The minimum lot, yard and height requirements of Article IV shall prevail in all cases, except as follows.
A.
In any one where a nonconforming lot exists as a separate
entity at the time of passage of the original Zoning Chapter adopted
February 5, 1963, or subsequent amendments thereto, and where the
owner of the nonconforming lot does not own an adjoining lot, the
following development is permitted:
(1)
If the lot is located in the R-1, R-2 or R-3 District,
a single-family dwelling may be constructed on it as a permitted use,
provided that the lot has a lot width of 40 feet and is in at least
sixty-percent compliance with each of the following requirements for
the single-family dwelling, as specified in the district in which
the lot is located: rear yard, side yard and maximum building coverage.
(2)
The following requirements shall be met before the
issuance of a permit:
(a)
Two off-street parking spaces shall be provided.
Such parking shall not be in the front yard.
(b)
Copies of deeds shall be provided by the applicant,
from a period of February 5, 1963, to the present, of all abutting
properties.
(c)
The applicant shall detail all past and present
uses of the lot.
(3)
If the lot is located in any remaining district, then
a structure may be constructed, but not exceeding the maximum height
for a use permitted in the district in which it is located, as shown
on the bulk regulations chart,[1] provided that the off-street parking and loading requirements
of this chapter shall be complied with and that the front, side and
rear yards are in keeping with the surrounding area.
[1]
Editor's Note: The Table of Bulk Regulations is included as an attachment to this chapter.
B.
All such development shall be first reviewed by the
Planning Commission and approved by the Zoning Hearing Board prior
to the issuance of a permit.
[Amended 5-19-2015 by Ord. No. 1299, approved 5-19-2015]
A.
In all I-M, I-U, I-UA, I-E, C-1, C-1A, C-2, S-1 and OM-1 Districts,
expansion or enlargement of existing residential structures is permitted
if the area requirements of the R-2 Zoning District are met.
B.
All lawful uses of land or of a building or other structure existing
on the effective date of this chapter may be continued, altered, reconstructed,
changed, sold or maintained even though such use may not conform to
the use, height, area, yard and other regulations of the district
in which it is located, subject to the following:
(1)
The owner of said nonconforming use or structure has obtained a certificate of nonconformance in accordance with the procedures set forth in § 157-16A of this chapter.
(2)
When a nonconforming use of a structure, and/or premises in combination,
is discontinued or abandoned for 12 consecutive months (except when
death, involuntary or government action impedes access to or use of
the premises), the structure, and/or premises in combination, shall
not thereafter be used except in conformity with the regulations of
the district in which such is located.
(3)
If less than 50% of the floor area of any such nonconforming use
is damaged, it may be restored or reconstructed within a period of
12 months of the date of the damage.
C.
A nonconforming use may be enlarged when authorized as a special
exception subject to the following conditions and safeguards as may
be imposed by the Zoning Hearing Board in accord with the provisions
of this chapter:
D.
A nonconforming use may, as a special exception, be changed to another
nonconforming use, provided that the Zoning Hearing Board, either
by general rule or by making findings in the specific case, shall
find that the proposed use is equally appropriate or more appropriate
to the zoning district than the existing nonconforming use. In permitting
such change, the Zoning Hearing Board may require appropriate conditions
and safeguards.
Where a lawful structure exists on the effective
date of the Zoning Chapter or subsequent amendments that could not
be built under the terms of the Zoning Chapter by reason of restrictions
on area, lot coverage, height or yards, it may be continued as long
as it remains otherwise lawful, subject to the following provisions:
A.
In any residential district where a structure is nonconforming
because it does not fulfill the yard requirements of the district
in which it is located, it may be enlarged, provided that the addition
is extended along the existing building line. Such extension shall
not be permitted to encroach any further into the yards than as currently
nonconforming nor cause a nonconformity.
B.
In no case shall any addition be larger than 25% of
the gross floor area of the existing building.
C.
A nonconforming structure which is damaged by fire,
explosion or act of God may be rebuilt and used for the same purposes,
provided that the reconstruction of the building is commenced within
one year from the date of the destruction of the building and is carried
out to completion without undue delay. In no case shall the reconstructed
structure be larger than the one existing at the time of destruction.
[1]
Editor's Note: Former § 157-44,
Amortization of nonconforming signs, was repealed 12-16-1997 by Ord.
No. 1066, approved 12-16-1997.
When an unimproved lot is situated between two
improved lots, each having a principal building within 20 feet of
the side lot line of the unimproved lot, the front yard may be reduced
to a depth equal to that of the greater front yard of the two adjoining
lots; provided, however, that it may not be reduced to below 10 feet.
When an unimproved corner lot is situated adjacent
to two improved lots, then the front and side yards of the corner
lot which abut the street right-of-way may be reduced to a depth equal
to the respective front yards of the adjoining lots; provided, however,
that each yard may not be reduced to below 10 feet.
Projections into required yards shall be permitted
as follows. In residential districts, in no case shall a structure
or projection, except for patios, be located closer than four feet
to any side or rear lot line or 15 feet to any front lot line.
A.
Bay windows, carports, decks, fireplaces, fire escapes,
chimneys, uncovered stairs and landings, balconies and cornices, canopies,
marquees, eaves or other architectural supports may project into the
required side, front or rear yard not more than a total of three feet,
unless the feature is a same-size replacement for a preexisting condition
which has become unsafe or unsightly.
B.
Patios may be located in the required side and rear
yards not closer than three feet to any adjacent property line and
may project into front yards not closer than 15 feet to the street
right-of-way line.
District height limitations shall not apply to church spires, cupolas and domes, monuments, water towers, chimneys, smokestacks, silos, flagpoles, radio and television towers, masts and aerials, and parapet walls extending not more than four feet above the limiting height of the building, except as otherwise provided in Article VII, Airport Overlay District.
Except as otherwise authorized in this code,
the erection of more than one permitted principal building or use
on a single lot is allowed, provided that each building meets the
setback requirements and lot width, lot depth and lot area requirements
as if it were on a separate lot in that district.
Where a single lot under individual ownership
extends from one street to another parallel or nearly parallel street
or alley, the Planning Commission shall decide which street will be
considered as the front street. No principal structure shall be erected
on the rear of the lot, except as otherwise permitted in this chapter.
Individual lots, existing at the effective date
of this chapter, fronting on an alley shall comply with all the requirements
of this chapter and the district in which said lots are located.
No obstruction to vision (other than an existing
building, post, column or tree) exceeding 30 inches in height shall
be erected or maintained on any lot within the triangle formed by
the street intersection, created by the right-of-way line of each
street extended to a point and a line drawn between two points each
located 30 feet from the street intersection. All plant materials
shall be kept trimmed to ensure uninterrupted vision for motor vehicle
traffic.
All accessory structures shall conform to the minimum yard regulations established in Article IV, except as permitted below.
A.
Unattached structures accessory to residential buildings.
Structures accessory to residential buildings which are not attached
to a principal structure may be erected within the required side and
rear yards of a principal structure, provided that they conform to
the following:
(1)
Maximum height: 1 1/2 stories or 15 feet in height.
(2)
Distance from side lot line: not less than four feet
from the side lot line, except in the case of corner lots where the
full side yard as specified in the Table of Bulk Regulations shall
be maintained.[1]
[1]
Editor's Note: The Table of Bulk Regulations is included at the end of this chapter.
(3)
Distance from rear lot line: not less than four feet
from the rear lot line.
(4)
Distance from principal structure: not less than 10
feet from a principal structure.
B.
Unattached structures accessory to nonresidential
buildings. Such accessory structures shall comply with front and side
yard requirements for the principal structure and shall have a minimum
rear yard of at least 10 feet The maximum height of such structures
shall be 1 1/2 stories or 15 feet.
C.
Fences and walls. Unless specifically noted, the provisions
of this chapter shall not apply to fences, terraces or walls less
than six feet in height above the average natural grade nor to terraces,
steps or other similar features not over three feet high above the
level of the floor of the ground story. Fences and walls higher than
six feet above the average natural grade will be considered accessory
structures.
D.
Pet enclosures. Enclosures used for household pets
are to be in the rear yard areas only and not closer than three feet
to a property line.
Home gardening and accessory structures used
for nurseries or as greenhouses are permitted in residential areas,
provided that they are used by the residents for noncommercial purposes,
and provided further that they shall not include the outdoor storage
of equipment and supplies.
B.
A single private outdoor swimming pool per dwelling
unit is permitted as an accessory use to a residential structure,
provided that such swimming pool is for the private use of the residents
of the dwelling unit or for their guests, and provided that the edge
of the pool is not located closer than 10 feet to any property line
and that a four-foot-high fence shall completely surround the area
of all pools.
C.
Permits shall be required for permanent pools capable
of holding two or more feet of water.
A.
Institutional University District. All outdoor recreational
facilities are permitted in the Institutional University District,
provided that they do not cause more than 65 dB of sound level between
9:00 p.m. and 7:00 a.m. at the property boundary of any residential
lot.
B.
Residential districts.
C.
Commercial districts. In all C-1 and C-2 Districts,
outdoor recreational facilities are permitted by special exception.
Outdoor recreational facilities are not permitted in the C1-A District.
Such facilities shall include but are not limited to tennis courts,
skateboard ramps, ice skating rinks, miniature golf and other golf
courses.
A.
General provisions. The purpose of this section is
to permit pedestrian skywalks in the I-M, I-U and C-1A Districts as
a conditional use where, in the opinion of the Council of the Borough
of East Stroudsburg, pedestrian skywalks are necessary to segregate
pedestrians from vehicular traffic thereby improving the flow of both
people and automobiles.
B.
Design standards. The following general standards
shall be applied to any proposed skywalk construction:
(1)
Pedestrian skywalks shall be designed so to be architecturally
integrated with existing and proposed structures.
(2)
Skywalks shall be a minimum of 14 feet above finished
grade at all points.
(3)
All skywalks shall be lighted to aid in the safety of pedestrian movement and to discourage vandalism or acts of violence. Lighting shall comply with § 157-88.1.
(4)
All skywalks shall be completely enclosed with glass
and/ or other acceptable materials to be approved by the Borough Council.
A.
General provisions. The purpose of this section is
to permit parking structures in the I-M, I-U, C-1, C-1A and C-2 Districts
as a permitted use.
B.
General design criteria.
(1)
The parking structure exterior shall be harmonious
with surrounding buildings and integral with the treatment of the
buildings they are built to serve.
(2)
The location of parking structure entrances and exits
must be planned so as to have the least impact on residential streets
and busy intersections.
(3)
Facade length and height must be limited so as not
to create large blank walls without the benefit of architectural relief
and landscaping.
(4)
Setbacks must be consistent with what is required
for the district within which it is located.
(5)
Interfloor travel system. Interfloor travel systems
shall be designed to provide for the maximum ease of circulation within
the structure and to create a minimum dump-time at peak hours.
(6)
Interior garage signage. Directional and informational
signs shall be placed so as to direct motorists to parking spaces
and exits and should inform the driver of one-way aisles and ramps.
They shall also direct pedestrians to exits, stairs and elevators.
(7)
Exterior garage signage. Directional signs for entrances
and exits shall be posted as needed; however, no such signage shall
be larger than 12 square feet in size.
(8)
Lighting within the garage is necessary to aid in
the safety of movement and to discourage vandalism or acts of violence.
The table below presents minimum and desirable lighting standards
for garages. A high light level is needed at the entrance where a
driver proceeds from bright sunshine into the garage.
|
Area
|
Minimum Light Intensity
(footcandles)
| |
|---|---|---|
|
Entrance
|
50-80
| |
|
Driving aisles
|
8-10
| |
|
Over parked vehicles
|
3-5
| |
(9)
Setback requirements. Bulk, area and setback requirements
shall conform to the requirements of the district within which the
structure is proposed; with the exception that shared parking structures
by institutional uses may have a zero side yard setback on the shared
common side only in any I-M or I-U Zoning District.
[Amended 1-20-2004 by Ord. No. 1145, approved 1-20-2004]
(10)
Landscaping. A planting shall be provided along
all property lines where street rights-of-way abut the parking structure.
The minimum landscaping strip shall be eight feet wide, to be planted
with shade trees and low shrubs. Provide a minimum of one shade tree
per every 40 feet of lot frontage. Additional shade trees may be necessary
to effectively shade/screen the parking structure.
A.
Nonilluminating, nonanimated and nonadvertising signs
are permitted in R-1, R-2 and R-3 Districts in accordance with the
requirements set forth in the following table:
|
Sign regulations for Residential Noncommercial
and Nonindustrial Districts
| |
|---|---|
|
Type of Sign
|
Maximum Area
(square feet)
|
|
Nameplates and identification signs
|
1.5
|
|
Sale, rental or temporary signs
|
4
|
|
Signs accessory to nondwelling uses or activities
|
6
|
|
Directional or safety signs
|
6
|
|
Public emergency services
[Added 1-20-2004 by Ord. No. 1145, approved 1-20-2004] |
.5 per foot of lot frontage
|
B.
No such sign shall be higher than 10 feet.
C.
The number of signs shall be restricted to one sign
on each street which the property abuts for each dwelling unit, entrance,
exit or building to which it pertains.
D.
Zoning permits are required for signs proposed in
the residential districts.
E.
Freestanding signs that advertise a name other than
the occupant's are prohibited.
[Amended 5-17-1994 by Ord. No. 1013,
approved 5-17-1994]
Nonflashing and nonanimated business signs are
permitted in all Commercial and Industrial Districts (C-1, C-1A, C-2,
S-1, INST and M-1) in accordance with the following:
A.
Area of signs. In no case shall any single sign or
sign structure exceed 300 square feet in area and no principal establishment
contain more than one freestanding sign for the purpose of advertisement.
A wraparound sign, including a lighted strip which may serve to identify
a particular use, is permissible and considered to be one sign, not
to include safety or directional signs which are not used for identification
purposes. Flashing and animated signs of any size are not permitted.
The maximum gross area of all signs located on any property shall
be in accordance with the requirements set forth in the following
table:
|
Sign Regulations for Commercial and Industrial
Districts
| |
|---|---|
|
District
|
Maximum Gross Surface Area of all Signs1 Per Foot of Lot Frontage
(square feet)
|
|
C-1
|
2
|
|
C-1A
|
2
|
|
C-2
|
2
|
|
S-1
|
2
|
|
M-1
|
2
|
|
INST-M, INST-U and INST-UA
|
2
|
|
NOTES:
1Signs located on
one or more faces of a single sign structure shall be counted separately.
|
B.
Height of signs. No sign may be higher than 30 feet
above the ground.
C.
Multiple frontage. Where an occupancy is on a corner
or has more than one right-of-way frontage, one additional sign per
frontage will be allowed, provided that it does not exceed the maximum
gross surface area of all signs as specified in the chart above.
D.
A frame signs shall be prohibited.
E.
All signs are prohibited from changing their face
more often than twice in 24 hours.
[Added 10-5-1999 by Ord. No. 1092,
approved 10-5-1999]
A.
The following provisions shall apply to shopping center
freestanding signs, notwithstanding the district in which located:
(1)
One freestanding sign shall be permitted for each
entrance to the shopping center, but in no case shall more than two
freestanding signs be permitted per shopping center.
(2)
The maximum area of any one freestanding sign shall
be 300 square feet. A double-faced sign shall be counted as two signs.
(3)
The maximum height of any freestanding sign shall
be 30 feet.
The following provisions shall apply to the
Central Business District:
A.
Purpose. The regulations in this section are intended
to coordinate the use, placement, physical dimensions and design of
all signs within the Central Business District (C-1A).
B.
Prohibited signs shall be signs of any kind, except
building fascia or window signs. These signs may be illuminated or
nonilluminated.
[Amended 8-25-1994 by Ord. No. 1016,
approved 8-25-1994]
C.
General design standards. Signs shall not conceal
any of the building's ornamental or architectural features.
A.
Temporary signs which are to be erected for a special event or purpose
legally permissible in the Borough are permitted in all districts
subject to the following:
[Amended 6-18-2019 by Ord. No. 1339, approved 6-18-2019]
(1)
Signs which refer to any single temporary event or purpose which
do not exceed two in number or seven square feet in area and which
are not to be located in any public right-of-way shall not require
any zoning permit, provided that such signs shall be removed by the
property owner within one day after the circumstances leading to their
erection no longer apply.
(2)
Signs of any size, exceeding two in number, which refer to any single
temporary event or purpose or signs which are to be located in any
public right-of-way shall require a zoning permit and the deposit
of a bond to insure the removal of said signs by the applicant within
seven days after the circumstances leading to their erection no longer
exist. The bond, payable by cash or certified check, shall equal $20
plus $0.20 for each sign to be erected. The temporary sign permit
fee for a temporary sign permit shall be established by resolution
of the Borough Council.
B.
Political signs, including posters, may not be erected
more than two weeks prior to election day and shall be removed within
24 hours following election day. The fee for political signs shall
be $25.
[1]
Editor's Note: Zoning permit required.
The following regulations shall apply to all
permitted sign uses:
A.
Location.
(1)
The main supporting structure of all freestanding
business signs and freestanding signs permitted in residential or
other districts shall not be located closer than three feet to any
property line, except for official traffic signs or other governmental
signs.
(2)
Signs attached to any structure shall be attached
flat against the structure and shall not hang, suspend or project
outward from the wall to which they are attached.
(3)
Signs shall not be located in any public right-of-way,
except when such signs are required in connection with the provision
of essential services or when such signs are permitted as temporary
signs as provided for in this chapter.
B.
Illuminated signs. Illuminated signs shall not cause
any excessive glare or electrical or other disturbance which shall
be incompatible with the nature of the adjoining neighborhood in which
they are located. However, in no case shall flashing signs or lights
be permitted in the windows of commercial establishments.
C.
Attachment. All signs shall be constructed and securely
fastened in a manner which will prevent their displacement by the
elements.
D.
Access to buildings. No sign shall be erected or maintained
so as to prevent free ingress or egress from any door, window or fire
escape or so as to prevent free access from one part of a roof to
any other part. No sign of any kind shall be attached to a standpipe
or fire escape.
E.
Zoning permit. A zoning permit shall be required for
the erection or alteration of any sign, except nameplates, identification
signs, home occupation signs, sale or rental signs or as otherwise
provided in this chapter.
F.
Replacement of hanging or suspended signs. No existing
hanging or suspended sign may be reconstructed or replaced.
G.
Traffic or visual obstruction. No sign shall be erected
at the intersection of streets so as to obstruct free and clear vision,
and if located within the direct line of vision of any traffic control
sign or signal, it shall not have flashing or intermittent lighting
or red, green or amber illumination.
H.
Real estate signs. Real estate or construction signs, as defined in § 157-30, shall not be larger than nine square feet in size. These signs are limited to on-premises only. There shall be no fees associated with real estate or construction signs.
I.
Flags and banners. The use of flags and banners for
temporary advertising purposes requires a zoning permit. No flag or
banner sign shall be in place longer than 14 days.
J.
Signs for public recreation trails and public parks. The following
additional signs shall be allowed in all zoning districts, provided
that the signs are not directly or internally illuminated and provided
that the total height of a sign does not exceed 10 feet:
[Added 2-5-2013 by Ord. No. 1264, approved 2-5-2013]
(1)
A sign serving a public recreation trail or publicly -owned park
shall be allowed at up to two entrances from a public street, with
such sign having a maximum sign area of 42 square feet on each of
two sides. Identification signs with a maximum sign area of six square
feet each shall be allowed at pedestrian and bicycle entrances to
a public recreation trail. A maximum of 20% of such sign area may
include the name and/or logo of a sponsor of the facility.
(2)
If a sign that is accessory to a public recreation trail or a publicly
-owned park is not readable from any street or property line, it shall
not be regulated by this chapter and shall not need a sign or zoning
permit or a permit fee.
(3)
Signs within a publicly-owned park or adjacent to a public recreation
trail that are necessary to warn motorists and trail users of possible
safety hazards and regulatory and warning signs shall be allowed in
all districts and shall not need a sign permit or a permit fee.
K.
Park and trail signs within public street rights-of-way. Signs that
serve or direct persons to public parks and recreational trails that
are placed in the right-of-way of a public street are allowed with
the permission of the Borough Manager or his/her designee. Such signs
shall be intended primarily to direct persons to public parks or recreational
trails, to identify the name of public parks or trails, or for related
safety, public information or warning purposes. Such signs shall not
be regulated by this Zoning Ordinance and shall not need a zoning
permit. Note: Approval may still be needed from PennDOT along a state-owned
street.
[Added 2-5-2013 by Ord. No. 1264, approved 2-5-2013]
An off-premises sign is a sign structure advertising
or drawing attention to an establishment, merchandise, service or
entertainment which is not sold, produced, manufactured or furnished
at the property on which said sign is located, e.g., billboards or
outdoor advertising. Off-premises signs are permitted in the S-1 Zone
by special exception, subject to the following controls and any other
safeguards the Zoning Hearing Board may require:
A.
