Borough of Edgeworth, PA Use Regulations

Editor's Note: The Table of Use Regulations is included at the end of this chapter.

Editor's Note: Original Subsection A.3.s, School, which immediately followed this subsection, was repealed 3-11-2008 by Ord. No. 513.

[2]

Editor's Note: Former Subsection A(4)(d), regarding gas resources development, was repealed 1-21-2020 by Ord. No. 553.

[1]

Editor's Note: Original Subsection A.3.t, School, which immediately followed this subsection, was repealed 3-11-2008 by Ord. No. 513.

[2]

Editor's Note: Former Subsection A(4)(b), regarding gas resources development, was repealed 1-21-2020 by Ord. No. 553.

[1]

Editor's Note: The Zoning Map is included at the end of this chapter.

Agricultural uses:

(1)

Agricultural operation (crop farming), conditional use in SU District:

(a)

The raising, keeping and sale of field, truck and tree crops. This use shall not be detrimental to natural features. The use of untreated human sewage as fertilizer is prohibited. Crop farms must be responsive to existing topography and natural vegetation, slope stability and erosion control. Erosion and sedimentation plans must be submitted in conformity with Soil Conservation Service conservation district guidelines as promulgated by Allegheny County.

(b)

Parking: one off-street parking space for each employee in addition to two spaces for any residential use.

(2)

Nursery, conditional use in SU District:

(a)

The outdoor raising of plants, shrubs and trees for sale and transplantation. Retail sales are permitted only where the lot exceeds two acres.

(b)

Parking: one off-street parking space for each employee and one off-street parking space for each 300 square feet of gross area used or intended to be used as a sales area.

(3)

Greenhouse, conditional use in SU District:

(a)

The indoor raising of plants, shrubs and trees for sale and transplantation. Retail sales are permitted only where the lot exceeds two acres.

(b)

Parking: one off-street parking space for each employee and one off-street parking space for each 300 square feet of gross area used or intended to be used as a sales area.

(4)

Kennel (private or commercial), conditional use in SU District:

(a)

Any lot on which animals are kept, boarded or trained for fee, whether or not in special buildings or runways, including but not limited to dog and cat kennels, provided that:

[1]

The minimum lot size shall not be less than 10 acres.

[2]

No animal shelter or runs shall be located closer than 200 feet to any lot line.

(b)

Parking: one off-street parking space for each employee plus one space for each eight animals in capacity.

(5)

Stable (private or commercial), conditional use in SU District:

(a)

Any lot on which horses are kept, boarded, trained or rented for fee, provided that:

[1]

The minimum lot size shall not be less than 10 acres.

[2]

No shelter shall be located closer than 200 feet to any lot line.

(b)

Parking: one off-street parking space for each employee plus one space for each four animals at capacity.

Residential uses:

(1)

Single-family detached dwelling, permitted principal use in R-1, R-2, R-3, SU and CO Districts:

(a)

Parking: two off-street spaces per dwelling unit; no front-yard parking except on driveway to side and rear yards.

(2)

Two-family dwelling, permitted principal use in SU District.

(a)

Parking: minimum four off-street spaces, no front yard parking permitted.

(3)

Triplex, conditional use in C-1 and C-2 Districts:

(a)

Parking: minimum six off-street spaces per dwelling unit; no front-yard parking except on driveway to side and rear yards.

(4)

Townhouse, conditional use in C-1 and C-2 Districts:

(a)

Parking: minimum three off-street parking spaces per dwelling unit, no front yard parking is permitted.

(5)

Apartment dwelling, conditional use in C-1 and C-2 Districts:

(a)

Parking: two off-street spaces per dwelling unit; no front-yard parking except on driveway to side and rear yards.

(6)

Quadruplex, conditional use in C-1 and C-2 Districts:

(a)

Parking: 2 1/2 off-street spaces per dwelling unit; no front-yard parking except on driveway to side and rear yards.

(7)

Conversion, conditional use in SU, C-1 and C-2 Districts. Conversion of an existing building to a dwelling unit, subject to the following provisions:

(a)

Except as may be necessary for purposes of safety in accordance with Subsection B(7)(b) herein, there shall be no major structural change in the exterior of the building in connection with the conversion, and after conversion, the building shall retain substantially the same structural appearance it had before such conversion. Any substantive structural changes are subject to the approval of Council.

(b)

Any such conversion shall comply with the minimum Pennsylvania Construction Code Act standards applicable to a like dwelling unit as required by the Pennsylvania Department of Labor and Industry.

(c)

Minimum lot areas, parking restrictions, yard requirements and maximum height standards of the district in which the structure is located are applicable to each dwelling unit upon conversion of the structure.

