A.
It is the intent of this article to provide special
controls and regulations for particular uses that may be permitted
by right, or by special exception, or by conditional use within the
various zoning districts established in this chapter. Special exceptions
and conditional uses are deemed to be permitted uses in their respective
districts, subject to the satisfaction of the requirements and standards
set forth in this article, in addition to all other requirements of
this chapter. All such uses are hereby declared to possess characteristics
of such unique and special forms that each specific use shall be considered
as an individual case.
B.
The Zoning Hearing Board may grant approval of a special
exception, provided that the applicant complies with the standards
for special exceptions set forth in this article and demonstrates
that the proposed special exception shall not be detrimental to the
health, safety, and welfare of the neighborhood. Similarly, the Borough
Council may grant approval of a conditional use under applicable regulations.
The burden of proof shall rest with the applicant. In granting a special
exception or conditional use, the Zoning Hearing Board or Borough
Council, as appropriate, may attach such reasonable conditions and
safeguards in addition to those expressed in this chapter, as it may
deem necessary to implement the purposes of this chapter.
The procedure for consideration of a special exception or conditional use shall follow the procedure for review and hearings as stated in Article XII of this chapter.
In addition to any plan informational requirements
for a specific land use identified in this article, a special exception
or conditional use application shall be accompanied by a scaled drawing
of the site with sufficient detail and accuracy to demonstrate compliance
with all applicable provisions of this chapter and shall include the
following:
A.
The location of all buildings, parking areas, traffic
access and circulation drives, open spaces, landscaping, and other
pertinent information.
B.
The names and addresses of adjoining property owners,
including properties directly across a street right-of-way.
C.
Ground floor plans and building elevations of proposed
structures.
D.
A written narrative of the proposed use in sufficient
detail to determine that all applicable standards are adequately addressed.
In order to receive a special exception or conditional
use approval, the applicant shall establish by credible evidence presented
to the Zoning Hearing Board or Borough Council, as applicable, with
the application or during the hearings, that:
A.
The proposed use is consistent with the purpose and
intent of this chapter.
B.
The proposed use does not detract from the use and
enjoyment of adjoining or nearby properties.
C.
The application complies with all criteria established
for the respective land use proposal addressed elsewhere in this chapter.
D.
The proposed use does not substantially impair the
integrity of the Strategic Comprehensive Plan for the Cocalico Region.
E.
The required front yard, side yards, open space areas,
and height limitations for the applicable zoning district have been
met.
F.
The off-street parking provisions are in conformance with those specified in Article VIII of this chapter.
G.
Points of vehicular access to the lot are provided
at a distance from intersections and other points of access and in
number sufficient to prevent undue traffic hazards and obstruction
to the movement traffic.
H.
The location of the site with respect to the existing
roads giving access to it is such that the safe capacity of those
roads is not exceeded by the estimated traffic generated or attracted
and is not out of character with the normal traffic using said public
road.
I.
The pedestrian access from the off-street parking
facilities is separated from vehicular access and is sufficient to
meet the anticipated demand.
J.
The proposed use is not incompatible with the existing
traffic conditions and adjacent uses and will not substantially change
the character of the immediate neighborhood.
K.
Facilities are available to adequately service the
proposed use (e.g., schools, fire, police, and ambulance protection,
sewer, water, and other utilities, etc.).
L.
Screening of the proposed use from adjacent uses is
sufficient to prevent the deleterious impact of the uses upon each
other.
M.
The use of the site complies with the requirements
of any other public agency having jurisdiction over the proposed use.
N.
Operations in connection with a special exception
or conditional use will not be more objectionable to nearby properties
by reason of noise, odor, fumes, vibration, glare, or smoke than would
be the operations of any permitted use.
O.
Sufficient setbacks to and/or from agricultural operations
are provided, in accordance with the applicable district regulations.
In addition to those items required by §§ 200-58 and 200-59 (if applicable), each of the following land uses contains criteria that shall be addressed by the applicant and reviewed by the Zoning Officer, when permitted by right, or by the Zoning Hearing Board, when permitted by special exception, or by the Borough Council, when permitted by conditional use.
[Added 9-25-2023 by Ord. No. 685]
A.
Accessory dwelling unit. The installation of an accessory dwelling
unit in new and existing single-family dwellings (hereinafter "principal
dwellings") in the R-1, R-2, and R-3 Districts only shall be allowed
by special exception, subject to the following development, design
and owner-occupancy standards:
(1)
All provisions of the zoning district shall apply, except the
provisions regarding the number of dwelling units permitted on a lot.
(2)
The design and construction of an accessory dwelling unit shall
conform to all applicable standards in the Borough of Denver's
building, plumbing, electrical, fire and any other applicable codes.
(3)
An accessory dwelling unit shall be contained in, or attached
to, the principal dwelling or shall be located within a detached garage.
(4)
An accessory dwelling unit may be constructed in either an existing
or a new single-family dwelling.
(5)
The addition of an accessory dwelling unit to the principal
dwelling shall be designed so that the appearance of the building
remains that of a single family dwelling.
(6)
The maximum size of an accessory dwelling unit shall not exceed
40% of the principal dwelling total floor area, nor more than 1,000
square feet, nor have more than two bedrooms.
(7)
Occupancy of an accessory dwelling unit, or principal dwelling,
shall be limited to the property owner or those related by blood or
marriage or adoption to the property owner.
(8)
Accessory dwelling units shall not be located in basements.
(9)
Only one accessory dwelling unit shall be permitted per principal
dwelling.
(10)
Restoration plan. A plan for the removal of the accessory dwelling
unit that identifies those structures, exterior and interior walls,
electrical and plumbing improvements and connections to public water
and sewer services to be retained and those to be removed upon termination
of the accessory dwelling unit shall be submitted with the application
for an accessory dwelling unit permit. In particular it shall include
a removal plan for the stove.
(11)
One off-street parking space shall be provided for the occupants
of the accessory dwelling unit in addition to any off-street parking
required for the principal use.
B.
Accessory dwelling unit permits.
(1)
In the event an application is approved, then an accessory dwelling
unit permit shall be issued to the applicant. The accessory dwelling
unit permit shall be deemed to be automatically revoked upon vacation
of the accessory dwelling unit, or principal dwelling unit, by the
property owner or those related by blood or marriage or adoption to
the property owner.
(2)
Any property owner with an existing accessory dwelling unit
at the time of the passage of this section shall have a period of
90 days from said date to apply for an accessory dwelling unit permit,
subject to the following:
(3)
An accessory dwelling unit permit shall expire December 31 of
each year and, once granted, may be renewed without additional hearings,
subject to the provisions of this section, by completing the renewal
form prescribed by the Zoning Officer and paying the annual permit
fee adopted by Borough Council. Failure to apply for renewal and/or
failure to pay for the annual permit shall be grounds for revocation
of a permit.
(4)
The Zoning Officer, or designee, shall have the right, at any
time, upon reasonable request, to enter and inspect an accessory dwelling
unit for which an accessory dwelling unit permit has been issued.
(5)
The permit holder shall notify the Zoning Officer in writing
within 90 days once the accessory dwelling unit is no longer needed,
the property is sold or for some other reason the applicant no longer
meets the requirements for such use. Upon notification, the accessory
dwelling unit permit shall be terminated. The applicant shall then
comply with the terms of the restoration plan within 90 days of the
date of termination.
A.
No portion of any lot including such a use shall be
located within 500 linear feet of any portion of one lot, including
any of the following uses: primary or secondary school, church or
related use, amusement park, public park, camp or campground, community
center, museum, day-care center, child nursery, library, residential
district or any site marked as a proposed future park location on
any Borough Official Map.
B.
No such use shall be located within 1,000 linear feet
of any existing adult use.
C.
A forty-foot buffer yard shall be provided, regardless of zoning district, along the side and rear lot lines in accordance with § 200-29 of this chapter, but with plantings of an initial minimum height of five feet.
D.
No obscene or pornographic material or words shall
be placed in view of persons who are not inside of the establishment.
Definite precautions shall be made to prohibit minors from entering
the premises.
E.
The applicant must prove to the satisfaction of the
Zoning Hearing Board that such use would not significantly adversely
impact the desirable character of the surrounding area, including
property values.
F.
No such use shall be used for any purpose that violates
any federal, state or Borough law. Any violation of this zoning requirement
involving a serious criminal offense that the proprietor has continuing
knowledge of and allows to occur shall be sufficient reason for the
Borough to withdraw the zoning permit.
G.
No such use shall be allowed in combination with the
sale or consumption of alcoholic beverages.
H.
The use shall not include the sale or display of obscene
materials. "Obscene materials" shall be as defined by state law, except
the words "reasonable persons" shall be substituted for "average person
applying contemporary community standards."
I.
A minimum lot size of two acres is required.
J.
Any private viewing booths shall be completely enclosed
and limited to one person per booth.
K.
No use may include live actual or simulated sex acts.
A.
A minimum lot size of at least 20,000 square feet
shall be required for those animal hospitals treating small animals
(such as cats, birds, exotic animals). A minimum lot size of at least
40,000 square feet shall be required for those animal hospitals treating
large animals (such as cattle, horses, etc.).
B.
All buildings in which animals are housed or provided
care shall be located at least 20 feet from all lot lines. Buildings
should be adequately soundproofed so that sounds generated within
the buildings cannot be perceived at the lot lines.
C.
Outdoor animal runs may be provided for small animals
so long as a visual barrier at least four feet in height is provided
between the runs and a double evergreen screen at least six feet in
height is provided around the runs. No animal shall be permitted to
use the outdoor runs from 8:00 p.m. to 8:00 a.m.
A.
No more than four rental units shall be provided and
no more than four persons may occupy one rental unit.
B.
One off-street parking space shall be provided for
each rental unit in addition to the parking required for the residential
use of the dwelling. The off-street parking spaces shall be located
either to the rear of the main building or screened from the street
and abutting dwellings by evergreen screening or solid wooden fencing.
However, no parking spaces shall be located within the front yard.
C.
At least one full bathroom shall be provided for use
by every two guestrooms.
D.
A preexisting residence shall retain a residential
appearance and character.
E.
The use shall be carried on by members of a family,
who must reside in the primary premises, or by a resident agent/innkeeper.
F.
There shall be no separate kitchen facilities, nor
shall there be separate cooking facilities, including oven, stove,
microwave, hot plate, etc., in any guest room. Food preparation shall
be only for guests who are staying overnight and be limited to breakfast.
G.
The maximum, uninterrupted length of stay at a bed-and-breakfast
shall be seven days.
H.
The use of any amenities provided by the bed-and-breakfast,
such as a swimming pool or tennis court, shall be restricted in use
to the guests and permanent residents of the establishment.
I.
Public water and public sewer service shall be provided.
J.
The bed-and-breakfast establishment shall comply with
all applicable state and federal regulations, including, but not limited
to, the regulations of the Pennsylvania Department of Labor and Industry.
K.
If a new building is constructed to house a bed-and-breakfast,
it shall be consistent with the predominant residential dwellings
of 50 years or older in the neighborhood with regard to building location,
setback, width and height.
Businesses with drive-through facilities, including,
but not limited to, facilities located accessory to banks, restaurants,
beverage sales, etc., shall be subject to the following criteria,
where applicable:
A.
Exterior trash receptacles shall be provided and routinely
emptied so to prevent the scattering of litter. All applications shall
include a description of a working plan for the cleanup of litter.
B.
All drive-through window lanes shall provide sufficient
space to stack vehicles waiting to transact business and shall be
separated from the parking lot's interior driveways by the use of
curbs and/or planting islands.
C.
Any exterior speaker/microphone system shall be arranged
and/or screened to prevent objectionable noise impacts on adjoining
properties.
D.
Any exterior seating/play areas shall be completely
enclosed by a minimum three-foot-high fence.
A.
Public sewer and water facilities shall be utilized
and gray water recycling is required.
B.
For automatic and self-service vehicle washes, each
washing bay shall provide a minimum one-hundred-foot long on-site
stacking lane which precedes the washing process. For full service
vehicle washes, such on-site stacking shall be a minimum of 300 feet
per lane.
C.
For full service vehicle washes, a post-washing drying
area shall be provided for no fewer than six vehicles per washing
lane.
D.
All structures housing washing apparatuses shall be
set back 100 feet from any street right-of-way line, 50 feet from
any rear property line, and 20 feet from any side lot line.
E.
Trash receptacles shall be provided and routinely
emptied to prevent the scattering of litter, and the applicant shall
furnish and implement a working plan for the cleanup of litter and
debris.
F.
The applicant shall demonstrate adequate provision
for the collection and disposal of greases and wastes.
G.
Traffic flow and ingress-egress shall not cause traffic
hazards on adjacent streets.
H.
Access points shall be limited to two on each street
abutting the lot.
I.
On-lot traffic circulation channels and parking areas
shall be clearly marked.
J.
Signs and outdoor lighting shall be in accordance
with this chapter.
K.
Water from the car wash operation shall not flow onto
sidewalks or streets to prevent hazards from ice.
L.
The Zoning Hearing Board shall determine hours of
operation of the use, based on the proposed location of said use.
M.
Any chemicals that may be hazardous to aquatic life
shall be stored within an area that will completely contain any leaks
or spills.
A.
Cemeteries shall be on a lot at least two acres in
area.
B.
All structures and graves shall be set back a minimum
of 60 feet from the lot line of an abutting residential use or any
abutting residentially zoned lot.
C.
Cemeteries shall be limited to the burial or interment
of the remains of humans.
Churches and related uses are subject to the
following criteria:
B.
Church related residences (parsonages, convents, etc.):
C.
Church related educational or day-care facilities:
(1)
All educational or day-care uses shall be accessory
and located upon the same lot as a church.
(2)
If education or day care is offered below the intermediate
level, an outdoor play area shall be provided, at a rate of 100 square
feet per individual enrolled. Off-street parking lots shall not be
used as outdoor play areas, unless the applicant can demonstrate that
such parking lots are not in use during play periods. Outdoor play
areas shall not be located within the front yard, and must be set
back 10 feet from all property lines. Any vegetative materials located
within the outdoor play areas shall not be of a harmful type (poisonous,
thorny, allergenic, etc.). All outdoor play areas must provide a means
of shade, such as a shade tree(s) or pavilion(s).
(3)
Enrollment shall be defined as the largest number
of persons under day-care supervision at any one time during a seven-day
period.
(4)
Passenger dropoff areas shall be provided and arranged
so that passengers do not have to cross traffic lanes on or adjacent
to the site.
(5)
All educational or day-care uses shall be governed
by the location, height, and bulk standards imposed upon principal
uses within the underlying district.
(6)
Unless the applicant can demonstrate that the off-street
parking associated with the church is sufficient for the proposed
use, one off-street parking space shall be provided for each six persons
enrolled, plus one parking space for each employee.
A.
Short title. This section shall be known as the "Borough of Denver
Wireless Communications Facilities Ordinance."
B.
Purposes and findings of fact.
(1)
The purpose of this section is to establish uniform standards for
the siting, design, permitting, maintenance, and use of wireless communications
facilities in the Borough of Denver. While the municipality recognizes
the importance of wireless communications facilities in providing
high quality communications service to its residents and businesses,
the municipality also recognizes that it has an obligation to protect
public safety and to minimize the adverse visual effects of such facilities
through the standards set forth in the following provisions.