In no case shall any off-premises sign exceed 300
square feet in area and 30 feet in height, measured from the lowest
ground elevation of the support or sign base.
B.
All off-premises signs shall have self-supporting
structures erected on or permanently attached to concrete foundations.
C.
All off-premises signs shall be located in such a
way as to maintain horizontal and vertical clearance of all overhead
electrical conductors in accordance with the Borough's Electrical
Code specifications, depending on voltages concerned. However, in
no case shall a sign be installed closer than 36 inches horizontally
or vertically to any conductor or public utility guy wire.
D.
A zoning permit shall be required for each new sign
face to be installed on a sign or any new sign planned to be erected
in order to determine compliance with the off-premises sign requirements.
An application for review shall be submitted to the Zoning Officer
and approved as to its design prior to any change in the appearance
of the sign.
[Added 6-1-1999 by Ord. No. 1087,
approved 6-1-1999]
E.
No off-premises sign shall be closer than 2,000 feet
to another.
[Added 6-1-1999 by Ord. No. 1087,
approved 6-1-1999]
F.
An off-premises advertising sign shall be the only
principal use on a conforming lot. The sign shall have only one face
not larger than 300 square feet.
[Added 6-1-1999 by Ord. No. 1087,
approved 6-1-1999]
G.
All off-premises signs shall be maintained in a safe
manner.
[Added 6-1-1999 by Ord. No. 1087,
approved 6-1-1999]
H.
The following mandatory design requirements shall
be met by the applicant for an off-premises sign:
[Added 6-1-1999 by Ord. No. 1087,
approved 6-1-1999]
(1)
No animated signs shall be permitted. This would include
any parts that would cause the effect of movement.
(2)
Only two-dimensional signs with a single face are
allowed.
(3)
Signs shall contain no parts that are holographic
or be able to produce any holographic image.
(4)
Signs shall have no protruding elements.
(5)
There shall be no other activity associated with a
sign such as broadcasting, etc.
(6)
There shall be no reflective material or devices installed
on a sign. There shall be no glare from or other lighting with the
sign that will adversely affect passing traffic.
A.
General provisions. In all districts except the Central Business
District (C-1A), off-street parking spaces shall be provided as set
forth in this section whenever any building is erected, altered, enlarged,
rehabilitated, removed and/or replaced or converted from residential
to commercial or institutional usage. Such enlargement includes the
addition of a dwelling to the existing structure.
[Amended 10-15-1991 by Ord. No. 960, approved 10-15-1991]
(1)
All new, conversions of and additions to buildings
other than single- and two-family homes shall provide accessibility
and usability for physically handicapped people in accordance with
American National Standard A117.1-1986. Further, handicapped parking
shall be provided at a ratio of one space for each 20 off-street parking
spaces that are required.
(2)
In the Central Business District, parking shall not
be required for any commercial use. However, parking shall be required
for residential uses at the rate of 1.5 spaces per unit. Parking design
standards specified in this section are mandatory.
(3)
A certificate of occupancy for any new use, structure
or premises shall not be issued until all of the required parking
facilities and landscaping for the use have been completed in conformance
with the requirements of this article.
(4)
Any off-street parking or loading facility which is
permitted but not required shall comply with all provisions of this
article governing location, design, improvements and operation.
(5)
Any use of property which is nonconforming only as to off-street
parking facilities may be continued in the same manner, except that,
at the time of expansion, screening and landscaping of all existing
and new parking areas shall be provided as required by this article.
If information becomes available which indicates that existing parking
spaces are insufficient, inaccessible or unavailable, the Borough
may require the submittal of updated parking space calculations, which
shall be provided by the applicant within 45 days of a request by
the Borough.
(6)
When 10 or more spaces are required 20% of the spaces may be allocated for compact cars, which shall meet the dimension requirements of this section and § 157-65.
(7)
In the event that two or more uses occupy the same
building, lot or parcel of land, the total requirement for off-street
parking shall be the sum of each individual use computed separately.
(8)
If parking is developed in the Central Business District,
the following provisions are not applicable to the development of
that off-street parking:
[Added 10-15-1991 by Ord. No. 960,
approved 10-15-1991]
(9)
Parking space calculations shall be accompanied by a plan which shows
all parking spaces consecutively numbered for ease of identification.
Only parking spaces meeting the size and configuration provided for
in this article shall be counted towards meeting the required number
of parking spaces, unless they are existing nonconforming parking
spaces.
(10)
Provisions for snowplowing and snow piles shall be made in designing
a parking lot. The number of parking spaces provided to meet the parking
requirements of this article shall be increased by 6%, rounded to
the nearest whole number, for any parking lot where no area is designated
for storing snow or no other provisions are made for snow removal.
(11)
Parking spaces temporarily lost due to construction shall be
replaced with suitable spaces meeting the requirements for parking
spaces under this article, except for surfacing material.
(12)
Residential off-street parking standards.
[Added 5-19-2015 by Ord.
No. 1281, approved 5-19-2015]
(a)
New and/or converted residential single-family, two-family and
multifamily dwellings shall provide off-street parking in accordance
with the standards as set forth in this Subsection. Existing residential
dwellings that are not proposed to be converted which do not provide
off-street parking may continue unless one of the following occurs:
(b)
A permit is required for the construction, alteration, or reconstruction
of any off-street parking, driveway or accessway. No driveway shall
be constructed or altered within a street or connect to the street
without first obtaining a permit from the Borough. The permit shall
be submitted on an application form provided by the Borough and shall
include the following information, except for minor alterations as
defined, which may be on a "short form" application:
[1]
Photograph of current conditions.
[2]
Proof of ownership.
[3]
Description of work.
[4]
Site plan (four sets), prepared by a licensed professional,
with the following information:
[a]
Proposed improvements with dimensions.
[b]
Property owner information with certification.
[c]
Scale and North arrow.
[d]
Street name and adjoining property owners.
[e]
Survey-located property corners with tract boundaries
and setbacks.
[f]
Contours and datum to which the contour elevations
refer.
[g]
Existing features (watercourses, natural features,
utilities with inverts, easements, driveways, rights-of-way, etc.).
[h]
Certifications in accordance with § 140-31B(2) of SALDO.[1]
[i]
A stormwater management plan verifying there is
no rate or volume increase from meeting the intent of this chapter
amendment.
[j]
Traffic control plan for any work performed in
the road cartway.
[k]
Driveway access information, including driveway
width, curb radii (if applicable), grades or profile view of drive,
angle relative to the street and surface material.
[l]
Distance from proposed driveway to nearest intersecting street meeting § 140-15 of the East Stroudsburg Code.
[m]
Sight distance shall be required as set forth in
Subsection A(12)(g)[2][d][vii] below.
[n]
The number of parking spaces which will be served
by the proposed driveway.
[5]
Contractors performing work pursuant to this Subsection A(12) shall submit proof of liability insurance covering the Borough of at least $100,000 for any work proposed within the Borough right-of-way. A property owner's homeowner's insurance policy with proof of general liability insurance of at least $100,000 shall also be sufficient to meet this requirement.
[6]
Pennsylvania One Call. A Pennsylvania One Call is required prior
to any work being performed to confirm any utility conflicts within
the proposed disturbed area.
[7]
The permit fee shall be as set by the Borough in its current
fee schedule then in effect.
[8]
If the proposed driveway is located off a PennDOT road, a PennDOT
highway occupancy permit (HOP) is required.
(c)
When off-street parking is created, sidewalks must be installed along the front yard if they do not currently exist, conforming to Chapter 140 of the East Stroudsburg Code.
(d)
Any driveway which crosses a sidewalk shall meet the design standards for depressed curbs as set forth in Chapter 140 of the East Stroudsburg Code.
(e)
Removal of metered on-street parking to install/accommodate
a driveway is prohibited if there is other access to the property.
(f)
No more than two unmetered on-street parking spaces shall be
eliminated to accommodate a driveway.
(g)
Off-street parking requirements. All off-street parking spaces shall be accessed by a driveway. Off-street parking spaces cannot be accessed across a sidewalk except for a properly permitted driveway opening. Any driveway which requires access from a public right-of-way shall meet the standards of Chapter 136 of the East Stroudsburg Code required for road opening.
[2]
Off-street parking requirement (see "East Stroudsburg Residential
Ordinance Plot Plan" at end of this amendment).[2]
[a]
No parking shall be created in the front yard closer
than 15 feet from the street right-of-way.
[b]
Parking may be developed on the side yard but not
closer than five feet to any side lot line.
[c]
Parking may be created in the rear yard.
[d]
Driveway location:
[i]
If a principally residential lot has motor vehicle
access possible from an existing rear or side alley, in the determination
of the Zoning Officer, then new motor vehicle parking space(s) shall
not be allowed within the required minimum front yard of the lot along
a public street. For a corner lot, this requirement shall only apply
along the public street that is the property address. This requirement
shall not apply if the applicant proves to the Zoning Officer that
access from such alley is not feasible or reasonable, considering
site conditions.
[ii]
The driveway must have adequate sight distance
(defined under Subsection A(12)(g)[2][a][vii] below), not impair normal
street movement, not result in excessive traffic flow or congestion
on streets and not create a safety hazard to the public.
[iii]
A driveway shall not be located at highway interchanges
or ramp areas so as to interfere with proper functioning. A driveway
shall not be located within 300 feet of any interstate highway interchange
or ramp access area.
[iv]
If the driveway is near a signalized intersection,
the permittee shall be required to pay the costs of any modifications
to the signals which are necessary to control traffic movements from
the driveway.
[v]
If the property is a corner lot, the Borough may
restrict access to only one street.
[vi]
The Borough may require a permittee to locate
the driveway directly across from an existing street or driveway in
order to avoid any safety hazard.
[vii]
The applicant must demonstrate the location and
angle of access of the driveway in relation to street intersection
shall be such that a vehicle entering or leaving a driveway can do
so in orderly and safe manner and with minimum interference to street
traffic. This shall include proposed driveways on secondary and primary
roads (as designated on the Transportation Map contained in the East
Stroudsburg Borough Comprehensive Plan Update, 1990).
[viii]
On roads that contain on-street parking, the
parking spaces shall be painted a minimum of five feet on either side
of the driveway curb cut for sight distance.
[2]
Editor's Note: Said plot plan is on file in the Borough offices.
[3]
Size.
[b]
Driveways for existing single-family dwellings
shall be between 12 and 15 feet in width. However, if an existing
garage is on site or proposed, a parking area as wide as the garage
is allowed for up to 20 feet in front of the garage.
[4]
Materials.
[a]
Parking shall be on a durable surface. Parking
on lawn or yard areas is prohibited. Durable surfaces shall be as
follows:
[5]
Buffer requirements.
[a]
A planted buffer shall be provided between the
street right-of-way and any parking space within the front yard except
at driveway openings. Grass is an acceptable landscape buffer along
the front yard.
[b]
The area between the parking and the side lot line
shall be a planted landscape screen buffer with shrubs with a minimum
height of 30 inches above finished grade.
[c]
The planted buffer required in the rear yard (between
the parking area and rear lot line) shall provide an effective screen
to the neighboring properties from headlights of vehicles using or
occupying the parking area. At a minimum, evergreen shrubs at least
30 inches in height, and one for every four feet on center, shall
be required.
[6]
Stormwater. Any impervious area created pursuant to this subsection,
including driveways, garages, carports, sidewalks, etc., shall not
increase the rate or volume of stormwater onto any adjoining property,
downstream property and/or Borough storm sewer system. A stormwater
management plan shall be submitted meeting the requirements of the
Brodhead Creek Stormwater Management Ordinance No. 1206.[3]
[7]
Nonconformities. Where a lawful residential driveway or parking
area exists on the effective date of this subsection that could not
be built under the terms of the Zoning Chapter, it may be continued
as long as it remains otherwise lawful, subject to the review and
approval by the Zoning Officer of a certificate of nonconformance
with the following restrictions:
B.
Location. The off-street parking facilities required
by this article shall be on the same lot or parcel of land as the
structure or use they are intended to serve, except in the following
cases:
(1)
An adjacent lot or lot within a radius of 400 feet
may be used which is in the same person's possession as the structure
or use. Such possession may be by deed or long-term lease, approved
as to form by the Borough's Attorney and recorded in the office of
the County Recorder. A copy of the recorded document stipulating the
reservation of the property for parking purposes shall be filed with
the Borough prior to issuance of a zoning permit. In no case shall
any parking extend into abutting residential districts.
(2)
All parking spaces used to meet any and all of these parking requirements
shall be located as follows:
[Added 1-26-2012 by Ord. No. 1246, approved 1-26-2012]
(a)
All spaces shall be on land owned by the applicant for its proposed use, or on other lands owned by the applicant, or on lands controlled, managed and used by the applicant by agreement, that is contiguous to lands of the proposed use. If not on land owned by the applicant, the parking spaces shall be located within 400 feet travel distance along roadways, streets, or alleys from the use or facility for which the spaces are specifically designated. The use of nonowned land shall require a recordable agreement designating the use of parking and limiting the further use of this designated land until either the need for parking is met elsewhere that conforms with all of the requirements of this article or the need for the spaces has been eliminated to the satisfaction of the Borough. The spaces shall be accessible by pedestrian walkways as outlined in Subsection B(2)(b) below.
(b)
All parking lots or areas shall be accessible by pedestrian
walkways which shall be adequately constructed, well lighted, well
maintained, and with a safety plan provided by the applicant to the
Borough. The pedestrian walkways shall be handicap accessible from
the parking lot in question to the applicant's use, if handicap spaces
are provided for in the parking lot. For any parking lot which does
not have a pedestrian walkway meeting ADA requirements providing access
to any building, facility, or location, then the parking spaces shall
not be counted towards meeting the number of handicap accessible spaces
required by this article.
C.
Regulations for off-street parking spaces shall be
as follows:
|
Type of Use
|
Number of Parking Spaces Required
(Fractions shall be rounded to next highest
whole number.)
|
|---|---|
|
Offices, retail business and customer service
establishments and public buildings
|
1 for every 300 square feet of total floor area
|
|
Restaurants, taverns and night-clubs
|
1 for every 2.5 seats
|
|
Medical and dental clinics
|
6 for every doctor or dentist of record working
in that office
|
|
Motels, tourist homes and bed-and-breakfasts
|
4 for every 3 sleeping rooms
|
|
Motel/restaurant without nightclub
[Added 5-15-2007 by Ord. No. 1191, approved 5-15-2007] |
4 for every 3 sleeping rooms plus 1 for every
4 seats in the restaurant area
|
|
Hotels
|
4 for every 3 sleeping rooms
|
|
Churches, theaters, auditoriums and places of
assembly
|
1 for every 3.5 seats
|
|
Elementary schools
|
1 for every 15 classroom seats
|
|
Secondary public and parochial schools
|
1 for every 2 teachers and employees plus 1
for each 10 students
|
|
Schools, colleges, universities, adult education
centers, or training centers, which have attendees of legal driving
age (other than high schools which are not served by school district
transportation)
[Added 1-26-2012 by Ord. No. 1246, approved 1-26-2012] |
(1) 1 space for each faculty or staff member
on duty at any one time, or if no shift data is available, one space
for 80% of the total number of full- or part-time faculty and staff
employees, including subcontractors, plus 1 space for each facility-owned
vehicle, plus 1 space for each 3 full- or part-time day students enrolled
or 1 space for each full- or part-time night student enrolled, whichever
is greater. (2) Absent student enrollment data, the student parking
requirement shall be 1 space for every 5 total classroom seats, plus
1 space for each 2.5 dormitory or housing unit beds, plus visitor
parking shall be provided at the rate of 2.0% of the sum of items
in (1) above.
|
|
Social halls, clubs and lodges
|
1 for every 200 square feet of total floor area
|
|
Bowling alleys
|
5 for every 1 alley
|
|
Hospitals
|
1 for every bed plus 1 for each employee on
the major shift
|
|
2-family dwellings
|
2 for every dwelling unit plus 1 per visitor;
5 total
|
|
Multifamily dwellings
|
2 for every dwelling unit plus an additional
10% of the total parking requirement
|
|
Funeral homes
|
10 for every 1 parlor
|
|
Rooming houses and dormitories
|
1.5 for each occupant
|
|
Manufacturing plants
|
1 for every 3 employees1,2
|
|
Group residences
|
1 1/2 for each occupant
|
|
Wholesale establishments and warehouses
|
1 for every 2 employees1
|
|
Nursing and convalescent homes
|
1 for every 4 beds
|
|
Single-family dwellings
[Amended 5-19-2015 by Ord. No. 1281, approved 5-19-2015] |
3 for every dwelling unit, but no more than
5; stacked parking is permitted
|
|
Fitness centers/recreational uses
| |
|
Aerobics
|
1 for every 100 square feet of floor area
|
|
Swimming pools
|
1 for every 75 square feet of gross water area
|
|
Tennis courts
|
5 for every tennis court
|
|
Racquetball courts
|
3 for every racquetball court
|
|
Weight rooms
|
1 for every 300 square feet
|
|
Outdoor recreation
| |
|
Skateboard ramps
|
5 per ramp
|
|
Tennis courts
|
5 per court
|
|
Golf courses
|
5 per hole
|
|
Ice-skating rinks
|
5 per 100 square feet
|
|
Other uses
|
5 per 100 square feet of use area
|
|
Retail furniture showroom
[Added 8-3-1999 by Ord. No. 1088,
approved 8-3-1999] |
1 for every 600 square feet of total floor area
|
|
Household goods distribution centers
[Added 8-5-2008 by Ord. No. 1207, approved 8-5-2008] |
1 for every 1 employee
|
|
NOTES:
1Plus one additional
space for each 1,000 square feet of floor area.
2In no case shall
the total parking area be less than 25% of the floor area.
|
All off-street parking and loading areas which
serve public uses shall conform to the following:
A.
Off-street parking and loading lots may be developed
on any required side, front or rear yard but not closer than 15 feet
to any street pavement. If parking is developed within the Central
Business District, the restriction relative to off-street parking
being not closer than 15 feet to any street pavement is reduced from
15 feet to five feet, so long as parking is developed in a manner
which will not allow parked cars to protrude out into a sidewalk or
roadway area.
[Amended 10-15-1991 by Ord. No.
960, approved 10-15-1991]
B.
Public and semipublic parking lots shall be paved
and open to the public as an accommodation for customers, clients
or residents of multifamily developments. They shall be surfaced with
durable bituminous or concrete paving material within one year of
occupancy and shall be properly graded and drained to dispose of all
surface water. A stormwater management plan shall be submitted as
part of any parking lot proposal of more than four spaces. The stormwater
management plan shall be designed by a licensed, registered engineer.
The designing engineer shall take into consideration the importance
of groundwater recharge by using seepage areas as appropriate. The
proposed stormwater management plan must be approved by the Borough
Engineer.
C.
They shall be arranged and marked for orderly and
safe movement, creation of fire lanes, loading, parking and storage
of vehicles and shall be adequately illuminated with luminaries which
shall not be located more than 20 feet above ground level or not higher
than the building located on the premises, whichever is less, if designed
for use by more than three cars after dusk. All luminaries for off-street
parking areas shall be arranged to reflect the light away from all
adjoining landowners.
D.
Exit and entrance driveways or access points shall
be at least 22 feet wide and shall not exceed 40 feet in width and,
wherever practicable, shall not occupy the full width of the streets,
alleys or other rights-of-way from which they derive their access,
but shall be limited to well-defined points, and shall be so designed
to provide maximum safety for other adjoining or nearby uses.
E.
Dimensional requirements.
[Amended 1-3-1995 by Ord. No. 1026,
approved 1-3-1995]
(1)
The
minimum off-street parking stall dimensions should be as follows:
|
Angle Parking
(degrees)
|
Stall Width Standard
(feet)
|
Stall Width Compact
(feet)
|
Stall Depth Standard
(feet)
|
Stall Depth Compact
(feet)
|
Aisle Width
(feet)
|
|---|---|---|---|---|---|
|
0
|
9 1/2
|
9
|
18
|
18
|
22
|
|
30
|
9 1/2
|
9
|
18
|
18
|
16
|
|
45
|
9 1/2
|
9
|
18
|
18
|
15
|
|
60
|
9 1/2
|
9
|
18
|
18
|
20
|
|
90
|
9 1/2
|
9
|
18
|
18
|
25
|
|
NOTE: A parking space on a site with more than
five parking spaces and which is adjacent to a wall over 12 inches
in height shall be increased in width by three feet when the wall
parallels the stall depth line.
|
(2)
Parking
structures.