(8)

Dwelling in combination, conditional use in C-1 and C-2 District:

(a)

Where two or more multifamily structures (duplex, triplex, quadruplex, townhouse or apartment buildings) are proposed for development on a single lot or parcel, or on individual lots whether initially or in phases, the following standards shall apply:

[1]

Bufferyards shall be provided along the perimeter of the tract proposed for development, or the individual lots proposed for development in accordance with § 130-41, Bufferyards, as follows:

[a]

Abutting a developed lot with an occupied single-family dwelling.

[b]

On the perimeter of the zoning district where such uses are permitted and the boundary lot line is coterminous with the zoning district boundary line.

[2]

A visitor parking area designed and constructed to minimum Borough standards shall be provided on one or more lots with a minimum of two additional parking spaces.

[3]

An area for stormwater detention, commonly owned and maintained by the tenants or owners of each dwelling unit shall be provided on one or more lots identified on the plat prior to recording, and designed and constructed to minimum Borough standards.

[4]

Where there are six or more dwelling units proposed to be constructed whether initially or in phases, a minimum of 40% of the subject parcel or aggregate total area of new lots identified shall be provided as open space commonly owned and maintained by the tenants or owners of each dwelling unit on one or more lots.

[5]

For the purpose of mitigation of environmental impacts, any subdivision or land development which includes eight or more dwelling units in any configuration on a single parcel or individual lots, whether proposed initially or in phases, shall be considered a clustered subdivision development when proposed in the SU Special Use District, and the provisions of Article XII shall also apply.

(9)

Multifamily dwelling, conditional use in C-1 and C-2 Districts:

(a)

Dwellings shall comply with the dimensional criteria outlined in § 130-79, Subsections C and D.

(b)

An on-lot stormwater management plan shall be prepared and submitted for review and approval by the Borough Engineer.

(c)

A minimum fifteen-foot wide bufferyard, planted with a 50%/50% mix of evergreen and deciduous trees on twelve-foot centers shall be provided along any lot boundary line abutting a lot accommodating a single-family detached dwelling.

(10)

Mobile home park, conditional use in C-2 District. A mobile home park is subject to the following provisions:

(a)

All provisions of Chapter 113, Subdivision and Land Development, regulating mobile home parks in the Borough are met.

(b)

The minimum yard requirements for each mobile home lot shall be 25 feet for front yards, 20 feet for rear yards and 10 feet for side yards. Such yards shall be measured from the perimeter of the mobile home slab.

(c)

Each mobile home shall be placed on a concrete slab of at least five inches in thickness which shall have installed in it at least six tie-down rings to which the mobile home shall be secured.

(d)

The area between the mobile home slab and the perimeter of the mobile home shall be enclosed by means of wood or aluminum skirting or other similar material.

(e)

Every mobile home slab shall have access to a public street in accordance with appropriate subdivision regulations for private access drives.

(f)

The minimum number of spaces completed and ready for occupancy before the first occupancy is permitted shall be nine.

(g)

No space shall be rented for residential use of a mobile home in any such park except for periods of 180 days or more.

(h)

Public sewerage shall be required.

(i)

Plans for any mobile home park shall be submitted in conformance with appropriate articles of the Borough Subdivision and Land Development Ordinance regulations, Chapter 113, and the bufferyard requirements of § 130-41 herein.

(j)

The minimum lot size for a mobile home park is five acres.

(11)

Short-term rentals, permitted use in the R-3 District:

[Added 2-20-2018 by Ord. No. 548]

(a)

Permit required. Before advertising and renting a dwelling unit for use as a short-term rental, the property owner shall apply for and receive a permit from the Borough Manager. The permit application shall include the following:

[1]

The property owner's name;

[2]

The number of bedrooms available for rent;

[3]

The approximate number of days per year the dwelling unit will be available for short-term rental;

[4]

Confirmation of insurance coverage, as required by § 130-28B(11)(h);

[5]

The name and contact information of a person whose primary residence is located within 10 miles of the Borough and who will accept responsibility to respond to complaints raised while the dwelling unit is being utilized as a short-term rental. Said person must also sign the application and agree to be responsible for handling complaints if the owner is not available.

(b)

Parking. Each short-term rental shall provide sufficient off-street parking to accommodate all vehicles used by the short-term renters.

(c)

Minimum stay. Short-term rentals shall be advertised and rented for a period of at least three consecutive nights.

(d)

Maximum occupancy. No short-term rental may accommodate more than two renters per bedroom contained in the dwelling unit.

(e)

Noise. Short-term rentals shall comply with all noise requirements contained in § 130-50.

(f)

Signage. No signage shall be permitted on the premises that advertises the short-term rental.

(g)

Maximum days per year. Short-term rental of a dwelling unit shall not exceed, in total, a maximum of 182 days in a calendar year. Short-term rentals in excess of that limitation shall be considered a hotel/motel use, which is limited to the C-1 Zoning District.