(2)
By enacting this section, the municipality intends to:
(a)
Regulate the placement, construction and modification of wireless
communication facilities to protect the safety and welfare of the
public;
(b)
Provide for the managed development of wireless communications
facilities in a manner that enhances the benefits of wireless communication
and accommodates the needs of the public and wireless telecommunications
operators in accordance with federal and state laws and regulations;
(c)
Establish procedures for the design, siting, construction, installation,
maintenance and removal of tower-based, non-tower-based, and small
wireless communications facilities in the municipality, including
facilities both inside and outside the public rights-of-way;
(d)
Address new wireless technologies, including, but not limited
to, distributed antenna systems, data collection units, and other
wireless communications facilities;
(e)
Encourage the co-location of wireless communications facilities
on existing wireless support structures rather than the construction
of new wireless support structures;
(f)
Minimize the total number of towers and tower sites throughout
the Borough by utilizing existing buildings and structures, repeaters
and other means of deploying telecommunication facilities without
the need for towers, particularly towers visible for long distances,
visible across open landscapes, or which pierce the surrounding tree
canopy;
(g)
Encourage the configuration of towers and antennas in a way
that minimizes the adverse visual impact of the towers and antennas;
(h)
Protect the public 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;
(i)
Ensure that wireless communications facilities will be removed
in the event that such wireless communications facilities are abandoned
or become obsolete and are no longer necessary; and
(j)
Update the Borough's Wireless Communications Facilities Ordinance
to incorporate changes in federal laws and regulations.
C.
D.
Regulations applicable to all tower-based wireless communications
facilities.
(1)
The following regulations shall apply to all tower-based wireless
communications facilities:
(a)
Procedures.
[1]
Any applicant proposing construction of a new tower-based WCF shall submit plans to the Zoning Hearing Board for review and determination by the Zoning Hearing Board in accordance with the procedures and requirements of Part II, Chapter 200, Article XII, § 200-152 et seq., as a special exception, subject to the restrictions and conditions prescribed herein and subject to the prior written approval of the municipality.
[2]
The applicant shall prove that it is licensed by the FCC to
operate a tower-based WCF and that the proposed tower-based WCF complies
with all applicable standards established by the FCC governing human
exposure to electromagnetic radiation.
(b)
Development requirements. Tower-based wireless communications
facilities shall be developed in accordance with the following requirements:
[1]
Permitted subject to conditions. Any tower-based WCF that is either not mounted on any existing support structure or is more than 25 feet higher than the support structure on which it is mounted is permitted in certain zoning districts as a special exception, subject to the restrictions and conditions prescribed herein and subject to the prior written approval of the municipality. The Zoning Hearing Board may grant special exception use in accordance with the procedures and requirements of Part II, Chapter 200, Article XII, § 200-152 et seq.
[a]
Siting. Tower-based WCF shall only be permitted in the following districts by special exception, subject to the requirements and prohibitions of § 200-69:
[b]
Coverage or capacity. An applicant for a tower-based
WCF must demonstrate that a gap in wireless coverage or capacity exists
and that the type of WCF and siting being proposed is the least intrusive
means by which to fill the gap in wireless coverage or capacity. The
existence or nonexistence of a gap in wireless coverage or capacity
shall be a factor in the municipality's decision on an application
for approval of tower-based WCFs.
[c]
Co-location. An applicant for a tower-based WCF
must demonstrate there is not suitable space on existing wireless
service facilities or other wireless service facility sites or on
other sufficient tall structure where the intended wireless service
facility can be accommodated and function as required by its construction
permit or license without unreasonable modification.
[d]
Site plan. An applicant for a tower-based WCF must
submit a full site plan to the Zoning Hearing Board which shall include,
but shall not be limited to, the following documentation and materials:
[i]
Name(s), address(es) and contact information of
persons preparing submitted plans, reports and information; name(s),
address(es) and contact information of the property owner, WCF operator,
and WCF applicant.
[ii]
Written authorization by affidavit from the property owner of the proposed tower-based WCF site that such facility may be sited on the property; written authorization by affidavit from the property owner consenting to the making of the application to the Borough for a special exception; written acknowledgment by affidavit from the property owner of being bound by § 200-69, the conditions of any site plan approval authorized by the Borough, and all other requirements of the Code of the Borough of Denver.
[iii]
A site plan that is drawn to scale and includes
the following features: property boundaries; any tower guy wire anchors
and other apparatus; existing and proposed support structures; scaled
elevation view; access road(s) location and surface material; parking
area; drainage; snow storage area(s); power source(s); location and
content of (any or warning) signs; exterior lighting specifications;
provision for police, fire or emergency vehicle access to the site
and facilities; landscaping plan; surface material(s); existing vegetation;
fences, obstructions, and boundaries; land elevation contours; existing
land uses surrounding the site; proposed transmission building and/or
other accessory uses with details; elevations; and proposed use(s).
The elevations and details shall provide, as appropriate, information
about the facilities of other users if the applicant is considering
the co-location of additional antennas, equipment and other facilities,
including the relationship of the height of the tower to the feasibility
of co-location of additional facilities. The site plan shall also
include a description of the proposed communication tower and facility
and such other information that the Zoning Hearing Board requires.
[iv]
A written report that includes, but is not limited
to, the following documentation and materials: information describing
the tower height and design; a cross section of the tower; engineering
specifications detailing construction of the tower, base and guy wire
anchorage; information describing the proposed painting and lighting
schemes; information describing the tower's capacity, including, but
not limited to, the number and type of antennas that it can accommodate;
radio frequency coverage including, but not limited to, scatter plot
analysis and the input parameters for the scatter plot analysis. All
tower structure information shall be certified by a registered professional
engineer (P.E.) licensed by the Commonwealth of Pennsylvania; and
all wireless telecommunications data shall be certified by an appropriate
wireless telecommunications professional.
[v]
A visual environmental assessment form (EAF) addendum
shall accompany the full environmental assessment form (EAF) to be
submitted with the site plan. Following review of the visual EAF addendum,
a visual impact analysis or study may be required to further assess
the visual impact of a proposed tower facility. Any visual assessment
shall consider the effects of any proposed or potential plans for
co-location and shall include additional development alternatives
or scenarios, as appropriate, to properly consider the effects of
co-location. The consideration of alternative designs may be requested
as part of the visual assessment, such as flagpole technology (a monopole
with internal antennas), a camouflaged pole and antennas, installation
of antennas on existing structures at appropriate locations, the use
of whips (individual antennas) on utility poles and connection with
a fiber-optic network, if available, or other designs that may provide
for the mitigation of visual impacts. The methodology for any visual
analysis should be approved by the Zoning Hearing Board and shall
address impacts on nearby viewsheds, ridgelines, scenic features and
historic sites and structures identified as significant, as well as
compatibility with nearby land uses. The Zoning Hearing Board may
consider methodologies, including, but not limited to, the following:
photographic simulation or photographic montage, with and without
foliage; a demonstration using a balloon or the top of the actual
structure on a project site, based on the following requirements:
[A]
Balloon to be flown at actual height. Alternatively,
the top portion of a tower structure with all proposed antennas and
appurtenances attached, to be temporarily held up at actual height
(typically by a crane);
[B]
Approximate actual color/finish;
[C]
Balloon or top of tower to have same reflective
property;
[D]
Balloon to approximate bulk and diameter of proposed
tower and appurtenances. Top of tower to include all proposed antennas
and appurtenances;
[E]
Balloon to be flown, or top of tower to be held
up, for a minimum of eight hours;
[F]
Sufficient notification to neighboring residents.
[vi]
A landscape plan shall delineate existing vegetation
and wooded areas to remain undisturbed, specimen trees of six inches
in diameter at breast height (dbh) or larger and the height of the
surrounding treeline, and shall identify vegetation to be removed,
including areas to be kept clear by mowing, and the location, size,
type and number of all proposed plantings. Additionally, any other
improvements, such as fences and walls, shall be shown, including
the purpose of such improvements and details, elevations, materials
and color and any other information related to landscaping improvements,
their purpose and appearance.
[vii]
A written report, titled "Cost of Wireless Facilities
Removal" certified by a registered professional engineer (P.E.) licensed
by the Commonwealth of Pennsylvania, detailing the total cost of removing
and disposing of the tower, antenna, and all related facilities.
[viii]
Where the tower-based WCF is located on a property
with another principal use, the applicant shall prove that the owner
of the property has granted an easement for the proposed facility
and that vehicular access is provided to the facility.
[ix]
An inventory of its existing wireless communications facilities, including, but not limited to, all tower-based, non-tower, and small WCF, that are either sited within the Borough of Denver or within 1/4 mile of the border thereof. Such inventory shall include specific information about the location, height, design, and use of each wireless communications facility. The municipality may share such information with other applicants applying for site plan approvals or special exception use under § 200-69 or other organizations seeking to locate wireless communication facilities within the municipality; provided, however, that the municipality is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.
[x]
An evaluation of the need for additional buffer
yard treatments.
[2]
Underground district. A tower-based WCF shall not be located
in, or within 300 feet of, an area in which utilities are required
to be located underground.
[3]
Prohibited in open space and conserved lands. Tower-based WCFs
shall not be located within an open space or conserved land.
[4]
Prohibited in environmentally sensitive areas. No tower-based
WCF shall be located in, or within 500 feet of, the habitat of a threatened
or endangered animal species.
[5]
Bulk use requirements. All tower-based WCFs shall comply with
any bulk use or supplemental development requirements for the zoning
district where the tower-based WCF is sited.
[6]
Ancillary uses. All other uses ancillary to the tower-based
WCF and associated equipment (including, but not limited to, a business
office, maintenance depot, or vehicle storage) are prohibited from
the tower-based WCF site unless otherwise permitted in the zoning
district in which the tower-based WCF site is located.
[7]
Sole use on a lot. A tower-based WCF may be permitted as a sole
use on a lot subject to minimum setbacks for tower-based WCF, as well
as the minimum lot area and yards complying with the requirements
for the applicable zoning district.
[8]
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 residential, industrial, commercial, institutional or
municipal use, subject to the following conditions:
[a]
Existing use. The existing use on the property
may be any permitted use in the applicable district, and need not
be affiliated with the wireless communications facility.
[b]
Minimum lot area. The minimum lot shall comply
with the requirements for minimum setbacks for tower-based WCF, as
well as 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.
[9]
Minimum setbacks for towers. If a new tower is constructed (as
opposed to mounting the antenna on an existing tower or wireless support
structure), the minimum distance between the tower and any property
line or public right-of-way line shall be equal to the height of the
tower plus the distance of the corresponding minimum yard setback
(front, side and rear) for the zoning district in which the lot is
located and any other additional requirements for that zoning district.
Guy wires and accessory facilities must also satisfy the minimum zoning
district setback requirements.
[10]
Minimum setbacks for accessory structures. All
tower-based WCF installations shall comply with the accessory structure
setback requirements in the Code, and shall be mounted in the rear
yard or on the roof unless reception is inhibited or visibility increased.
The additional setback distance, equal to the tower height, shall
not be applied to the related buildings proposed to house equipment
and for maintenance and operation of the communication tower and facility.
However, the related buildings shall be located so as to minimize
visibility from adjacent properties and, if the Zoning Hearing Board
so directs, shall be located in the rear of the site, and shall be
effectively screened from the view of the site's road frontage(s).
[11]
Gross floor area. The total gross floor area for
any related buildings shall be the minimum size necessary for operation
and shall not exceed 600 square feet per operator or user with facilities
located on the site. Operators and users on sites with more than one
such structure shall share such structures whenever possible to minimize
the number and total area of such structures on a site.
[12]
Separation. A tower-based WCF with a height greater
than 90 feet shall not be located within 1/4 of a mile from any existing
tower-based WCF with a height greater than 90 feet.
(c)
Timing of determination. All applications for tower-based WCFs
shall be acted upon within 150 days following the receipt of the following:
1) a fully completed application for the approval of such tower-based
WCF; and 2) a fully paid, nonrefundable application fee in an amount
specified by the Master Fee Schedule. If the municipality receives
an application for a tower-based WCF and such application is not fully
completed, then the municipality shall promptly notify the applicant
that the application is not complete and the time for the approval
of such application shall not commence until a fully completed application
is received by the municipality. Unpaid applications are incomplete
and not duly filed with the Borough.
(d)
Notice. No later than 30 days following the submission of a
fully completed application for a tower-based WCF and the scheduling
of the public hearing (if required), the applicant shall mail notice
to all owners of every property within a 500-foot radius of the proposed
wireless communications facility. The applicant shall provide proof
of mailing of the notification to the municipality within 15 days
of completion of notification. If a public hearing is required, notice
of any hearing before the Zoning Hearing Board shall be published
by applicant in a newspaper circulating within the Borough of Denver
at least 10 days' prior to the date of said hearing; any mailing of
notices that may be required by the Zoning Hearing Board shall be
completed by applicant at least 10 days before such hearing and the
proof of mailing shall be provided to the municipality at least five
days before such hearing. The preparation and cost of publication
and mailing of any notice required for such hearing shall be at the
cost and expense of the applicant. Proof of mailing to all required
property owners shall be demonstrated by providing the Borough with
a certificate of mailing (USPS Form 3817 or 3877).
(e)
Co-location.
[1]
An application for a new tower-based WCF shall not be approved
unless the municipality finds that the wireless communications equipment
planned for the proposed tower-based WCF cannot be accommodated on
an existing or approved structure or wireless support structure.
[2]
Any applicant proposing construction of a new tower-based WCF
outside the public rights-of-way shall demonstrate to the satisfaction
of the municipality, by written affidavit, that a good faith effort
has been made to obtain permission to mount the tower-based WCF antenna
on an existing structure or wireless support structure. The Borough
may deny any application to construct a new tower if the applicant
has not made a good faith effort to co-locate the antenna on an existing
tower, structure, or other wireless support structure. A good faith
effort shall require that all owners of potentially suitable towers,
structures, or wireless support structures within a one-quarter-mile
radius of the proposed tower-based WCF site be contacted and that
the applicant certifies by written affidavit to the Zoning Hearing
Board that one or more of the following reasons for not selecting
such structure apply:
[a]
The proposed WCF and related equipment would exceed
the structural capacity of the existing structure and its reinforcement
cannot be accomplished at reasonable cost;
[b]
The proposed WCF and related equipment would cause
radio frequency interference with other existing equipment for that
existing structure and the interference cannot be prevented at reasonable
cost;
[c]
Such existing structure does not have adequate
location, space, access or height to accommodate the proposed equipment
or to allow it to perform its intended function; and/or
[d]
A commercially reasonable agreement cannot be reached
with the owner(s) of such structure.
(f)
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 Communications Infrastructure
Contractors Association (formerly, 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 or safety
of any person or damage any property in the municipality.
(g)
Wind and ice. All tower-based WCF structures shall be designed
to withstand the effects of wind and ice according to the standards
promulgated by the American National Standards Institute as prepared
by the engineering departments of the Electronics Industry Association,
and Telecommunications Industry Association (ANSI/EIA/TIA-222, as
amended). All tower-based WCF structures shall also be designed and
constructed to withstand the wind and ice loads for the place of installation
in accordance with the Pennsylvania Uniform Construction Code.[2]
[2]
Editor's Note: See 34 Pa. Code, Chapters 401-405.
(h)
Height. Any tower-based WCF shall be designed and constructed
at the minimum functional height. All tower-based WCF applicants must
submit documentation to the municipality justifying the total height
of the structure. In no case shall a tower-based WCF exceed a maximum
height of 160 feet.
(i)
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.
(j)
Maintenance. The following maintenance requirements shall apply:
[1]
Any tower-based WCF shall be fully automated and unattended
on a daily basis and shall be visited only for maintenance or emergency
repair.
[2]
Such maintenance shall be performed to ensure the upkeep of
the facility in order to promote the safety and security of the public.
