The following provisions shall apply to all
nonconforming uses and structures:
A.
No nonconforming structure nor any nonconforming use
shall be changed except to the extent that any change is in compliance
with the terms of this chapter.
B.
Any nonconforming structure damaged by fire, flood,
collapse, explosion, or other casualty may be reconstructed and used
as before to the extent that the total cost of restoration of the
nonconforming structure to the condition it was before the occurrence
is less than 50% of the total cost to reconstruct the entire nonconforming
structure and provided that:
(1)
Such reconstruction is completed within 12 months
of such casualty;
(2)
The restored nonconforming structure has no greater
lot coverage or height and contains no greater cubic content than
before such casualty; and
(3)
The restored nonconforming structures does not increase
any nonconformity of the structure with the provisions of this chapter.
C.
In the event that any nonconforming use, conducted
in a structure or otherwise, is abandoned, such nonconforming use
shall not be resumed. A nonconforming use will be presumed abandoned
if such use ceases for a period of more than six months.
D.
A nonconforming structure may not be reconstructed or replaced except as provided in Subsection B.
E.
No such structure may be enlarged or structurally
altered in a way that would increase its nonconformity except through
a variance granted by the Zoning Hearing Board which may authorize
reasonable modifications.
[Amended 3-8-2004 by Ord. No. 388[1]]
[1]
Editor's Note: This ordinance also repealed
former Subsection F, which immediately followed this subsection and
provided for the expansion of nonconforming uses.
A.
Swimming pool.
(1)
Every private swimming. pool shall be enclosed by
a fence constituting a barrier to small children, at least five feet
in height and with a gate in said fence which shall be locked when
the pool is not in use by or under the supervision of the owner or
other designated responsible person of the premises upon which it
is installed. Private swimming pools of the aboveground type which
have vertical walls of at least five feet from ground level and removable
steps shall not be required to be fenced.
(2)
A self-closing, latching gate which is lockable shall
be provided in the fence as required above.
(4)
All pools, above or below ground, shall be considered
a structure and require a building or zoning permit as applicable.
[Added 9-10-2007 by Ord. No. 412]
B.
Satellite dishes. The following provisions shall govern
the location, size and height for satellite dish antennas as defined
in this chapter:
(1)
In any residential zoning district, ground-mounted
satellite dish antennas up to five feet in diameter may be permitted
subject to the following criteria:
(a)
All installations must comply with all accessory
use, yard, height, and setback requirements specified within the respective
zoning district. However, in no case shall installations be located
in front yards or within 20 feet of side lot and 50 feet of rear lot
property lines or exceed a height of 15 feet.
(2)
In any residential zoning district, roof-mounted satellite dish antennas up to five feet in diameter may be permitted as a conditional use under Article IV, subject to the following additional criteria:
C.
Home business/occupations. In any residential district,
a gainful occupation or profession conducted by a member of the immediate
family owning and residing on the premises may use parts of the dwelling
for a home occupation, provided that all of the following conditions
are met and a permit and fee are issued by the Zoning Officer:
[Amended 10-13-2003 by Ord. No. 386]
(1)
Such occupation or profession shall be clearly incidental
and subordinate to the use of the property as a residence.
(2)
Such occupation or profession shall be of a nature
or type historically and customarily carried on within a dwelling
unit.
(3)
The home occupation shall be conducted wholly within
the dwelling and shall not occupy more than 25% of the gross area
of a single floor, nor a total area of more than 300 square feet.
(4)
The home occupation use of the dwelling shall not
change the character thereof or show any exterior evidence of such
secondary use. No signage of any type is permitted. There shall be
no display or sale of retail goods.
(5)
The home occupation shall not make use of any machinery
or equipment other than normal domestic or household machinery or
equipment.
(6)
Any home occupation which may create objectionable
smoke, fumes, odors, dust, noise, vibration, electrical interference,
glaring lights, visual blight, more than normal residential traffic
or other objectionable affects shall be prohibited.
(7)
When the occupation or profession is of the type whose
operations require it, one person not residing in such dwelling may
be employed.
(8)
All parking shall be off-street and one off-street
space shall be provided in addition to that required of the residence
unit.
(9)
Only one home occupation per dwelling unit is permitted.
(10)
No such home occupation shall require exterior
or interior structural alterations of any existing dwelling.
(11)
All deliveries of supplies and materials for
the home occupation by commercial vehicles shall occur only within
the hours of 9:00 a.m. and 5:00 p.m. on Mondays through Saturdays,
excluding national holidays.
(12)
The business may not involve any illegal activity.
D.
Wireless communications facilities.
[Added 3-9-2015 by Ord.
No. 444]
(1)
General requirements for all non-tower wireless communications facilities.
(a)
The following regulations shall apply to all non-tower wireless
communications facilities located within the Borough, including those
inside the public rights-of-way:
[1]
Permitted in all zones subject to regulations. Non-tower WCFs
are permitted in all zones subject to the restrictions and conditions
prescribed below and subject to applicable permitting by the Borough.
[2]
Prohibited on certain structures. Commercial non-tower WCFs
shall not be located on single-family detached residences, single-family
attached residences, or any accessory residential structure.
[3]
Standard of care. Any non-tower WCF shall be designed, constructed,
operated, maintained, repaired, modified and removed in strict compliance
with all current applicable technical, safety and safety-related codes,
including but not limited to the most-recent editions of the American
National Standards Institute (ANSI) Code, National Electrical Safety
Code, and National Electrical Code. Any WCF shall at all times be
kept and maintained in good condition, order and repair by qualified
maintenance and construction personnel, so that the same shall not
endanger the life of any person or any property in the Borough.
[4]
Wind. All non-tower WCF structures shall be designed to withstand
the effects of wind according to the standard designed by the American
National Standards Institute as prepared by the engineering departments
of the Electronics Industry Association and Telecommunications Industry
Association (ANSI/EIA-222-E, as amended).