(h)

Insurance. Each owner of a dwelling unit used for short-term rentals shall maintain and keep in force commercial liability insurance (including broad form property damage, personal injury, and fire damage) in amounts not less than $100,000 per occurrence, $300,000 aggregate, combined single limit for both bodily injury and property damage. A certificate evidencing said insurance shall be submitted to the Borough with the short-term rental application.

Institutional or recreational uses:

(1)

Place of worship, conditional use in C-1 and C-2 Districts:

(a)

Place or religious worship, provided that the following requirements are met:

(b)

In all districts, access to a collector street, as defined in Chapter 113, Subdivision and Land Development, as amended, is required.

(c)

Parking: one off-street parking space for each four seats provided for patron use or at least one off-street parking space for each 25 square feet of gross floor area used or intended to be used for service to patrons, guests or members, whichever requires the greater number of off-street parking spaces, plus one additional space for each full-time employee.

(2)

School, conditional use in R-3 District only (but requirements are also applicable to all schools, including nonconforming schools in other districts):

[Amended 2-19-2008 by Ord. No. 513]

(a)

Private school or public school which is not conducted as a private gainful business. In all districts, access to a collector or primary street, as defined in Chapter 113, Subdivision and Land Development, is required.

(b)

The use must meet the following requirements:

[1]

Provide safe and adequate traffic flow in accordance with a traffic study to be prepared by a traffic engineer selected by the Borough, with the cost of such study to be borne by the party seeking the use.

[2]

Prohibit glare due to site lighting.

[3]

Provide sufficient screening, as determined by a study prepared by a qualified landscape architect to be selected by the Borough, with the reasonable cost of such study to be borne by the party seeking the use, of outdoor play areas to protect the neighborhood from inappropriate noise and other disturbance.

[4]

Provide fencing to control pedestrian ingress and egress.

(c)

Parking.

[1]

Elementary school: one off-street parking space for each faculty member and employee, plus one space per two classrooms and offices.

[2]

Junior high school: one off-street parking space for each faculty member and employee, plus one space per classrooms and offices.

[3]

Senior high school: one off-street parking space per faculty member and employee, plus one space per 10 students of projected building capacity.

[4]

College and junior college: one off-street parking space per faculty member and employee, plus one space for each 10 classroom seats, or one off-street parking space for each 10 auditorium seats, whichever requires the greater number of off-street parking spaces.

(3)

Commercial school, conditional use in C-1 District and permitted use in C-2 District:

[Added 2-19-2008 by Ord. No. 513]

(a)

Trade or professional school, music or dancing school.

(b)

Parking: one off-street parking space per faculty member and employee, plus one space per three nonresident students, plus one space per five resident students if residents are permitted to have cars.

(4)

Library/museum, permitted principal use in C-2 District:

(a)

Library or museum, open to the public or connected with a permitted educational use and not conducted as a private gainful business. The Council shall establish such minimum yard requirements as it shall deem appropriate for such use.

(b)

Parking: one space per five seats or one space per 250 square feet of gross floor area where no seats are provided.

(5)

Community center, conditional use in C-1 District:

(a)

Community center, adult education center, or other similar facility operated by an educational, philanthropic or religious institution, subject to the following additional provisions:

[1]

The use shall not be conducted as a private gainful business.

[2]

No outdoor recreation area shall be located nearer to any lot line than the required front yard depth.

(b)

The use must meet the following requirements:

[1]

Provide safe and adequate traffic flow as determined under the procedure set forth in § 130-28C(2)(b)[1] herein.

[2]

Prohibit glare due to site lighting.

[3]

Provide sufficient screening of outdoor play areas to protect the neighborhood from inappropriate noise and other disturbance as determined under the procedure set forth in § 130-41 herein.

[4]

Provide fencing to control pedestrian ingress and egress.

[5]

In all districts, access to a collector street as defined in Chapter 113, Subdivision and Land Development, is required.

(c)

Parking.

[1]

One off-street parking space for each four seats provided for patron use or at least one off-street parking space for each 50 square feet of gross floor area used or intended to be used for service to customers, patrons, clients, guests or members, whichever requires the greater number of off-street parking spaces, plus one additional space for each full-time employee.

(6)

Day nursery, conditional use in C-2 District:

(a)

Day nursery, nursery school, kindergarten or other agency giving day care to children, subject to the following additional provisions:

[1]

Outdoor play areas shall be sufficiently screened, as determined under the procedure set forth in § 130-41 herein, and insulated so as to protect the neighborhood from inappropriate noise and other disturbance.

[2]

The minimum lot size and setback restrictions shall be the same as that required for a single-family residence for the applicable residential district.

[3]

Sufficient facilities for passenger loading and unloading shall be provided.

(b)

Parking: at least one off-street space for each teacher, administrator and maintenance employee and one additional space for each six children enrolled.