[3]
All maintenance activities shall utilize nothing less than the
best available technology and practices for preventing failures and
accidents.
[4]
The municipality reserves the authority to require the cleaning,
repainting, or repair, of a tower-based WCF, including, but not limited
to, the tower, accessory equipment, and any other area where the exterior
surface or appearance of such facility is not regularly or properly
maintained, cleaned, repainted, or repaired.
[5]
Tower-based WCF operators bear sole financial responsibility
for all maintenance or emergency repair costs.
(k)
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. The owner
or operator of such tower-based WCF shall submit proof of compliance
with any applicable radio frequency emissions standards to the Borough
Secretary on an annual basis, or within 30 days following a written
request by the Borough. A tower-based WCF generating radio frequency
emissions in excess of the standards and regulations of the FCC shall
be considered an emergency. The municipality reserves the authority
to revoke the permit of any tower-based WCF that: 1) fails to timely
submit proof of compliance; or 2) that is generating radio frequency
emissions in excess of the standards and regulations of the FCC.
(l)
Historic buildings and districts. No tower-based WCF may be
located in or within 100 feet of any historic or preservation district,
property, building or structure that is listed on either the National
or Pennsylvania Register of Historic Places, or eligible to be so
listed, or is included in the official historic structures list maintained
by the municipality, or so designated as a landmark pursuant to the
Code.
(m)
Signs. All tower-based WCFs shall post a sign in a readily visible
location identifying the name and phone number of a party to contact
in the event of an emergency. No other signage or display is permitted.
(n)
Lighting. Tower-based WCF shall not be artificially lighted,
except as required by law. Towers shall be galvanized and/or painted
with a rust-preventive paint of an appropriate color to harmonize
with the surroundings. If lighting is required, the applicant shall
provide to the Borough a detailed plan for sufficient lighting, demonstrating
as unobtrusive and inoffensive an effect as is permissible under state
and federal regulations.
(o)
Emergency power supplies. Any tower-based WCF shall be constructed
with both primary and secondary sources of electric power. The secondary
source of electric power shall be an electric generator, located on
site and equipped with sufficient power reserves to supply continuous
electric power to operate the tower-based WCF and its antennae for
a period of 10 days. The secondary source of electric power shall
not be used, except in emergency situations involving the loss of
the primary power source. The WCF operator may activate the electric
generator on weekdays, between 9:00 a.m. and 5:00 p.m., excluding
federal holidays, to test the secondary power source or to perform
routine maintenance on the electric generator, provided that the WCF
operator deliver written notice to the Borough Secretary at least
five business days' prior to such electric generator testing or electric
generator maintenance.
(p)
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 Code of the Borough of Denver, except as provided
with respect to the use of an electrical generator herein, where such
noise standards may be exceeded on a temporary basis only.
(q)
Aviation safety. Tower-based WCFs shall comply with all federal
and state laws and regulations concerning aviation safety.
(r)
Inspection report requirements. No later than the first day
of December of each odd-numbered year, or within 30 days following
a written request by the municipality, the owner of the tower-based
WCF shall have said tower-based WCF structure inspected by a Pennsylvania-licensed
and registered professional engineer (P.E.) who is regularly involved
in the maintenance, inspection, and/or erection of tower-based WCFs.
At a minimum, this inspection shall be conducted in accordance with
the Tower Inspection Class checklist provided in the Electronics Industries
Association (EIA) Standard 222, Structural Standards for Steel Antenna
Towers and Antenna Support Structures. A copy of said inspection report
and certification of continued use shall be provided to the Borough
Secretary following the inspection. Any repairs advised by the report
shall be effected by the owner no later than 60 calendar days after
the report is filed with the municipality. No later than 30 calendar
days upon completion of aforesaid repairs, the tower-based WCF structure
shall again be inspected in accordance with the parameters and requirements
described herein.
(s)
Retention of consultants or experts. The Borough may hire any
consultant(s) and/or expert(s) necessary to assist the Borough in
reviewing and evaluating the application for determination 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) and/or expert(s) in providing
expert evaluation and consultation in connection with these activities.
(t)
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.
(u)
Removal. In the event that use of a tower-based WCF is planned
to be discontinued, the owner shall provide written notice to the
municipality, at least 90 days in advance of the discontinuance date,
of its intent to discontinue use and the date when the use shall be
discontinued.
[1]
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 municipality.
[2]
If the WCF and/or accessory facility is not removed within six
months of the cessation of operations at a site, or within any longer
period approved by the municipality, the WCF and accessory facilities
and equipment may be removed by the municipality and the cost of removal
assessed against the owner of the WCF. Any cost to the municipality
for such removal which is not paid under the owner's bond shall constitute
a lien on the tax lot on which the tower-based WCF is situated and
shall be collected in the same manner as a municipal tax on real property.
[3]
Any unused portions of tower-based WCFs, including, but not
limited to, antennas, shall be removed within six months of the time
of cessation of operations. The municipality must approve all replacements
of portions of a tower-based WCF previously removed.
(v)
Public rights-of-way. No tower-based wireless communications
facility shall be located, in whole or in part, within the public
rights-of-way.
(w)
Eligible facilities request.
[1]
Applicants proposing a modification to an existing tower-based
WCF that does not substantially change the dimensions of the underlying
wireless support structure shall be required only to obtain a construction
permit from the municipality.
[2]
In order to be considered for such permit, the tower-based WCF
applicant must submit a construction permit application to the municipality
in accordance with the Code.
(x)
Design regulations:
[1]
Any height extensions to an existing tower-based WCF shall require
prior approval of the municipality. The municipality 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
municipality.
[2]
The tower-based WCF shall employ the most current and effective
stealth technology available in an effort to appropriately blend into
the surrounding environment and minimize aesthetic impact. The application
of the stealth technology chosen by the WCF applicant shall be subject
to the approval of the municipality.
[3]
Any proposed tower-based WCF shall be designed and constructed
in all respects, including, but not limited to, structurally and electronically,
to accommodate both the tower-based WCF applicant's antennae and comparable
antennae for future users.
[4]
All utilities that are extended to the site of the tower-based
WCF shall be placed underground.
(y)
Surrounding environs:
[1]
The tower-based WCF operator shall ensure that the existing
vegetation, trees and shrubs located within proximity to the tower-based
WCF structure shall be preserved to the maximum extent possible.
[2]
The tower-based WCF applicant shall include in its site plan
submission a soil report to the municipality complying with the standards
of Appendix I: 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.
(z)
Fence/screen:
[1]
A security fence having a height of six feet shall completely
surround any tower-based WCF, guy wires, or any building housing WCF
equipment.
[2]
An evergreen screen shall be required to surround the site.
The screen can be either a hedge (planted three feet on center maximum)
or a row of evergreen trees (planted 10 feet on center maximum). The
evergreen screen shall be a minimum height of six feet at planting
and shall grow to a minimum of 15 feet at maturity.
[3]
Existing mature tree growth, vegetation, and natural land forms
on and around the site shall be preserved to the maximum extent possible.
In some cases, such as tower-based WCF sited on large, wooded lots,
natural growth around the property perimeter may be sufficient buffer.
(aa)
Accessory equipment:
[1]
Ground-mounted equipment associated to, or connected with, a
tower-based WCF shall be underground or screened from public view
using stealth technologies, as described above.
[2]
All utility buildings and accessory structures shall be architecturally
designed and constructed to blend into the environment in which they
are situated and shall meet the minimum setback requirements of the
underlying zoning district.
(bb)
Additional antennae. As a condition of approval for all tower-based
WCFs, the applicant shall provide the municipality with a written
commitment that it will allow other service providers to co-locate
antennae on tower-based WCFs where technically and commercially reasonable.
The owner of a tower-based WCF shall not install any additional antennae
without obtaining the prior written approval of the municipality.
(cc)
Access road. An access road, turnaround space and parking shall
be provided to ensure adequate emergency and service access to 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 municipality that the property
owner has granted an easement for the proposed facility. The easement
shall be a minimum of 20 feet in width and the access shall be improved
to a width of at least 10 feet with a dust-free, all-weather surface
throughout its entire length, including drainage and allowances for
snow removal and snow storage.
(dd)
Bond. Prior to the issuance of a special use permit, a tower-based
WCF applicant 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. The bond shall
provide that the municipality may recover from the principal and surety
any and all compensatory damages incurred by the municipality for
violations of this section, including, but not limited to, legal fees
and expenses in enforcing the law, after reasonable notice and opportunity
to cure. The owner shall file the bond with the municipality and maintain
the bond for the life of the respective facility. The owner of the
tower-based WCF shall maintain a bond in the following amounts:
[1]
An amount of $75,000 to assure the faithful performance of the
terms and conditions of this section.
[2]
An amount determined by the Zoning Hearing Board based on engineering
estimates, to cover the cost of removing and disposing of the antenna,
tower, and related facilities. The Zoning Hearing Board may consider,
but shall not be required to rely upon, applicant's written report,
titled "Cost of Wireless Facilities Removal" certified by a registered
professional engineer (P.E.) licensed by the Commonwealth of Pennsylvania.
[3]
From time to time, but no more frequently than once during any
five-year period, the Zoning Hearing Board, at its sole discretion,
may adjust the amount of the bond and require the submission of a
new or modified bond based on engineering estimates of the cost of
the removal and disposal of the tower, antenna, and associated facilities.
The wireless communications facility operator may submit a written
report, titled "Adjusted Cost of Tower-Based Wireless Facilities Removal"
certified by a registered professional engineer (P.E.) licensed by
the Commonwealth of Pennsylvania and containing engineering estimates
of the cost of the removal and disposal of the tower, antenna, and
associated facilities to the Zoning Hearing Board. The Zoning Hearing
Board may consider, but shall not be required to rely upon, operator's
written report in determining the adjusted bond amounts.
(ee)
Visual or land use impact. The municipality 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.
(ff)
Graffiti. Any graffiti on the tower-based WCF, including, but
not limited to, the wireless support structure or on any accessory
equipment, shall be removed at the sole expense of the owner within
10 days of notification by the municipality.
(gg)
Inspection by municipality. The municipality reserves the right
to inspect any tower-based WCF to ensure compliance with the provisions
of this section and any other provisions of the Code of the Borough
of Denver or state or federal law. The municipality and/or its agents
shall have the authority to enter the property upon which a tower-based
WCF is located at any time, upon reasonable notice to the operator,
to ensure such compliance.
E.
Regulations applicable to all non-tower wireless facilities.
(1)
The following regulations shall apply to all non-tower wireless communications
facilities:
(a)
Procedures.
[1]
Any applicant proposing a non-tower WCF to be mounted on a building
or any other structure shall submit detailed construction and elevation
drawings to the Zoning Hearing Board indicating how the non-tower
WCF will be mounted on the structure, for review and determination
by the Zoning Hearing Board, as a special exception, subject to the
restrictions and conditions prescribed herein and subject to the prior
written approval of the municipality.
[2]
The applicant shall prove that it is licensed by the FCC to
operate a non-tower WCF and that the proposed non-tower WCF complies
with all applicable standards established by the FCC governing human
exposure to electromagnetic radiation.
(b)
Development requirements. Non-tower wireless communications
facilities shall be co-located on existing structures, such as existing
buildings or wireless support structures, subject to the following
conditions:
[1]
Permitted subject to conditions. Subject to the restrictions and conditions prescribed herein, non-tower WCFs are permitted in certain zoning districts as a special exception, upon review and approval by the Zoning Hearing Board in accordance with the procedures and requirements of Part II, Chapter 200, Article XII, § 200-152 et seq.
[a]
Siting. Non-tower WCF are permitted in the following zoning districts as a special exception, subject to the requirements and prohibitions of § 200-69:
[b]
Height. Any non-tower WCF shall not exceed the
maximum height permitted in the applicable zoning district.
[c]
Equipment building. If the non-tower 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.
[d]
Fencing. A security fence having a height of six
feet shall surround any separate communications equipment building.
Vehicular access to the communications equipment building shall not
interfere with the parking or vehicular circulations on the site for
the principal use.
[e]
Residential attachment prohibited. Non-tower WCFs
shall not be located on single-family detached residences, single-family
attached residences, or any accessory residential structure.
(c)
Site plan. An applicant for a non-tower WCF must submit a full
site plan to the Zoning Hearing Board which shall include:
[1]
Written authorization from the wireless support structure owner of the proposed non-tower WCF site that such facility may be sited on the wireless support structure. Written authorization from the wireless support structure owner consenting to the making of the application to the municipality for a special exception. Written acknowledgment from the wireless support structure owner of being bound by § 200-69, the conditions of any site plan approval authorized by the municipality, and all other requirements of the Code of the Borough of Denver.
[2]
A site plan that is drawn to scale and shows the following features:
property boundaries; existing and proposed structures; existing and
proposed use(s); existing and proposed antennae; existing or proposed
electrical power source; and scaled elevation view.
[3]
A written report including, but not limited to: information
describing the antenna height and design; a cross section of the wireless
support structure; engineering specifications detailing attachment
of the antenna to the wireless support structure; information describing
the proposed painting and lighting schemes; radio frequency coverage
including, but not limited to, scatter plot analysis and the input
parameters for the scatter plot analysis; all wireless support structure
information to be certified by a registered professional engineer
(P.E.) licensed by the Commonwealth of Pennsylvania; and wireless
telecommunications data to be certified by an appropriate wireless
telecommunications professional.
[4]
A written report, titled "Cost of Non-Tower Wireless Facilities
Removal" certified by a registered professional engineer (P.E.) licensed
by the Commonwealth of Pennsylvania, detailing the total cost of removing
and disposing of antenna and related facilities.
[5]
An inventory of its existing wireless communications facilities, including, but not limited to, all tower-based, non-tower, and small WCF, that are either sited within the Borough of Denver or within 1/4 mile of the border thereof. Such inventory shall include specific information about the location, height, design, and use of each wireless communications facility. The Zoning Hearing Board may share such information with other applicants applying for site plan approvals or a special exception under § 200-69 or other organizations seeking to locate antennas within the municipality; provided, however, that the municipality is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.
(d)
Eligible facilities request.
[1]
Applicants proposing a modification to an existing non-tower
WCF that does not substantially change the dimensions of the underlying
structure or wireless support structure shall be required only to
obtain a construction permit from the municipality.
[2]
In order to be considered for such permit, the non-tower WCF
applicant must submit a construction permit application to the municipality
in accordance with the Code.
(e)
Visual or land use impact. The municipality 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.
(f)
Historic buildings and districts. No non-tower WCF may be located
on, or within 100 feet of, any historic or preservation district,
property, or on a building or structure that is listed on either the
National or Pennsylvania Register of Historic Places, or eligible
to be so listed, or is included in the official historic structures
list maintained by the municipality, or so designated as a Landmark
pursuant to the Code.
(g)
Prohibited in open space and conserved lands. Non-tower WCFs
shall not be located within an open space or conserved land.
(h)
Timing of determination. All applications for non-tower WCFs
shall be acted upon by the municipality within 90 days following the
receipt of the following: 1) a fully completed application for the
approval of such WCF; and 2) a fully paid, nonrefundable application
fee in an amount specified by the Master Fee Schedule. If the municipality
receives an application for a non-tower WCF and such application is
not fully completed, then the municipality shall notify the applicant
in writing within 30 days that the application is not complete and
the time for the approval of such application shall not commence until
a fully completed application is received by the municipality. Unpaid
applications are incomplete and not duly filed with the Borough.
(i)
Retention of consultants or experts. The municipality may hire
any consultant(s) and/or expert(s) necessary to assist the municipality
in reviewing and evaluating the application for approval of the non-tower
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 non-tower WCF shall reimburse the municipality
for all reasonable costs of the municipality's consultant(s) and/or
expert(s) in providing expert evaluation and consultation in connection
with these activities.