[5]
Aviation safety. Non-tower WCFs shall comply with all federal
and state laws and regulations concerning aviation safety.
[6]
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.
[7]
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.
[8]
Removal. In the event that use of a non-tower WCF is discontinued,
the owner shall provide written notice to the Borough of its intent
to discontinue use and the date when the use shall be discontinued.
Unused or abandoned WCFs or portions of WCFs shall be removed as follows:
[a]
All abandoned or unused WCFs and accessory facilities
shall be removed within two months of the cessation of operations
at the site, unless a time extension is approved by the Borough.
[b]
If the WCF or accessory facility is not removed
within two months of the cessation of operations at a site, or within
any longer period approved by the Borough, the WCF and/or associated
facilities and equipment may be removed by the Borough and the cost
of removal assessed against the owner of the WCF.
[9]
Insurance. Each person that owns or operates a non-tower WCF
shall provide the Borough with a certificate of insurance evidencing
general liability coverage in the minimum amount of $1,000,000 per
occurrence and property damage coverage in the minimum amount of $1,000,000
per occurrence covering the non-tower WCF.
[10]
Indemnification. Each person that owns or operates
a non-tower WCF shall, at its sole cost and expense, indemnify, defend
and hold harmless the Borough, its elected and appointed officials,
employees and agents, at all times against any and all claims for
personal injury, including death, and property damage arising in whole
or in part from, caused by or connected with any act or omission of
the person, its officers, agents, employees or contractors arising
out of, but not limited to, the construction, installation, operation,
maintenance or removal of the non-tower WCF. Each person that owns
or operates a non-tower WCF shall defend any actions or proceedings
against the Borough in which it is claimed that personal injury, including
death, or property damage was caused by the construction, installation,
operation, maintenance or removal of a non-tower 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.
[11]
Maintenance. To the extent permitted by law, the
following maintenance requirements shall apply:
[a]
The non-tower WCF shall be fully automated and
unattended on a daily basis and shall be visited only for maintenance
or emergency repair.
[b]
Such maintenance shall be performed to ensure the
upkeep of the facility in order to promote the safety and security
of the Borough's residents.
[c]
All maintenance activities shall utilize nothing
less than the best available technology for preventing failures and
accidents.
(b)
In addition to the regulations in Subsection D(1)(a), the following additional regulations shall apply to all non-tower wireless communications facilities that do not substantially change the physical dimensions of the wireless support structure to which they are attached, or to which the PA WBCA is applicable:
[1]
Permit required. Applicants proposing the modification of an
existing tower-based WCF shall obtain a building permit from the Borough
Zoning Office. In order to be considered for such, the applicant must
submit a permit application to the Borough Zoning Office.
[2]
Timing of approval. Within 30 calendar days of the date that
an application for a non-tower WCF is filed with the Borough, the
Borough shall notify the applicant, in writing, of any information
that may be required to complete such application. Within 60 calendar
days of receipt of a complete application, the Borough shall make
its final decision on whether to approve the application and shall
advise the applicant, in writing, of such decision. If additional
information was requested by the Borough to complete an application,
the time required by the applicant to provide the information shall
not be counted toward the Borough's sixty-day review period.
[3]
Permit fees. The Borough may assess appropriate and reasonable
permit fees directly related to the Borough's actual costs in reviewing
and processing the application for approval of a non-tower WCF or
$1,000, whichever is less.
(c)
In addition to the regulations in Subsection D(1)(a), the following additional regulations shall apply to all non-tower wireless communications facilities that substantially change the wireless support structure to which they are attached, or to which the PA WBCA is not applicable:
[1]
Permit required. Any applicant proposing the construction of
a new non-tower WCF, or the modification of an existing non-tower
WCF, shall first obtain a building permit from the Borough Zoning
Office. New construction and modifications shall be prohibited without
such a permit. After receipt of the permit application, the Borough
Zoning Officer shall determine whether zoning relief is necessary
under the Borough Code.
[2]
Historic buildings. No non-tower WCF may be located on a building
or structure that is listed on either the National or Pennsylvania
Register of Historic Places, is listed on the official historic structures
and/or historic districts list maintained by the Borough, or has been
designated by the Borough to be of historical significance.
[3]
Retention of experts. The Borough may hire any consultant(s) and/or expert(s) necessary to assist the Borough in reviewing and evaluating the application for approval of the WCF and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of this Subsection D. The applicant and/or owner of the WCF shall reimburse the Borough for all costs of the Borough's consultant(s) in providing expert evaluation and consultation in connection with these activities.
[4]
Permit fees. The Borough may assess appropriate and reasonable
permit fees directly related to the Borough's actual costs in reviewing
and processing the application for approval of a non-tower WCF, as
well as related inspection, monitoring and related costs.
(2)
Non-tower wireless facilities outside the rights-of-way. In addition to the regulations in Subsection D(1)(a), the following additional regulations shall apply to non-tower wireless communications facilities located outside the rights-of-way that substantially change the wireless support structure to which they are attached:
(a)
Development regulations. Non-tower WCFs shall be co-located
on existing structures, such as existing buildings or tower-based
WCFs, if possible, subject to the following conditions:
[1]
Such WCF does not exceed the lesser of a total maximum height
of 15 feet or the maximum height permitted in the underlying zoning
district. If the planned non-tower WCF exceeds this height specification,
the WCF applicant shall obtain a variance.
[2]
If the WCF applicant proposes to locate the related equipment
in a separate building, the building shall comply with the minimum
requirements for the applicable zoning district and commercial accessory
buildings.
[3]
A security fence of not less than six feet shall surround any
separate communications equipment building. Vehicular access to the
communications equipment building shall not interfere with the parking
or vehicular circulation on the site for the principal use.