[Added 5-3-2011 by Ord. No. 1242, approved 5-3-2011]
(a)
In all districts, the minimum stall width in a vehicle parking structure
shall be 8.5 feet. The term "parking structure" shall mean any of
the following motor vehicle parking facilities:
(b)
In a parking structure, the minimum parking space aisles shall be
revised as follows:
[1]
The following shall apply for parking structures with one-way traffic
and double-loaded aisles:
|
Minimum Aisle Width
| ||
|---|---|---|
|
Parking Angle
(degrees)
|
One-Way Traffic
|
Two-Way Traffic
(feet)
|
|
45 or less or parallel
|
12 feet 8 inches
|
22
|
|
50
|
13 feet 3 inches
|
22
|
|
55
|
13 feet 8 inches
|
22
|
|
60
|
14 feet 6 inches
|
22
|
|
65
|
15 feet 5 inches
|
22
|
|
70
|
16 feet 6 inches
|
22
|
|
75
|
17 feet 10 inches
|
22
|
|
90
|
24 feet
|
24
|
[2]
If a parking space is at a different angle than listed above, the
next higher angle shall be used to determine the minimum aisle width.
[3]
An occasional pillar or similar obstruction shall be allowed, provided
that it does not intrude more than 1.5 feet into any minimum parking
space.
F.
All off-street parking spaces shall have access to
a public street or alley and shall have internal circulation, safe
entrances and exits, drives and aisles. Every required parking space
shall have unobstructed access from an aisle. Traffic circulation
shall be designed such that no vehicle need enter a public street
in order to progress from one aisle to any other aisle within the
same development.
G.
If parking is developed within the Central Business District, entranceways and aisle width requirements can be reduced to 20 feet. One-way traffic flow patterns through the parking lot shall be developed and properly marked and signed. The traffic pattern shall be designed in such a manner that no vehicles shall back out into an alley or public/private roadway area. Additionally, parking stall dimensions shall follow the table set in § 157-65E, except for aisle widths addressed above.
[Added 10-15-1991 by Ord. No. 960,
approved 10-15-1991]
H.
A parking management plan prepared by a qualified professional or
professional firm and fully implemented, monitored, and maintained
by the applicant may be accepted by the Borough to allow a reduction
in the number of parking spaces otherwise required by this article.
The implementation, monitoring, and results of the parking management
plan shall be reported to the Borough every six months for five years.
During the five-year monitoring period, the applicant shall provide
a bond or other financial guarantee in a form suitable to the Borough
in an amount equal to 110% of the cost to implement and install the
number of parking spaces required by this article, as if a parking
management plan was not selected and utilized for the proposed use.
In the event bonding by the applicant is prohibited by law, the applicant
shall provide an alternate method of guaranteeing completion of the
parking spaces required by this article (if a parking management plan
was not selected and utilized by the applicant) that is acceptable
to the Borough. Otherwise, the applicant cannot avail themselves of
the parking management plan provisions afforded under this article.
The applicant shall determine and coordinate the scope of the parking
management plan with the Borough prior to the preparation of the plan.
The parking management plan shall include the following, as a minimum:
[Added 1-26-2012 by Ord. No. 1246, approved 1-26-2012]
(1)
Assessment of current parking facilities, if any.
(2)
Provide car counts during a time of peak use. For a proposed facility,
counts from a similar facility may be used or data from a commonly
accepted publication may be accepted.
(3)
Calculation of parking demand for the proposed facility, addition,
or change of use.
(4)
Development of a specific management implementation plan, including
the cost for each item.
(5)
Provide an operation and enforcement plan to ensure adherence to
the parking management plan.
(6)
Development of a contingency plan if the parking management plan
does not achieve all of its goals.
The provisions of this section shall apply to
all projects unless exempt by approval of the Zoning Hearing Board
subject to the approval of the Zoning Officer. Planting shall be harmonious
with the architectural design and site location. All landscaping shall
be maintained in a neat, clean and healthy condition. Maintenance
shall include proper pruning, mowing, disease and rodent control,
weeding, litter removal, fertilizing, watering and plant replacement
as necessary.
A.
Interior landscaping. A minimum of 8% of the total
net site area shall be landscaped by using landscaping strips or planting
islands. For traffic visibility purposes, the maximum height of shrubbery
shall be 32 inches within any parking area. No individual landscape
area comprising the eight-percent requirement shall be smaller than
two feet in any dimension or smaller then eight square feet in area.
[Amended 10-15-1991 by Ord. No.
960, approved 10-15-1991; 1-3-1995 by Ord. No. 1026, approved 1-3-1995]
B.
Landscape setbacks for front and exterior side yards.
A ten-foot-wide landscaped area shall be provided along any streetside
property line except, at driveway openings. Any planter or screen
walls shall be placed behind the landscape area and shall be set back
five feet from the edge of any alley or driveway.
A.
General provisions. Every commercial, industrial or
other use which requires the receipt of material or merchandise, except
those located in the Central Business District (C-1A), shall provide
off-street loading spaces in conformance with the following table:
|
Commercial and Industrial Uses
| ||
|---|---|---|
|
Gross Floor Area
|
Loading Spaces Required
| |
|
0 to 15,000
|
1
| |
|
15,000 to 40,000
|
2
| |
|
40,000 to 90,000
|
3
| |
|
90,000 to 150,000
|
4
| |
|
150,000 and over
|
5
| |
|
Hospitals and Institutions
| ||
|---|---|---|
|
Gross Floor Area
|
Loading Spaces Required
| |
|
0 to 50,000
|
1
| |
|
50,000 to 100,000
|
2
| |
|
100,000 and over
|
3
| |
|
Restaurant; hotels; motels; and retail furniture
showrooms
[Added 8-3-1999 by Ord. No. 1088,
approved 8-3-1999] |
1
| |
B.
Design standards.
(1)
The minimum size of loading spaces shall be at least
12 feet in width and 40 feet in length with 14 feet in vertical clearance.
The Zoning Hearing Board, in special circumstances, based on the nature
of the use or combination of uses as well as the specific design characteristics
of the projects, may modify this requirement.
(2)
Loading spaces shall be located so commercial vehicles
shall not back into a public street or alley.
C.
Screening provisions.
(1)
Any commercial or industrial development that uses
part of the property for the storage of materials, supplies, trucks,
trailers or anything considered an accessory and integral part of
the business shall submit as part of the zoning application a drawing
that depicts a screening plan.
(2)
Storage requirements.
(a)
Outside storage must be on the premises of the
business and is limited to the rear and side of the building.
(b)
Outside storage must be obscured from view by
opaque fencing, screening or landscaping. The height of the stored
materials may not exceed the height of the screening.
(c)
Unsafe storage of waste or hazardous material
that creates a pollution threat or a fire hazard or is an attraction
to rodents or insects is not permitted.
(d)
All storage areas open to vehicles must be paved
with asphalt surfacing, crushed rock or other dust-free materials.
Any motor vehicle incapable of movement by its
own power and/or not licensed to operate on Pennsylvania streets shall
be stored either in an enclosed building or entirely screened from
view.
The outside storage of up to three inoperable
and/or unlicensed vehicles at automobile service stations is permitted.
However, in no event shall more than three vehicles, body parts or
dismantled vehicles be stored on the premises unless screened and
in the side or rear of the property.
A.
Uses listed as special exception uses in § 157-39 shall require individual consideration in each case because of their unique characteristics. Such special exception uses shall be permitted only upon authorization by the Zoning Hearing Board after a duly advertised public hearing and subject to certain conditions and safeguards, as provided in this section.
B.
Such special exception uses shall comply with the
provisions of this section, and they shall be permitted by the Board
subject to any additional conditions and safeguards which may be warranted
by the character of the areas in which such uses are proposed or by
other special factors.
C.
A special use shall not cause substantial injury to
the value of other property where it is to be located; shall conform
to regulations applicable to the district where located; shall be
compatible with adjoining development; shall provide adequate landscaping
and screening to protect adjoining areas; shall provide off-street
parking and loading so as to minimize interference with traffic on
the local streets; and shall not jeopardize the public health, safety,
welfare and convenience.
D.
Controls for the special exception uses in this section
shall also apply to permitted uses where they are more restrictive
than controls found elsewhere in this chapter. However, said permitted
uses do not require Zoning Hearing Board approval.
A.
Conversions of single-family dwellings into two-or-more-family
dwelling units that do not require the enlargement of the existing
structure shall meet the following requirements at a minimum:
(2)
No parking spaces shall be permitted in the front
yard.
(3)
No parking area shall be located within five feet
of any abutting property line.
(4)
Access drives shall not be located within three feet
of adjoining property lines.
(5)
Each unit shall meet applicable Building Code requirements
and be a minimum of 800 square feet in size.
C.
The conversion of residential structures into commercial
or mixed-use structures shall meet the following requirements:
(1)
The entire structure may be converted to commercial
use or may provide residences above the first floor and shall have
at least 600 square feet of living space and required space for each
dwelling unit, and the design of said conversion shall be undertaken
in a manner which ensures its compatibility with other commercial
structures in the adjoining neighborhood.
(2)
All of the parking requirements of this chapter shall
be complied with.
(3)
All driveways and vehicular access to the structure
shall be planned in a manner which ensures vehicular and pedestrian
safety. Driveway access points shall be restricted to the minimum
required to provide safe vehicular access.
(5)
This includes, within the S-1, M-1, I-M and I-U Districts,
the conversion of existing structures or uses to new uses which meet
the permitted or special use requirements of the district in which
such conversion is proposed.
A.
The following definitions shall apply to all development
of multifamily residential dwellings within the Borough:
(1)
Attractively landscaped. A separate detailed site
plan showing landscaping proposals is required. The plan shall show
the type, size, number and placement of all plantings. Trees shall
be placed at intervals no greater than four feet along buffer and
screening areas. The landscaping site plan will incorporate reasonable
proposals from the Planning Commission and Zoning Hearing Board as
conditions for the issuance of a zoning permit.
(2)
Adequate ingress and egress. An ingress and egress
area shall be at least 22 but not greater than 40 feet wide for two-way
traffic and at least 18 feet wide for one-way traffic. All plans shall
incorporate reasonable proposals from the Planning Commission and
Zoning Hearing Board as conditions for the issuance of a permit If
the property is located on a state highway, a Pennsylvania Department
of Transportation permit is needed prior to final approval by the
Zoning Hearing Board.
(3)
Site plan. The site plan shall conform to the following
requirements. If the site plan does not meet the plan requirements,
it shall be deemed incomplete and may be rejected for specific reasons.
(a)
Scale. The preliminary plan shall be at a scale
of not more than 20 feet to the inch.
(b)
Plan information. The site plan shall show or
be accompanied by the following information:
[1]
The proposed development name or identifying
title.
[2]
A North point, scale and date.
[3]
The name of the owner of the property.
[4]
The name of the registered engineer, surveyor
or architect responsible for the plan.
[5]
The tract boundaries, with bearings and distances.
[a]
The names and addresses of adjoining
property owners on the site plan.
[b]
Notification. All property owners
and all abutting property owners within a five hundred-foot radius
of the development shall be notified of the proposal and meetings
by certified mail. All copies of certified mail receipts shall be
presented at the Planning Commission meeting.
[6]
Contours vertical intervals of two feet or,
in the case of relatively level tracts, at such lesser intervals as
may be necessary for satisfactory study and planning of the tract.
[7]
All existing watercourses, tree masses and other
significant natural features.
[8]
All existing buildings, sewers, water mains,
culverts, petroleum or petroleum product lines, fire hydrants and
other significant man-made features.
[9]
All existing streets on or adjacent to the tract,
including name, right-of-way width and pavement width.
[10]
All existing property lines, easements
and right-of-way and the purpose for which the easements or rights-of-way
have been established.
[11]
The location and width of all
proposed accesses, alleys, rights-of-way and easements; proposed building
lines with accurate dimensions; and playgrounds, buildings and open
areas.
[12]
Copies of the proposed deed restrictions,
if any, shall be attached to the preliminary plan; also copies of
any existing deed restrictions shall be attached.
[13]
Site plans shall be on sheets
not larger than 34 inches by 44 inches overall. It is recommended
that, as far as practicable, site plan sheets be held to the following
overall sizes: 17 inches by 22 inches; 22 inches by 34 inches; 34
inches by 44 inches. Where necessary to avoid sheets larger than the
maximum size prescribed above, site plans shall be drawn in two or
more sections accompanied by a key diagram showing relative location
of the sections.
[14]
An affidavit that the applicant
is the owner or equitable owner of the land proposed to be developed.
(4)
All multifamily dwelling units shall be located on
or above the ground level and shall have a minimum living area of
600 square feet. Multiple buildings are permitted, provided that buildings
are at least 20 feet apart.
(5)
All multifamily developments are required to provide
two parking spaces per dwelling unit and 10% of the total required
parking spaces as a visitor parking allocation per dwelling unit and
developed within the same parking scheme applied to the units.
(6)
Usable open space is the unoccupied area of a lot.
Usable open space does not include the areas of principal and accessory
structures, streets, driveways or parking areas but may include areas
occupied by playgrounds, outdoor recreation or play apparatus, swimming
pools and trees. It shall have a minimum width of 20 feet and a minimum
depth of 20 feet and shall have one contiguous piece of at least 600
square feet.
B.
Multifamily residential regulations for C-1, C-1A,
C-2 and S-1 Zones.
(1)
The regulations below apply to multifamily dwellings
where permitted by right. Medium and high-density dwellings shall
be served with public water, sewer and parking facilities. Such dwelling
structures shall be attractively landscaped, shall have adequate ingress
and egress and shall provide a usable open yard or recreation space
of at least 200 square feet per dwelling unit.
(2)
The usable open space shall not include front, rear
and side yard requirements. It shall be clearly dimensioned and detailed
on plans and shall be assembled in not more than three locations on
the property.
(3)
Parking requirements shall conform to §§ 157-64 and 157-65. A ten-foot buffer strip of plantings or walkway, or combination of both, must separate the building from the parking area. In addition, parking is not allowed in the required front yard. In addition, a five-foot parking buffer from adjoining properties is required. If the development abuts a differently zoned property, the buffer area shall be a minimum of 10 feet.
(4)
Prior to acceptance by the Planning Commission and
Zoning Hearing Board, stormwater calculations and methods of control
shall be submitted for review by the Borough Engineer.
(5)
The following regulations shall also apply:
|
Regulations for Multifamily Dwellings
| ||
|---|---|---|
|
Type of Regulation
|
Medium-Density Dwellings
|
High-Density Dwellings
|
|
Minimum lot size
| ||
|
Area (square feet)
|
12,000
|
43,560
|
|
Width (feet)
|
80
|
125
|
|
Depth (feet)
|
150
|
150
|
|
Maximum density per gross acre
|
6 per acre
|
8 per acre
|
|
Minimum yards
| ||
|
Rear yard (feet)
|
25
|
25
|
|
Front yard (feet)
|
25
|
25
|
|
Each side yard (feet)
|
15
|
25
|
|
Maximum building height
| ||
|
Number of stories
|
2 1/2
|
3
|
|
Feet
|
35
|
40
|
C.
Multifamily residential regulations for I-U and I-M
Zones:
(1)
The regulations below apply to multifamily dwellings
where permitted by special exception. Medium- and high-density dwellings
shall be served with public water, sewer and parking facilities. Such
dwelling structures shall be attractively landscaped, shall have adequate
ingress and egress and shall provide a usable, open yard or recreation
space of at least 250 square feet per dwelling unit and shall comply
with the following.
(2)
The usable open space shall not include front, side
and rear yard requirements and shall be clearly dimensioned and detailed
on plans and assembled in one location.
(3)
Parking requirements shall conform to §§ 157-64 and 157-65. A ten-foot buffer strip of plantings or walkway, or combination of both, must separate the building from the parking areas. In addition, parking is not allowed in the front and side yards. Parking lots shall be broken up with plantings every eight spaces if the total number exceeds eight. In addition, a five-foot buffer of screening between abutting properties is required. If the development abuts a differently zoned property, the buffer area shall be a minimum of 10 feet.
(4)
Stormwater calculations and control methods shall
be submitted for review by the Borough Engineer prior to acceptance
by the Planning Commission and Zoning Hearing Board.
(5)
The following regulations shall also apply:
|
Regulations for Multifamily Dwellings
| ||
|---|---|---|
|
Type of Regulation
|
Medium-Density Dwellings
|
High-Density Dwellings
|
|
Minimum lot size
| ||
|
Area (square feet)
|
12,000
|
43,560
|
|
Width (feet)
|
80
|
125
|
|
Depth (feet)
|
150
|
150
|
|
Maximum density per gross acre
|
6 per acre
|
8 per acre
|
|
Minimum yards
| ||
|
Rear yard (feet)
|
25
|
25
|
|
Front yard (feet)
|
25
|
25
|
|
Each side yard (feet)
|
15
|
25
|
|
Maximum building height
| ||
|
Number of stories
|
2 1/2
|
3
|
|
Feet
|
35
|
40
|
(6)
Multifamily residential developments are allowed by
special exception only in the Institutional Districts I-M and I-U.
These proposals must go before the Planning Commission and Zoning
Hearing Board for review and approval.
This section includes provisions for the development
of mobile homes planned as a unit which are located on tracts of land
at least 10 acres in size. It also includes provisions for individual
mobile homes located in such parks. Such mobile home parks and individual
mobile homes shall comply with all of the regulations of the Commonwealth
of Pennsylvania for mobile home parks and with the following additional
regulations:
A.
Individual mobile home lots located in a mobile home
park shall contain at least 4,000 square feet of lot area. The clustering
of mobile home units on a lesser-sized area to produce a livable environment
may be permitted, provided that the objectives of this section are
complied with, and provided further that the overall average lot area
per unit of the court shall not be less than 4,000 square feet.
B.
No mobile home shall be located closer than 50 feet
to any property line defining the external boundary of the park.
C.
No structure located on any lot in any mobile home
park shall be closer to any front line than 20 feet, to any side lot
line than 10 feet nor to any rear lot line than 20 feet. "Front yard"
refers to the area on which the main entrance is located.
D.
The minimum side clearance between any two adjacent
mobile homes shall be 30 feet.
E.
Roadway or area lighting shall be reflected away from
adjoining properties.
F.
The commercial sale of mobile homes from a mobile
home park by a mobile home dealer shall be prohibited.
G.
Individual tenants at the mobile home park may construct
attached enclosures to individual mobile homes, provided that such
enclosures do not exceed 100% of the floor area of the mobile home.
Individual building and zoning permits shall be required for such
enclosures in each case.
I.
All mobile home parks shall provide to each lot line
both a continuing supply of safe and potable water as approved by
the Pennsylvania Department of Health. The park will also provide
a connection to public sanitary sewage disposal facilities of the
Borough or to facilities provided by the developer, which shall be
in accordance with and as approved by the Pennsylvania State Department
of Health.
J.
All areas devoted to utility purposes, such as garbage
storage areas, common washing or drying facilities and other such
areas, shall be adequately screened.
All structures constructed or converted to time-sharing
status shall provide a maintenance agreement for all buildings and
grounds which is satisfactory to the Borough Manager.
All rooming houses shall be operated by an owner-occupant
residing on the premises and occupying a single-family dwelling unit.
Said family shall establish a procedure for the proper operation and
maintenance of the rooming units so as to ensure the livability of
these units and also to ensure that these units do not detract from
the residential character of the district in which they are located.
A home occupation is an accessory use which
is carried on by a member(s) of the resident family clearly incidental
to the principal residential use, provided that no external alterations
or structural changes not customary to a dwelling area are required;
the occupation does not produce offensive noise, vibration, heat,
dust or other objectionable conditions; no outside storage is required;
and there is little contact with the general public.
A planned residential development includes residential
uses of all types which are located on a tract of land at least five
acres in size which is planned for development in its entirety under
single ownership or control. Such residential large scale developments
may be allowed as a conditional use for the purpose of encouraging
a flexibility of design which will result in an integrated site plan
designed to benefit the residents or occupants of such development
and of neighborhood properties and shall comply with the following:
A.
Average area per dwelling unit.
(1)
It shall consist of either single-family detached,
two-family or multifamily dwellings or combinations thereof, provided
that the average number of square feet of land area per dwelling unit,
excluding streets, shall not be less than the following:
|
Dwelling Type
|
Average Area Required per Dwelling Unit
(square feet)
|
|---|---|
|
Single-family, detached
|
12,500
|
|
Two-family
|
7,000
|
|
Multifamily (medium-density only)
|
2,500
|
(2)
However, in no case shall there be more than an average
of six dwelling units per gross acre.
B.
The proposed developer shall demonstrate that a sufficient
market exists for the type, size and character of the development
proposed.
C.
Adequate, safe and convenient pedestrian and vehicular
circulation facilities, including fire hydrants, roadways, driveways,
off-street parking, sidewalks and landscaped areas, to serve the development
shall be provided.