(j)
Bond. Prior to the issuance of conditional use, the owner of
a 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. The
bond shall provide that the municipality may recover from the principal
and surety any and all compensatory damages incurred by the municipality
for violations of this section, after reasonable notice and opportunity
to cure. The owner shall file the bond with the municipality and maintain
the bond for the life of the respective facility. The owner of the
non-tower WCF shall maintain a bond in the following amounts:
[1]
An amount of $75,000 to assure the faithful performance of the
terms and conditions of this section.
[2]
An amount determined by the Zoning Hearing Board based on engineering
estimates, to cover the cost of removing and disposing of the antenna
and related facilities. The Zoning Hearing Board may consider, but
shall not be required to rely upon, applicant's written report, titled
"Cost of Non-Tower Wireless Facilities Removal" certified by a registered
professional engineer (P.E.) licensed by the Commonwealth of Pennsylvania.
[3]
From time to time, but no more frequently than once during any
five-year period, the Zoning Hearing Board, at its sole discretion,
may adjust the amount of the bond and require the submission of a
new or modified bond based on engineering estimates of the cost of
the removal and disposal of the antenna and associated facilities.
The wireless communications facility operator may submit a written
report, titled "Adjusted Cost of Non-Tower Wireless Facilities Removal"
certified by a registered professional engineer (P.E.) licensed by
the Commonwealth of Pennsylvania and containing engineering estimates
of the cost of the removal and disposal of the antenna and associated
facilities to the Zoning Hearing Board. The Zoning Hearing Board may
consider, but shall not be required to rely upon, operator's written
report in determining the adjusted bond amounts.
(k)
Design regulations.
[1]
Non-tower WCFs shall employ stealth technology and be treated
to match the supporting structure or wireless support structure in
order to minimize aesthetic impact. The application of the stealth
technology chosen by the WCF applicant shall be subject to the approval
of the municipality.
[2]
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.
[3]
All non-tower WCF applicants must submit documentation to the
municipality justifying the total height of the non-tower support
structure or wireless support structure. Such documentation shall
be analyzed in the context of such justification on an individual
basis.
[4]
Antennae, 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.
(l)
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 or safety of any person or damage any property in
the municipality.
(m)
Wind and ice. All non-tower WCF structures shall be designed
and constructed to withstand the effects of wind and ice 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,
as amended). All non-tower WCF structures shall also be designed and
constructed to withstand the wind and ice loads for the place of installation
in accordance with the Pennsylvania Uniform Construction Code.[3]
[3]
Editor's Note: See 34 Pa. Code, Chapters 401-405.
(n)
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.
(o)
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. The owner
or operator of such non-tower WCF shall submit proof of compliance
with any applicable radio frequency emissions standards to the Municipal
Secretary on an annual basis, or within 30 days following a written
request by the Borough. A non-tower WCF generating radio frequency
emissions in excess of the standards and regulations of the FCC shall
be considered an emergency. The municipality reserves the authority
to revoke the permit of any non-tower WCF that: 1) fails to timely
submit proof of compliance; or 2) that is generating radio frequency
emissions in excess of the standards and regulations of the FCC.
(p)
Aviation safety. Non-tower WCFs shall comply with all federal
and state laws and regulations concerning aviation safety.
(q)
Inspection report requirements. No later than the first day
of December of each odd-numbered year, or within 30 days following
a written request by the municipality, the owner of the non-tower
WCF shall have said non-tower WCF inspected by a Pennsylvania-licensed
and registered professional engineer (P.E.) who is regularly involved
in the maintenance, inspection, and/or modification of non-tower WCFs.
A copy of said inspection report and certification of continued use
shall be provided to the Borough Building Inspector following the
inspection. Any repairs advised by the report shall be effected by
the owner no later than 60 calendar days after the report is filed
with the municipality. No later than 30 calendar days upon completion
of aforesaid repairs, the non-tower WCF shall again be inspected in
accordance with the parameters and requirements described herein.
(r)
Maintenance. The following maintenance requirements shall apply:
[1]
The non-tower WCF shall be fully automated and unattended on
a daily basis and shall be visited only for maintenance or emergency
repair.
[2]
Such maintenance shall be performed to ensure the upkeep of
the facility in order to promote the safety and security of the municipality's
residents.
[3]
All maintenance activities shall utilize nothing less than the
best available technology for preventing failures and accidents.
[4]
The municipality reserves the authority to require the cleaning,
repainting, or repair, of a non-tower WCF, including, but not limited
to, the antennae, accessory equipment, and any other area where the
exterior surface or appearance of such facility is not regularly or
properly maintained, cleaned, repainted, or repaired.
[5]
Non-tower WCF operators bear sole financial responsibility for
all maintenance or emergency repair costs.
(s)
Upgrade; replacement; modification.
[1]
The removal and replacement of non-tower WCFs and/or accessory
equipment for the purpose of upgrading, replacing, modifying, or repairing
the non-tower WCF is permitted, so long as such upgrade, replacement,
modification, or repair does not increase the overall size of the
non-tower WCF or the number of antennae.
[2]
Any material modification to a non-tower WCF shall require a
prior amendment to the original permit or authorization.
(t)
Removal. In the event that use of a non-tower WCF is discontinued,
the owner shall provide written notice to the municipality of its
intent to discontinue use and the date when the use shall be discontinued.
Unused or abandoned WCFs or portions of WCFs shall be removed as follows:
[1]
All abandoned or unused non-tower 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 municipality.
[2]
If the non-tower 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 municipality, the WCF and/or related
facilities and equipment may be removed by the municipality and the
cost of removal assessed against the owner of the WCF. Any cost to
the municipality for such removal which is not paid under the owner's
bond shall constitute a lien on the tax lot on which the non-tower
WCF is situated and shall be collected in the same manner as a municipal
tax on real property.
(u)
Graffiti. Any graffiti on the non-tower WCF, including, but
not limited to, the antennae, the wireless support structure, or on
any communications equipment or accessory equipment, shall be removed
at the sole expense of the owner within 10 days of notification by
the municipality.
(v)
Public rights-of-way. No non-tower WCF shall be located, in
whole or in part, within the public rights-of-way.
(w)
Signs. All non-tower WCFs shall post a sign in a readily visible
location identifying the name and phone number of a party to contact
in the event of an emergency. No other signage or display is permitted.
(x)
Lighting. Non-tower WCF shall not be artificially lighted, except
as required by law. 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.
(y)
Emergency power supplies. Where practicable, non-tower WCF shall
be constructed with both primary and secondary sources of electric
power. If included, the secondary source of electric power shall be
an electric generator, located on site and equipped with sufficient
fuel reserves to supply continuous electric power to operate the non-tower
WCF and its antennae for a period of 10 days. The secondary source
of electric power shall not be used, except in emergency situations
involving the loss of the primary power source. The WCF operator may
activate the electric generator to test the secondary power source
or to perform routine maintenance on the electric generator, provided
that the WCF operator deliver written notice to the Borough Secretary
at least five business days prior to such electric generator testing
or electric generator maintenance.
(z)
Noise. Non-tower WCFs shall be operated and maintained so as
not to produce noise in excess of applicable noise standards under
state law and the Code of the Borough of Denver, except in emergency
situations requiring the use of an electrical generator, where such
noise standards may be exceeded on a temporary basis only.
(aa)
Inspection by municipality. The municipality reserves the right
to inspect any non-tower WCF to ensure compliance with the provisions
of this section and any other provisions found within the Code of
the Borough of Denver or state or federal law. The municipality and/or
its agents shall have the authority to enter the property upon which
a non-tower WCF is located at any time, upon reasonable notice to
the operator, to ensure such compliance.
F.
Regulations applicable to all small wireless communications facilities.
(1)
The following regulations shall apply to small wireless communications
facilities:
(a)
Development requirements.
[1]
Small WCF are permitted by approval from the Zoning Officer
in all zoning districts, subject to the requirements of this section
and generally applicable permitting as required by the Code of the
Borough of Denver.
[2]
Small WCF located within districts, or subportions thereof,
that require utilities to be located underground shall be co-located
on existing or replacement wireless support structures. No new wireless
support structure may be installed for the purpose of supporting a
small WCF within districts, or subportions thereof, that require utilities
to be located underground.
[3]
Small WCF in the public rights-of-way requiring the installation
of a new wireless support structure shall not be located directly
in front of any building entrance or exit.
[4]
All small WCF shall comply with the applicable requirements
of the Americans with Disabilities Act, or similar federal or state
standards regarding pedestrian access or movement, as well as all
applicable streets and sidewalks requirements in the Code of the Borough
of Denver.
(b)
Application procedures.
[1]
Any applicant proposing the installation, operation, replacement,
or removal of a small WCF shall submit an application to the municipality
for site plan review by the Zoning Officer.
[2]
The applicant shall prove that it is licensed by the FCC to
operate a small WCF and that the proposed small WCF complies with
all applicable standards established by the FCC governing human exposure
to electromagnetic radiation.
(c)
Timing of determination. All applications for small WCFs shall
be acted upon by the municipality within a specific number of days
following the receipt of the following: 1) a fully completed application
for the approval of such small WCF; and 2) a fully paid application
fee in an amount specified by the Master Fee Schedule. Unpaid applications
are incomplete and not duly filed with the Borough. The timing of
determination for small WCF applicants shall be as follows:
[1]
Within 10 calendar days of the date that an application for
a small WCF is filed with the municipality, the Zoning Officer shall
notify the WCF applicant in writing if an application is incomplete
and shall advise the WCF applicant of any information that may be
required to complete such application.
[2]
Within 60 days of receipt of a completed application for co-location
of a small WCF on a preexisting wireless support structure, the Zoning
Officer shall make a final decision on whether to approve or deny
the application and shall notify the WCF applicant in writing of such
decision.
[3]
Within 90 days of receipt of a completed application for a small
WCF requiring the installation of a new wireless support structure,
the Zoning Officer shall make a final decision on whether to approve
the application and shall notify the WCF applicant in writing of such
decision.
[4]
If the municipality's determination of a small WCF application
is a denial, the municipality shall document the basis for a denial
in writing, including the specific provisions of applicable codes,
laws, or regulations on which the denial is based, and send the documentation
to the small WCF applicant within five business days of the determination
of a denial.
[5]
If a small WCF applicant receives a written denial, the small
WCF application may cure the deficiencies identified by the municipality
and resubmit the application within 30 days of receiving the written
basis for the denial without being required to pay an additional application
fee. The municipality shall approve or deny the revised application
within 30 days of the application being resubmitted for review. Any
subsequent review by the municipality shall be limited to the deficiencies
cited in the written denial. If the resubmitted small WCF application
addresses or changes other sections of the small WCF application that
were not previously denied, the municipality shall have an additional
15 days to review the resubmitted small WCF application and the municipality
may charge an additional fee for the review.
(d)
Eligible facilities request.
[1]
Small WCF operators proposing a modification to an existing
small WCF that does not substantially change the dimensions of the
underlying structure or wireless support structure shall be required
only to obtain a construction permit from the municipality.
[2]
In order to be considered for such permit, the small WCF operator
must submit a construction permit application to the municipality
in accordance with the Code.
[3]
The timing of determination for small WCF operators proposing
a modification to an existing small WCF that does not substantially
change the dimensions of the underlying structure or wireless support
structure shall be as follows:
[a]
Within 30 calendar days of the date that an application
for a modification to an existing small WCF that does not substantially
change the dimensions of the underlying structure or wireless support
structure is filed with the Borough Building Inspector, the municipality
shall notify the applicant in writing if the application is incomplete
and shall advise of any information that may be required to complete
such application.
[b]
An application for a modification to an existing
small WCF that does not substantially change the dimensions of the
underlying structure or wireless support structure shall be deemed
complete when all documents, information and fees required by the
municipality's regulations, laws and forms pertaining to the location,
modification or operation of wireless communications facilities are
submitted by the applicant to the municipality. In case of incompleteness
of the application, the municipality shall promptly notify the applicant
that the application is not complete and the time for the determination
of such application shall not commence until a fully completed application
is received by the municipality.
[c]
Within 60 days of receipt of a completed application
for a modification to an existing small WCF that does not substantially
change the dimensions of the underlying structure or wireless support
structure, the Borough Building Inspector shall make a final decision
on whether to approve or deny the application and shall notify the
WCF applicant in writing of such decision.
(e)
Nonconforming wireless support structures. Small WCF shall be
permitted to co-locate upon nonconforming tower-based WCF and other
nonconforming structures. Co-location of WCF upon existing tower-based
WCF is encouraged even if the tower-based WCF is nonconforming as
to use within a zoning district.
(f)
Application fees. The municipality may assess appropriate and
reasonable application fees directly related to the municipality's
actual costs in reviewing and processing the application for approval
of a small WCF, as well as related inspection, monitoring, and related
costs, subject to the limitations in this section, in amounts specified
by the Master Fee Schedule.
(g)
Standard of care. Any small 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, the Pennsylvania Uniform Construction
Code,[4] or to the industry standard applicable to the structure.
Any WCF shall at all times be kept and maintained in good condition,
order and repair by qualified maintenance and construction personnel,
so that the same shall not endanger the life of any person or any
property in the municipality.
[4]
Editor's Note: See 34 Pa. Code, Chapters 401-405.
(h)
Historic buildings and districts. No small WCF may be located
on, or within 100 feet of, any historic or preservation district,
property, building or structure that is listed on either the National
or Pennsylvania State Register of Historic Places, or eligible to
be so listed, or is included in the official historic structures list
maintained by the municipality, or so designated as a landmark by
the Code.
(i)
Wind and ice. All small WCF shall be designed and constructed
to withstand the effects of wind and ice to the standard designed
by the American National Standards Institute as prepared by the engineering
departments of the Electronics Industry Association, and Telecommunications
Industry Association (ANSI/EIA/TIA-222, as amended), or to the industry
standard applicable to the structure. All small WCF structures shall
also be designed and constructed to withstand the wind and ice loads
for the place of installation in accordance with the Pennsylvania
Uniform Construction Code.[5]
[5]
Editor's Note: See 34 Pa. Code, Chapters 401-405.
(j)
Radio frequency emissions. A small WCF shall not, by itself
or in conjunction with other WCFs, generate radio frequency emissions
in excess of the standards and regulations of the FCC, including,
but not limited to, the FCC Office of Engineering Technology Bulletin
65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure
to Radio Frequency Electromagnetic Fields," as amended. The owner
or operator of such small WCF shall submit proof of compliance with
any applicable radio frequency emissions standards to the municipal
secretary on an annual basis, or within 30 days following a written
request by the Borough. A small WCF generating radio frequency emissions
in excess of the standards and regulations of the FCC shall be considered
an emergency. The municipality reserves the authority to revoke the
permit of any small WCF that: 1) fails to timely submit proof of compliance;
or 2) that is generating radio frequency emissions in excess of the
standards and regulations of the FCC.
(k)
Time, place and manner. The municipality shall determine the
time, place and manner of construction, maintenance, repair and/or
removal of all small WCF in the public rights-of-way based on public
safety, traffic management, physical burden on the public rights-of-way,
and related considerations.
(l)
Accessory equipment. Small WCF and accessory equipment shall
be located so as not to cause any physical or visual obstruction to
pedestrian or vehicular traffic, create safety hazards to pedestrians
and/or motorists, or to otherwise inconvenience public use of the
public rights-of-way as determined by the municipality.