(b)
Conditional use authorization required. If co-location of the
non-tower WCF on an existing support structure is not technologically
feasible, the applicant shall submit a conditional use application
to the Borough Zoning Office. Such application shall demonstrate that
the proposed facility satisfies all of the requirements set forth
in the Borough of Bradford Woods Zoning Code. New, non-co-located
facilities shall not be permitted without conditional use approval
from the Borough Council.
(c)
Design regulations.
[1]
Non-tower WCFs shall employ stealth technology and be treated
to match the supporting structure in order to minimize aesthetic impact.
The application of the stealth technology chosen by the WCF applicant
shall be subject to the approval of the Borough.
[2]
The total height of any support structure and mounted WCF shall
not exceed the maximum height permitted in the underlying zoning district,
unless the applicant obtains a special exception.
[3]
In accordance with industry standards, all non-tower WCF applicants
must submit documentation to the Borough justifying the total height
of the non-tower structure. Such documentation shall be analyzed in
the context of such justification on an individual basis.
[4]
Noncommercial usage exemption. Borough citizens utilizing satellite dishes, ham radios, and antennas for the purpose of maintaining television, phone, and/or internet connections at their respective residences shall be exempt from the siting and design regulations enumerated in this Subsection D.
(d)
Removal, replacement, modification.
[1]
The removal and replacement of non-tower WCFs and/or accessory
equipment for the purpose of upgrading or repairing the WCF is permitted,
so long as such repair or upgrade does not increase the overall size
of the WCF or the number of antennas.
[2]
Any material modification to a wireless telecommunication facility
shall require a prior amendment to the original permit or authorization.
(e)
Reservation of rights. In accordance with applicable law, the
Borough reserves the right to deny an application for the construction
or placement of any non-tower WCF for numerous factors, which include,
but are not limited to, visual impact, design, and safety standards.
(f)
Inspection. The Borough reserves the right to inspect any WCF to ensure compliance with the provisions of this Subsection D and any other provisions found within the Borough Code or state or federal law. The Borough and/or its agents shall have the authority to enter the property upon which a WCF is located at any time, upon reasonable notice to the operator, to ensure such compliance.
(3)
Non-tower wireless facilities in the rights-of-way. In addition to the regulations in Subsection D(1)(a), the following additional regulations shall apply to all non-tower wireless communications facilities located in the rights-of-way:
(a)
Co-location. Non-tower WCFs in the ROW shall be co-located on
existing poles, such as existing utility poles or light poles. Co-located
facilities shall be permitted by right. If co-location is not technologically
feasible, the applicant shall locate its non-tower WCFs on existing
poles or structures that do not already act as support structures.
(b)
Conditional use authorization required. If co-location of the
non-tower WCF on an existing support structure is not technologically
feasible, the applicant shall submit a conditional use application
to the Borough Zoning Office. New, non-co-located facilities shall
not be permitted without conditional use approval from the Borough
Council.
(c)
Design requirements:
[1]
WCF installations located above the surface grade in the public
ROW, including, but not limited to, those on streetlights and joint
utility poles, shall consist of equipment components that are no more
than six feet in height and that are compatible in scale and proportion
to the structures upon which they are mounted. All equipment shall
be the smallest and least visibly intrusive equipment feasible.
[2]
Antennas and all support equipment shall be treated to match
the supporting structure. WCFs and accompanying equipment shall be
painted, or otherwise coated, to be visually compatible with the support
structure upon which they are mounted.
(d)
Time, place and manner. The Borough shall determine the time,
place and manner of construction, maintenance, repair and/or removal
of all non-tower WCFs in the ROW based on public safety, traffic management,
physical burden on the ROW, and related considerations. For public
utilities, the time, place and manner requirements shall be consistent
with the police powers of the Borough and the requirements of the
Public Utility Code.
(e)
Equipment location. Non-tower WCFs and accessory equipment shall
be located so as not to cause any physical or visual obstruction to
pedestrian or vehicular traffic, or to otherwise create safety hazards
to pedestrians and/or motorists or to otherwise inconvenience public
use of the ROW as determined by the Borough. In addition:
[1]
In no case shall ground-mounted equipment, walls, or landscaping
be located within 18 inches of the face of the curb or within an easement
extending onto a privately owned lot.
[2]
Ground-mounted equipment that cannot be undergrounded shall
be screened, to the fullest extent possible, through the use of landscaping
or other decorative features to the satisfaction of the Borough.
[3]
Any graffiti on the WCF or accessory equipment shall be removed
at the sole expense of the owner within 10 business days of notice
of the existence of the graffiti.
[4]
Any proposed underground vault related to non-tower WCFs shall
be reviewed and approved by the Borough.
(f)
Relocation or removal of facilities. Within 60 days following
written notice from the Borough, or such longer period as the Borough
determines is reasonably necessary, or such shorter period in the
case of an emergency, an owner of a WCF in the ROW shall, at its own
expense, temporarily or permanently remove, relocate, change or alter
the position of any WCF when the Borough, consistent with its police
powers and applicable Public Utility Commission regulations, shall
have determined that such removal, relocation, change or alteration
is reasonably necessary under the following circumstances:
[1]
The construction, repair, maintenance or installation of any
Borough or other public improvement in the right-of-way;
[2]
The operations of the Borough 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 Borough.
(g)
Reservation of rights. In accordance with applicable law, the
Borough reserves the right to deny an application for the construction
or placement of any non-tower WCF for numerous factors, which include,
but are not limited to, visual impact, design, and safety standards.
(4)
General requirements for all tower-based wireless communications
facilities. The following regulations shall apply to all tower-based
wireless communications facilities in the Borough:
(a)
Standard of care. Any tower-based WCF shall be designed, constructed,
operated, maintained, repaired, modified and removed in strict compliance
with all current applicable technical, safety and safety-related codes,
including, but not limited to, the most-recent editions of the American
National Standards Institute (ANSI) Code, National Electrical Safety
Code, National Electrical Code, as well as the accepted and responsible
workmanlike industry practices of the National Association of Tower
Erectors. Any tower-based WCF shall at all times be kept and maintained
in good condition, order and repair by qualified maintenance and construction
personnel, so that the same shall not endanger the life of any person
or any property in the Borough.