D.
Paving and drainage facilities shall be designed to
adequately handle stormwater and prevent erosion and formation of
dust.
E.
All housing should be located so as to provide adequate
privacy and ensure natural light in all principal rooms.
F.
Routes for vehicular and pedestrian access and parking
access shall be convenient without creating nuisances or detracting
from privacy.
G.
The location and arrangement of buildings and open
spaces must be shown so that the Borough Council may review the intensity
of land use and serve the public interest by protecting neighboring
land uses.
H.
The following requirements shall apply:
(1)
No dwelling unit shall be within 20 feet of the curb
or street right-of-way.
(2)
No dwelling unit be erected within 25 feet of any
other housing structure or within a distance equal to the height of
the greater of two adjacent housing structures.
(3)
No single-family dwelling unit shall be constructed
closer than 25 feet to an adjacent property line, and each two-family
dwelling unit shall have an open side yard of not less than 10 feet.
In no case shall the distance between single- or two-family dwelling
units be less than 20 feet.
(4)
Where the property line of any planned residential
development abuts another residential development or residential zoning
district, a buffer strip shall be provided consisting of evergreen
planting material which, at the time of development, is at least six
feet in height and no more than 30% open. Said buffer strip area shall
be a minimum of 10 feet in width and shall abut the exterior property
line.
(5)
The maximum building height shall be 40 feet from
grade or three stories.
I.
Where the development abuts an area of predominantly
single-family detached structures, detached single-family units shall
be placed in the development in such manner that they will provide
a buffer between existing developed areas and the development of multifamily
units on site.
J.
The orientation of multiple-dwelling buffer yards
shall provide adequate light, air and open space and shall conform
to the following:
(1)
In buildings containing multiple-dwelling units, walls
containing main window exposure or main entrances shall be so oriented
as to ensure adequate light and air exposures.
(2)
Multiple-dwelling buildings shall be so arranged as
to avoid undue exposure to concentrated parking facilities and shall
be so oriented as to preserve visual and audible privacy between adjacent
buildings.
(3)
A multiple-dwelling building wall exposing both windows
and an entranceway shall be located no closer to another building
than a distance equal to the height of the taller building of the
two, but in no case less than 50 feet.
(4)
A multiple-dwelling building wall exposing only windows
or only an entranceway shall be located no closer to another building
than a distance equal to the height of the taller building of the
two, but in no case less than 25 feet.
(5)
A building group may not be so arranged that any temporary
or permanently inhabited building is inaccessible by emergency vehicles.
(6)
The maximum building height for multiple-dwelling
buildings shall be 40 feet from grade or three stories.
K.
Usable open space suitable for use as play areas for
children or as outdoor living space for families shall be provided
in amounts not less than 500 square feet per dwelling unit for single-family
and two-family dwellings and 300 square feet per dwelling unit for
multifamily units. In addition to this play area or outdoor living
space, public open space amounting to at least 10% of the land area
of the tract shall be reserved for use as buffers, landscaped areas,
wooded areas or other forms of open space designed to enhance the
attractiveness and livability of the development.
L.
All areas devoted to utility purposes, such as garbage
storage areas, common washing or drying facilities and other such
areas, shall be adequately screened.
M.
Streets and sidewalks. All streets and sidewalks must
conform to the Borough's design standards with respect to right-of-way
width, paving specification, cartway design, horizontal and vertical
alignment, sight distances and drainage provisions. All streets shall
be dedicated to the Borough, except when such requirement is modified
or waived by the Borough Council. Pedestrian circulation systems must
be provided as convenient, safe and attractive links between residential
groupings, open space areas, recreation areas and schools.
N.
Parking.
(1)
For each dwelling unit there shall be two off-street
parking spaces consisting of not less than 200 square feet each.
(2)
Parking areas shall be arranged so as to prevent through
traffic to other parking areas.
(3)
Parking areas shall be screened from adjacent structures,
roads and traffic arteries with hedges, dense planting, earth berms
or changes in grade or walls.
(4)
No more than 15 parking spaces shall be permitted
in a continuous row without being interrupted by landscaping.
(5)
No more than 60 parking spaces shall be accommodated
in any single parking area.
(6)
All parking areas shall be adequately lighted. All
such lighting shall be so arranged as to direct the light away from
residences.
(7)
Each parking space shall be a minimum of 10 feet wide
and 20 feet long.
O.
Landscaping.
(1)
Landscaping shall be regarded as an essential feature
of every planned residential development in order to enhance the appearance
of housing, provide protection from wind and sun and for screening
roads, parking areas and nearby property from view. All trees and
shrubs shall be maintained in a healthy condition or replaced with
others of similar size and type.
(2)
All parking areas containing more than four parking
spaces shall be landscaped. Landscaping plans shall be submitted for
review with the application.
P.
Street signs, street furniture and streetlighting.
(1)
The quality of design of street signs, street furniture
and streetlighting is subject to review by the Planning Commission
and approval by Borough Council.
(2)
All streets and areas of high pedestrian use shall
be adequately lighted.
(3)
The character, size and shape of all outdoor signs
shall comply with the Borough Zoning Regulations.
Q.
Supplementary project facilities.
(1)
Swimming pools, tennis courts, ice-skating rinks and
other recreational areas shall be located so as not to interfere with
the residential character of adjacent dwelling units.
(2)
Where public trash collection is not required, refuse
stations must be designed with suitable screening and in locations
convenient for collection and removal so as not to be offensive to
the occupants of adjacent dwelling units.
(3)
Adequate lighting must be provided in outdoor areas
used by occupants after dark, illuminating walkways, steps, ramps
and signs. Lighting shall be so located as to avoid shining directly
into habitable room windows in the project or into private outdoor
open space which is associated with dwelling units.
(4)
The planned residential development shall be provided
with a public water supply and sanitary sewer connected to the Borough's
systems. Such facilities and all appurtenances shall be reviewed and
approved by the Borough.
(5)
Public utilities shall be provided and shall be underground.
(6)
All historical sites located on a parcel of ground
proposed for development shall be preserved, and said sites shall
be provided with public access roads or paths and shall be landscaped
in accordance with plans reviewed by the Planning Commission and approved
by the Borough Council.
(7)
Water, sanitary and storm sewer facilities shall be
connected to the Borough's system, and all such facilities lying within
dedicated public rights-of-way or easements shall be turned over to
the Borough upon the completion of the project and acceptance by the
Borough.
R.
Common open space.
(1)
The Borough of East Stroudsburg may, at any time and
from time to time, accept the dedication of land or any interest therein
for public use and maintenance, but the Borough need not require,
as a condition of the approval of a planned residential development,
that land proposed to be set aside for common open space be dedicated
or made available to public use. The landowner shall provide for and
establish an organization for the ownership and maintenance of the
common open space, including parking lots, and such organization shall
not be dissolved nor shall it dispose of common open space, by sale
or otherwise (except to an organization conceived and established
to own and maintain the common open space), without first offering
to dedicate the same to the Borough.
(2)
In the event that the organization established to
own and maintain common open space, or any successor organization,
shall at any time after establishment of the planned residential development
fail to maintain the common open space in reasonable order and condition
in accordance with the development plan, the Borough may serve written
notice upon such organization or upon the residents of the planned
residential development setting forth the manner in which the organization
has failed to maintain the common open space in reasonable condition,
and said notice shall include a demand that such deficiencies of maintenance
be corrected within 30 days thereof and shall state the date and place
of hearing thereon, which shall be held within 14 days of the notice.
At such hearing, the Borough may modify the terms of the original
notice as to the deficiencies and may give an extension of time within
which they shall be corrected. If the deficiencies set forth in the
original notice or in the modifications thereof shall not be corrected
within said 30 days or any extension thereof, the Borough, in order
to preserve taxable values of the properties within the planned residential
development and to prevent the common open space from becoming a public
nuisance, may enter upon said common open space and maintain the same
for a period of one year. Said maintenance by the Borough shall not
constitute a taking of said common open space nor vest in the public
any rights to use the same. Before the expiration of said year, the
Borough shall, upon its initiative or upon the request of the organization
heretofore responsible for the maintenance of the common open space,
call a public hearing upon notice to such organization or to the residents
of the planned residential development, to be held by the Borough
Council, at which hearing such organization or the residents of the
planned residential development shall show cause why such maintenance
by the Borough shall not, at the option of the Borough, continue for
a succeeding year. If the Borough Council shall determine that such
organization is ready and able to maintain common open space in reasonable
condition, the Borough shall cease to maintain said common open space
at the end of said year. If the Borough Council or its designated
agency shall determine that such organization is not ready and able
to maintain said common open space in a reasonable condition, the
Borough may, in its discretion, continue to maintain said common open
space during the next succeeding year and, subject to a similar hearing
and determination, in each year thereafter. The decision of the Borough
Council shall be subject to appeal to court in the same manner and
within the same time limitation as is provided for zoning appeals.
(3)
The cost of such maintenance by the Borough shall
be assessed ratably against the properties within the planned residential
development that have a right of enjoyment of the common open space
and shall become a lien on said properties. The Borough, at the time
of entering upon said common open space for the purpose of the maintenance,
shall file a notice of lien in the office of the prothonotary of the
county upon the properties affected by the lien within the planned
residential development.
S.
Fees. An application fee, prescribed by the Council,
shall be paid by the applicant upon submittal of the plans to the
Borough.
Professional offices meeting the definition
herein[1] are required to meet all applicable off-street parking
and sign requirements of this chapter. In addition, no exterior alterations
shall be made which are not consistent with the neighborhood character.
Public and semipublic uses shall comply with the applicable regulations of Article IV for the zone in which the use is located. Parking and sign controls for each district shall also apply.
[Amended 3-18-1997 by Ord. No. 1057,
approved 3-18-1997]
Day-care centers shall be permitted as a conditional
use in an M-1 Zoning District subject to the following standards and
criteria:
A.
Day-care centers shall meet the regulations of Article IV for the zone in which they are located. In addition, day-care centers shall meet the following bulk regulations:
(1)
Minimum lot area: two acres.
(2)
Minimum yard setbacks: front, 40 feet; rear, 50 feet;
and each side, 50 feet.
(3)
Maximum building coverage: 40%.
(4)
Minimum building area of day-care use: 1,500 square
feet.
(5)
Maximum building height: two stories or 35 feet.
(6)
Minimum off-street parking requirements: one space
per employee plus one space for every 12 children at the center on
any single day.
B.
Recreation area requirements.
(1)
An outdoor play area shall be provided of at least
100 square feet per child. The area shall be completely enclosed by
fencing or other appropriate buffering of a minimum height of four
feet.
(2)
No play area shall be closer than 50 feet to adjacent
property lines. This area shall be buffered from adjacent uses through
a combination of fencing and landscaping, as approved by the Borough
Council.
C.
Design requirements.
A.
Where permitted, all buildings shall be a minimum
of 30 feet from any property line. There may be included retail sales
for guests only.
B.
Any such use shall front on a public street having
a minimum pavement width of not less than 30 feet and shall provide
ingress and egress so as to minimize traffic congestion.
C.
Such uses shall not be located on lots of less than
15,000 square feet with a minimum frontage of 125 feet.
No appreciable noise or glare may extend beyond
the property lines during normal use of the facility. Where completely
detached buildings are located on the same lot, the buildings shall
not be closer than 20 feet to one another.
A.
Activities are limited to new or used automobile sales
and service of the same. No general sale of gasoline and oil is permitted.
All auto sales permitted as a special exception in a C-1 or C-2 Zone
shall comply with the following standards as well as the standards
set forth in the special exception regulations:
(1)
Minimum lot frontage: 125 feet.
(2)
Minimum lot depth: 200 feet.
(3)
Minimum lot area: 30,000 square feet.
(5)
Maximum building height for the principal building:
two stories and 35 feet.
(6)
Maximum building coverage: 20%.
(7)
Minimum parking requirements:
(a)
Employees and customers: one space for every
300 square feet of building floor area.
(b)
Outside display: a minimum of 2,000 square feet
of exterior display parking area. The parking area size requirement
of 200 square feet per parking space shall not apply to outside display
parking area. The maximum exterior display parking shall not exceed
20% of the gross area of the lot.
(c)
Inside display: a minimum area of 1,000 square
feet of interior parking display area. The parking area size requirement
of 200 square feet per space shall not apply to interior display parking
area.
Building coverage shall not exceed 50%. No structure
or active operation shall be located closer than 20 feet to an R or
I District. Reasonable protection shall be provided for the natural
and man-made environment. Screening and fencing shall be provided
for general protection. Protection shall be provided against noise,
glare, heat, vibration and emissions beyond the property lines of
the particular use.
Junkyards may be permitted as a special exception
use within an M-1 District under conditions that the parcel of land
in which the junkyard is proposed to be located does not abut any
existing residential lot, that the operation can be effectively screened
from public streets and adjacent uses and that the materials, storage
and salvage operation shall be designed and conducted so as not to
create any adverse affects upon adjacent properties. The minimum lot
size required to establish a junkyard in the M-1 District is 10 acres.
The minimum front yard setback required for storage and operation
activities shall be 40 feet. The minimum side and rear yard setbacks
required for storage and operation activities shall be 20 feet, A
fence with a minimum height of 10 feet shall be provided to totally
enclose and screen the operation from adjacent properties.
It is the objective of this chapter to encourage
the orderly development of new commercial, industrial and other nonresidential
parcels in a manner which will provide for proper access and reduce
traffic conflicts and provide for the health, welfare, safety and
aesthetic enjoyment of the population of the Borough. This shall be
accomplished as follows:
A.
The design of streets, service drives and pedestrianways
shall provide for safe, convenient and hazard-free internal circulation
of goods, persons and vehicles.
B.
Nonresidential parcels shall be limited to no more
than two driveway access points from each street or highway from which
they derive their principal access, and such driveway access points
shall not be more than 40 feet wide and shall be designed in a manner
which will minimize their interference with any traffic movements
on the street or highway.
C.
New or converted commercial structures in the C-1,
C-2 or C-1A District shall either be physically connected to any adjoining
structures located on the same or adjacent lots or, if not physically
connected, shall be located at a distance of at least 10 feet from
such adjoining structures.
D.
Where a number of individual parcels or buildings
are being developed jointly or where a parcel or building is being
developed adjacent to another parcel used or suitable for nonresidential
development, the plan shall ensure that the following criteria shall
be complied with:
(1)
The location and planning of driveway access points
to permit their joint use by adjoining parcels so as to minimize the
number of intersections with the street or highway from which they
derive their access.
(2)
The development of parking and loading area which
permits convenient traffic circulation between adjoining parcels.
(3)
The development of pedestrian walkways between adjoining
parking areas and buildings.
(4)
The provisions of landscaping, screening and other
features which will enhance the character and attractiveness of the
area.
A.
Excavation or filling in connection with development.
The altering of the natural surface of the earth by excavation or
filling, in connection with anything other than the excavation of
a basement or footer for a structure, shall require the submission
of an erosion and sedimentation control plan that addresses the site
before and after construction. Said plan shall be designed by a licensed
engineer and approved by the Soil Conservation District.
B.
General requirements.
(1)
Any excavations for the removal of topsoil or other
earthy products must be adequately drained to prevent the formation
of pools of water. The Zoning Hearing Board may require that such
an excavation be enclosed by a fence if it is deemed to be a menace
to the public health, safety and welfare. Such excavations shall be
graded to avoid the creation of open pits, holes or depressions which
are below the elevation of adjacent roadways.
(2)
Unless specifically permitted by the Zoning Hearing
Board, open excavations shall not be maintained, except those excavations
made for the erection of a building or structure for which a permit
has been issued.
(3)
The dumping of earth, gravel, rock or other materials
not subject to decay or noxious or offensive odors shall not be permitted
in any zone or on any vacant land except by permit. In any event,
the existing grade shall not be raised more than three feet above
the nearest road, and hazardous or nuisance conditions and an unsightly
appearance or unstable slopes shall not be created. The dumping of
materials subject to decay, noxious or offensive materials or junk
shall not be permitted in any district.
(4)
Excavations shall be only by permit, which shall be
issued only when shown not to be detrimental to the neighborhood or
the objectives of this chapter. Excavations may not be permitted to
remain as a scar to the land and must be contoured and seeded to restore
to contour with surrounding land.
(5)
A maximum of thirty-percent graded incline or decline
shall be permitted in relationship to existing adjoining property
grades after excavation.
(6)
The excavation or filling of any part of a lot by
three feet or more shall require a zoning permit.
(7)
No excavation of natural features and archaeological
sites shall be permitted upon the written findings of discovery of
the Zoning Officer, two members of the Planning Commission and one
member of the Borough Council that significant natural features or
an archaeological site of importance exists, in which case work will
cease until an environmental impact study is filed with the Zoning
Hearing Board. Sites that contain features not common to surrounding
properties and evidence of pre-1800 habitation shall constitute significant
reasons for requiring an environmental impact study. Such study shall
be authorized by individuals who are properly qualified.
All commercial and industrial lighting should
meet the following objectives:
A.
No glare.
B.
No light sources should be exposed to the eye except those covered by globes. The total area lighted shall not exceed that as shown in § 157-88.1 below.
C.
Other lighting should be indirect or surrounded by
a shade to hide visibility of the light source.
D.
Excessive glare should be measured by the standard
of nuisance value to adjacent residences, hospital, hotels and motels.
E.
Lighting design shall become an inherent part of the
architectural design.
F.
The above lighting requirements apply to both area
lighting purposes and illuminated signs.
G.
A parking area for a single-family dwelling does not require lighting.
[Added 5-19-2015 by Ord.
No. 1281, approved 5-19-2015]
A.
Purpose. The purpose of this section is to regulate
the spillover of light and glare on operators of motor vehicles, pedestrians
and land uses in the proximity of the light source. With respect to
motor vehicles in particular, safety considerations form the basis
of the regulations contained herein. In other cases, both the nuisance
and hazard aspects of glare are regulated. This section is not intended
to apply to public streetlighting.
B.
CANDLEPOWER
CUTOFF
CUTOFF ANGLE
CUTOFF-TYPE LUMINAIRE
FOOTCANDLE
GLARE
LUMINAIRE
MAXIMUM PERMITTED ILLUMINATION
Definitions. As used in this section, the following
terms shall have the meanings indicated:
The amount of light that will illuminate a surface one foot
distant from a light source to an intensity of one footcandle. Maximum
(peak) candlepower is the largest amount of candlepower emitted by
any lamp, light source or luminaire.
The point at which all light rays emitted by a lamp, light
source or luminaire are completely eliminated (cut off) at a specific
angle above the ground.
The angle formed by a line drawn from the direction of light
rays at the light source and a line perpendicular to the ground from
the light source, above which no light is emitted.
A luminaire with elements, such as shields, reflectors or
refractor panels, which direct and cut off the light at a cutoff angle
that is less than 90º.
A unit of illumination produced on a surface, all points
of which are one foot from a uniform point source of one candle.
The brightness of a light source which causes eye discomfort.
A complete lighting unit consisting of a light source and
all necessary mechanical, electrical and decorative parts.
The maximum illumination, measured in footcandles, at the
interior buffer yard line at ground level in accordance with the standards
below.
C.
The following standards are required of all exterior
lighting, except the outdoor recreational uses specifically exempted
below. Many uses have the option of providing a lower light post with
a non-cutoff-type luminaire or with a luminaire that totally cuts
off light spillover at a cutoff angle less than 90º.
[Amended 1-3-1995 by Ord. No. 1026,
approved 1-3-1995]
(1)
Exterior lighting shall meet one of the following
standards:
(a)
When a light source or luminaire has no cutoff
and is located in a residential district or adjacent to a residential
use:
|
Maximum Permitted Illumination at the
Property Line
(footcandles)
|
Maximum Permitted Height of Luminaire
(feet)
|
|---|---|
|
0.20
|
10
|
|
0.20
|
15
|
|
0.30
|
20
|
(b)
When a light source or luminaire has not cutoff
and is located in a commercial or industrial district:
|
Maximum Permitted Illumination at the
Property Line
(footcandles)
|
Maximum Permitted Height of Luminaire
(feet)
|
|---|---|
|
1
|
10
|
|
2
|
15
|
|
3
|
20
|
|
An illustration of one type of this luminaire
is provided below.
c1b.tif.png) Commentary. Exterior lighting fixtures frequently
produce unsightly glare. At times, the glare may even result in a
safety hazard. The standards imposed by this section are designed
to reduce the hazard and nuisance of these fixtures.
|
(2)
When a luminaire has a total cutoff of an angle
greater than 90º, the maximum illumination at the property line
and the maximum permitted luminaire height shall be:
(a)
In residential districts or adjacent to residential
uses or districts:
|
Maximum Permitted Illumination at the
Property Line
(footcandles)
|
Maximum Permitted Height of Luminaire
(feet)
|
|---|---|
|
0.3
|
15
|
|
0.5
|
20
|
(b)
In C-1, C-2, C1-A, I-U, I-M, M-1 and S-1 Districts,
light standards equipped with a total cutoff angle of less than 90º:
|
Maximum Permitted Illumination at the
Property Line
(footcandles)
|
Maximum Permitted Height of Luminaire
(feet)
|
|---|---|
|
2.0
|
15
|
|
4.0
|
20
|
|
2.0
|
30
|
|
An illustration of this type of luminaire is
provided below.
c2b.tif.png) Commentary. This standard is designed to ensure
that no light is emitted above a horizontal line parallel to the ground.