(m)
Graffiti. Any graffiti on the small WCF, including, but not
limited to, the antennae, the structure, the wireless support structure,
or any accessory equipment, shall be removed at the sole expense of
the owner within 10 days of notification by the municipality.
(n)
Minimize impact on businesses and residential development. Poles
should be located, to the extent possible, to minimize impact on businesses
and residential development by avoiding placement directly in front
of building entrances, windows, primary entry walks, or delivery zones
or entrances. Poles shall be installed, co-located on, or replaced
with a minimum ten-foot setback from residential buildings and 20
feet from commercial buildings.
(o)
Furnishing zone. All poles must be located in the furnishing
zone (i.e., in most cases, as close to back of curb as possible).
In some areas where there are existing tree pits, decorative streetlights,
and other furnishings, poles shall be aligned with existing furnishings
as applicable in order to maintain a visual and physical organization
of structures within the right-of-way. Placement of poles shall not
interfere with a clear, unobstructed, or continuous pedestrian path.
(p)
Overhead lines. Where there are existing poles on the same blockface
as the proposed new pole, the new pole shall be placed in-line with
the existing poles and furnishings, and all aerial cables and wires
shall be installed parallel to existing telephone and electric lines.
(q)
Underground lines. All lines connecting to a small wireless
communications facility, including but not limited to power, transport
facilities, and connections for municipal streetlights, shall be underground
in those areas of the municipality where existing utilities' facilities
are underground at the time of the installation of the small WCF telecommunications
system. Where aerial cables and wires cannot be installed parallel
to existing telephone and electric lines, all new lines shall be underground.
(r)
Maintenance. The following maintenance requirements shall apply:
[1]
Any small WCF shall be fully automated and unattended on a daily
basis and shall be visited only for maintenance or emergency repair.
[2]
Such maintenance shall be performed to ensure the upkeep of
the facility in order to promote the safety and security of the public.
[3]
All maintenance activities shall utilize nothing less than the
best available technology and practices for preventing failures and
accidents.
[4]
The municipality reserves the authority to require the cleaning,
repainting, or repair, of a small WCF, including, but not limited
to, the antennae, wireless support structure, accessory equipment,
and any other area where the exterior surface or appearance of such
facility is not regularly or properly maintained, cleaned, repainted,
or repaired.
[5]
Small WCF operators bear sole financial responsibility for all
maintenance or emergency repair costs. The financial responsibility
of small WCF operators for maintenance or emergency repair costs is
exclusive and independent from the municipality's costs in managing
and maintaining the public rights-of-way.
(s)
Design standards. All small WCF in the municipality shall comply
with the requirements of the Borough of Denver Small Wireless Communications
Facility Design Manual, a copy of which is on file with the municipality.
(t)
Co-location. An application for a small WCF with a new wireless
support structure in the public rights-of-way shall not be approved
unless the municipality finds that the proposed small WCF cannot be
accommodated on an existing structure or wireless support structure,
such as a utility pole. Any application for approval of a small WCF
shall include a comprehensive inventory of all existing towers and
other suitable structures or wireless support structures within a
one-quarter-mile radius from the point of the proposed small WCF,
unless the applicant can show to the satisfaction of the municipality
that a different distance is more reasonable, and shall demonstrate
conclusively why an existing tower, structure, or other suitable wireless
support structure cannot be utilized.
(u)
Relocation or removal of facilities. Within 90 days following
written notice from the municipality, or such longer period as the
municipality determines is reasonably necessary or such shorter period
in the case of an emergency, an owner of a small WCF in the public
rights-of-way shall, at its own expense, temporarily or permanently
remove, relocate, change or alter the position of any WCF when the
municipality, consistent with its police powers and applicable Public
Service Commission regulations, shall determine that such removal,
relocation, change or alteration is reasonably necessary under the
following circumstances:
[1]
The construction, repair, maintenance or installation of any
municipality or other public improvement in the public rights-of-way;
[2]
The operations of the municipality or other governmental entity
in the right-of-way;
[3]
Vacation of a street or road or the release of a utility easement;
or
[4]
An emergency as determined by the municipality.
(v)
Inspection report requirements. No later than the first day
of December of each odd-numbered year, or within 30 days following
a written request by the municipality, the owner of the small WCF
shall have said small WCF inspected by a Pennsylvania-licensed and
registered professional engineer (P.E.) who is regularly involved
in the maintenance, inspection, and/or modification of small WCFs.
A copy of said inspection report and certification of continued use
shall be provided to the Borough Building Inspector following the
inspection. Any repairs advised by the report shall be effected by
the owner no later than 60 calendar days after the report is filed
with the municipality. No later than 30 calendar days upon completion
of aforesaid repairs, the small WCF shall again be inspected in accordance
with the parameters and requirements described herein.
(w)
Retention of consultants or experts. The municipality may hire
any consultant(s) and/or expert(s) necessary to assist the municipality
in reviewing and evaluating the application for approval of the small
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 small WCF shall reimburse the municipality for
all reasonable costs of the municipality's consultant(s) and/or expert(s)
in providing expert evaluation and consultation in connection with
these activities, provided that such costs are a reasonable approximation
of costs incurred, the costs are reasonable, and the costs are nondiscriminatory.
(x)
Reimbursement for use and occupancy of the public rights-of-way.
In addition to permit fees as described in this section, every small
WCF in the public rights-of-way is subject to the municipality's right
to fix annually a fair and reasonable fee to be paid for use and occupancy
of the public rights-of-way. Such compensation for public rights-of-way
use shall be directly related to the municipality's actual public
rights-of-way management costs including, but not limited to, the
costs of the administration and performance of all reviewing, inspecting,
permitting, supervising and other public rights-of-way management
activities by the municipality. The owner of each small WCF shall
pay an annual fee to the municipality, in an amount specified by the
Master Fee Schedule, to compensate the municipality for the municipality's
costs incurred in connection with the activities described above.
Such fees shall comply with the applicable requirements of the Federal
Communications Commission. The municipality reserves the authority
to revoke the permit of any small WCF that fails to timely remit annual
payment of the small WCF public rights-of-way use and occupancy fee
to the municipality.
(y)
Inspection by municipality. The municipality reserves the right
to inspect any small WCF to ensure compliance with the provisions
of this section and any other provisions of the Borough Code or state
or federal law or regulation. The municipality and/or its agents shall
have the authority to enter the property or public rights-of-way upon
which a small WCF is located at any time, upon reasonable notice to
the operator, to ensure such compliance.
G.
Regulations applicable to all wireless facilities.
(1)
Borough property. Nothing in § 200-69 shall be deemed to create any offer, right, or entitlement to use municipal property for the construction or operation of tower-based WCF, non-tower WCF, small WCF, wireless support structures, or related facilities. Any such tower-based WCF, non-tower WCF, small WCF, wireless support structure, or related facility proposed to be sited on property owned, leased, or otherwise controlled by the Borough of Denver may be exempt from the requirements of § 200-69. The Zoning Hearing Board retains the right to require applicants to obtain site plan approval from the Zoning Hearing Board in accordance with the requirements of § 200-69. No tower-based WCF, non-tower WCF, small WCF, wireless support structures, or related facilities may be constructed or installed on municipal property until a license or lease agreement authorizing such wireless facility has been approved by the Zoning Hearing Board.
(2)
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 municipality
may apply to a 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.
(3)
Determination of violation. In the event the municipality determines
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 municipality
may, in its sole discretion, 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 municipality may take any and all actions authorized by this section
and/or federal and/or Pennsylvania law and regulations.
(4)
Revocation of special exceptions. Any special exceptions granted
under this chapter may be revoked by the Zoning Hearing Board after
a hearing, conducted on at least 15 days' written notice to the owner
of the wireless communications facility and any related facilities,
and an opportunity to be heard. If at such hearing the Zoning Hearing
Board determines that substantial evidence exists that the wireless
communications facility and related facilities constitute a threat
to public safety, health, or welfare, or that the conditions of the
special exception have been materially violated, the Zoning Hearing
Board may revoke the special exception permit.
H.
Insurance and indemnification of wireless facilities.
(1)
Insurance.
(a)
Requirement of insurance. Each person that owns, operates, or
removes a tower-based, non-tower, or small wireless communications
facility shall purchase and maintain, at its sole expense, certain
insurance coverages of specified minimum rating, as listed herein,
and shall provide documentation to the Borough Secretary, upon request,
and as provided herein.
(b)
No payment or reimbursement. Each person that owns, operates,
or removes a tower-based, non-tower, or small wireless communications
facility shall be solely responsible for bearing the costs of furnishing
and maintaining all required insurance coverages of specified minimum
rating, as listed herein. The municipality shall not provide direct
payment or reimbursement to persons for the costs of maintaining,
or the costs of furnishing, the required insurance coverages.
(c)
Specified minimum insurance ratings, registration, and additional
endorsement. All insurance carriers listed in the certificate(s) of
insurance for the required insurance coverages shall have, at minimum,
a credit rating of "Rated A VII or Better" from the A.M. Best Company
and shall be licensed in the Commonwealth of Pennsylvania. Each person
that owns, operates, or removes a tower-based, non-tower, or small
wireless communications facility shall name the Borough of Denver
as an additional insured by endorsement on the certificate(s) of insurance.
(d)
Furnishment of certificates prior to commencement. Prior to
the commencement of any construction, operation, or removal, each
person that owns, operates, or removes a tower-based, non-tower, or
small wireless communications facility shall furnish certificates
of insurance to the Borough Secretary evidencing coverage in compliance
with the regulations herein. The failure of the Borough of Denver
to object to the contents of the certificate(s) of insurance or absence
of same shall not be deemed a waiver of any legal rights held by the
Borough of Denver.
(e)
Revocation of permit. The failure of any person to construct,
operate, or remove a wireless communications facility without complying
with the insurance coverage and administrative requirements herein
shall constitute an emergency. Upon such emergency, the municipality
reserves the authority to revoke the permit of any wireless communications
facility for failure to comply with the insurance coverage and administrative
requirements herein.
(f)
Minimum insurance requirements. Each person that owns or operates
a tower-based, non-tower, or small wireless communications facility
shall maintain the following minimum insurance coverages:
[1]
Worker's compensation and employer's liability policy, covering
operations in the Commonwealth of Pennsylvania. Where applicable,
U.S. Longshore and Harbor Workers Compensation Act endorsement and
Maritime Coverage endorsement shall be attached to the policy. Waiver
of subrogation to be included with documentation provided to the Borough
Secretary.
[2]
Commercial general liability policy, with limits of no less
than $1,000,000 each occurrence, per WCF location and $2,000,000 general
aggregate, per WCF location, with limits for bodily injury and property
damage, and shall contain the following coverages and endorsements:
[a]
Premises and operations.
[b]
Products/completed operations.
[c]
Independent contractors.
[d]
Personal and advertising injury.
[e]
Blanket contractual liability.
[f]
Explosion, collapse, underground liability (XCU).
[g]
Borough of Denver and their assigns, officers,
employees, volunteers, representatives and agents should be named
as an "additional insured" on the policy using ISO Additional Insured
Endorsement CG 20 10 11/85 or an endorsement providing equivalent
or broader coverage and shall apply on a primary and noncontributory
basis, including any self-insured retentions.
[h]
The certificate of insurance should show this applies
to the general liability coverage on the certificate, and additional
insured endorsement shall be attached.
[i]
To the extent permitted by Pennsylvania law, each
person that owns, operates, or removes a tower-based, non-tower, or
small wireless communications facility waives all rights of subrogation
or similar rights against the Borough of Denver, assigns, officers,
employees, volunteers, representatives and agents.
[j]
Cross liability coverage (commercial general liability
and business automobile lability policies only).
[k]
Coverage must be written on an occurrence policy
form.
[l]
No deductible or self insured retention should
exceed $50,000.
[3]
Comprehensive automobile policy, with limits of no less than
$1,000,000. Bodily injury and property damage liability including,
but not limited to, coverage for owned, any auto non-owned, and hired
private passenger and commercial vehicles. The Borough of Denver and
their assigns, officers, employees, representatives and agents should
be named as an "additional insured" on the policy. The certificate
of insurance should show this applies to the automobile liability
coverage on the certificate, and additional insured endorsement shall
be attached. To the extent permitted by Pennsylvania law, each person
that owns, operates, or removes a tower-based, non-tower, or small
wireless communications facility waives all rights of subrogation
or similar rights against Borough of Denver, assigns, officers, employees,
representatives and agents. Coverage must apply on a primary and noncontributory
basis.
[4]
Umbrella liability, with limits of no less than $5,000,000 each
occurrence per WCF location and $5,000,000 general aggregate per WCF
location, including, but not limited to, coverage for general liability,
automobile, workers' compensation. Coverage must be written as an
occurrence policy.
[5]
Professional liability (if applicable), with limits no less
than $1,000,000 per claim. Coverage must be written as an occurrence
policy.
(g)
Increasing the minimum insurance requirements. The minimum insurance
requirements specified herein may be increased at any time upon the
review and determination of the Borough's Risk Management Committee.
(h)
Notice prior to cancellation or expiration of insurance. The
certificate(s) of insurance shall provide that 30 days' written notice
prior to cancellation or expiration be given to the Borough Secretary
via U.S. Postal Mail. Insurance policies that lapse and/or expire
during term of work shall be recertified and received by the Borough
Secretary no less than 30 days prior to expiration or cancellation
of the respective policy.
(i)
Indemnification.
[1]
Requirement to indemnify and hold harmless. Each person that
owns or operates a tower-based WCF, a non-tower WCF, or a small WCF
shall, at its sole cost and expense, indemnify, defend and hold harmless
the municipality, its elected and appointed officials, employees and
agents, at all times against any and all claims for personal injury,
including, but not limited to, death, and property damage arising
in whole or in part from, caused by or connected with any act or omission
of the person, its officers, agents, employees or contractors arising
out of, but not limited to, the construction, installation, operation,
maintenance or removal of each of its WCF.
[2]
Requirement to defend. Each person that owns or operates a tower-based
WCF, a non-tower WCF, or a small WCF shall defend any actions or proceedings
against the municipality in which it is claimed that personal injury,
including, but not limited to, death, or property damage was caused
by the construction, installation, operation, maintenance or removal
of each of its WCF. The obligation to indemnify, hold harmless and
defend shall include, but not be limited to, the obligation to pay
judgments, injuries, liabilities, damages, reasonable attorneys' fees,
reasonable expert fees, court costs, and all other costs of indemnification.
[3]
Indemnification and hold harmless agreement requirement. Prior
to the initial commencement of any construction, operation, or removal,
each person that owns, operates, or removes a tower-based, non-tower,
or small wireless communications facility shall furnish an "indemnification
and hold harmless agreement" to the Borough Secretary.
[1]
Editor's Note: Section V of this ordinance stated: "Police
powers. The Borough, by granting any permit or taking any other action
pursuant to this chapter, does not waive, reduce, lessen or impair
the lawful police powers vested in the Borough under applicable federal,
state and local laws and regulations."
[Amended 1-29-2018 by Ord. No. 644; 9-30-2019 by Ord. No. 657]
Conversions in the Business District to single-family
homes are not allowed. Single-family conversions in other districts
and apartment conversions (including conversions from nonresidential
to residential uses and conversions increasing the number of dwelling
units) shall be subject to the following criteria:
A.
The use shall meet the applicable minimum lot area,
yard, building area, off-street parking and other applicable requirements
for the district. After conversion, the minimum lot area shall be
at least 4,000 square feet of lot area per dwelling unit.
B.
Conversion apartments in the Business District are
limited to units on the second floor or above.
C.
Separate cooking, kitchen and sanitary facilities
shall be provided for each dwelling unit.
D.