(b)
Notice. Upon submission of an application for a tower-based
WCF, the applicant shall mail notice to all owners of every property
within 250 feet of the proposed facility. The applicant shall provide
proof of the notification to the Borough.
(c)
Conditional use authorization required. Tower-based WCFs are
permitted in certain zoning districts by conditional use and at a
height necessary to satisfy their function in the WCF applicant's
wireless communications system. No WCF applicant shall have the right
under these regulations to erect a tower to the maximum height specified
in this section unless it proves the necessity for such height. The
WCF applicant shall demonstrate that the antenna/tower/pole for the
tower-based WCF is the minimum height necessary for the service area.
[1]
Prior to Council's approval of a conditional use authorizing
the construction and installation of a tower-based WCF, it shall be
incumbent upon the WCF applicant for such conditional use approval
to prove to the reasonable satisfaction of the Board of Supervisors
that the WCF applicant cannot adequately extend or infill its communications
system by the use of equipment such as redoes, repeaters, antenna(s)
and other similar equipment installed on existing structures, such
as utility poles or their appurtenances and other available tall structures.
The WCF applicant shall further demonstrate that the proposed tower-based
WCF must be located where it is proposed in order to serve the WCF
applicant's service area and that no other viable alternative location
exists.
[2]
The conditional use application shall be accompanied by a propagation
study evidencing the need for the proposed tower or other communication
facilities and equipment, a description of the type and manufacturer
of the proposed transmission/radio equipment, the frequency range
(megahertz band) assigned to the WCF applicant, the power in watts
at which the WCF applicant transmits, and any relevant related tests
conducted by the WCF applicant in determining the need for the proposed
site and installation.
[3]
The conditional use application shall also be accompanied by
documentation demonstrating that the proposed tower-based WCF complies
with all state and federal laws and regulations concerning aviation
safety, where applicable.
[4]
Where the tower-based WCF is located on a property with another
principal use, the WCF applicant shall present documentation to Council
that the owner of the property has granted an easement for the proposed
WCF and that vehicular access will be provided to the facility.
[5]
The conditional use application shall also be accompanied by
documentation demonstrating that the proposed tower-based WCF complies
with all applicable provisions in this section.
(d)
Co-location and siting. An application for a new tower-based
WCF shall demonstrate that the wireless communications equipment planned
for the proposed tower-based WCF cannot be accommodated on an existing
or approved structure or building or on Borough property. The applicant
shall demonstrate that it contacted the owners of tall structures,
buildings, and towers within a one-fourth mile radius of the site
proposed, sought permission to install an antenna on those structures,
buildings, and towers and was denied for one of the following reasons:
[1]
The proposed antenna and related equipment would exceed the
structural capacity of the existing building, structure or tower,
and its reinforcement cannot be accomplished at a reasonable cost.
[2]
The proposed antenna and related equipment would cause radio
frequency interference with other existing equipment for that existing
building, structure, or tower, and the interference cannot be prevented
at a reasonable cost.
[3]
Such existing buildings, structures, or towers do not have adequate
location, space, access, or height to accommodate the proposed equipment
or to allow it to perform its intended function.
[4]
A commercially reasonable agreement could not be reached with
the owner of such building, structure, or tower.
(e)
Permit required for modifications. Any applicant proposing the
modification of an existing tower-based WCF, which increases the overall
height of such WCF, shall first obtain a zoning permit from the Borough
Zoning Office. Nonroutine modifications shall be prohibited without
a zoning permit.
(f)
Gap in coverage. An applicant for a tower-based WCF must demonstrate
that a significant gap in wireless coverage exists with respect to
all wireless operators in the applicable area and that the type of
WCF being proposed is the least-intrusive means by which to fill that
gap in wireless coverage. The existence or nonexistence of a gap in
wireless coverage shall be a factor in the Borough's decision on an
application for approval of tower-based WCFs.
(g)
Additional antennas. As a condition of approval for all tower-based
WCFs, the WCF applicant shall provide the Borough with a written commitment
that it will allow other service providers to co-locate antennas on
tower-based WCFs where technically and economically feasible. The
owner of a tower-based WCF shall not install any additional antennas
without obtaining the prior written approval of the Borough.
(h)
Wind. Any tower-based WCF structures shall be designed to withstand
the effects of wind according to the standard designed by the American
National Standards Institute as prepared by the engineering departments
of the Electronics Industry Association and Telecommunications Industry
Association (ANSI/EIA-222-E, as amended).
(i)
Siting. No tower-based WCF shall be sited or constructed within
1,500 feet of any other tower-based WCF in the Borough.
(j)
Height. Any tower-based WCF shall be designed at the minimum
functional height. All tower-based WCF applicants must submit documentation
to the Borough justifying the total height of the structure. The maximum
total height of any tower-based WCF which is not located in the public
ROW shall not exceed 100 feet, as measured vertically from the ground
level to the highest point on the structure, including antennas and
subsequent alterations. Equipment buildings, cabinets, and accessory
structures shall not exceed 15 feet in height.
(k)
Related equipment. A telecommunication equipment building, or
any other structure associated with a tower-based WCF, shall meet
the height and setback requirements for principal buildings in the
zoning district in which the building is located.
(l)
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.
(m)
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 Borough's
residents.
[3]
All maintenance activities shall utilize nothing less than the
best available technology for preventing failures and accidents.
(n)
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.