In order to achieve total cutoff at 90º, such a luminaire shall
emit maximum (peak) candlepower at an angle not exceeding 75º
This angle is formed by the line at which maximum candlepower is emitted
from the light source and a line perpendicular to the ground from
the light source.
|
(3)
Exemption for specified outdoor recreational
uses.
(a)
Because of their unique requirements for nighttime
visibility and their limited hours of operation, ball diamonds, playing
fields and tennis courts are exempted from the exterior lighting standards
of the subsection above. These outdoor recreational uses must meet
all other requirements of this section and of this chapter.
(b)
The outdoor recreational uses specified above
shall not exceed a maximum permitted post height of 80 feet.
(c)
The outdoor recreational uses specified above
may exceed a total cutoff angle of 90º, provided that the luminaire
is shielded to prevent light and glare spillover to adjacent residential
property. The maximum permitted illumination at the interior buffer
yard line shall not exceed two footcandles.
D.
Additional regulations. Notwithstanding any other
provision of this section to the contrary:
(1)
No flickering or flashing lights shall be permitted.
(2)
Light sources or luminaires shall not be located
within buffer yard areas except on pedestrian walkways.
(3)
In no case shall any exterior light fixture
have a lighting intensity that exceeds 60 footcandles, measured at
its point of peak candlepower.
E.
Measurement.
(1)
Metering equipment. Lighting levels shall be
measured in footcandles with a direct-reading, portable light meter.
The meter shall have a color and cosine-corrected sensor with multiple
scales and shall read within an accuracy of plus or minus 5%. It shall
have been tested, calibrated and certified by an independent commercial
photometric laboratory or the manufacturer within one year of the
date of its use.
(2)
Method of measurement. The meter sensor shall
be mounted not more than six inches above ground level in a horizontal
position. Readings shall be taken by qualified personnel only after
the cell has been exposed long enough to provide a constant reading.
Measurements shall be made after dark with the light sources in question
on, then with the same sources off. The difference between the two
readings shall be compared to the maximum permitted illumination at
the property line at ground level. This procedure eliminates the effects
of moonlight and other ambient light.
F.
Exterior lighting plan. At the time any exterior lighting
is installed or substantially modified and whenever a zoning certificate
is sought, an exterior lighting plan shall be submitted to the Zoning
Officer in order to determine whether the requirements of this section
shall be met.
A.
Auto service stations, which are permitted in the
C-1, C-2 and M-1 Districts, shall not be located within a distance
of 1,500 feet, measured along the street center line, of any existing
or approved auto service station.
B.
No gasoline service station or automobile repair shop
shall have an entrance or exit for vehicles within 200 feet, as measured
along the public street, of a place in which there exists a school
or public library, and such access shall be not closer to the intersection
of any two street lot lines than 30 feet.
C.
No gasoline filling station or parking garage shall
be permitted where any oil drainage pit or visible appliance for any
such purpose is located within 12 feet of any street lot line or within
25 feet of any R-District, except where such appliance or pit is within
a building. Rest room areas shall be screened from the street.
The sizes of lots specified in Articles IV and V shall apply in all cases except where such lots are not served with public sewer and/or water facilities. In such cases, the requirements of the Pennsylvania Sewage Facilities Act, Act No. 537,[1] shall apply.
[1]
Editor's Note: See 35 P.S. § 750.1
et seq.
All structures permitted under this chapter
shall be adequately maintained and painted to avoid their deterioration
or decay, collection of debris or other conditions which might endanger
the public health, safety and welfare.
A.
The surface area of any yard or open space adjacent
to a building or structure shall be graded so that surface water will
be drained away from any structure.
B.
Any new development on a ten-percent slope shall be
required to file and have approved a stormwater control mechanism
that will control runoff rates that are at a minimum equal to the
predevelopment rates. Also required is an erosion and sedimentation
control plan that has been approved by the Borough.
All residential structures located in the R-1
and S-1 Districts shall be served with underground utility lines.
A.
Yard screening shall be provided along the boundaries
of any manufacturing or commercial use or off-street parking lot and
on any special exception use where such screening is required. Such
screening shall consist of a visual screen or obstruction of suitable
shrubs, hedges, fences or walls at least three feet high. Proposals
for such screening shall be reviewed by the Planning Commission, and
where such screening does not effectively buffer the residential use
from said adjoining use, the Zoning Hearing Board may require additional
screening to comply with the objectives of this chapter.
B.
Fences, walls, shrubs or hedges under six feet tall
may be located in any yard or court and shall be maintained in good
condition. Suitable trees and other plant material designed to enhance
the livability and attractiveness of any lot shall also be located
in any yard or court.
In any business district, the outdoor sale of
vending machine products is limited to one machine per establishment.
In no case are any vending machines permitted to be located within
the public right-of-way.
A.
Exterior walk-up tellers.
(1)
General requirements.
(a)
No more than one ATM shall be permitted on one
parcel.
(b)
All construction and modifications to the exterior
of the building pertaining to the installation of an ATM shall be
completed in a manner consistent with the architectural design of
the building.
(c)
No ATM shall be located so as to eliminate or
substantially reduce any existing landscaped areas.
(d)
Each ATM shall be provided with night and security
lighting.
(e)
Each exterior ATM shall be provided with a trash
receptacle to accommodate trash and smoking materials generated by
users of the ATM.
(2)
Setback requirements.
(a)
An ATM shall not be installed within a street
or alley facing an exterior wall unless it is set back from the street
or alley not less than seven feet. Such setback shall include a minimum
three-foot landscaped planter with raised six-inch curbing on either
side.
(b)
Waiting and privacy areas. In addition to a
privacy area in front of the automatic teller machine of five feet
wide by four feet deep, each exterior walk-up ATM shall be provided
with a queuing lane measuring 12 feet long by three feet wide for
customers waiting. Such privacy and waiting areas shall be exclusive
of pedestrian circulation lanes on public sidewalks and of building
ingress and egress points.
(3)
Parking requirements. When parking exists in connection with other uses on the site, additional off-street parking for the ATM shall not be required, provided that the existing parking is no further than 100 feet. If parking is required because it does not meet the distance condition listed above, then four off-street parking spaces shall be required. Parking space design shall conform to §§ 157-64, 157-65 and 157-66 of this Zoning Chapter.
B.
Interior mechanical tellers. Mechanical tellers that
are located in the lobby or vestibule area of a banking facility shall
be permitted as an accessory use and shall not require any special
zoning requirements other than a zoning permit.
C.
Freestanding drive-through mechanical tellers.
(1)
General requirements.
(a)
Drive-through ATM's shall be designed so that
at least four cars (60 feet) can be in a waiting line without encroaching
on the public right-of-way.
(b)
The drives shall be, at a minimum, eight feet
wide, curbed, paved and marked in order to control the traffic flow.
Ingress and egress design and paving specifications shall be approved
by the Borough Engineer.
(c)
At least 150 square feet of landscaping shall
be provided around any ATM. Planting shall be harmonious with the
architectural design and site location. All landscaping shall be maintained
in a neat, clean, healthy condition. Maintenance shall include proper
pruning, mowing, disease and rodent control, weeding, litter removal,
fertilizing, watering and replacement as necessary.
(2)
Setback requirements. Setbacks, at a minimum, shall
meet the minimum requirements for permitted structures in that district.
Application for any conditional uses permitted
by this Zoning Chapter will be made to the Zoning Officer, who shall
refer such applications to the Planning Commission at least 10 working
days prior to the Planning Commission's next regularly scheduled meeting.
The Planning Commission will review the application and submit its
recommendation to the Council for approval or denial. The recommendations
of the Planning Commission and the decision of the Council shall be
based on but not limited to the following standards and criteria:
A.
Compatibility. The proposed use will be reviewed as
to its relationship to and effect upon surrounding land uses and existing
environmental conditions regarding the pollution of air, land and
water; noise; potential of hazards and congestion; and illumination
and glare, limited to restrictions to natural light and circulation
of air.
B.
Purpose. It will be reviewed as to the intended purpose
of the proposed use as it relates to the Borough's development objectives
established in the Comprehensive Plan.
C.
Suitability. The nature of the activity and the population
served, the numbers of participating population, the frequency of
use, the adequacy of space and spatial requirements and the potential
generation of and impact on congestion will be reviewed as suitably
related to the proposed location of the potential use.
D.
Accessibility. Ingress and egress to the site of the
proposed use, circulation and movement of pedestrian and vehicular
traffic, parking requirements and accessibility to the existing and
proposed Borough street system will be reviewed. Section D106 of the
International Fire Code, 2000 Edition, pertaining to means of ingress
and egress for fire apparatus, shall apply to all land developments
within the Borough.
[Amended 8-1-2000 by Ord. No. 1104,
approved 8-1-2000]
E.
Serviceability. Reviews will be made as to the adequacy
and availability of utility services and facilities, such as sanitary
and storm sewers, water and trash and garbage collection and disposal,
and the ability of the Borough to supply such services.
F.
Applicability. The proposed use will be reviewed as
to its application to and coordination with the planning policies
of the Borough and its Comprehensive Plan and plans for land uses,
highways, schools, parks, sewers, water distribution and population
growth.
G.
Timing. The developer shall include in the application
a schedule of completion, including the timing of various phases of
the planned residential development. The approval of the project will
be based on said schedule, and any changes or extensions beyond the
dates indicated will require review by the Planning Commission and
approval by the Borough Council.
Condominium additions and accessory structures
of condominiums shall be treated as one owner of the building. Applicants
shall provide a letter from the homeowners' association stating that
there are no objections to the addition to the condominium or placement
of an accessory structure.
Any development other than a single-family house on an individual lot shall be considered a land development. All requirements of Chapter 140, Subdivision of Land, must be met by the applicant.
Sidewalks, according to the specifications contained in Chapter 140, Subdivision of Land, shall be required along public streets in any land development.
Whenever a zoning permit is issued for the new
construction of a building or any renovation or addition that requires
the entrance of anything heavier than a three-fourths-ton pickup truck,
a construction entrance shall be created by the applicant. Such construction
entrance shall be at least six inches of PennDOT No. 4 coarse aggregate
at least 15 feet wide by 20 feet deep.
[Added 8-25-1994 by Ord. No. 1016,
approved 8-25-1994]
The purpose of this section is to permit shopping
centers in the C-1 and C-2 Districts as a conditional use subject
to the following standards and criteria:
A.
Bulk regulations. Bulk regulations shall be as follows:
(1)
Minimum lot area: five acres.
(2)
Minimum lot frontage on any right-of-way providing
access to the shopping center: 200 feet.
(3)
Minimum yards: front, 20 feet; rear, 50 feet;
and each side, 50 feet. (NOTE: No outside storage or sales area shall
be located within any yard setback area.)
(4)
Maximum building coverage: Forty percent.
(5)
Maximum building height: Number of stories,
three; feet, 45.
(6)
Maximum impervious surface: Seventy-five percent.
(7)
Minimum open space: Five percent.
(8)
Minimum off-street parking: One space per 250
square feet of gross floor area.
B.
Design requirements.
(1)
Plans shall be submitted for full development
(no phasing of plans even though construction may be phased).
(2)
All points of ingress and egress (two minimum)
shall be fully curbed and channelized to a minimum depth of 100 feet
inside the property line or as may be required by the Pennsylvania
Department of Transportation (PADOT).
(3)
Interior drives shall be a minimum of 25 feet
in width and shall have curbs, where required, for safe interior circulation.
(4)
All off-street loading shall be located separately
from parking areas and shall provide its own means of ingress and
egress. Access to and from the off-street loading area shall be routed
separately at the perimeter of the property to eliminate conflict
with passenger vehicle and pedestrian traffic.
(5)
Adequate capacity for public water and public
sanitary sewer connections shall be available.
(6)
Firesafety lanes shall be provided around 100%
of the perimeter of all buildings.
(7)
All area not used for buildings, parking or
loading shall be fully landscaped, except phasing areas for future
building construction, provided that the construction phasing is completed
within one year of the issuance of the initial building permit.
(a)
Any part or portion of any size which is not
used for buildings, other structures, loading or parking spaces and
aisles, sidewalks and designated storage areas shall be landscaped
with trees and shrubs in accordance with an overall landscape plan
and shall be in keeping with natural surroundings. A replacement program
for nonsurviving plants shall be included.
(b)
Any single parking area with 20 or more spaces
shall utilize at least 5% of its area in landscaping, which shall
be in addition to open space area requirements.
(8)
A complete traffic impact study is required,
including recommendations for traffic control, acceleration-deceleration
lanes, complete peripheral curbing and street widening. Off-site improvements
recommended in the traffic study or as otherwise may be required shall
be implemented by the developer at his/her sole expense.
(9)
In addition, the Borough Council and the Planning
Commission may require such other design criteria to assure safety,
compatibility of the site and harmony with the character of the neighborhood.
(10)
Internal pedestrian walkways shall be provided
from all parking areas and tied into external walkways in a manner
which will provide safe ingress and egress for pedestrian traffic.
C.
Landscape requirements.
(1)
Street frontage landscaped planting strips.
(a)
A planting strip will be provided along all
property lines where street rights-of-way abut the parking area. Landscaped
planting strips may include earth berms, planter boxes, fences, walls
or hedges in combination with canopy trees and plantings and must
be provided within the property boundaries. Fences, walls and hedges
need not be solid.
(b)
The minimum width of the landscaped planted
strip, regardless of the required setback for structures, is 15 feet
between the right-of-way and the parking area.
(c)
For every 35 linear feet of right-of-way frontage
(of parking area) or part thereof, at least one shade, ornamental
or canopy tree will be planted within the yard setback. Existing trees
may be counted towards this, and spacing of trees may be varied; however,
the spacing between trees or groupings of trees shall not exceed 40
linear feet.
(2)
Perimeter boundary landscaping or screening.
(a)
All parking areas will have a visual screen
on each perimeter property line abutting a residential zone district
or use. All edges of parking areas, not coinciding with a property
line, which are adjacent to residential buildings, shall have a landscaped
strip at least 10 feet wide, planted, bermed and/or fenced in such
a manner as to protect ground and/or below ground level windows from
headlight glare and the direct emission of vehicle exhaust. A "visual
screen" means a fence or wall, an earth berm and plantings, plantings
of trees and shrubs or any combination of the above.
(b)
Fences or walls must be accompanied by at least
one tree per 35 linear feet of fence or wall. These trees may be grouped
and existing trees counted towards satisfying this requirement.
(3)
Internal parking area landscaping.
(a)
Parking areas with 100 or fewer spaces.
[1]
At least 5% of the square footage
of the surface area of parking stalls in the double loaded rows (exclusive
of circulation) must be landscaped, including at least one shade or
canopy tree for every 50 linear feet of double loading.
(b)
Parking areas with more than 100 spaces.
[1]
At least 5% of the parking area, as calculated in Subsection C(3)(b)[2] below, must be landscaped.
[2]
The average width multiplied by
the average length of the parking area shall be used to compute the
size of the parking area. All measurements will be made between the
edges of the parking area surfacing adjoining a planting strip or
perimeter landscaping and will not include structures.
[3]
Up to 33% of the internal planting
area may be transferred and planted along the front or perimeter edges
of the parking area. This planting is in addition to the requirements
for frontage and perimeter landscaping above.
[4]
For every 200 square feet or part thereof of internal landscaping as required under Subsection C(3), Internal parking area landscaping, at least one shade or canopy tree and eight shrubs must be planted. Every planting area shall be covered by ground cover (exclusive of trees and shrubs).
[5]
Landscaped islands must be provided
at maximum intervals of every 20 contiguous parking spaces.
D.
Standards.
(1)
Plant material standards.
(a)
No artificial trees, shrubs, turf or plants
may be used to fulfill the landscaping requirements.
(b)
Planting areas must be covered by ground covers,
stone, mulch or low growing shrubs.
(c)
Nonlive ground covers may include gravel, stone,
mulch, tree bark, decorative rock or bricks, interlocking block or
other decorative pavement but may not include plain asphalt paving
or plain concrete. Where live ground covers are used exclusive of
nonlive ground covers, herbaceous ground covers must be planted no
more than three feet on center and shrubs no more than five feet on
center. Live ground cover includes grass and pachysandra.
(d)
All material must be designed and planted in
accordance with industry standards.
(e)
Conditions.
[1]
All materials planted under these
provisions must meet the following conditions:
[a]
Deciduous trees are at least two-inch
caliper measured four inches above the ground.
[b]
Ornamental and flowering trees
are at least one-and-one-half-inch caliper measured four inches above
the ground.
[c]
Evergreen trees are at least five
feet tall.
[d]
Evergreen spreaders and broadleaf
evergreens are five-gallon size, with spreads no less than 18 to 24
inches.
[e]
Shrubs are five-gallon size, with
heights no less than two to three feet.
[f]
Vines are one gallon in size.
[2]
In addition to the above requirements,
all plant materials must meet the current standards of the American
Association of Nurserymen.
(f)
Development plans shall show the location of
all existing trees of a caliper size of four inches or greater.
(g)
Planting strips or areas, walkways, fences,
walls or hedges must be protected from vehicles and maintenance equipment
by curbs, bollards, wheel stops, headers or other means.
(2)
Recommended plant materials.
(a)
All planting in the public right-of-way along
state highways will be done in accordance with the applicable rules
and regulations of the Pennsylvania Department of Transportation and
will be part of the review process for any required PADOT permit.
(b)
Plant materials specified must be suited to
the East Stroudsburg climate and suitable for the conditions of the
area.
(c)
A "shade or canopy tree" means a deciduous tree
with branches high enough to not obstruct vehicle movement.
(3)
Fences, planter boxes and walls. Fences, planter
boxes and walls must be of wood, brick, masonry or textured or aggregate
concrete, but not including corrugated or sheet metal, tires, car
doors or other discarded materials. Chain link or wire mesh may be
used only in combination with plant material of sufficient density
to create a screen.
(4)
Heights. Except as otherwise provided in Chapter 157, Zoning, the following heights will be applied to plantings (exclusive of trees and three years after installation), fences, planter boxes, walls, hedges and earth berms:
(a)
At least three feet in height but not to exceed
four feet along all lot lines abutting street rights-of-way (exclusive
of alleys).
(b)
At least three feet in height but not to exceed
six feet along lot lines not abutting street rights-of-way.
(c)
At least three feet in height but not to exceed
three feet six inches (42 inches) within the triangle measured from
the point of intersection of the lot lines abutting intersecting streets,
a distance of 25 feet along each front lot line, unless otherwise
specified by the Zoning Officer.
(d)
Solid fences, hedges or walls along lot lines
abutting street rights-of-way must not exceed three feet in height.
(5)
Visual screens and front planting strips. Visual
screens and front planting strips must be of a design and density
to screen adjacent residences and rights-of-way from headlight glare
and movement of traffic generated by vehicles using the parking area.
(6)
Walkways. Walkways must have a minimum effective
(i.e., exclusive of vehicle overhang) width of five feet.
(7)
Maintenance.
(a)
The owner of the property, his successors, heirs
and assignees are responsible for the proper maintenance of the landscaped
area and parking lot subject to the approved landscape plan.
(b)
Landscaping must be continuously maintained,
including necessary watering, weeding, pruning, pest control and replacement
of dead or diseased plant material. Replacement of dead or diseased
plant material shall be of the same type of plant material as set
forth in the approved landscape plan. Replacement shall occur in the
next planting season, but in any event, replacement time must not
exceed one year.
[Added 12-16-1997 by Ord. No. 1066,
approved 12-16-1997]
The purpose of this section is to permit places
of worship in the R-2 or R-3 Districts as a conditional use subject
to the following standards and criteria.
C.
Landscape requirements.
(1)
When a property used for a place of worship
abuts a residential property, a buffer area shall be provided. This
buffer shall consist of a landscaping screen. The buffer area shall
be composed of plants and trees arranged to form both a low-level
and high-level screen. The high level screen shall consist of trees
planted with specimens of at least four feet in height, and planted
at intervals which will provide an overlapping foliage screen at maturity
with a minimum mature height of 15 feet. The low level screen shall
be placed in alternating rows to produce a more effective barrier.
