by email to the Zoning Officer. In the event that
other food truck operators have obtained a permit and have provided
notice of their intention to conduct business at the same location
and same time, restrictions may be put in place if parking or other
concerns exist. The opportunity to conduct business in such locations
will be provided on a first-come, first-served basis. The number of
food trucks permitted at any specific venue shall be determined at
the sole discretion of the Zoning Officer, and the determination of
the Zoning Officer shall be final.
(16) The sale of beer, wine or any alcoholic beverages from a food truck
is strictly prohibited.
(17) The number of food trucks that may be operated within the P-1 Civic
Zoning District, within any given time, shall be limited to a maximum
of two, and prior to operating within the P-1 Civic Zoning District,
the operator of the food truck must first obtain a permit and permission
from the Borough for a specific date, time and location.
(18) When determining the food trucks that may be present in the P-1 Civic
Zoning District at any given time, this determination will be made
by the Zoning Officer and shall be based on the permit holder who
first requested that specific date and time.
(19) The Zoning Officer shall decide whether an exception shall be granted
to the maximum number of Food Trucks to exceed two at any given time
within the P-1 Civic Zoning District. Such exceptions may be granted
if the Zoning Officer determines adequate space is available for parking
and, if so, then the number may be increased, at the discretion of
the Zoning Officer, for Borough events such as Community Day, Borough
fund-raising events, such as for the Library, etc. In such cases,
the maximum number of food trucks that may be present at any one time
shall be limited to a total of eight food trucks. All exceptions shall
be subject to the discretion of the Zoning Officer at any particular
point in time. When deciding such exceptions, the Borough may take
into account the number of permits that are issued at any particular
time.
(20) Food trucks which conduct business within the P-1 Civic Zoning District
shall only do so during the days of Friday through Monday. Food trucks
shall be prohibited from operation within the P-1 Civic Zoning District
on Tuesdays, Wednesdays and Thursdays. The hours of operation shall
be as defined above.
F. Insurance
requirements. Each applicant, as owner of the food truck, must obtain
and maintain a general liability insurance policy protecting itself
and naming the Borough as an additional insured from damages of any
nature. Each applicant/owner, as a condition of the permit, is required
to indemnify, defend and hold harmless the Borough of Pleasant Hills,
all elected and appointed officials and employees of the Borough from
any and all claims of any nature, including claims for personal injury,
property damage, and/ or death arising out of the operation of the
food truck and service of food. The general liability policy may not
lapse at any time during the time the permit is issued and said policy
shall have minimum coverage of $1,000,000 for bodily injury or death
and $500,000 for property damage for any one claim. Each such policy
must name the Borough as an additional insured and shall provide that
any cancellation or reduction in coverage shall not be effective unless
30 days' prior written notice of the cancellation or reduction has
been provided to the Borough of Pleasant Hills. Should coverage be
allowed to lapse as a result of nonpayment of the premium or any other
reason, the permit issued to the applicant shall be rendered null
and void and the applicant shall indemnify the Borough for all claims
arising out of the operation of the truck.
G. Violation
and penalty.
(1) Any person, partnership or corporation who or which has violated
or permitted the violation of the provisions of any zoning ordinance
enacted under this act or prior enabling laws shall, upon being found
liable therefor in a civil enforcement proceeding commenced by a municipality,
pay a judgment of not more than $500 plus all court costs, including
reasonable attorney fees incurred by a municipality as a result thereof.
No judgment shall commence or be imposed, levied or payable until
the date of the determination of a violation by the district justice.
If the defendant neither pays nor timely appeals the judgment, the
municipality may enforce the judgment pursuant to the applicable rules
of civil procedure. Each day that a violation continues shall constitute
a separate violation, unless the district justice determining that
there has been a violation further determines that there was a good
faith basis for the person, partnership or corporation violating the
ordinance to have believed that there was no such violation, in which
event there shall be deemed to have been only one such violation until
the fifth day following the date of the determination of a violation
by the district justice and thereafter each day that a violation continues
shall constitute a separate violation. All judgments, costs and reasonable
attorney fees collected for the violation of zoning ordinances shall
be paid over to the municipality whose ordinance has been violated.
(2) The court of common pleas, upon petition, may grant an order of stay,
upon cause shown, tolling the per diem fine pending a final adjudication
of the violation and judgment.
(3) Nothing contained in this section shall be construed or interpreted
to grant to any person or entity other than the municipality the right
to commence any action for enforcement pursuant to this section.