(o)
Historic buildings or districts. No tower-based WCF may be located
on a building or structure that is listed on either the National or
Pennsylvania Register of Historic Places, or eligible to be so listed,
or is included on the official historic structures and/or historic
districts list maintained by the Borough.
(p)
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. Absent controlling FAA or FCC regulations,
no additional signage shall be permitted on the tower-based WCF.
(q)
Lighting. No tower-based WCF shall 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 a detailed plan for sufficient lighting, demonstrating as
unobtrusive and inoffensive an effect as is permissible under state
and federal regulations.
(r)
Noise. Tower-based WCFs shall be operated and maintained so
as not to produce noise in excess of applicable noise standards under
state law and the Borough Code, except in emergency situations requiring
the use of a backup generator, where such noise standards may be exceeded
on a temporary basis only.
(s)
Aviation safety. Tower-based WCFs shall comply with all federal
and state laws and regulations concerning aviation safety.
(t)
Retention of experts. The Borough may hire any consultant(s) and/or expert(s) necessary to assist the Borough in reviewing and evaluating the application for approval of the tower-based WCF and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of this Subsection D. The applicant and/or owner of the WCF shall reimburse the Borough for all costs of the Borough's consultant(s) in providing expert evaluation and consultation in connection with these activities.
(u)
Timing of approval. Within 30 calendar days of the date that
an application for a tower-based WCF is filed with the Borough, the
Borough shall notify the applicant, in writing, of any information
that may be required to complete such application. All applications
for tower-based WCFs shall be acted upon within 150 days of the receipt
of a fully completed application for the approval of such tower-based
WCF, and the Borough shall advise the applicant, in writing, of its
decision. If additional information was requested by the Borough to
complete an application, the time required by the applicant to provide
the information shall not be counted toward the one-hundred-fifty-day
review period.
(v)
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 Subsection D.
(w)
Removal. In the event that use of a tower-based WCF is planned
to be discontinued, the owner shall provide written notice to the
Borough of its intent to discontinue use and the date when the use
shall be discontinued. Unused or abandoned WCFs or portions of WCFs
shall be removed as follows:
[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 Borough.
[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 Borough, the WCF and accessory facilities and
equipment may be removed by the Borough and the cost of removal assessed
against the owner of the WCF.
[3]
Any unused portions of tower-based WCFs, including antennas,
shall be removed within six months of the time of cessation of operations.
The Borough must approve all replacements of portions of a tower-based
WCF previously removed.
(x)
Permit fees. The Borough may assess appropriate and reasonable
permit fees directly related to the Borough's actual costs in reviewing
and processing the application for approval of a tower-based WCF,
as well as related inspection, monitoring and related costs.
(y)
FCC license. Each person that owns or operates a tower-based
WCF shall submit a copy of its current FCC license, including the
name, address, and emergency telephone number for the operator of
the facility.
(z)
Reservation of rights. In accordance with applicable law, the
Borough reserves the right to deny an application for the construction
or placement of any tower-based WCF for numerous factors, which include,
but are not limited to, visual impact, design, and safety standards.
(aa)
Insurance. Each person that owns or operates a tower-based WCF
greater than 40 feet in height shall provide the Borough with a certificate
of insurance evidencing general liability coverage in the minimum
amount of $5,000,000 per occurrence and property damage coverage in
the minimum amount of $5,000,000 per occurrence covering the tower-based
WCF. Each person that owns or operates a tower-based WCF 40 feet or
less in height shall provide the Borough with a certificate of insurance
evidencing general liability coverage in the minimum amount of $1,000,000
per occurrence and property damage coverage in the minimum amount
of $1,000,000 per occurrence covering each tower-based WCF.
(bb)
Indemnification. Each person that owns or operates a tower-based
WCF shall, at its sole cost and expense, indemnify, defend and hold
harmless the Borough, its elected and appointed officials, employees
and agents, at all times against any and all claims for personal injury,
including death, and property damage arising in whole or in part from,
caused by or connected with any act or omission of the person, its
officers, agents, employees or contractors arising out of, but not
limited to, the construction, installation, operation, maintenance
or removal of the tower-based WCF. Each person that owns or operates
a tower-based WCF shall defend any actions or proceedings against
the Borough in which it is claimed that personal injury, including
death, or property damage was caused by the construction, installation,
operation, maintenance or removal of a tower-based 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.
(cc)
Engineer signature. All plans and drawings for a tower and antenna
shall contain a seal and signature of a professional structural engineer
licensed in the Commonwealth of Pennsylvania.
(dd)
Financial security. Prior to receipt of a zoning permit for
the construction or placement of a tower-based WCF, the applicant
shall provide to the Borough financial security sufficient to guarantee
the removal of the tower-based WCF. Said financial security shall
remain in place until the tower-based WCF is removed.
(5)
Tower-based facilities outside the rights-of-way. In addition to the regulations enumerated in Subsection D(4), the following regulations shall apply to tower-based wireless communications facilities located outside the rights-of-way:
(a)
Development regulations:
[1]
Location. No tower-based WCF shall be located in an area in
which utilities are underground.
[a]
Tower-based WCFs greater than 40 feet in height
shall only be located in the R-1 Residential District. Such tower-based
WCFs shall not be located in, or within 75 feet of, any area in which
utilities are underground.
[2]
Site requirements. A tower-based WCF may be located as permitted in the district regulations, subject to all of the conditions listed in this Subsection D.
[3]
Sole use on a lot. A tower-based WCF shall not be permitted
as a sole use on a lot.
[4]
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 use, except residential, subject to the following conditions:
[a]
The existing use on the property may be any permitted
use in the applicable district and need not be affiliated with the
communications facility.
[b]
Minimum lot area. The minimum lot shall comply
with the requirements for the applicable district and shall be the
area needed to accommodate the tower-based WCF and guy wires, the
equipment building, security fence, and buffer planting if the proposed
WCF is greater than 40 feet in height.