All plants not surviving two growing seasons after planting shall
be replaced. Any buffer area shall be a minimum of 10 feet wide. All
planting and screening shall be on the applicant's property.
(2)
The Zoning Code requirements of a ten-foot landscaped
buffer along public streets shall apply.
(3)
Pavement shall be a least 10 feet away from
any residential property.
[Added 5-19-1998 by Ord. No. 1072,
approved 5-19-1998]
The purpose of this section is to regulate gambling
or off-track betting establishments in the C-2 District as a conditional
use, subject to the following standards and criteria:
A.
Such establishment shall not abut any residential
district or any property whose use is principally residential.
B.
Such establishment shall not be located within 600
feet of any parcel of land which contains any one or more of the following
specified land uses:
(1)
Amusement park or any public recreational use.
(2)
Child-care facility, including medical offices,
(pediatricians) and day-care centers.
(3)
Church, synagogue or mosque or other similar
religious facility.
(4)
Community centers.
(5)
Libraries.
(6)
Parks.
(7)
Playgrounds.
(8)
Schools or educational facilities.
C.
The distance between any such gambling or off-track betting establishment and any of the protected land uses specified at Subsections A and B(1) through (8) above shall be measured in a straight line, without regard to intervening structures, from the closest point of the property or lot line on which such establishment is located to the closest point on the property line of such protected land use.
D.
Off-street parking shall be provided at the rate of five spaces per each 100 square feet of floor area open to customers of such gambling or off-track betting establishment. The Zoning Code requirement for off-street parking for such accessory uses associated with such establishment, such as theaters and restaurants, shall meet the requirements as contained in §§ 157-64 and 157-65.
E.
The proposed establishment will not be detrimental
to the use of adjoining properties due to hours of operation, light
and/or litter.
F.
The proposed establishment will not constitute a nuisance
due to noise or to loitering outside the building.
G.
A working plan for the cleanup of litter shall be
furnished and implemented by the applicant.
H.
A traffic analysis of the impact of the proposed facility,
compiled by an engineer whose major activity is traffic analysis,
shall be submitted. Traffic shall have no adverse impact on existing
residential, industrial or commercial uses.
I.
The application shall be accompanied by a plan containing substantially the same information and meeting the same standards as that required for a land development plan under Chapter 140, Subdivision of Land.
J.
All gambling and off-track betting establishments
shall comply with all laws, rules and regulations of the United States
of America, the Commonwealth of Pennsylvania and their respective
agencies and instrumentalities and of the Borough pertaining thereto.
[Added 9-3-2002 by Ord. No. 1129,
approved 9-3-2002]
A.
The purpose of a traffic impact study is to evaluate
the proposed development's impact on the level of service (LOS). The
LOS shall not be lowered, and it is the applicant's responsibility
to achieve this goal through on-site improvements and other improvements
to publicly owned property such as traffic lights and other traffic
control devices. LOS ranges from "A" (free flow of traffic with minimum
intersection delay) to "F" (forced flow, jammed intersections, long
delays).
B.
A traffic impact study is required for any new land
development or commercial addition greater than 1,000 square feet
or occupancy based on the Borough's Building Code of 50 or more people.
(1)
A traffic study shall be prepared by a qualified
individual or firm that has professional experience in preparing traffic
impact studies.
(2)
The Borough may, at the applicant's expense,
hire a qualified individual or firm to review the submitted study.
(3)
The study shall show:
(a)
The proposed development, type and size of the
use.
(b)
The primary traffic impact hours for the use.
(c)
The study area in which traffic analysis was
conducted.
(d)
The proposed access locations.
(e)
The road network in the study area.
(f)
The nearby intersections and types of traffic
controls.
(g)
The adjacent streets describing widths and parking
characteristics.
(h)
The peak hour and day traffic volumes, including
information on trucks or school buses, before and after, development
of the site.
(i)
The gap or queue length studies, estimating
time to get in and out of the site during peak days and hours.
(j)
The internal site features, such as driveways,
stacking space for drive-in uses, site distances, parking layouts
and adequacy of supply, internal traffic circulation and loading facilities.
(k)
The plans or programs to mitigate potential
traffic problems in order to keep the same LOS or to provide the best
LOS as possible.
(l)
The summary of the impact of the proposed development
on existing traffic levels and traffic safety and any recommended
change in the proposed development to reduce or offset negative traffic
impacts in order to keep at least the same or better LOS.
[Added 9-3-2002 by Ord. No. 1129,
approved 9-3-2002]
The purpose of this section is to regulate primary
and secondary schools in the I-E District as a conditional use, subject
to the following standards and criteria:
A.
Bulk regulations. Bulk regulations shall be as follows:
(1)
Minimum lot area: 20 acres.
(2)
Lot dimensions: minimum width, 1,000 feet, minimum
depth, 1,000 feet.
(3)
Minimum yards: front, 25 feet; rear, 25 feet,
and each side, 10 feet. (NOTE: Where any yard abuts a residential
zone, the minimum yard shall be equal to the highest building elevation
at the closest location to the residential district plus the required
yard.)
(4)
Maximum building coverage: 40%.
(5)
Maximum building height for the principal structure:
80 feet.
B.
Design requirements.
(1)
A traffic study is required. Such study shall
be done by individuals qualified in the field of traffic engineering
and shall address all functions of vehicle ingress and egress as well
as internal flow of vehicles.
(2)
All points of ingress and egress (two minimum)
shall be fully curbed and channelized.
(3)
Interior drives shall be a minimum of 25 feet
in width and shall have curbs, where required by an internal traffic
study.
(4)
All requirements of the East Stroudsburg Land
Development and Zoning Codes shall be met. In addition, the following
specific requirements shall be met.
C.
Parking requirements.
(2)
Overflow parking.
(a)
Overflow parking lots may be permitted at any
use that requires more than 100 parking spaces. Overflow parking lots
may not be used more than five times during the calendar year. Overflow
parking lots shall only be used for passenger vehicles. Overflow parking
lots shall not be available for use by tractor-trailers, recreational
vehicles or recreational trailers. No overflow parking shall be used
until all permanent parking is filled.
(b)
Applicants for overflow parking shall show that
each overflow parking lot can accommodate at least 50 vehicles in
conformance with the standards of the off-street parking requirements
of this section. Applicants shall show on the space designated for
overflow parking the aisles and parking stalls delineated in agreement
with the size standards for a parking lot.
(c)
An overflow parking lot may be paved and used
for school activities other than parking.
(d)
For every 50 cars permitted in the overflow
parking lot, two attendants shall be provided to direct traffic in
and through the site ensuring that all vehicles are parked in a stall
and that aisles are maintained. Attendants shall be required to work
at the overflow parking lot prior to the starting time of an event
and shall continue to work until the parking lot is cleared or there
are no patrons of the event remaining in the parking lot area.
(e)
All overflow parking that will be used after
dark shall be provided with lighting maintaining a light level of
at least 0.3 footcandles.
(f)
In addition to all permits required by this
section, use of an overflow parking lot shall require submission of
an application for a permit to use the overflow parking lot. The application
for use of an overflow parking lot shall be submitted to the Borough
Zoning Office and will be on a form as prescribed by the Borough of
East Stroudsburg with a fee in conformance with the Borough's fee
schedule. The application for a permit to use the overflow parking
shall be submitted at least 30 calendar days prior to the use of the
overflow parking lot.
D.
Buffering and landscape requirements.
(1)
Landscaping for parking areas shall be in accordance with § 157-100.2C through 157-100.2D(7) of this chapter.
(2)
Function and materials. Buffering shall provide
a year round visual screen in order to minimize adverse impacts from
site on an adjacent property or from adjacent areas. It may consist
of fencing, evergreens, berms, rocks, boulders, mounds, architectural
walls or combinations thereof to achieve the stated objectives.
(3)
Buffering shall be required when topographical
or other bathers do not provide reasonable screening and when the
Planning Commission determines that there is a need to shield the
site from adjacent properties and to minimize adverse impacts such
as incompatible land uses, noise, glaring light and traffic.
(4)
Where required, buffers shall be measured from
the side and rear property lines, excluding access driveways.
(5)
Where more intense land uses abut less intensive
uses, a buffer strip 10 feet, but not to exceed 10% of the lot area,
in width shall be required.
(6)
Parking areas, garbage collection and utility
areas and loading and unloading areas should be screened around their
perimeter by a buffer strip a minimum of five feet wide.
(7)
Design. Arrangement of plantings in buffers
shall provide maximum protection to adjacent properties and avoid
damage to existing plant material. Possible arrangements include planting
in parallel, serpentine or broken rows. If planted berms are used,
the minimum top width shall be four feet, and the maximum side slope
shall be 2:1.
(8)
Planting specifications. Plant materials shall
be sufficiently large and planted in such a fashion that a screen
at least eight feet in height shall be produced within three growing
seasons. All plantings shall be installed according to accepted horticultural
standards.
(9)
Maintenance. Plantings shall be watered regularly
and in a manner appropriate for the specific plant species through
the first growing season, and dead or dying plants shall be replaced
by the applicant during the next planting season. No buildings, structures,
storage of materials or parking shall be permitted within the buffer
area; buffer areas shall be maintained and kept free of all debris,
rubbish, weeds and tall grass.
E.
Change of character of school.
(1)
Whenever a secondary school is changed to a
primary school or a primary to a secondary, a conditional use hearing
is required to determine the adequacy of the level of service for
traffic. A traffic study is required with particular emphasis on the
ability of the student dropoff area to handle the anticipated levels
of service. Additional queue areas or traffic holding areas or other
on-site changes may be required to enable the level of service to
be the best it can be.
[Added 5-15-2007 by Ord. No. 1191, approved 5-15-2007]
A.
Cluster development. An arrangement of single-family
detached residential structures that allow the grouping of structures
by reducing lot area and yard requirements and incorporating the remaining
area as open space. In order to provide flexibility in designing a
land development, the development may include open space preserved
for the use by the development's residents. The open space is created
through the reduction of individual residential lots. The reduced
area is shifted to open space. The purposes shall be:
(1)
To permit a more varied, flexible design which
will result in an integrated site plan designed to benefit the residents
or occupants of such development and of neighborhood properties.
(2)
To foster the protection of critical natural
resources such as streams, groundwater, floodplains, wetlands, steep
slopes, woodlands, agricultural soils, and wildlife habitat areas.
(3)
To conserve open space areas and amenities within
the residential subdivisions, as well as where subdivisions shall
be of sufficient size, to provide open space areas for passive and
/or active recreation uses.
(4)
To reduce impervious surface and utilities,
resulting in a lesser increase in stormwater runoff as well as a reduction
in subdivision improvement costs.
B.
Bulk regulations. Bulk regulations shall be as follows:
(1)
Minimum lot area: 10 acres.
(2)
Maximum density per gross acre: 2.5 units.
(3)
Structure location:
(a)
No dwelling unit shall be within 10 feet of
the curb or street right-of-way.
(b)
No dwelling unit shall be erected within 30
feet of any other structure.
(c)
No dwelling unit shall be constructed closer
than 30 feet to an abutting property line.
(d)
The maximum building height shall be 35 feet
from grade or 2.5 stories.
(e)
Useable open space shall be a minimum of 500
square feet per dwelling unit and cannot be in more than two areas
which are clearly delineated on the submitted plans.
(f)
The maximum building coverage shall be 25% of
the total tract area.
(g)
All dwelling units shall front upon a publicly
ordained street.
C.
Open space requirements.
(1)
Open space shall not include land occupied by
nonrecreational buildings or structures, dwelling units, streets,
parking areas, yards or lots of dwelling units or the patios or porches
of dwelling units.
(2)
Open space land shall not be separately sold
or further subdivided, except for transfer in accordance with this
section and with the approval of the municipality.
(3)
Open space land shall not be further developed,
except for recreational facilities which will serve the residents
of the cluster development.
(4)
All land held for open space shall be so designated
on the subdivision and land development plans. Such plans shall designate
the use of open space, the type of maintenance and facilities to be
provided, and the extent of proposed improvements shall be noted on
the plans.
(5)
Not less than 30% of the total area in a cluster
development shall be designed as and used exclusively for open space.
D.
Uses allowed within open space areas.
(1)
Lawn. A grass area with or without trees which
may be used by the residents for a variety of purposes and which shall
be mowed regularly to insure a neat and orderly appearance.
(2)
Natural area. An area of natural vegetation
undisturbed during construction or replanted, including but not limited
to meadows, steep slope areas, woodlands, wetlands, streams, wildlife
habitats, and other sensitive environmental areas. Such areas shall
be maintained by the removal of undesirable plants, litter, dead trees
and brush. Streams shall be kept in free-flowing condition.
(3)
Recreation area, either active or passive. An
area designated for a specific recreation use. Such areas shall be
maintained so as to avoid creating a hazard or nuisance.
E.
Ownership of open space. Any of the following methods
may be used to preserve, own or maintain open space: condominium,
homeowners' association, dedication in fee simple, dedication of easements,
or transfer to a private conservation organization. The following
requirements are associated with each of the various methods.
(1)
Condominium. The open space may be controlled
through the use of condominium agreements. Such agreements shall be
in conformance with the Pennsylvania Uniform Condominium Act of 1980,
as amended.[1] All open space shall be held as a common element. Such
land shall not be eligible for sale to another party except for transfer
to another method of ownership permitted under this section and then
only where there is no change in the amount of open space.
[1]
Editor's Note: See 68 Pa.C.S.A. § 3101
et seq.
(2)
Homeowners association. The open space may be held in common ownership by a homeowners' association as common space. This method shall be subject to all of the provisions for homeowners' associations as set forth in Article VII of the Pennsylvania Municipalities Planning Code.[2] Such an organization shall not be dissolved nor shall
it dispose of the open space unless transferred to a type of ownership
permitted hereunder and then only where there is no change in the
amount of open space.
[2]
Editor's Note: See 53 P.S. § 10101
et seq.
(3)
Fee simple dedication. The Borough may, but
shall not be required to, accept any portion or portions of the open
space, provided the following conditions are met:
(a)
Such land shall be freely accessible to the
public.
(b)
There shall be no cost to the Borough involved.
(c)
The Borough agrees to and has access to maintain
such lands.
(d)
The open space shall be in an acceptable condition
to the Borough at the time of transfer with regard to size, shape,
location and improvement.
(4)
Dedication of easements. The municipality or
county may accept, but shall not be required to accept, easements
to any portion or portions of the open space. In such cases, the land
remains in the ownership of the individual, condominium, or homeowners'
association while the easements are held in public ownership. The
county shall accept the easements only in accordance with the provisions
of Act 442, as may be amended,[3] and county plans. The Borough may accept such easements
as it sees fit. In either case, there shall be no cost to the county
or Borough for acquisition or maintenance. The Borough may require
this method where it seems this is the most appropriate way of preserving
land in open space.
[3]
Editor's Note: See 32 P.S. § 5001
et seq.
F.
Additional cluster development requirements.
(1)
The proposed developer shall demonstrate that
a sufficient market exists for the type, size and character of the
development proposed.
(2)
Adequate, safe and convenient pedestrian and
vehicular circulation facilities, including fire hydrants, roadways,
driveways, off-street parking, sidewalks and landscaped areas to serve
the development shall be provided.
(3)
Paving and drainage facilities shall be designed
to adequately handle stormwater and prevent erosion and formation
of dust.
(4)
All housing shall be located so as to provide
adequate privacy and ensure natural light in all principal rooms.
(5)
Routes for vehicular and pedestrian access and
parking access shall be convenient without creating nuisances or detracting
from privacy.
(6)
The location and arrangement of buildings and
open space must be shown so that the Borough Council may review the
intensity of land use and serve the public interest by protecting
neighboring land uses.
(7)
All streets and sidewalks must conform to the
Borough's design standards with respect to right-of-way width, paving
specification, cartway design, horizontal and vertical alignment,
sight distances and draining provisions. All streets shall be dedicated
to the Borough, except when such requirement is modified or waived
by the Borough Council. Pedestrian circulation systems must be provided
as convenient, safe and attractive links between residential groupings,
open space areas, recreation areas and schools.
(8)
For each dwelling unit there shall be three
off-street parking spaces consisting of not less than 200 square feet
each.
(9)
Each parking space shall be a minimum of 10
feet wide and 20 feet long.
(10)
Landscaping shall be regarded as an essential feature of every cluster development in order to enhance the appearance of housing, provide protection from wind and sun and for screening roads, parking areas and nearby property from view. All trees and shrubs shall be maintained in a healthy condition or replaced with others of similar size and type. In addition to complying with Chapter 140, Subdivision of Land, landscaping shall consist of at least 90%of native Pennsylvania species. No invasive plants shall be permitted as landscaping.
(11)
All parking areas containing more than four
parking spaces shall be landscaped. Landscaping plans shall be submitted
for review with the application.
(12)
The quality of design of street signs, street
furniture and street lighting is subject to review by the Planning
Commission and approval by Borough Council.
(13)
All streets and areas of high pedestrian use
shall be adequately lighted.
(14)
The character, size and shape of all outdoor
signs shall comply with the Borough Zoning Regulations.
G.
Supplementary project facilities.
(1)
Swimming pools, tennis courts, ice-skating rinks
and other recreational areas shall be located as not to interfere
with the residential character of adjacent dwelling units.
(2)
Where public trash collection is not required,
refuse stations must be designed with suitable screening and in locations
convenient for collection and removal so as not to be offensive to
the occupants of adjacent dwelling units.
(3)
Adequate lighting must be provided in outdoor
areas used by occupants after dark, illuminating walkways, steps ramps
and signs. Lighting shall be so located as to avoid shining directly
into habitable room windows in the development or into private outdoor
open space which is associated with dwelling units or into open space.
(4)
The cluster development shall be provided with
public water supply lines, public sanitary sewers, and storm sewer
facilities connected to the Borough's systems. All such facilities
and appurtenances shall be reviewed and approved by the Borough, and
all such facilities lying within dedicated public rights-of-way or
easements shall be turned over to the Borough upon completion of the
project and acceptance by the Borough.
(5)
Public utilities shall be provided and shall
be underground.
(6)
All historical sites located on a parcel of
ground proposed for development shall be preserved, and said sites
shall be provided with public access roads or paths and shall be landscaped
in accordance with plans reviewed by the Planning Commission and approved
by the Borough Council.
H.
Maintenance responsibility and costs. The costs and
responsibility of maintaining open space shall be borne by the property
owner, condominium association, or homeowners' association.
[Added 5-15-2007 by Ord. No. 1191, approved 5-15-2007; amended 2-16-2021 by Ord. No. 1375, approved 2-16-2021]
A.
Short title. This section shall be known as the "East Stroudsburg
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 East Stroudsburg Borough. While the Borough
recognizes the importance of wireless communications facilities in
providing high-quality communications service to its residents and
businesses, the Borough also recognizes that it has an obligation
to protect public safety and to minimize the adverse visual effects
of such facilities through the standards set forth in the following
provisions.
(2)
By enacting this section, the Borough 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 both Borough residents and wireless
carriers in accordance with federal and state laws and regulations;
(c)
Establish procedures for the design, siting, construction, installation,
maintenance and removal of both tower-based and non-tower-based wireless
communications facilities in the Borough, including facilities both
inside and outside the public rights-of-way;
(d)
Address new wireless technologies, including but not limited
to distributed antenna systems, data collection units, cable Wi-Fi
and other wireless communications facilities;
(e)
Encourage the co-location of wireless communications facilities
on existing structures rather than the construction of new tower-based
structures;
(f)
Protect Borough residents from potential adverse impacts of
wireless communications facilities and preserve, to the extent permitted
under law, the visual character of established communities and the
natural beauty of the landscape;
(g)
Ensure that wireless communications facilities will be removed
in the event that such structures are abandoned or become obsolete
and are no longer necessary; and
(h)
Update the Borough's wireless facilities regulations to
incorporate changes in federal and state laws and regulations.
C.
D.
Regulations applicable to all tower-based wireless communications
facilities. The following regulations shall apply to all tower-based
wireless communications facilities:
(1)
Procedures.
(a)
Any applicant proposing construction of a new tower-based WCF outside the public rights-of-way shall submit plans to the Borough for review by the Zoning Officer, and Borough staff, and for approval by the Zoning Hearing Board in accordance with the requirements of Part II, Chapter 157, Article V, § 157-70, Special exception use regulations, of the Code of East Stroudsburg Borough.
(b)
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.
(2)
Development regulations. Tower-based wireless communications
facilities shall be developed in accordance with the following requirements:
(a)
Permitted subject to regulations. Any tower-based WCF that is
either not mounted on any existing structure or is more than 25 feet
higher than the structure on which it is mounted is permitted in certain
zoning districts as a special exception use, subject to the restrictions
and conditions prescribed herein and subject to the prior written
approval of the Borough. The Zoning Hearing Board may grant a special
exception use after review and a public hearing before the Board.