Single-family detached dwellings which are converted
must maintain the appearance of a single-family detached dwelling
with a single front entrance. Additional entrances may be placed on
the side or rear of the structure. The dwelling units may internally
share the single front entrance. Exterior stairways and fire escapes
shall be located on the rear wall in preference to either sidewall.
E.
To be considered a conversion, any proposed alteration
must be confined to the interior of an already existing structural
shell.
F.
Any proposal to extend the sides or increase the height
of an existing structure shall not be considered a conversion and
shall be required to meet the appropriate provisions established in
that district for that particular use.
G.
The conversion of a single-family detached dwelling
into two units shall not be allowed if it would require a second front
entrance or an outside fire escape on a front wall or on a sidewall
facing a street.
H.
Except as may be necessary for purposes of safety
in accordance with the preceding subsection, there shall be no major
structural change in the exterior of a previously residential building
in connection with the conversion. After conversion, any previously
residential building shall retain substantially the same structural
appearance it had before such conversion.
I.
Applicable state firesafety requirements shall be
met.
J.
All dwelling units shall have direct means of escape
to the exterior at ground level and be equipped with one operable
fire detection device.
K.
Off-street parking spaces shall be located to the
side or rear of the converted structure.
L.
Trash receptacles shall not be visible from the street
or abutting properties except on scheduled pickup days.
M.
Separate water meters, remote readers and water supply
must be provided to each conversion unit.
Day-care centers are subject to the following
criteria
A.
The property shall be served by public water and sewer
facilities.
B.
The applicant shall obtain written approval or licensure
of the day-care center from the Pennsylvania Department of Public
Welfare.
C.
Unloading and loading of children/adults from vehicles
shall only be permitted on the driveway or on the approved parking
area.
E.
Play areas for children shall be fenced and shall
be located no closer than 50 feet to any lot line or road right-of-way,
except that play area setbacks may be reduced to 25 feet from side
and rear lot lines when a dense screen planting or fence is established
and maintained within the setback area.
Dry cleaners, laundries and laundromats are
subject to the following criteria:
A.
All activities shall be conducted within a completely
enclosed building.
B.
During operation or plant cleanup and maintenance,
all windows and doors on walls facing adjoining residential districts
shall be kept closed.
C.
Any exhaust ventilation equipment shall be directed
away from adjoining residentially zoned property.
D.
Self-service laundromats shall require one off-street
parking space for each two washing machines; other laundry-related
uses shall provide one off-street parking space for each 400 square
feet of gross floor area.
A.
A fast-food restaurant shall screen all trash containers.
B.
A fast-food restaurant shall provide landscaping on
all areas not covered by buildings, structures, parking areas or access
drives.
C.
A fast-food restaurant may provide an outdoor menu
board (beyond the signs normally permitted) if drive-up service is
provided to customers in their vehicles.
D.
A fast-food restaurant shall comply with all the requirements
of a drive-through facility.
Funeral homes, crematoria and mortuaries are
subject to the following criteria:
A.
The subject tract shall front on and gain access from
either a major collector or minor collector road as identified in
the Comprehensive Plan, or a street in a proposed subdivision or land
development plan which conforms to prevailing collector street design
or improvement requirements.
B.
The applicant shall submit a plan to demonstrate that
sufficient off-street parking will be provided to prevent traffic
backups onto adjoining roads.
C.
The Borough may require screening.
D.
The applicant shall furnish expert testimony that
the disposal of human remains, and related chemicals and materials,
shall be in accordance with applicable laws and standards.
Health and fitness clubs are subject to the
following criteria:
A.
Off-street parking shall be provided, as required
by the combination of elements comprising the health club, including
accessory uses.
B.
All outdoor recreation facilities shall be set back
at least 50 feet from the street right-of-way line, and 25 feet from
all other lot lines.
C.
Any accessory eating or retail use shall not be directly
accessible without passing through the main clubhouse building.
A.
Number. No more than one home occupation shall be
permitted per dwelling unit.
B.
Location and workers: is customarily carried on within
a dwelling unit or accessory building by one or more occupants of
such dwelling, and up to one person not residing in such dwelling
may be employed.
C.
Size. The use shall not occupy more than 25% of the
habitable floor area of the dwelling unit.
D.
Signs. A sign indicating products made or services
rendered shall not exceed two square feet in any district. Only one
on-premises sign is permitted.
E.
Parking and loading. Adequate space for off-street
parking and loading shall be provided.
F.
Building appearance. There shall be no outdoor storage
or display and no change in the existing outside appearance of the
building or premises or other visible evidence of the conduct of such
home occupation or home professional office other than a sign.
G.
Nuisance prohibited. No machinery or equipment shall
be permitted that produces noise, odor, vibration, light, or electrical
interference beyond the boundary of the subject property.
H.
Trucks prohibited. No trucks or similar vehicles associated
with the business for pickup or delivery are allowed.
I.
Sale of articles. Only articles that are produced
on the premises shall be sold on the premises. Articles produced elsewhere
shall not be sold on the premises.
J.
Hours of operations. The Zoning Hearing Board shall
determine hours of operation of the use, based on the proposed location
of said use.
K.
Traffic. No home occupation shall be permitted that
would generate traffic or off-street parking in excess of what is
normal in the residential neighborhood.
L.
Chemicals. The use shall not involve the storage or
use of hazardous or explosive materials or chemicals.
Hospitals and related uses are subject to the
following criteria:
A.
Minimum lot size shall be five acres.
B.
All buildings shall be at least 100 feet from any
street or lot line.
C.
Access shall be to a road classified as an arterial
or collector in the Comprehensive Plan.
D.
Adequate provision shall be made for a system of roads
sufficient to accommodate predictable vehicular traffic and to ensure
safe and efficient vehicular access for emergency management equipment.
E.
Emergency entrances shall be located on a building
wall which faces away from adjoining residentially zoned properties,
or separated by at least 300 feet from residentially zoned properties.
F.
Adequate provision shall be made for the collection,
disposal, and recycling of garbage, trash, and medical and hazardous
waste.
G.
Where more than one of the uses enumerated in Subsection H below is proposed, either at one time or separately over time, integrated site function and design shall be required, consistent with the creation of a campus-like environment.
H.
Permitted uses:
(1)
Day-care facilities.
(2)
Commercial schools with exclusively health-care-related
curricula intended to prepare enrolled students for careers in health
care, nursing schools, and other allied health technology training
programs.
(3)
Health and fitness clubs.
(4)
Hospitals and hospices.
(5)
Intermediate care and skilled nursing facilities.
(6)
Medical and dental offices.
(7)
Outpatient health services, including, but not limited
to, laboratories, radiological and diagnostic imaging services, blood
banks, outpatient surgery centers, and outpatient clinics and patient-care
facilities.
(8)
Accessory buildings, uses and services customarily
incidental to the above uses, including, but not limited to, the following:
(a)
Administrative offices.
(b)
Automobile parking lots and parking garages.
(c)
Housing for students, employees, and their families
in accordance with the standards of the district.
(e)
Lodging facilities for patients and their families.
(f)
Public uses and essential services (e.g., private
central utility plant, electrical switching facility, steam generation
facility, heating facility, ventilation facility, and oxygen facility).
(9)
Retail sales of medical/health-care-related supplies
(e.g., durable medical equipment, prosthetics, pharmaceutical supplies)
and retail sales/service for the convenience of employees, patients,
and visitors (e.g., uniforms, flowers, gifts, uniform cleaning, barber/beauty
salons, automatic teller banking, restaurants). All retail sales and
services shall be located within buildings in which other permitted
uses are located. Retail sales and services may not exceed 5% of the
floor area of existing buildings within this district.
(10)
Short-term, intermittent educational programs
which are not intended to prepare students for careers in health care,
but, rather, are intended to inform employees, patients, health care
providers or the public regarding health care issues.
I.
Specific requirements for selected accessory uses:
(1)
Helistops. The helistop shall only be used for the
emergency transport by helicopter of patients to or from other permitted
health-care-related uses. The helistop shall not include auxiliary
facilities, such as fueling and maintenance equipment. The heliport
shall be set back a minimum of 300 feet from any adjoining property
and any street. The applicant must demonstrate compliance, through
a written statement, and continue to comply with applicable state
and federal standards.
(2)
Incinerators and autoclaves. Only the processing of
waste generated on-site is permitted. All processing and storage of
waste shall be conducted within a completely enclosed building. All
storage of waste shall be in a manner that is leak- and vector-proof.
No storage of waste shall exceed seven days in length. The incinerator
shall be set back at least a distance equal to its height from all
lot lines. The applicant must demonstrate compliance, through a written
statement, and continue to comply with all applicable state and federal
standards and regulations.
J.
Maximum permitted height: 60 feet for hospitals.
A.
Hotel or motel units shall not be used as apartments
for nontransient tenants, shall not contain more than two rooms (excluding
bathrooms or kitchens) and shall not be connected by interior doors
in groups of more than two units each.
B.
Each hotel or motel room unit shall have an area of
at least 300 square feet. Each hotel or motel unit shall have a bath
facility with at least one shower or bath, toilet facility and sink.
C.
Each hotel or motel shall have an office.
D.
One apartment with or without kitchen facilities for
the use of the hotel or motel manager or caretaker and family within
the hotel or motel building is a permitted accessory use.
E.
Recreational facilities limited to guests of the use
and a standard restaurant may be permitted accessory uses to a hotel
or motel.
F.
A hotel or motel shall comply with all applicable
Borough, state, and other building, plumbing, and electrical code
requirements.
G.
Waste holding (dumpster) areas shall be located no
more than 15 feet from the principal building and shall be screened
with a minimum eight-foot-high screen of either natural or man-made
materials.
H.
The applicant shall provide a plan for the control
of trash, noise, loitering and parking.
I.
Public sewer and public water service is required.
A.
The premises shall be maintained so as not to constitute
a nuisance or a menace to the health of the residents and inhabitants
of the Borough and shall be maintained so as not to constitute a place
for the breeding of rodents and vermin.
B.
No garbage or organic waste shall be stored.
C.
Whenever any motor vehicle or part thereof shall be
received in the junkyard and shall not be held for resale as an operating
unit, all gasoline and oil shall be removed from the motor vehicle
or part thereof.
D.
The manner of storage and arrangement of materials
shall be such as to provide for adequate access for fire-fighting
purposes.
E.
The manner of storage, arrangement of materials, and
drainage facilities shall be such as to prevent the accumulation of
stagnant water upon the premises.
F.
No open burning shall be permitted.
G.
All junkyards shall be completely enclosed, except
at entrances, by an evergreen planting screen of a minimum height
of six feet which shall be backed by a fence at least six feet in
height. The fence shall contain gates at all entrances which shall
be locked except during operating hours.
H.
No materials shall be stored less than 50 feet from
any street outside the lot on which the junkyard is located, and no
materials shall be stored less than 50 feet from a lot line of the
lot on which the junkyard is located.
I.
No materials stored within the junkyard shall be stacked
to a height exceeding the height of the evergreen planting screen
enclosing the junkyard, provided that in no case shall materials be
stacked to a height exceeding 10 feet.
J.
No portion of any lot including such a use shall be
located within 500 linear feet of any portion of one lot, including
any of the following uses: primary or secondary school, church or
related use, amusement park, public park, camp or campground, community
center, museum, day-care center, child nursery, library, residential
district or any site marked as a proposed future park location on
any Borough Official Map.
A.
All kennels shall provide the minimum area for kennels
required by state regulations. State laws regulating kennels are hereby
referenced.
B.
All buildings in which animals are housed and all
runs shall be located at least 100 feet from all lot lines.
C.
Buildings shall be adequately soundproofed so that
sounds generated within the buildings cannot be heard at the lot lines
D.
Outdoor animal runs may be provided for small animals
so long as a visual barrier at least four feet in height is provided
between the runs and a double evergreen screen at least six feet in
height is provided around the runs. No animal shall be permitted to
use the outdoor runs from 8:00 p.m. to 8:00 a.m.
The following specific standards shall apply
to each use permitted by right and each use permitted as a conditional
use:
A.
Specific intent. The intent of this section is to
provide regulations that encourage well-planned and designed low-rise
and garden apartment developments appropriate to the district and
in harmony with adjacent existing development. The following regulations
shall apply where low-rise and garden apartment development is allowed.
B.
Low-rise or garden apartment standards. The following
standards shall be observed:
(1)
Centralized water and sewer. All apartments shall
be served by public water supply and sewage disposal systems.
(2)
Underground utilities. All utilities shall be placed
underground.
(3)
Minimum lot area. Apartment developments shall provide
a lot area of at least four acres, and at least 4,000 square feet
of land area shall be provided for each dwelling unit in the R-1 District
and at least 3,000 square feet of land area shall be provided for
each dwelling unit in the R-2 District.
(4)
Maximum building coverage. The maximum building coverage
shall be 20% and the maximum impervious surface coverage shall be
40% in the R-1 and R-2 Districts.
(5)
Setbacks. All principal buildings shall be at least
30 feet from all street right-of-way lines and property lines. Garages
shall be at least five feet from all side and rear property lines
and at least 25 feet from all street right-of-way lines.
(6)
Maximum height. Maximum height of all buildings shall
not exceed three stories or 35 feet. No dwelling unit shall be more
than two stories above its ground entrance without the use of elevators.
(7)
Building separations. No building which has three
or fewer stories shall have any wall greater than 100 feet in horizontal
length, and every building which has three or fewer stories shall
be separated from no more than two other buildings by at least 25
feet and shall be separated from all other buildings by at least 1 1/2
times the height of the building.
(8)
Maximum building unit size. No more than 10% of the
dwelling units within an apartment development shall contain more
than three bedrooms, and no more than 40% of the total number of dwelling
units shall contain three bedrooms.
(9)
Maximum density.
(a)
The density shall not exceed 10 dwelling units
per gross acre of land included within the development in the R-1
District, and shall not exceed 12 1/2 dwelling units per gross
acre of land included in the R-2 District.
(b)
In addition, no land of such size as to be capable
of further development or subdivision for additional dwelling units
shall be counted to determine maximum density unless the possibility
of such development or subdivision is precluded by deed restriction
or agreement in a form acceptable to the Borough Solicitor and duly
recorded in the Office of the Recorder of Deeds for Lancaster County,
by transfer of development rights to the Borough, or by dedication
for public purposes.
(10)
Building location, orientation and design. The
location, orientation and design of all buildings shall given consideration
for site terrain and other natural features.
(11)
Recreation spaces. One or more recreation spaces
(each with a minimum area of 2,500 square feet) shall be provided
whose total area equals at least 200 square feet per dwelling unit.
All recreation spaces shall be located in areas suitable for outdoor
recreation. Except for recreation buildings, all recreation spaces
shall be at least 20 feet from any building or adjoining property
line.
(12)
Buffer yard. A twenty-foot buffer yard shall
be located along the sides and rear of any low-rise or garden apartment
in the R-1 and R-2 Districts.
(13)
Homeowners' and/or condominium agreements. If
any dwelling units are to be sold under homeowners' and/or condominium
agreements, such agreements or documents must be filed with the subdivision/land
development plan.
(14)
Off-street parking. The off-street parking requirements of Article VIII shall be complied with.
(15)
Minimum open space.
(a)
Minimum open space shall be 20% of the total
site excluding existing street rights-of-way. Priority for selecting
areas of open space preservation shall be given to watercourses, ponds,
floodplain areas, alluvial soils, lands having slopes in excess of
15% and forests with trees greater than six-inch caliper covering
an area larger than 1/2 acre. The open space land selected pursuant
to these priorities should not be improved or used in such manner
as to disturb its natural characteristics.