(b)
Design regulations:
[1]
The WCF shall employ the most-current stealth technology available
in an effort to appropriately blend into the surrounding environment
and minimize aesthetic impact. The application of the stealth technology
chosen by the WCF applicant shall be subject to the approval of the
Borough.
[2]
Any height extensions to an existing tower-based WCF shall require
prior approval of the Borough.
[3]
Any proposed tower-based WCF shall be designed structurally,
electrically, and in all respects to accommodate both the WCF applicant's
antennas and comparable antennas for future users.
[4]
Any tower-based WCF over 40 feet in height shall be equipped
with an anti-climbing device, as approved by the manufacturer.
(c)
Surrounding environs:
[1]
The WCF applicant shall ensure that the existing vegetation,
trees and shrubs located within proximity to the WCF structure shall
be preserved to the maximum extent possible.
[2]
The WCF applicant shall submit a soil report to the Borough
complying with the standards of Appendix I: Geotechnical Investigations,
ANSI/EIA-222-E, as amended, to document and verify the design specifications
of the foundation of the tower-based WCF, and anchors for guy wires,
if used.
(d)
Fence/screen:
[1]
A security fence having a minimum height of six feet shall completely
surround any tower-based WCF greater than 40 feet in height, as well
as guy wires, or any building housing WCF equipment.
[2]
Landscaping shall be installed to screen and buffer the tower
and any ground-level features, such as an equipment building, from
adjacent properties and shall be subject to the approval of the Borough.
(e)
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 to blend into the environment in which they are situated
and shall meet the minimum setback requirements of the underlying
zoning district.
(f)
Access road. An access road, turnaround space and parking shall
be provided to ensure adequate emergency and service access to a tower-based
WCF. Maximum use of existing roads, whether public or private, shall
be made to the extent practicable. Road construction shall at all
times minimize ground disturbance and the cutting of vegetation. Road
grades shall closely follow natural contours to assure minimal visual
disturbance and minimize soil erosion. Where applicable, the WCF owner
shall present documentation to the Borough that the property owner
has granted an easement for the proposed facility.
(g)
Parking. For each tower-based WCF greater than 40 feet in height,
there shall be two off-street parking spaces, or one space per employee,
whichever is greater.
(h)
Inspection. The Borough reserves the right to inspect any tower-based WCF to ensure compliance with the provisions of this Subsection D and any other provisions found within the Borough Code or state or federal law. The Borough and/or its agents shall have the authority to enter the property upon which a WCF is located at any time, upon reasonable notice to the operator, to ensure such compliance.
(6)
Tower-based facilities in the rights-of-way. In addition to the regulations enumerated in Subsection D(4), the following shall apply to tower-based wireless communications facilities located in the rights-of-way:
(b)
Time, place and manner. The Borough shall determine the time,
place and manner of construction, maintenance, repair and/or removal
of all tower-based WCFs in the ROW based on public safety, traffic
management, physical burden on the ROW, and related considerations.
For public utilities, the time, place and manner requirements shall
be consistent with the police powers of the Borough and the requirements
of the Public Utility Code.
(c)
Equipment location. Tower-based WCFs and accessory equipment
shall be located so as not to cause any physical or visual obstruction
to pedestrian or vehicular traffic, or to otherwise create safety
hazards to pedestrians and/or motorists or to otherwise inconvenience
public use of the ROW as determined by the Borough. In addition:
[1]
In no case shall ground-mounted equipment, walls, or landscaping
be located within 18 inches of the face of the curb.
[2]
Ground-mounted equipment that cannot be undergrounded shall
be screened, to the fullest extent possible, through the use of landscaping
or other decorative features to the satisfaction of the Borough.
[3]
Required electrical meter cabinets shall the screened to blend
in with the surrounding area to the satisfaction of the Borough.
[4]
Any graffiti on the tower or on any accessory equipment shall
be removed at the sole expense of the owner within 10 business days
of notice of the existence of the graffiti.
[5]
Any underground vaults related to tower-based WCFs shall be
reviewed and approved by the Borough.
(d)
Design regulations.
[1]
The WCF shall employ the most-current stealth technology available
in an effort to appropriately blend into the surrounding environment
and minimize aesthetic impact. The application of the stealth technology
chosen by the WCF applicant shall be subject to the approval of the
Borough.
[2]
Tower-based WCFs in the public ROW shall not exceed 40 feet
in height.
[3]
Any height extensions to an existing tower-based WCF shall require
prior approval of the Borough and shall not increase the overall height
of the tower-based WCF to more than 40 feet.
[4]
Any proposed tower-based WCF shall be designed structurally,
electrically, and in all respects to accommodate both the WCF applicant's
antennas and comparable antennas for future users.
(e)
Relocation or removal of facilities. Within 60 days following
written notice from the Borough, or such longer period as the Borough
determines is reasonably necessary or such shorter period in the case
of an emergency, an owner of a tower-based WCF in the ROW shall, at
its own expense, temporarily or permanently remove, relocate, change
or alter the position of any WCF when the Borough, consistent with
its police powers and applicable Public Utility Commission regulations,
shall determine that such removal, relocation, change or alteration
is reasonably necessary under the following circumstances:
[1]
The construction, repair, maintenance or installation of any
Borough or other public improvement in the right-of-way;
[2]
The operations of the Borough 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 Borough.
(7)
Miscellaneous.
(a)
Police powers. The Borough, by granting any permit or taking any other action pursuant to this Subsection D, does not waive, reduce, lessen or impair the lawful police powers vested in the Borough under applicable federal, state and local laws and regulations.
(b)
Severability. If any section, subsection, sentence, clause, phrase or word of this Subsection D is for any reason held illegal or invalid by any court of competent jurisdiction, such provision shall be deemed a separate, distinct and independent provision, and such holding shall not render the remainder of this Subsection D invalid.
(8)
Small
cell wireless facilities review times and fees.