An applicant for a tower-based WCF must establish the following:
[1]
Siting. Tower-based WCF shall only be permitted in the following districts, by special exception use, subject to the requirements and prohibitions of § 157-100.8:
[2]
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 Borough's decision on an application
for approval of tower-based WCFs.
[3]
Co-location. An applicant for a tower-based WCF
must demonstrate that 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.
[4]
Good-faith effort. If the applicant proposes to
build a tower (as opposed to mounting the antenna on an existing structure),
said applicant is required to demonstrate that it contacted the owners
of all structures within a one-mile radius of the site proposed, asked
for permission to install the antenna on those structures and was
denied for reasons other than economic ones. This would include smokestacks,
water towers, tall buildings, antenna support structures of other
telecommunications companies, other communication towers (fire, police,
etc.), and other tall structures. The Planning Commission may deny
any application to construct a new tower if the applicant has not
made a good-faith effort to mount the antenna on an existing structure.
[5]
Site plan. A full site plan which shall include:
[a]
Written authorization from the property owner of the proposed tower-based WCF site that such facility may be sited on the property. Written authorization from the property owner consenting to the making of the application to the Borough for special exception use. Written acknowledgment from the property owner of being bound by § 157-100.8, a tax lien upon penalty of nonremoval, the conditions of any site plan approval authorized by the Zoning Hearing Board, and all other requirements of the Code of East Stroudsburg Borough.
[b]
A site plan that is drawn to scale and shows the
following features: property boundaries; any tower guy wire anchors
and other apparatus; existing and proposed structures; scaled elevation
view; access road(s) location and surface material; parking area;
fences; location and content of (any or warning) signs; exterior lighting
specifications; landscaping plan; land elevation contours; existing
land uses surrounding the site; proposed transmission building and/or
other accessory uses with details; elevations; and proposed use(s).
[c]
A written report including: information describing
the tower height and design; a cross-section of the structure; engineering
specifications detailing construction of tower, base and guy wire
anchorage; information describing the proposed painting and lighting
schemes; information describing the tower's capacity, including
the number and type of antennas that it can accommodate; radio frequency
coverage including scatter plot analysis and the input parameters
for the scatter plot analysis; all tower 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.
[d]
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 related facilities.
[e]
Where the tower-based WCF is located on a property
with another principal use, the applicant shall present documentation
that the owner of the property has granted an easement for the proposed
facility and that vehicular access is provided to the facility.
[f]
An inventory of applicant's existing wireless communications facilities, including all tower-based, non-tower, and small WCF, that are either sited within the Borough 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 Borough may share such information with other applicants applying for site plan approvals or special exception uses under § 157-100.8 or other organizations seeking to locate antennas within the Borough; provided, however, that the Zoning and Codes Enforcement Office is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.
[g]
The need for additional buffer yard treatments
shall be evaluated.
(b)
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.
(c)
Prohibited in open space and conservation districts. Tower-based
WCFs shall not be located within an open space or conservation district
or within 500 feet of a lot in open space or conservation use or an
open space or conservation district boundary.
(d)
Prohibited in wetlands and known bird concentration areas. No
tower-based WCF shall be located in or within 500 feet of wetlands;
other known bird concentration areas (i.e., state or federal refuges,
staging areas, rookeries); in known migratory or daily movement byways;
or in the habitat of threatened or endangered species.
(e)
Sole use on a lot. A tower-based WCF is permitted as a sole
use on a lot subject to the minimum lot area and yards complying with
the requirements for the applicable zoning district.
(f)
Uses ancillary. All other uses ancillary to the tower-based
WCF and associated equipment (including a business office, maintenance
depot, vehicle storage, etc.) are prohibited from the tower-based
WCF site unless otherwise permitted in the zoning district in which
the tower-based WCF site is located.
(g)
Combined with another use. A tower-based WCF may be permitted
on a property with an existing use, or on a vacant parcel in combination
with another industrial, commercial, institutional or municipal use,
subject to the following conditions:
[1]
Existing use. The existing use on the property
may be any permitted use in the applicable district, and need not
be affiliated with the communications facility.
[2]
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.
[3]
Minimum setbacks for antenna support structures.
If a new antenna support structure is constructed (as opposed to mounting
the antenna on an existing structure), the minimum distance between
the base of the support structure, guy wires, and accessory facilities
and any property line or right-of-way line shall be the largest of
the following:
[a]
Fifty percent of antenna height in all zones where
tower-based WCF are permitted by special exception use, except upon
any lot that is adjacent to a lot in residential use or residential
district, where the setback shall be 150% of antenna height.
[b]
The minimum front yard setback in the underlying
zoning district.
[c]
Forty feet.
[4]
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.
(3)
Timing of approval. 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, including an
application fee in an amount specified by the Wireless Fee Schedule.[1] If the Borough receives an application for a tower-based
WCF and such application is not fully completed, then the Borough
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 Borough.
[1]
Editor's Note: The Wireless Fee Schedule is on file in
the Borough offices.
(4)
Notice. No later than 30 days following the submission of an
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 Borough within 15 days of completion.
(5)
Application fees. The Borough may assess appropriate and reasonable
application fees directly related to reviewing and processing the
application for approval of a tower-based WCF, as well as associated
inspection, monitoring, and related costs, subject to the limitations
in this section, in amounts specified by the Wireless Fee Schedule.[2]
[2]
Editor's Note: The Wireless Fee Schedule is on file in
the Borough offices.
(6)
Prohibited in residential districts. No tower-based WCF shall
be located within a residential district or within 200 feet of a lot
in residential use or a residential district boundary.
(7)
Prohibited in university districts. No tower-based WCF shall
be located within a University District or within 200 feet of a lot
in university use or a University District boundary.
(8)
Co-location.
(a)
An application for a new tower-based WCF shall not be approved
unless the Borough finds that the wireless communications equipment
planned for the proposed tower-based WCF cannot be accommodated on
an existing or approved structure or building.
(b)
Any applicant proposing construction of a new tower-based WCF
outside the rights-of-way shall demonstrate to the satisfaction of
the Zoning Hearing Board, by written submission, that a good-faith
effort has been made to obtain permission to mount the tower-based
WCF antenna on an existing building or structure. A good-faith effort
shall require that all owners of potentially suitable structures within
a 1/4 mile radius of the proposed tower-based WCF site be contacted
and that the applicant certifies in writing to the Zoning Hearing
Board that one or more of the following reasons for not selecting
such structure apply:
[1]
The proposed WCF and related equipment would exceed
the structural capacity of the existing structure and its reinforcement
cannot be accomplished at reasonable cost;
[2]
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;
[3]
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
[4]
A commercially reasonable agreement cannot be reached
with the owner(s) of such structure.
(9)
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.
(10)
Wind and ice. Any tower-based WCF structures shall be designed
to withstand the effects of wind gusts 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).
(11)
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. In no
case shall a WCF exceed a maximum height of 200 feet.
(12)
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.
(13)
Maintenance. The following maintenance requirements shall apply:
(a)
Any tower-based 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.
(d)
The Borough reserves the authority to require the repainting
of all Tower-Based Facilities where the painting of such facilities
is not regularly maintained.
(14)
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 Zoning
Officer on an annual basis. A tower-based WCF generating radio frequency
emissions in excess of the standards and regulations of the FCC shall
be considered an emergency. The Borough reserves the authority to
revoke the special exception use permit of any tower-based WCF generating
radio frequency emissions in excess of the standards and regulations
of the FCC.
(15)
Historic buildings or districts. No tower-based WCF may be located
in or within 100 feet of any historic district, property, building
or structure that is listed on either the National or Pennsylvania
Registers of Historic Places, or eligible to be so listed, or is included
in the official historic structures list maintained by the Borough.
(16)
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.
(17)
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 a detailed plan for sufficient lighting, demonstrating as
unobtrusive and inoffensive an effect as is permissible under state
and federal regulations.
(18)
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.
(19)
Graffiti. Any graffiti on the tower-based WCF, including 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 Borough.
(20)
Aviation safety. Tower-based WCFs shall comply with all federal
and state laws and regulations concerning aviation safety.
(21)
Inspection report requirements. No later than the first day
of December of each odd-numbered year, 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
no later than the first day of March 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 Borough.
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.
(22)
Retention of experts. The Borough may hire any consultant(s)
and/or expert(s) necessary to assist the Borough in reviewing and
evaluating the application for approval of the tower-based WCF and,
once approved, in reviewing and evaluating any potential violations
of the terms and conditions of this section. The applicant and/or
owner of the WCF shall reimburse the Borough for all reasonable costs
of the Borough's consultant(s) in providing expert evaluation
and consultation in connection with these activities.
(23)
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.
(24)
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:
(a)
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.
(b)
If the WCF and/or accessory facility is not removed within six
months of the cessation of operations at a site, or within any longer
period approved by the Borough, the WCF and accessory facilities and
equipment may be removed by the Borough and the cost of removal assessed
against the owner of the WCF. Any cost to the Borough 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 Borough tax on real property.
(c)
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.
(25)
Public rights-of-way siting. No tower-based wireless communications
facility shall be located, in whole or in part, within the public
rights-of-way.
(26)
(27)
Design regulations.
(a)
Any height extensions to an existing tower-based WCF shall require
prior approval of the Borough. The Borough reserves the right to deny
such requests based upon aesthetic and land use impact, or any other
lawful considerations related to the character of the Borough.
(b)
The tower-based 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.
(c)
Any proposed tower-based WCF shall be designed structurally,
electrically, and in all respects to accommodate both the tower-based
WCF applicant's antennas and comparable antennas for future users.
(d)
All utilities that are extended to the site of the tower-based
WCF shall be placed underground.
(28)
Surrounding environs.
(a)
The tower-based WCF applicant 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.
(b)
The tower-based WCF applicant shall submit a soil report to
the Borough 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.
(29)
Fence/screen.
(a)
A security fence having a maximum height of eight feet, and
a minimum height of six feet, shall completely surround any tower-based
WCF, guy wires, or any building housing WCF equipment.
(b)
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.
(c)
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.
(30)
Accessory equipment.
(a)
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.
(b)
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.
(31)
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 commercially reasonable. The
owner of a tower-based WCF shall not install any additional antennas
without obtaining the prior written approval of the Borough.
(32)
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 Borough 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 paved to
a width of at least 10 feet throughout its entire length.
(33)
Bond. Prior to the issuance of permit, the owner of a tower-based
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 Solicitor of the Borough. The bond shall
provide that the Borough may recover from the principal and surety
any and all compensatory damages incurred by the Borough for violations
of this section, after reasonable notice and opportunity to cure.
The owner shall file the bond with the Borough 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:
(a)
An amount of $75,000 to assure the faithful performance of the
terms and conditions of this section.
(b)
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.
Such amount determined by the Zoning Hearing Board shall include a
cost-escalator component, automatically increasing in total amount
by 2% per annum.
(34)
Visual or land use impact. The Borough reserves the right to
deny an application for the construction or placement of any tower-based
WCF based upon visual and/or land use impact.
(35)
Inspection by borough. The Borough reserves the right to inspect
any tower-based WCF to ensure compliance with the provisions of this
section and any other provisions found within the Borough Code or
state or federal law. The Borough and/or its agents shall have the
authority to enter the property upon which a WCF is located at any
time, upon reasonable notice to the operator, to ensure such compliance.
E.
Regulations applicable to all non-tower wireless facilities. The
following regulations shall apply to all non-tower wireless communications
facilities:
(1)
Procedures.
(a)
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 Borough indicating how the non-tower WCF will be mounted on the structure, for review by the Zoning Officer, and Borough staff, and for approval by the Zoning Hearing Board in accordance with the requirements of Part II, Chapter 157, Article V, § 157-70, Special exception use regulations, of the Code of East Stroudsburg Borough.
(b)
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.
(2)
Development regulations. Non-tower WCFs shall be co-located
on existing structures, such as existing buildings or tower-based
WCFs subject to the following conditions:
(a)
Permitted subject to regulations. Subject to the restrictions and conditions prescribed herein, non-tower WCFs are permitted in certain zoning districts as a special exception use upon review by the Zoning Officer and Borough staff, and approval by the Zoning Hearing Board, in accordance with the procedures and requirements of Part II, Chapter 157, Article V, § 157-70, Special exception use regulations, of the Code of East Stroudsburg Borough.
(b)
Siting. Non-tower WCF are permitted in the following zoning districts by special exception use, subject to the requirements and prohibitions of § 157-100.8:
[1]
C-1 Community Commercial District;
[2]
C-1A Central Business District;
[3]
C-2 Heavy Commercial District;
[4]
OM-1 Office Manufacturing District;
[5]
S-1 Special Purpose District;
[6]
I-M Institutional Medical District;
[7]
I-U Institutional University District;
[8]
I-UA Institutional University A District; and
[9]
I-E Institutional Education District.
(c)
Height. Any non-tower WCF shall not exceed the maximum height
permitted in the applicable zoning district.
(d)
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.
(e)
Fencing. A security fence with a maximum height of 10 feet,
and a minimum height of eight 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.
(3)
Site plan. An applicant for a non-tower WCF must submit a full
site plan to the Borough Zoning Officer which shall include:
(a)
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 special exception use. Written acknowledgment from the wireless support structure owner of being bound by § 157-100.8, a tax lien upon penalty of nonremoval, the conditions of any site plan approval authorized by the Zoning Hearing Board, and all other requirements of the Code of East Stroudsburg Borough.
(b)
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 antennas; existing or proposed
electrical power source; and scaled elevation view.
(c)
A written report including: 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
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.
(d)
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.
(e)
An inventory of its existing wireless communications facilities,
including all tower-based, non-tower, and small WCF, that are either
sited within the Borough 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 Borough may share such information with other applicants applying
for site plan approvals or special permit use under Section 292 or
other organizations seeking to locate antennas within the Borough;
provided, however, that the Zoning and Codes Enforcement Office is
not, by sharing such information, in any way representing or warranting
that such sites are available or suitable.
(4)
Eligible facilities request.
(a)
Non-tower WCF applicants proposing a modification to an existing
non-tower WCF that does not substantially change the dimensions of
the underlying structure shall be required only to obtain a building
permit from the Borough Zoning Officer.
(5)
Visual or land use impact. The Borough reserves the right to
deny an application for the construction or placement of any non-tower
WCF based upon visual and/or land use impact.
(6)
Application fees. The Borough may assess appropriate and reasonable
application fees directly related to reviewing and processing the
application for approval of a non-tower WCF, as well as associated
inspection, monitoring, and related costs, subject to the limitations
in this section, in amounts specified by the Wireless Fee Schedule.[3]
[3]
Editor's Note: The Wireless Fee Schedule is on file in
the Borough offices.
(7)
Prohibited in residential districts. No non-tower WCF shall
be located within a residential district or within 200 feet of a lot
in residential use or a residential district boundary.
(8)
Historic buildings. No non-tower WCF may be located on, or within
100 feet of, any historic district, property, or on a building or
structure that is listed on either the National or Pennsylvania State
Registers of Historic Places, or eligible to be so listed, or is included
in the official historic structures list maintained by the Borough.
(9)
Prohibited in conservation districts. Non-tower WCFs shall not
be located within a conservation district or within 500 feet of a
lot in conservation use or conservation district boundary.
(10)
Timing of approval. All applications for non-tower WCFs shall
be acted upon by the Borough within 90 days of the receipt of a fully
completed application for the approval of such WCF, including an application
fee in an amount specified by the Wireless Fee Schedule.[4] If the Borough receives an application for a non-tower
WCF and such application is not fully completed, then the Borough
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 Borough.
[4]
Editor's Note: The Wireless Fee Schedule is on file in
the Borough offices.
(11)
Retention of experts. The Borough may hire any consultant(s)
and/or expert(s) necessary to assist the Borough in reviewing and
evaluating the application for approval of the WCF and, once approved,
in reviewing and evaluating any potential violations of the terms
and conditions of this section. The applicant and/or owner of the
WCF shall reimburse the Borough for all reasonable costs of the Borough's
consultant(s) in providing expert evaluation and consultation in connection
with these activities.
(12)
Bond. Prior to the issuance of special exception use authorization,
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 Solicitor of the
Borough. The bond shall provide that the Borough 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 Borough 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:
(a)
An amount of $75,000 to assure the faithful performance of the
terms and conditions of this section.
(b)
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. Such amount determined by the Zoning Hearing Board
shall include a cost-escalator component, automatically increasing
in total amount by 2% per annum.
(13)
Design regulations.
(a)
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.
(b)
Non-tower WCFs, which are mounted to a building or similar structure,
may not exceed a height of 15 feet above the roof or parapet, whichever
is higher, unless the non-tower WCF applicant obtains a variance.
(c)
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.
(d)
Antennas, and their respective accompanying support structures,
shall be no greater in diameter than any cross-sectional dimension
than is reasonably necessary for their proper functioning.
(14)
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.
(15)
Wind and ice. Any non-tower WCF structures shall be designed
to withstand the effects of wind gusts 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).
(16)
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.
(17)
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 Borough
Zoning Officer on an annual basis. A non-tower WCF generating radio
frequency emissions in excess of the standards and regulations of
the FCC shall be considered an emergency. The Borough reserves the
authority to revoke the permit of any non-tower WCF generating radio
frequency emissions in excess of the standards and regulations of
the FCC.
(18)
Aviation safety. Non-tower WCFs shall comply with all federal
and state laws and regulations concerning aviation safety.
(19)
Inspection report requirements. No later than the first day
of December of each odd-numbered year, 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 Zoning Officer no later than the
first day of March 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 Borough. 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.
(20)
Maintenance. 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.
(21)
Upgrade; replacement; modification.
(a)
The removal and replacement of non-tower WCFs and/or accessory
equipment for the purpose of upgrading, replacing, modifying, or repairing
the WCF is permitted, so long as such upgrade, replacement, modification,
or repair does not increase the overall size of the WCF or the numbers
of antennas.
(b)
Any material modification to a wireless telecommunication facility
shall require a prior amendment to the original permit or authorization.
(22)
Graffiti. Any graffiti on the non-tower WCF, including 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 Borough.
(23)
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 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 Borough.
(b)
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 Borough and the cost
of removal assessed against the owner of the WCF. Any cost to the
Borough 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 Borough
tax on real property.
(24)
Inspection by Borough. The Borough reserves the right to inspect
any WCF to ensure compliance with the provisions of this section and
any other provisions found within the Borough Code or state or federal
law. The Borough and/or its agents shall have the authority to enter
the property upon which a WCF is located at any time, upon reasonable
notice to the operator, to ensure such compliance.
F.
Regulations applicable to all small wireless communications facilities.
The following regulations shall apply to small wireless communications
facilities:
(1)
Development regulations.
(a)
Small WCF are permitted by administrative approval from the
Borough Zoning Officer in all Borough zoning districts, subject to
the requirements of this section and generally applicable permitting
as required by the Borough Code.
(b)
Small WCF located within districts 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
that require utilities to be located underground.
(c)
Small WCF in the public ROW requiring the installation of a
new wireless support structure shall not be located directly in front
of any building entrance or exit.
(d)
All small WCF shall comply with the applicable requirements
of the Americans with Disabilities Act and all Borough Code requirements
applicable to streets and sidewalks.
(2)
Procedures.
(a)
Any applicant proposing a small WCF shall submit an application
for review by the Borough Zoning Officer.
(b)
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.
(3)
Timing of approval.
(a)
Within 10 calendar days of the date that an application for
a small WCF is filed with the Borough Zoning Officer, the Borough
shall notify the WCF applicant in writing of any information that
may be required to complete such application.
(b)
Within 60 days of receipt of an application for Co-location
of a small WCF on a preexisting wireless support structure, the Borough
Zoning Officer shall make a final decision on whether to approve the
application and shall notify the WCF applicant in writing of such
decision.
(c)
Within 90 days of receipt of an application for a small WCF
requiring the installation of a new wireless support structure, the
Borough 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)
Site plan. An applicant for a small WCF must submit a site plan
to the Borough Zoning Officer which shall include:
(a)
Written authorization from the wireless support structure owner 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 administrative approval of the small WCF. Written acknowledgment from the wireless support structure owner of being bound by § 157-100.8, the conditions of any site plan approval authorized by the Borough Zoning Officer, and all other requirements of the Code of East Stroudsburg Borough.
(b)
A site plan that is drawn to scale and shows the following features:
public rights-of-way; private property boundaries; existing and proposed
structures; existing and proposed use(s); existing and proposed antennas;
existing or proposed electrical power source; and scaled elevation
view.
(c)
A written report, titled "Cost of Small 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.