(b)
The proper operation and maintenance of all
open spaces shall be secured by an appropriate organization with legal
responsibility for the same. If the dwellings are sold, the organization
may be a condominium, cooperative, a homes association, trust or other
appropriate nonprofit organization of the dwelling unit owners, organized
in a manner found by the Borough Solicitor to be legally effective
and able to carry out its maintenance and operating responsibilities.
It is the intention of this chapter to authorize the remedies provided
in Section 705(d)(2) and (3) of the MPC[1] and the same are hereby incorporated by reference.
[1]
Editor's Note: See 53 P.S. § 10705(d)(2)
and (3).
Clubhouses or lodges for fraternal or social
purposes are subject to the following criteria:
A.
All private clubs shall front and have access to an
arterial or collector road, as identified in the Borough Comprehensive
Plan.
B.
All off-street parking shall be provided between the
front face of the building and a point 25 feet from the right-of-way
line of adjoining road(s). Parking compounds will also be set back
30 feet from any adjoining residential lot lines.
C.
All outdoor recreation/activity areas shall be set
back at least 50 feet from any property line.
D.
Screening shall be provided along any adjoining residentially
zoned property.
E.
The applicant shall provide a plan for the control
of trash, noise, loitering and parking.
A.
Garden apartment; low-rise apartment; townhouse, quadraplex or patio home; two-family dwelling and single-family detached dwelling. The standards for apartments, townhouses, quadraplexes and patio homes in §§ 200-81 and 200-102 of this chapter and the lot area, width, depth and height regulations and yard regulations for two-family and single-family detached dwellings in §§ 200-14F and G, 200-15F and G, and 200-16E and F of this chapter shall apply on those portions of a tract of land where a respective dwelling type will be built.
B.
The maximum number of dwelling units in a development
of two or more dwelling types shall be 3 1/2 dwelling units per
gross acre of land in the R-1 District, five dwelling units per gross
acre of land in the R-2 District and 10 dwelling units per gross acre
of land in the R-3 District.
When two or more principal uses occupy the same
building on the same lot, all parking, lot area and building area
requirements pertaining to each use shall be met in full.
A.
The subject property shall have a minimum of 300 feet
of road frontage along an arterial and/or collector road.
B.
The subject property shall be located no closer than
500 feet from any adjacent residential district and/or property containing
a school, day-care facility, park, playground, library, hospital,
nursing, rest, or retirement home.
C.
Any environmental impacts that are likely to be generated
(e.g., noise, smoke, dust, litter, glare, vibration, electrical disturbance,
wastewater, storm water, solid waste, etc.), and specific measures
employed to mitigate or eliminate any negative impacts. The applicant
shall further furnish evidence that the impacts generated by the proposed
use fall within acceptable levels, as regulated by applicable laws
and ordinance.
D.
All structures (including, but not limited to, air
compressors, fuel pump islands, kiosks) shall be set back at least
50 feet from any street right-of-way line. Unless the fuel pump islands
are set back 200 feet from the street line, they shall be designed
so that when fueling, trucks must be parallel to street.
E.
Access driveways shall be a minimum of 28 feet, and
a maximum of 35 feet wide. All access drives onto the same road shall
be set apart at least 150 feet from one another, as measured from
the closest points of the cartway edges.
F.
Off street parking shall be provided at a rate equal
to that required for each of the respective uses comprising the truck
stop. Any gates or other barriers used at the entrance to parking
areas shall be set back and arranged to prevent vehicle backups onto
adjoining roads during peak arrival periods.
G.
All vehicle service and/or repair activities shall
be conducted within a completely enclosed building. Outdoor storage
of parts, equipment, lubricants, fuels, or other materials used or
discarded in any service or repair operations must be screened from
adjoining roads and properties.
H.
The outdoor storage of unlicensed and/or uninspected
vehicles is prohibited.
I.
The demolition or junking of vehicles and machinery
is prohibited. Demolished vehicles and/or parts thereof shall be removed
within 30 days after arrival.
J.
Any exterior public address system shall be designed
and operated so that the audible levels of any messages conveyed over
the system will not exceed the ambient noise levels of the use, as
measured at each of the property lines.
K.
The applicant shall furnish evidence that the storage
and disposal of materials and wastes will be accomplished in a manner
that complies with all applicable state and federal regulations.
Municipal buildings and facilities, fire stations,
and similar uses shall comply with all bulk and lot regulations of
the district in which the use is located, unless the sponsoring agency
can submit compelling reasons for a modification to these requirements.
In such a case, the Zoning Hearing Board may waive or modify any such
requirement.
No-impact home-based businesses are permitted
as a use by right in all districts, except that such permission shall
not exceed any deed restriction, covenant or agreement restricting
the use of the land, nor any master deed, bylaw or other document
applicable to a common interest ownership community.
A.
A no-impact home-based business is a business or commercial
activity administered or conducted as an accessory use which is clearly
secondary to the use as a residential dwelling and which involves
no customer, client or patient traffic, whether vehicular or pedestrian,
pickup, delivery or removal functions to or from the premises, in
excess of those normally associated with residential use.
B.
The business or commercial activity must satisfy the
following requirements:
(1)
The business activity shall be compatible with the
residential use of the property and surrounding residential uses.
(2)
The business shall employ no employees other than
family members residing in the dwelling.
(3)
There shall be no display or sale of retail goods
and no stockpiling or inventory of a substantial nature.
(4)
There shall be no outside appearance of a business
use, including, but not limited to, parking, signs or lights.
(5)
The business activity may not use any equipment or
process which creates noise, vibration, glare, fumes, odors or electrical
or electronic interference, including interference with radio or television
reception, which is detectable in the neighborhood.
(6)
The business activity may not generate any solid waste
or sewage discharge, in volume or type, which is not normally associated
with residential use in the neighborhood.
(7)
The business activity shall be conducted only within
the dwelling and may not occupy more than 25% of the habitable floor
area.
(8)
The business may not involve any illegal activity.
C.
A zoning permit is required to operate a no-impact
home-based business.
A.
The use shall comply with all applicable regulations
of the Department of Public Welfare of the Commonwealth of Pennsylvania,
including, but not limited to, 55 Pa. Code Chapter 2620.
B.
The building shall comply with the provisions of Chapter 94 of the Code of Ordinances relating to uses of this type.
C.
No nursing or personal care boarding home shall be
located within 500 feet of any other personal care boarding home.
D.
Off-street parking lots and loading areas shall be
screened from adjoining residentially zoned lands.
E.
Sufficient exterior nighttime illumination of the
parking area shall be required to provide convenience and safety.
All such illumination shall be shielded from view of all surrounding
streets and lots.
A.
Not more than 80% of the lot area may be covered with
impervious surfaces.
B.
No sale, rental, service or repair operation for vehicles
is permitted.
C.
All such parking lots and garages shall meet the design standards for off-street parking contained in Article VIII.
D.
The parking or storage of trucks or trailers other
than those owned and routinely used by a principal use in the same
district is prohibited.
E.
No outside storage of property other than licensed
vehicles is permitted.
A.
The area of land proposed for development shall be
under single ownership.
B.
The planned development may contain a combination
of two or more principal uses permitted by right, as a special exception,
or as a conditional use in the zoning district in which the development
is proposed, provided that special exception use or conditional use
approval must be obtained for any proposed use so listed in the regulations
of the zoning district in which the development is proposed.
C.
The minimum lot area shall be the total of all lot
areas required for each proposed principal use.
D.
The minimum lot area, width, depth, height and yard
requirements shall be as required in the underlying zoning district;
provided, however, that where a proposed use has more stringent requirements,
the more stringent requirements shall be followed.
[Added 1-29-2018 by Ord.
No. 644]
A.
Permit required. No property owner or other person in possession
of real estate shall place or use a portable storage device or temporary
dumpster upon any lot or parcel of land within the Borough of Denver
without said property owner or other person in possession of real
estate first obtaining a zoning permit from the Zoning Officer of
the Borough upon application and payment of any fee established from
time to time by resolution of the Council of the Borough of Denver.
A zoning permit for portable storage devices/temporary dumpsters will
be approved or rejected within five working days of application.
B.
Duration of and number of zoning permits. A zoning permit for portable
storage devices or temporary dumpsters shall be for an initial term
of not more than 30 days. Provided that the applicant is in compliance
with all provisions of this section and all other applicable Borough
of Denver regulations, a renewal permit may be approved and issued
for an additional thirty-day period upon application and payment of
the permit renewal fee. Not more than five renewal zoning permits
shall be issued by the Borough of Denver for any portable storage
device or temporary dumpster placed upon any property in the Borough
of Denver. Upon the expiration of the initial zoning permit, or any
renewal thereof, the portable storage device or temporary dumpster
shall be promptly removed.
C.
Not more than one zoning permit, including all renewals thereof,
shall be issued for temporary dumpsters or portable storage devices
for any property during any one-year period.
D.
Maximum size, placement and usage of portable storage devices or
temporary dumpsters.
(1)
Maximum size of portable storage devices or temporary dumpsters.
The maximum size of a portable storage device or temporary dumpster
on a single lot or parcel of land is 130 square feet.
(2)
Regulations regarding placement and usage of portable storage
devices or temporary dumpsters. Portable storage devices or temporary
dumpsters may be placed on a property zoned residential and/or business
upon compliance with all of the following:
(a)
No more than one portable storage device or temporary dumpster
shall be located on a single lot or parcel of land.
(b)
No other type of container or shipping container is located
on the same lot or parcel of land.
(c)
Portable storage devices or temporary dumpsters shall not be
used to store or transport nonresidential materials and substances,
including, but not limited to, contractor's materials and equipment,
solid waste, hazardous materials, explosives, and unlawful substances
and materials.
(d)
Prior to the issue of any zoning permit for any portable storage
device or temporary dumpster, its location and usage shall be reviewed
and approved by the Zoning Officer of the Borough of Denver.
(e)
The following requirements shall apply to any portable storage
device or temporary dumpster placed upon any single lot or parcel
of land:
[1]
If a portable storage device or temporary dumpster
is placed in the required front yard, then the portable storage device
or temporary dumpster shall be located only in the area primarily
used for vehicular ingress and egress and must have a ten-foot setback
from the edge of the curb. If no curb exists, the portable storage
device or temporary dumpster shall have a ten-foot setback from the
edge of the pavement.
[2]
If a portable storage device or temporary dumpster
is placed in the rear or side yard, no setback shall be required except
that no portable storage device or temporary dumpster shall encroach
upon an adjacent property.
(3)
The name, address and telephone number of the portable storage
device or temporary dumpster owner/operator shall be conspicuously
placed on at least two sides of the portable storage device or temporary
dumpster.
(4)
No portable storage device or temporary dumpster shall be loaded
in such a manner as to cause its contents to spill onto any street,
sidewalk or other area intended for pedestrian or vehicular travel.
(5)
No portable storage device or temporary dumpster shall be placed
in such a manner as to interfere with the operation or maintenance
of any public utility.
Recycling of paper, plastic, glass, and metal
products is subject to the following criteria:
A.
All operations, including collection, shall be conducted
within a completely enclosed building.
B.
There shall be no outdoor storage of materials processed,
used, or generated by the operation.
C.
The applicant shall explain the scope of operation,
and offer expert testimony regarding the measures used to mitigate
problems associated with noise, fumes, dust and litter.
D.
The applicant will be required to assure regular maintenance
of the site to immediately collect stray debris.
A.
In single-family detached dwellings legally existing
as of the effective date of this chapter, up to three rooms can be
rented to nonfamily members.
B.
No more than one person may occupy each rented room.
C.
The residential character of the front facade of the
dwelling shall be maintained.
D.
The use of a single-family detached dwelling shall
not be allowed if it would require a second front entrance or an outside
fire escape on a front wall or on a side wall facing a street.
E.
There shall be no separate kitchen facilities, nor
shall there be separate cooking facilities, including oven, stove,
microwave, hot plate, etc., in any rental room.
F.
At least one full bathroom shall be provided for use
by every two rental rooms.
G.
Lot areas shall not be less than one contiguous acre.
H.
One off-street parking space shall be provided for
every two rental rooms in addition to the parking required for the
residential use of the dwelling. The off-street parking spaces shall
be located either to the rear of the dwelling or screened from the
street and abutting dwellings by evergreen screening or solid wooden
fencing. However, no parking spaces shall be located within the front
yard.
I.
All parking areas shall be set back 25 feet from all
lot lines.
A.
Exterior seating.
(1)
All restaurant seating shall be provided within the
completely enclosed building, except that limited exterior seating
may be provided if:
(a)
Such seating is situated and designed so as
not to adversely impact nearby residences;
(b)
Such seating is accessory to the principal interior
seating accommodations;
(c)
During use, such seating is continuously supervised
by an employee or owner of the restaurant;
(d)
Any lighting or music systems serving such seating
is designed and operated so as not to constitute a nuisance to adjoining
properties; and
(e)
The applicant shall furnish and implement a
working plan for the continuous cleanup of litter and debris that
may result from such outdoor seating.
(2)
Outdoor seating shall not obstruct passage on adjacent
sidewalks.
B.
All off-street parking and/or loading areas shall
be screened from adjoining residences and roads.
Retail sale of manufactured products produced
and/or assembled on the premises is permitted as an accessory use
to a permitted manufacturing product or process, subject to the following
criteria:
A.
All rooming and boarding houses shall be conducted
in single-family detached dwellings legally existing as of the effective
date of this chapter.
B.
Not less than 5,000 gross square feet of lot area
shall be provided for each rental unit.
C.
The residential character of the front facade of the
dwelling shall be maintained.
D.
Lot areas shall not be less than one contiguous acre.
E.
All parking areas shall be set back 25 feet from all
lot lines.
F.
One off-street parking space shall be provided for
each rental unit. No additional front yard areas shall be provided
for parking.
G.
All units shall have not less than two means of egress.
H.
There shall be no outside advertising other than a
one- or two-sided sign, not more than two square feet on each side.
If illuminated, lights shall not glare towards other properties.
I.
All floors above ground level shall have a direct
means of emergency escape to ground level.
J.
Meals shall be offered only to registered tenants.
K.
At least one full bathroom shall be provided for use
by every two rental rooms.
The display and sale of agricultural products
from an existing structure on a farm in the R-1 District is a use
permitted by right, subject to the following criteria:
A.
The primary economic activity of the subject tract
shall be agricultural and the subject tract shall be at least 10 acres
in area.
B.
The land area occupied by the display and sales of
farm products shall not utilize more than one acre of land area inclusive
of buildings and parking facilities.
C.
The display and sale of agricultural products shall
be conducted by the owner of the property.
D.
Any permanent structure which is used for the display
or sale of agricultural products shall be at least 40 feet from any
property line or the legal ultimate right-of-way line of any street.
E.
The sale of agricultural products from a portable
stand shall be located a minimum of 25 feet from the street right-of-way
and shall be removed at the end of the growing season. Mobile stands
(i.e., farm wagons, pickup trucks, etc.) shall be located outside
the street right-of-way.
F.
The display and sale of agricultural products shall
be conducted upon the same lot as an actively farmed parcel.
G.
The land area occupied by the display and sale of
agricultural products shall not, at any time, be permitted to be subdivided
from the farm.
H.
The retail sale of nonagricultural items shall be
permitted as an accessory use to the sale and display of agricultural
products. The display area for such nonagricultural items shall not
exceed 600 square feet of floor area.
I.
Off-street parking shall be provided for employees and customers in accordance with Article VIII of this Zoning chapter. In no case, however, shall fewer than three off-street parking spaces be provided.
J.
Adequate parking and loading areas shall be provided
and shall not be permitted on or along any public road.