[Added 10-14-2019 by Ord. No. 461]
(a)
The following application review timeframes shall apply to small
cells in lieu of any other provisions herein to the contrary:
(b)
For applications for small cells, the following shall apply
in lieu of any other provisions herein to the contrary:
[1]
The following nonrefundable fees shall accompany the application:
[a]
Small cells: $500 for a single up-front application
that includes up to five small wireless facilities, with an additional
$100 for each small wireless facility beyond five, or $1,000 for a
new tower intended to support one or more small wireless facilities,
said fees to cover both zoning and building safety code approvals.
E.
Fences.
[Added 7-9-2018 by Ord.
No. 457]
(1)
Permit required. A fence installation permit shall be obtained from
the Borough prior to the start of construction. To obtain a permit
an applicant shall submit the following for the Borough's review:
(a)
A completed building permit and zoning application.
(b)
Permit fee as set forth in the Borough's fee schedule as adopted
by resolution.
(c)
Drawing(s) showing, at a minimum, the following features, drawn
to scale, with dimensions where appropriate:
[1]
Proposed location of the fence.
[2]
Survey plan of property with all property lines and political
boundaries.
[3]
Right-of-way of Borough road(s).
[4]
All utility rights-of-way on the applicant's property or on
the road rights-of-way bordering the applicant's property.
[5]
Storm sewers.
[6]
Utility poles.
[7]
Fire hydrants.
[8]
Utility valve boxes.
[9]
Catch basins.
[10]
Manholes.
[11]
Storm sewer inlets and outlets.
[12]
Traffic structures (guard rail, traffic signs,
curbs . . .).
(2)
Location requirements. Fence location shall meet the following criteria:
(a)
Fencing placed in the front yard, as defined in § 225-67 of the Bradford Woods Zoning Ordinance, shall be in accordance with the following requirements:
(b)
Fencing placed in the side or rear yard, as defined in § 225-67 of the Bradford Woods Zoning Ordinance, shall be in accordance with the following:
[1]
Unless otherwise stated, the maximum permitted height of fencing
shall be six feet.
[2]
A fence of no more than 10 feet in height shall be allowed to
enclose a private or public tennis court, or basketball or sports
courts, provided that the fence is not more than 60% solid.
[3]
A fence of no more than 10 feet in height shall be allowed to
enclose a school, playground or park, provided that the fence is not
more than 60% solid.
[4]
A fence may be increased to eight feet in height when the installation
of the fence is intended to restrict deer from a property. However,
the top two feet of any such fence shall be no more than 60% solid.
[5]
The fence shall be installed so the finished side is visible
from the outside of the property; all bracing shall be on the inside
of the fence.
[6]
For fences higher than four feet from grade, the fence shall
be located no closer than two times the height of the fence from the
cartway (e.g., a four-foot-high fence cannot be closer than eight
feet to the edge of the cartway).
(c)
The applicant is responsible for establishing the location of
the property line. The property owner is responsible for maintenance
of homeowner's property on both sides of the fence.
(e)
Fence location shall not in any way interfere with reasonable
access to storm sewers, utility poles, fire hydrants, utility valve
boxes, catch basins, manholes, storm sewer inlets/outlets, and traffic
structures. Determination of reasonable access shall be at the discretion
of Borough Manager or Code Enforcement Officer.
(f)
Fences shall not be located within the right-of-way of any public
or private street.
(h)
Fences that are electrically charged in any manner or that have
barbed, concertina or razor wire in or on them shall be prohibited.
No sign shall be permitted in any district except
as herein provided:
A.
Permit. No sign, except a temporary sign in accordance with Subsection G or H, shall herein be erected or altered in any way unless a sign permit has been issued by the Zoning Officer. Application for sign permits shall include detailed drawings of the construction and the design of the sign, and shall be accompanied by such fee as may be required by resolution of the Council.
B.
Placement. In no event shall any sign be placed in
a position that will obstruct the view of motorists or cause any other
danger to motorists or pedestrians within a public right-of-way or
on adjoining lots. Nor shall any sign be placed within the clear sight
triangle required to be maintained at all street intersections, driveway
and access way entrances onto public streets. All signs shall be set
back within the buildable area of the site.
C.
Animation. No sign shall move, flash or emit noise.
D.
Nuisance. No sign shall be constructed, located or
illuminated in any manner which causes undue glare, distraction, confusion,
nuisance or hazard to traffic, aircraft, or other properties.
E.
Name plate sign. One name plate sign, not exceeding
two square feet in surface area and not illuminated, is permitted
which announces the name and/or address of occupant.
F.
Bulletin board. One bulletin board, not illuminated
except by indirect light and not exceeding 12 square feet in surface
area, is permitted in connection with any public structure.
G.
Temporary real estate sign. One temporary real estate
sign is permitted on any property being sold, leased or developed
provided it is not illuminated, not less than 15 feet from the curb
or edge of paved street, not in any required side or rear yard, and
is no larger in surface area than six square feet.
H.
Other temporary event signs. Such signs must conform
to the following requirements:
[Amended 8-8-2011 by Ord. No. 433]
(1)
Other temporary event signs shall not exceed three
square feet in surface area.
(2)
Other temporary event signs shall be displayed for
no more than 30 days prior to and removed no more than seven days
following the event promoted by the sign.
(3)
Other temporary event signs may not be erected without
the permission of the owners of the property on which the signs are
to be displayed.
I.
Rural businesses and conditional uses: limited to
one sign no larger than 12 square feet and attached to the building.
J.
Campaign signs.
(1)
A “campaign sign" is a temporary sign which
announces or advocates any candidate for political office or a ballot
question, provided that any such sign does not exceed three square
feet in area.