(d)
An inventory of its existing wireless communications facilities,
including all tower-based, non-tower, and small WCF, that are either
sited within the Borough 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 Borough may share such information with other applicants applying
for site plan approvals or special permit use under Section 292 or
other organizations seeking to locate antennas within the Borough;
provided, however, that the Zoning and Codes Enforcement Office is
not, by sharing such information, in any way representing or warranting
that such sites are available or suitable.
(5)
Eligible facilities request.
(a)
Small WCF applicants proposing a modification to an existing
small WCF that does not substantially change the dimensions of the
underlying structure shall be required only to obtain a building permit
from East Stroudsburg Borough.
(c)
The timing of approval for small WCF applicants proposing a
modification to an existing small WCF that does not substantially
change the dimensions of the underlying structure shall be as follows:
[1]
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 is filed with the
Borough Zoning Officer, the Borough shall notify the applicant in
writing of any information that may be required to complete such application.
[2]
An application for a modification to an existing
small WCF that does not substantially change the dimensions of the
underlying structure shall be deemed complete when all documents,
information and fees specifically enumerated in the Borough's
regulations, ordinances and forms pertaining to the location, modification
or operation of wireless telecommunications facilities are submitted
by the applicant to the Borough. In case of incompleteness of the
application, the Borough 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 Borough.
[3]
Within 60 days of receipt of an application for
a modification to an existing small WCF that does not substantially
change the dimensions of the underlying structure, the Borough Zoning
Officer shall make a final decision on whether to approve the application
and shall notify the WCF applicant in writing of such decision.
(6)
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.
(7)
Application fees. The Borough may assess appropriate and reasonable
application fees directly related to the Borough's actual costs
in reviewing and processing the application for approval of a WCF,
as well as related inspection, monitoring, and related costs, subject
to the limitations in this section, in amounts specified by the Wireless
Fee Schedule.[5]
[5]
Editor's Note: The Wireless Fee Schedule is on file in
the Borough offices.
(8)
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 UCC, 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 Borough.
(9)
Historic buildings. No small WCF may be located within 100 feet
of any property, or on a building or structure that is listed on either
the National or Pennsylvania Registers of Historic Places, or eligible
to be so listed, located within a historic district, or is included
in the official historic structures list maintained by the Borough.
(10)
Wind and ice. All small WCF shall be designed to withstand the
effects of wind gusts 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.
(11)
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 Borough
Zoning Officer on an annual basis. A small WCF generating radio frequency
emissions in excess of the standards and regulations of the FCC shall
be considered an emergency. The Borough reserves the authority to
revoke the permit of any small WCF generating radio frequency emissions
in excess of the standards and regulations of the FCC.
(12)
Time, place and manner. The Borough shall determine the time,
place and manner of construction, maintenance, repair and/or removal
of all small WCF in the ROW based on public safety, traffic management,
physical burden on the ROW, and related considerations.
(13)
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
ROW as determined by the Borough.
(14)
Graffiti. Any graffiti on 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 Borough.
(16)
Co-location. An application for a new small WCF in the ROW shall
not be approved unless the Borough finds that the proposed wireless
communications equipment cannot be accommodated on an existing structure,
such as a utility pole or streetlight pole. Any application for approval
of a small WCF shall include a comprehensive inventory of all existing
towers and other suitable structures within a one-mile radius from
the point of the proposed tower, unless the applicant can show to
the satisfaction of the Borough that a different distance is more
reasonable, and shall demonstrate conclusively why an existing tower
or other suitable structure cannot be utilized.
(17)
Relocation or removal of facilities. Within 90 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 small 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:
(a)
The construction, repair, maintenance or installation of any
Borough or other public improvement in the right-of-way;
(b)
The operations of the Borough or other governmental entity in
the right-of-way;
(c)
Vacation of a street or road or the release of a utility easement;
or
(d)
An emergency as determined by the Borough.
(18)
Bond. Prior to administrative approval by the Borough, the owner
of a small 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 Solicitor of the Borough. The bond
shall provide that the Borough 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 Borough and maintain
the bond for the life of the respective facility. The owner of the
small WCF shall maintain a bond in the following amounts:
(a)
An amount of $75,000 to assure the faithful performance of the
terms and conditions of this section.
(b)
An amount determined by the Zoning Officer based on engineering
estimates, to cover the cost of removing and disposing of the antenna
and related facilities. The Zoning Officer may consider, but shall
not be required to rely upon, applicant's written report, titled
"Cost of Small Wireless Facilities Removal," certified by a registered
professional engineer (P.E.) licensed by the Commonwealth of Pennsylvania.
Such amount determined by the Zoning Officer shall include a cost-escalator
component, automatically increasing in total amount by 2% per annum.
(19)
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 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 Borough for all reasonable costs
of the Borough'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.
(20)
Reimbursement for ROW use. In addition to permit fees as described
in this section, every small WCF in the ROW is subject to the Borough's
right to fix annually a fair and reasonable fee to be paid for use
and occupancy of the ROW. Such compensation for ROW use shall be directly
related to the Borough's actual ROW management costs including,
but not limited to, the costs of the administration and performance
of all reviewing, inspecting, permitting, supervising and other ROW
management activities by the Borough. The owner of each small WCF
shall pay an annual fee to the Borough, in an amount specified by
the Wireless Fee Schedule,[6] to compensate the Borough for the Borough's costs
incurred in connection with the activities described above. Such fees
shall comply with the applicable requirements of the Federal Communications
Commission.
[6]
Editor's Note: The Wireless Fee Schedule is on file in
the Borough offices.
G.
Design standards applicable to all small wireless communications
facilities. The following design standards shall apply to small wireless
communications facilities:
(1)
General design standards.
(a)
All small wireless communications facilities shall be installed
and maintained in a workmanlike manner in compliance with the Pennsylvania
Uniform Construction Code, National Electric Safety Code and the National
Electrical Code, as applicable.
(b)
All small wireless communications facilities shall comply with
the Americans with Disabilities Act guidelines adopted by the Borough
and all applicable requirements relating to streets and sidewalks
as established by the Borough Code.
(c)
Support structures shall not obstruct vehicular, pedestrian,
or cyclist traffic or sight lines in an unsafe manner.
(d)
All small wireless communications facilities shall comply with
applicable federal and state standards regarding pedestrian access
and movement.
(e)
All small wireless communications facilities shall be designed
and constructed in an effort to minimize aesthetic impact to the extent
technically feasible.
(f)
No small wireless communications facilities shall extend beyond
the boundaries of the rights-of-way unless approved on a case-by-case
basis by the Borough Zoning Officer.
(g)
All small wireless communications facilities shall be designed
to withstand the effects of wind gusts 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/TIA-222, as amended), or to the industry
standard applicable to the structure.
(2)
Antenna standards.
(a)
Any antenna associated with a small wireless communications
facility shall not exceed three cubic feet in volume.
(b)
All pole-top antennas shall be flush-mounted as closely to the
top of the support structure as technically feasible.
(c)
All antennas shall be of a design, style, and color that reasonably
matches the structure upon which they are attached.
(d)
Any necessary pole-top extension shall be of the minimum height
necessary to achieve separation from the existing pole attachments.
(e)
Any antenna mounted on a lateral standoff bracket shall protrude
no more than necessary to meet clearances.
(f)
If mounted on an existing structure, no antenna shall impair
the function of said structure.
(g)
Antenna placement shall not impair light, air, or views from
adjacent windows.
(3)
Accessory equipment standards.
(a)
Accessory equipment shall not exceed 28 cubic feet in volume.
Stealth technology shall not be included in the accessory equipment
volume calculation.
(b)
Accessory equipment shall be mounted flush to the side of a
support structure, or as near flush to the side of a support structure
as technically feasible.
(c)
Accessory equipment shall be mounted so as to provide a minimum
of eight feet vertical clearance from ground level.
(d)
Accessory equipment shall be of a color that reasonably matches
the support structure upon which such accessory equipment is mounted.
(e)
All accessory equipment shall be contained within a single equipment
shroud or cabinet.
(f)
All small wireless communications facilities shall post a sign
in a readily visible location identifying the owner's permit
number and the name and phone number of a party to contact in the
event of an emergency. The only other signage permitted shall be that
required by the FCC or any other federal or state agency.
(g)
Accessory equipment placement shall not impair light, air, or
views from adjacent windows.
(h)
No accessory equipment shall feature any lighting, including
flashing indicator lights, unless required by state or federal law.
(4)
Wiring standards.
(a)
Exposed wiring is prohibited.
(b)
Transmission, fiber, power cables and any other wiring shall
be contained within any support structure for which such concealment
is technically feasible. If wiring cannot be contained within the
support structure, all wiring shall be contained within conduit or
U-guard that is flush-mounted to the support structure.
(c)
All wiring shall be installed without excessive slack or extra
cable storage on the support structure.
(d)
Any conduit or U-guard shall be of a color that reasonably matches
the support structure to which the small wireless communications facility
is attached.
(e)
Loops of extra wiring shall not be attached to any support structure.
(5)
Standards for replacement wireless support structures.
(a)
The maximum height of any proposed replacement support structure
shall be: i) no more than 10% taller than the tallest existing support
structure in the public rights-of-way within a 250-foot radius of
the proposed small wireless communications facility; or ii) 50 feet
above ground level, whichever is greater.
(b)
Any replacement support structure shall be of comparable materials
and design to the existing support structure.
(c)
Any replacement support structure shall be placed within five
feet of the existing support structure being replaced.
(d)
Any replacement support structure shall be designed to accommodate
all uses that existed on the existing support structure prior to replacement.
As part of an application for a small wireless communications facility,
the applicant shall provide documentation from a structural engineer
licensed in the Commonwealth of Pennsylvania confirming that the replacement
support structure, small wireless communications facility, and prior
existing uses shall be structurally sound.
(e)
Any replacement support structure shall not deviate from the
predominant pattern of existing adjacent structures.
(6)
Standards for new wireless support structures.
(a)
The maximum height of any new support structure shall be: i)
no more than 10% taller than the tallest existing support structure
in the public rights-of-way within a 250-foot radius of the proposed
small wireless communications facility; or ii) 50 feet above ground
level, whichever is greater.
(b)
Any new support structure shall be installed in accordance with
the predominant pattern of existing adjacent structures.
(c)
To the extent technically feasible, no new support structure
shall be installed:
(7)
Design approval of small wireless communications facilities.
(a)
The Borough Zoning Officer shall reasonably determine whether
the design of a proposed small wireless communications facility complies
with the requirements herein.
(b)
Any requests for a modification from the requirements of these
design standards shall be considered on a case-by-case basis by the
East Stroudsburg Borough Zoning Hearing Board and shall be approved
upon a determination by the East Stroudsburg Borough Zoning Hearing
Board that such modification is necessary to prevent the effective
prohibition of wireless service pursuant to the rules of the Federal
Communications Commission.
(8)
Record of prior approved designs. A record of prior approved
designs shall be kept on file at the East Stroudsburg Borough Codes
and Zoning Office.
H.
Regulations applicable to all wireless facilities.
(1)
Borough property. Nothing in § 157-100.8 shall be deemed to create any offer, right, or entitlement to use Borough 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 may be exempt from the requirements of § 157-100.8. The Borough Council retains the right to require applicants to obtain site plan approval from the Zoning Hearing Board in accordance with the requirements of § 157-100.8. No tower-based WCF, non-tower WCF, small WCF, wireless support structures, or related facilities may be constructed or installed on Borough property until a license or lease agreement authorizing such wireless facility has been approved by the Borough Council.
(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 Borough may apply to a federal district court for an injunction
or other appropriate relief at law or in equity to enforce compliance
with or restrain violation of any provision of this section.
(3)
Determination of violation. In the event a determination is
made that a person has violated any provision of this section, such
person shall be provided written notice of the determination and the
reasons therefor. Except in the case of an emergency, the person shall
have 30 days to cure the violation. If the nature of the violation
is such that it cannot be fully cured within such time period, the
Borough may, in its reasonable judgment, extend the time period to
cure, provided the person has commenced to cure and is diligently
pursuing its efforts to cure. If the violation has not been cured
within the time allowed, the Borough may take any and all actions
authorized by this section and/or federal and/or Pennsylvania law
and regulations.
(4)
Revocation of special exception uses. Any special exception
uses granted under this chapter may be revoked by the Borough Council
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 it
shall be shown by substantial evidence 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
use have been materially violated, the Borough Council may revoke
the special exception use.
I.
Insurance and indemnification of wireless facilities.
(1)
Insurance. Each person that owns or operates a wireless facility
is required to purchase and maintain general liability insurance and
property damage insurance, as specified herein:
(a)
Each person that owns or operates a tower-based WCF 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.
(b)
Each person that owns or operates a non-tower WCF shall annually
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.
(c)
Each person that owns or operates a small WCF shall annually
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 small WCF.
(2)
Indemnification. 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 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 WCF. 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 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 the 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.
J.
Miscellaneous.
(1)
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.
(2)
Severability. If any section, subsection, sentence, clause,
phrase or word of this section 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 chapter invalid.
(3)
Effective date. This section shall become effective five days
after enactment by the East Stroudsburg Borough Council.
[Added 1-26-2012 by Ord. No. 1247, approved 1-26-2012]
This is limited to the following: adult store, adult movie theater,
massage parlor, or adult live entertainment facility.
A.
Purposes. The regulations on adult uses are intended to serve the
following purposes, in addition to the overall objectives of this
chapter:
(1)
To recognize the adverse secondary impacts of adult uses that
affect health, safety and general welfare concerns of the Borough.
These secondary impacts have been documented in research conducted
across the nation. These secondary impacts typically include, but
are not limited to, increases in criminal activity, increases in activities
that increase the risk of transmission of sexually transmitted diseases,
increase in activities that increase the risk of transmission of other
communicable diseases, increase in blight, decreases in the stability
of residential neighborhoods, and decreases in property values for
surrounding homes, and decreases in the marketability of nearby commercial
business space. The research conducted across the nation concludes
that adult uses typically involve insufficient self-regulation to
control these secondary effects.
(2)
To limit adult uses to locations where these secondary impacts
can be minimized, particularly as they affect residential neighborhoods
and commercial revitalization.
(3)
To not attempt to suppress any activities protected by the "free
speech" protections of the state and U.S. Constitutions but instead
to control secondary effects.
B.
An adult use and its parking area shall not be located within any
of the following distances, whichever is most restrictive:
C.
No adult use shall be located within 1,000 lineal feet from any existing
or approved adult use.
D.
A fifty-foot buffer yard shall be provided, regardless of zoning
district, along the side and rear lot lines. If such buffer does not
include substantial mature trees that will be preserved, it shall
include continuous screening by evergreen trees with an initial height
of five feet.
E.
No pornographic material, displays or signs shall be placed in view
of persons who are not inside of the establishment. Entrances shall
be staffed at all times to prohibit minors from entering the premises.
F.
No adult use shall be used for any purpose that violates any federal,
state or municipal law.
G.
An adult use shall be prohibited in all districts except where specifically
allowed under the Table of Use Regulations.[1] An adult use is a distinct use and shall not be allowed
under any other use, such as a retail store or club.
[1]
Editor's Note: The Table of Use Regulations is included at the end of this chapter.
H.
A minimum lot area of one acre is required.
I.
For public health reasons, private or semiprivate viewing booths
of any kind are prohibited. This specifically includes, but is not
limited to, booths for viewing adult movies or nude dances.
J.
No use may include live actual or simulated sex acts nor any sexual
contact between employees and entertainers nor between employees or
entertainers and customers.
K.
Only "lawful" massages as defined by state court decisions shall
be performed in a massage parlor.
L.
All persons within any adult use shall wear nontransparent garments
that cover their genitals and the female areola, except within a permitted
lawful adult live entertainment facility.
M.
Any application for such use shall state the name and daytime address
of an on-site manager responsible to ensure compliance with this section
on a daily basis. A telephone number shall be provided where the on-site
manager can be reached during Borough business hours. Such information
shall be regularly updated in writing to the Zoning Officer.
N.
The use shall not operate between the hours of 12:00 midnight and
7:00 a.m.
O.
As specific conditions of approval under this section, the applicant
shall prove compliance, where applicable, with the following state
laws, as amended: the Pennsylvania Liquor Code, Act 219 of 1990 (which
pertains to sale or consumption of alcohol between 2:00 a.m. and 8:00
a.m.),[2] Act 207 of 1990 (which pertains to obscenity) and Act
120 of 1996 (which pertains to adult-oriented establishments and which
limits enclosed viewing booths, among other matters).
[2]
Editor's Note: See 47 P.S. § 1-101 et seq.
P.
An adult use shall not exist on the same lot as a use that sells
alcoholic beverages.
[Added 6-26-2014 by Ord. No. 1290, approved 6-26-2014]
A maximum of one family shall inhabit a dwelling unit. See the definition of "family" in § 157-30, which is applicable in limiting the number of unrelated persons who shall comprise one family. Consistent with the definition of "family," a maximum of four unrelated persons shall be permitted to inhabit a dwelling unit, except as follows:
A.
No maximum number shall apply within residence halls located on land
owned by an accredited university within the I-U Zoning District.
B.
The Zoning Hearing Board shall also have the authority by special
exception to approve an increase in the maximum number of unrelated
persons allowed in a specific dwelling unit if the applicant proves
to the satisfaction of the Zoning Hearing Board that such higher number
is required in order to comply with the Americans With Disabilities
Act, the Federal Fair Housing Amendments Act or applicable court decisions.
[Added 10-19-2021 by Ord.
No. 1380, approved 10-19-2021]
A.
A zoning permit shall be required for all short-term rental land
uses within the Borough.
B.
Short-term rental land uses shall be permitted as set forth in § 157-39 (Attachment 1, Table of use Regulations).
C.
The owner shall possess a current valid short-term rental license issued by the Borough in accordance with the short-term rental ordinance of East Stroudsburg Borough, contained in Chapter 124 of the Code.
D.
Adequate off-street parking shall be provided in accordance with § 157-64C for single-family dwellings.
E.
In addition to the other information required by this chapter, the
applicant shall provide the following as part of the application for
a zoning permit for a short-term rental land use:
(1)
The name, address, telephone number and email address of the
owner. If the owner is not a full-time resident of the Borough of
East Stroudsburg or does not live or have a primary physical work
address (beyond a post office box) within a twenty-mile radius of
the Borough of East Stroudsburg and within the Commonwealth of Pennsylvania,
then the owner shall designate a person to serve as manager who does
reside or have a primary physical work headquarters (beyond a post
office box) within a twenty-mile radius of the Borough of East Stroudsburg.
If the owner is a corporation, partnership or similar entity, a manager
shall be appointed meeting the above requirements. If the owner is
not required to have, or has not designated, a manager, then the owner
shall provide a twenty-four-hour telephone number. If the owner uses
a manager, that manager shall have written authorization to accept
service for the owner.
(2)
The name, address, and twenty-four-hour telephone number of
the manager.
(3)
Floor plans for the short-term rental, including total habitable
floor space and total number of bedrooms.
(4)
If the building is a multi-dwelling-unit structure, the total
number of dwelling units in the structure and the number of dwelling
units being used as short-term rentals. Each dwelling unit in a multi-dwelling-unit
structure is required to have a separate short-term rental license.
(5)
A site plan showing the location and number of on-site parking
spaces. If not on a central sewer system, the location, approximate
age and capacity of the sewage disposal system.
(6)
Copies of current Monroe County hotel room excise tax certificate
and current Pennsylvania sales and use tax license.
(7)
Signatures of both the owner and the manager.
(8)
Trespass waiver signed by the owner allowing access to the premises
for the Code Enforcement Officer and the Rental Housing Inspector
for the purpose of inspection to verify compliance with this section.
(9)
Copy of the current recorded deed for the premises establishing
ownership.
(10)
Evidence that there are no delinquent Borough water, sewer and
solid waste collection fees for all properties owned, in whole or
in part, by the owner in the Borough.
(11)
A copy of a contract with a solid waste hauler to remove solid
waste from the short-term rental premises. Short-term rental premises
are not included in the Borough's municipal solid waste collection
service; short-term rental premises must have a private solid waste
hauler with weekly pickup. No dumpsters are permitted.
(12)
Evidence that there are no delinquent Monroe County hotel room
excise tax or Pennsylvania sales/use taxes due and owing with respect
to short-term rentals or all properties owned, in whole or in part,
by the owner in the Borough.
(13)
Certificate of insurance evidencing that at least $500,000 in
general liability insurance is in effect with respect to the short-term
rental, issued by an insurance company licensed to do business in
Pennsylvania, which shall be maintained in full force and effect by
the owner for the entire period the short-term license is in effect.
(14)
Fees for a zoning permit for a short-term rental land use shall
be in such amount as may be established by resolution duly adopted
by the Borough Council.