K.
The applicant shall demonstrate that the proposed
land use provides for the safe and efficient movement of traffic by
addressing anticipated changes in vehicular movements.
L.
Any exterior lighting shall be arranged and designed
so as to comply with the provisions of this chapter.
M.
A minimum of 20% (by value) of the annual sales of
agricultural products shall be from products grown on the farm on
which the use is located.
A.
State licensed nursery schools, elementary schools,
middle schools, junior high schools, or senior high schools are subject
to the following criteria:
B.
Commercial and private schools, including vocational
and mechanical trade schools, are subject to the following criteria:
(1)
All height, area, setback and coverage standards within
the underlying district shall apply.
(2)
All buildings shall be set back at least 100 feet
from any adjoining land within a residential district.
(3)
If education is offered below the college level, an
outdoor play area shall be provided, at a rate of 65 square feet per
individual enrolled. Off-street parking lots shall not be used as
outdoor play areas. Outdoor play areas shall not be located within
the front yard, and must be set back 25 feet from all property lines.
Outdoor play areas shall be completely enclosed by a minimum four-foot-high
fence and screened from adjoining residentially zoned properties.
Any vegetative materials located within the outdoor play area shall
not be of a harmful type (poisonous, thorny, allergenic, etc.). All
outdoor play areas must provide a means of shade, such as a shade
tree(s) or pavilion(s).
(4)
Enrollment shall be defined as the largest number
of students on the site at any one time during a seven-day period.
(5)
Passenger dropoff and pickup areas shall be provided
and arranged so that students do not have to cross traffic lanes on
or adjacent to the site.
A.
Individual storage units. No
individual storage unit shall be greater than 200 square feet. All
such units shall be fireproof and waterproof. Each shall have separate
ingress and egress secured by the user.
B.
Outdoor storage. It is limited to RVs, campers, boats
on trailers, automobiles and trucks (two tons or less in capacity)
and trailers (noncommercial only). It must be parked on paved areas.
All such items must be licensed and inspected (if applicable), and
in operable condition.
C.
Prohibitions. The following shall be prohibited:
(1)
No storage of trash, garbage, refuse, explosive or
flammable materials, hazardous substances, animals, animal carcasses
or skins.
(2)
No storage in interior traffic aisles, off-street
parking areas, loading areas, or driveway areas.
(3)
No servicing or repairing of boats, vehicles, trailers,
lawn mowers or similar equipment.
(4)
No storage is permitted other than dead storage.
D.
Inspection. All fire chiefs, fire marshals, police,
building inspectors, and Department of Health Inspectors of the Borough
of Denver and County of Lancaster, shall have the right to inspect
each unit within the self-storage facility at such times as such inspections
are determined necessary by the Borough Manager and the above-mentioned
officials for the protection of the health, safety and welfare of
the Borough residents and the facility users. The persons in control
of the facility shall have available, at all times, the means of obtaining
ingress to each separate storage unit.
E.
Off-street parking requirements and standards.
(1)
One off-street parking space shall be required for
each employee (full- or part-time). One off-street parking space shall
also be provided for every five storage units. These latter spaces,
for use by the tenants, shall be equitably distributed through the
complex. There shall also be one off-street parking space for every
25 storage units.
(2)
These spaces shall be adjacent to the entrance and
to the manager's office for use by guests and business invitees.
(3)
Parking lanes shall be 10 feet wide. Two-way travel
lanes shall be 26 feet wide. Nonvehicular travel lanes shall be 20
feet wide.
F.
Height. Maximum building height is 15 feet.
G.
Security. Security shall be provided by one of the
following methods:
H.
Lighting. Adequate lighting to illuminate the area
but directed away from all residential areas or shielded to reflect
light away shall be provided.
I.
Screen planting. A screen planting is required where
the facility abuts an existing residential district or residential
use or an existing institutional district or existing institutional
use.
A.
All solid waste storage, disposal and incineration
shall be at least 300 feet from any public street or exterior lot
line.
B.
All areas to be used for the storage, disposal or
incineration of solid waste shall be a minimum of 500 feet from any
residential district or publicly owned park or any existing residential
use that the applicant does not have an option to buy or from the
banks of any nonintermittent creek or river.
C.
The site shall contain a sufficient number of access
points, each with a minimum cartway width of 30 feet.
D.
Any burning or incineration shall be carried out in
a completely enclosed incinerator approved by the PaDEP. Any material
to be incinerated that is to be stored for more than three hours shall
be stored in an enclosed structure.
E.
The site shall be selected and designed by a registered
professional engineer with proven experience in solid waste disposal
planning and operation. The operation and day-to-day maintenance of
the solid waste disposal area shall comply with all applicable state
and federal regulations as a condition of the continuance of any permit
of the Borough. Violations of applicable state or federal regulations
shall also be considered to be violations of this chapter.
F.
Open dumps and open burning of refuse are prohibited.
G.
The applicant shall prove to the satisfaction of the
Zoning Hearing Board that the existing street network can handle the
additional truck traffic, especially without bringing trash hauling
trucks through or alongside existing residential or residentially
zoned areas.
H.
In cooperation with PaDEP requirements, an appropriate
double liner and a system to collect and treat leachate and methane
is very strongly encouraged for any sanitary landfill.
I.
The applicant shall prove to the Zoning Hearing Board that the use would not be hazardous to groundwater quality, create noxious smells off of the tract or violate the performance standards of Article VI.
J.
A chain link or other approved fence with a minimum
height of eight feet shall surround active solid waste disposal areas
to prevent the scattering of litter and to keep out children unless
the applicant proves to the satisfaction of the Zoning Hearing Board
that this is unnecessary. Earthen berms or evergreen screening shall
be used to prevent the landfill operations from being visible from
an expressway or arterial streets.
K.
A minimum lot size of 30 acres (which may include
land in an adjoining municipality) is required for any solid waste
facility or a solid waste transfer facility. A maximum total of 300
tons of capacity per day to treat and dispose of solid waste shall
be required within any resource recovery facility or solid waste transfer
facility.
L.
Health hazards. Any facility shall be operated in
such a manner to prevent the attraction, harboring or breeding of
insects, rodents or vectors.
M.
Attendant. An attendant shall be present during all
periods of operation or dumping.
N.
Gates. Secure gates, fences, earth mounds and/or dense
vegetation shall prevent unauthorized access.
O.
Emergency access. The operator
of the use shall cooperate fully with local emergency services. This
should include allowing practice exercises on the site and the provision
of all information needed by the emergency services to determine potential
hazards. Adequate means of emergency access shall be provided.
P.
Hours of operation. The Zoning Hearing Board shall
determine hours of operation of the use, based on the proposed location
of said use.
Q.
Litter. The operator shall regularly police the area
of the facility and surrounding streets to collect litter that may
escape from the facility trucks.
R.
Dangerous materials. No radioactive, hazardous, chemotherapeutic
or infectious materials may be stored, processed, disposed or incinerated.
"Infectious materials" are defined as medical wastes used or created
in the treatment of persons or animals with seriously contagious diseases.
S.
Staging. No total area(s) larger than 40 acres shall
be used as a disposal area for a sanitary landfill in any calendar
year.
T.
The applicant shall provide sufficient information for the Borough to determine that the requirements of this chapter will be met. (See Article VI.)
U.
State requirements. Nothing in this chapter is intended
to supersede any state requirements. It is the intent of this chapter
that when similar issues are regulated on both the Borough and state
levels, the stricter requirement shall apply for each aspect, unless
it is determined that an individual state regulation preempts Borough
regulation in a particular aspect.
V.
The applicant shall enter into an agreement with the
Borough specifying the types and frequencies of environmental monitoring
that will be put into place.
W.
A leachate treatment system or a recycling collection
or processing center may be accessory uses.
A.
All pools shall be entirely enclosed with a good quality
chain link or preferably a wooden or other equivalent fence of not
less than six feet in height.
B.
No loudspeaker or amplifying device shall be permitted
which would project sound beyond the boundaries of the property.
C.
No lighting shall be permitted which will shine on
adjacent property.
A.
Specific intent. The intent of this section is to
provide regulations that encourage well-planned and designed townhouse,
quadraplex or patio home developments appropriate to the district
and in harmony with adjacent existing development.
B.
Townhouse, quadraplex or patio home standards. The
division or a development into lots is not required so long as the
land upon which it is situated remains in single undivided common
ownership (including condominium ownership). Whether or not lots are
involved, a development shall be designed in compliance with the following
standards:
(1)
Centralized water and sewer. All townhouses,
quadraplexes or patio homes shall be served by public water supply
and a public sanitary sewer system. Each townhouse, quadraplex or
patio home must have a separate water meter and remote reader.
(2)
Underground utilities. All utilities shall be
placed underground.
(3)
Minimum frontage. There shall be a minimum of
100 feet on a public street for each development.
(4)
Minimum lot area. For each development there
shall be a minimum of four acres.
(5)
Minimum building width. There shall be 18 feet
for each building.
(6)
Maximum height. Maximum height of all buildings
shall not exceed two stories or 35 feet, except that the basement
floor of any dwelling may open to grade at the rear only. Maximum
height may be increased to three stories when garages are included
in the first floor level.
(7)
Minimum yard area. For each townhouse, quadraplex
or patio home, there shall be a yard, patio or other outdoor areas
immediately adjacent to the rear or side of each dwelling of not less
than 300 square feet for the exclusive use of the occupants of that
dwelling. If a development is subdivided into lots, the same test
shall apply in determining the minimum size of the lot.
(8)
Maximum density.
(a)
The density shall not exceed six dwelling units
per gross acre of land included within the development in the R-1
District, and shall not exceed 10 dwelling units per gross acre of
land included within the development in the R-2 District, and shall
not exceed 15 dwelling units per gross acre of land included within
the development in the R-3 District.
(b)
In addition, no land of such size as to be capable
of further development or subdivision for additional dwelling units
shall be counted to determine maximum density unless the possibility
of such development or subdivision is precluded by deed restriction
or agreement in a form acceptable to the Borough Solicitor and duly
recorded in the Office of the Recorder of Deeds for Lancaster County,
by transfer of development rights to the Borough, or by dedication
for public purposes.
(9)
Total impervious coverage. Not more than 65%
of the gross land area comprising a development shall be covered with
buildings or other impervious surface, including parking areas, driveways,
roads, sidewalks, recreation areas and any areas covered in concrete,
asphalt or other similar cover that does not absorb rain.
(10)
Townhouse buildings: a group of not fewer than
three and not more than eight townhouses attached to each other by
party walls. No more than two adjacent townhouses in any townhouse
building shall have the same back and front setback line. The minimum
variation of front and back setback line shall be 16 inches.
(11)
External property line building setback. Townhouse,
quadraplex or patio home buildings shall be setback from the original
tract boundary property line a minimum distance of 30 feet.
(12)
Building setback from public and private streets.
Townhouse, quadraplex or patio home buildings shall have a minimum
setback of 30 feet from the street right-of-way line of proposed streets.
All garages, whether attached or unattached, shall meet these same
setback requirements.
(13)
Building separations. Facing walls are walls opposite to and parallel with one another
and any opposite walls whose lines, if extended, would intersect at
angles of less than 65°. The minimum horizontal distance (between
facing walls) of any two buildings on one lot or any one building
with facing walls shall be as follows:
(a)
Where two facing walls both contain a window
or windows and outdoor patios: not less than 70 feet. This distance
may be reduced to 50 feet where permanent screen walls are constructed.
(b)
Between two facing walls only one of which contains
a window or windows: not less than 30 feet.
(c)
Between two facing walls neither of which contains
a window or windows: not less than 20 feet.
(14)
Minimum open space.
(a)
Minimum open space shall be 20% of the total
site excluding existing street rights-of-way. Priority for selecting
areas of open space preservation shall be given to watercourses, ponds,
floodplain areas, alluvial soils, lands having slopes in excess of
15% and forests with trees greater than six inches caliper covering
an area larger than 1/2 acre. The open space land selected pursuant
to these priorities should not be improved or used in such manner
as to disturb its natural characteristics.
(b)
The proper operation and maintenance of all
open spaces shall be secured by an appropriate organization with legal
responsibility for the same. If the dwellings are sold, the organization
may be a condominium, cooperative, a homes association, trust or other
appropriate nonprofit organization of the dwelling unit owners, organized
in a manner found by the Borough Solicitor to be legally effective
and able to carry out its maintenance and operating responsibilities.
It is the intention of this chapter to authorize the remedies provided
in § 705(d)(2) and (3) of the MPC[1] and the same are hereby incorporated by reference.
[1]
Editor's Note: See 53 P.S. § 10705(d)(2)
and (3).
(15)
Buffer yard. A twenty-foot buffer yard with
screening shall be located along the sides and rear of any townhouse,
quadraplex or patio home development in the R-1 and R-2 Districts.
(16)
Accessory use: storage enclosures. All storage
for other than private automobiles shall be architecturally attached
to and be part of the dwelling and be structurally enclosed.
(17)
Homeowners' and/or condominium agreements. If
any dwelling units are to be sold under homeowners' and/or condominium
agreements, such agreements or documents must be filed with the subdivision/land
development plan.
A.
All repair, welding and paintwork shall be performed
within an enclosed building, and in accordance with all applicable
federal and state requirements.
B.
All provisions shall be made to prevent or minimize
noise, odor, vibration, light or electrical interference to adjacent
lots.
C.
Outdoor storage of autos and other vehicles shall
not exceed three times the indoor repair area, shall only be back
of the front yard line, and shall be no closer than 20 feet from side
and rear lot lines.
D.
Outdoor storage of auto parts and junk shall be prohibited.
E.
Any vehicle on the premises longer than 48 hours shall
be deemed a stored vehicle. No vehicle shall be stored in excess of
45 days.
F.
Damaged vehicles parked on the lot for more than 72
hours shall be screened from view.
G.
No vehicle that is not operable or does not have current
registration shall be stored within view of public streets or a dwelling
for a total of more than five days.
H.
Service bay doors shall not face abutting residential
districts.
I.
A use that is primarily intended to serve trucks with
six or more wheels shall be required to have a minimum lot area of
three acres, and all areas used for repairs, fueling and servicing
of such vehicles shall be set back a minimum of 200 feet from all
existing residential lot lines and residential zoning boundaries.
A.
The subject property shall have a minimum width of
125 feet.
B.
The subject property shall front on an arterial or
collector road as defined in the Comprehensive Plan.
C.
The subject property shall be setback at least 300
feet from any lot containing a school, day-care facility, playground,
library, hospital, or nursing, rest or retirement home.
D.
The storage of motor vehicles (whether capable of
movement or not) for more than a one-week period is prohibited.
E.
Any parts removed from repaired vehicles shall not
remain on the site longer than 48 hours.
F.
All structures (including gasoline pump islands but
not permitted signs) shall be setback at least 30 feet from any street
right-of-way line.
G.
No outdoor storage of auto parts shall be permitted.
H.
All access drives shall be a maximum of 30 feet wide
and separated by 75 feet from one another if located along the same
frontage as measured from edge to edge.
I.
All ventilation equipment associated with fuel storage
tanks shall be setback 100 feet and oriented away from any adjoining
residentially zoned properties.
J.
There shall be the ability for a minimum of four vehicles
to be serviced at each cluster of gasoline pumps or to be lined up
behind cars being serviced, without obstruction of access into or
out of the use.
K.
A use that is primarily intended to serve trucks with
six or more wheels shall be required to have a minimum lot area of
three acres, and all areas used for fueling and servicing shall be
set back a minimum of 100 feet from all existing residential lot lines
and residential zoning district boundaries.