(2)
Campaign signs may be erected not earlier than four
weeks immediately preceding a primary or general election to which
they relate provided that permission is granted by the owners of the
property on which signs are to be displayed and all such signs shall
be removed within 10 days, or in accordance with any other state or
municipal law, whichever is sooner, after the date of the primary
or general election to which such signs related.
K.
Public buildings and public spaces. Limited to one
sign no larger than 12 square feet per side (where applicable) which
can be attached to a building or freestanding. If freestanding, must
be located a minimum of 50 feet from the center line of the road.
[Added 7-14-2008 by Ord. No. 418; amended 8-8-2011 by Ord. No.
433]
Off-street parking spaces shall be placed in
accordance with the specifications in this section in any district
whenever any new use is established, or as to the new portion, whenever
any existing use is enlarged.
A.
General requirements.
(1)
No off-street parking space shall have an area less
than 20 feet by 10 feet exclusive of access drives.
(2)
Any off-street parking lot for more than five vehicles
shall be graded for proper drainage. The surfacing material of off-street
parking shall be asphalt, stone, brick, concrete or any other material
as approved by Borough Council.
[Amended 10-13-2003 by Ord. No. 386]
(3)
Any lighting used to illuminate any off-street parking
lot shall be so arranged as to reflect the light away from adjoining
premises and allow no glare to spill over the property line to adjacent
parcels.
(4)
Parking of vehicles in a yard closer to the street
than the front of a building on the lot or in a yard between the principal
building and the side lot line of the lot is prohibited except on
a driveway or parking lot.
(5)
Recreational vehicles, utility trailers, watercraft and watercraft trailers may be parked on owner's private property as long as the vehicle complies with Chapter 214, Vehicles, Abandoned or Junked. In addition, the vehicle must be parked so as not to restrict visibility of traffic using any adjacent public street.
[Amended 10-13-2003 by Ord. No. 386]
(6)
Under no circumstances are commercially licensed vehicles,
having more than two axles, or in excess of one ton load capacity,
permitted to be parked on residential lots except during the specific
period of time when a service is being performed or provided.
(7)
No recreational vehicle shall be used for purpose
of habitation while parked on an owner's property.
[Added 10-13-2003 by Ord. No. 386]
B.
Number of spaces required.
|
Use
|
Minimum Number
of Parking Spaces Required
| |
|---|---|---|
|
Dwelling units
|
2 for each dwelling unit exclusive of garages
| |
|
Church, school, public buildings
|
1 for every 4 seats in the largest room
| |
|
Child-care center
|
1 for every 400 square feet of gross
floor area
| |
|
Rural stores and offices
|
1 for every 200 square feet of gross floor area
| |
|
Home occupation
|
1 additional off-street parking space
|
All uses shall comply with the requirements
of this section. Compliance shall be determined by the Zoning Officer
with respect to permitted uses, the Zoning Hearing Board with respect
to special exceptions, and by the Borough Council with respect to
conditional uses. In order to determine whether a proposed use will
conform to the requirements of this chapter, the Borough may obtain
a qualified consultant's report whose cost for services shall be borne
by the applicant.
A.
Fire protection. Fire-prevention and -fighting equipment
acceptable to the Allegheny County Fire Marshal shall be readily available
when any activity involving the handling of storage or flammable or
explosive material is carried on.
B.
Electrical disturbances. No activity shall cause electrical
disturbances adversely affecting radio or other equipment in the vicinity.
C.
Noise. Noise which is determined to be objectionable
because of volume, frequency, or beat shall be muffled or otherwise
controlled, except that fire sirens and related apparatus used solely
for public purposes shall be exempt from this requirement.
D.
Vibrations. Vibrations detectable without instruments
on neighboring property in any district shall be prohibited.
E.
Odors. No malodorous gas or matter shall be permitted
which is discernible on any adjoining lot or property.
F.
Air pollution. No pollution of air by fly ash, dust,
smoke, vapors, or other substance shall be permitted which is harmful
to health, animals, vegetation or other property. Allegheny County
air standards shall apply.
G.
Glare. No lighting devices which produce objectionable
direct or reflected glare on adjoining properties or thoroughfares
shall be permitted.
H.
Erosion. No erosion by wind or water shall be permitted
which will carry objectionable substances onto neighboring properties.
I.
Water pollution. Water pollution shall be subject
to the standards established by the Pennsylvania Department of Environmental
Protection.
J.
Roof drainage. New or remodeled buildings shall not
direct roof gutter runoff into streets or onto neighboring property.
K.
Storage. No outside storage of materials, even temporarily,
is permitted within the Borough.
In addition to the goals set forth in the statement
of general objectives, the establishment and regulation of park standards
with respect to use, density, bulk, parking and similar provisions
are intended to achieve the following goals: provide sufficient open
space and recreational areas to meet the needs of, and otherwise enhance
the quality of living for, residents of the Borough.
A.
Specific purpose. The park standards are designated
to provide for the maintenance and protection of natural public open
space areas. All uses in this area should be absolutely supportive
of and in harmony with the conservation of the natural environment.
C.
Area regulations: Any use in the park area shall comply
with area regulations of district which abuts.
D.
Off-street parking standards and requirements: as
required by this chapter.
E.
Site plan approval: as required by this chapter.
F.
Open and closed times: dawn till dusk, unless by permit.
[Amended 2-14-2005 by Ord. No. 395]
G.
No bicycles permitted in park unless at designated
parking area at entrance.
[Added 10-13-2003 by Ord. No. 386; amended 2-9-2009 by Ord. No. 423]
Council shall not approve any street opening application unless the applicant agrees to abide by the Borough of Bradford Woods Construction Standards, latest edition, which are incorporated by reference.[2] Applicants desiring to open a Borough street must post
a bond in an amount of 110% of the construction costs including restoration
of all disturbed areas in kind.
[2]
Editor's Note: The Borough of Bradford Woods Construction Standards are included at the end of Chapter 194, Streets and Sidewalks.