(7)

Hospital, use by special except in C-1 District:

(a)

An establishment, licensed prior to any approvals hereunder by the American Hospital Association, which provides health services primarily for inpatient medical or surgical care of the sick or injured, including such related facilities as laboratories, outpatient departments, training facilities, central service facilities and staff offices as an integral part of the establishment. A hospital is subject to the following additional provisions:

[1]

Provide sufficient facilities for passenger loading and unloading.

[2]

Provide safe and adequate traffic flow as determined under the procedure set forth in § 130-28C(2)(b)[1] herein.

[3]

Prohibit glare due to site lighting.

[4]

Provide adequate ingress and egress of pedestrian flow.

[5]

Provide buffering in conformance with the provisions of Article VII.

(b)

Parking: 1 1/2 off-street parking spaces per inpatient bed or one off-street parking space per 600 square feet of gross floor area, excluding mechanical and storage space, whichever is greater.

(8)

Nursing home, conditional use in C-2 District:

(a)

Nursing or convalescent home, duly licensed prior to any approvals hereunder, subject to the following additional provisions:

[1]

A lot area of not less than one acre or 2,000 square feet per resident, whichever is greater, is required.

[2]

No more than 20 resident patients shall be accommodated at any one time.

[3]

Sufficient facilities for on-site passenger loading and unloading shall be provided.

[4]

Provide safe and adequate traffic flow as determined under the procedure set forth in § 130-28C(2)(b)[1] herein.

[5]

Prohibit glare due to site lighting.

[6]

Provide adequate ingress and egress of pedestrian flow.

[7]

Provide buffering in conformance with the provisions of Article VII.

(b)

The Council shall establish such minimum setback requirements as it shall deem appropriate for such use.

(c)

Parking: 1/2 off-street parking space for each patient bed, plus at least one additional off-street parking space for each staff and visiting doctor, plus one additional parking space for each employee, including nurses, on the two major shifts.

(9)

Group home, conditional use in C-2 District:

(a)

Any dwelling occupied by six or fewer persons, including staff, whether operated for profit or not, which provides for a period exceeding 24 hours one or more personal services for persons not related to the owner or administrator by law, blood, marriage or adoption, and not in foster care, who require such services. The personal services, in addition to housing and food services, may include, but not be limited to personal assistance with bathing, dressing, housekeeping, adult supervision, emotional security and other related services, but not including medical services. For the purposes of this chapter, group homes shall not be deemed to include rooming or boarding home, fraternities, sororities, clubs, monasteries or convents, hotels or nursing homes.

(b)

This use must meet the following requirements:

[1]

Sufficient screening and buffering of outdoor recreation spaces to protect the neighborhood from inappropriate noise and other disturbance as determined under the procedure set forth in § 130-41 herein shall be provided.

[2]

If the facility is one that is licensed or certified by a governmental agency, then the license or certification shall be a condition for any approvals hereunder, and any suspension or revocation of the license or certification will automatically revoke the conditional use approval.

[3]

Any change in ownership or in condition of operation from that originally approved will require a new conditional use application and approval.

[4]

The Borough will require a periodic review of the conditional use approval every three years to determine if the facility is still operating in accordance with the terms of the original approval. If so, the renewal of the approval will be automatic.

[5]

No group home may be located within 2,000 feet of another group home.

(c)

Parking: 1/2 off-street parking space for each nonstaff resident and one off-street parking space for each staff resident. A minimum of two spaces shall be paved with site space allowance for additional spaces as required by resident use.

(10)

Funeral home, conditional use in the C-2 District:

(a)

Mortuary or funeral home.

(b)

This use must meet the following requirements:

[1]

Provide safe and adequate traffic flow as determined under the procedure set forth in § 130-28C(2)(b)[1] herein.

[2]

Provide adequately for safe assembly of funeral cortege.

(c)

Parking: one off-street parking space for each four seats provided for patron use or at least one off-street parking space for each 50 square feet of gross floor area used or intended to be used in the operation of the establishment, whichever requires the greater number of off-street parking spaces, plus one additional space for each full-time employee.

(11)

Public park/recreational facility, conditional use in R-1, R-2, R-3, SU, C-1 and C-2 Districts:

(a)

Recreational facility or park owned or operated by the Borough or other governmental agency.

(b)

The use must meet the following requirements:

[1]

Provide safe and adequate traffic flow as determined under the procedure set forth in § 130-28C(2)(b)[1] herein.

[2]

Prohibit glare due to site lighting.

[3]

Provide sufficient screening and buffering to protect the area from inappropriate noise and other disturbance as determined under the procedure set forth in § 130-41 herein.

(c)

Parking: one off-street parking space for each five persons of total designed capacity.

(12)

Private club, conditional use in C-1 and C-2 Districts:

(a)

Private club subject to the following additional provisions:

[1]

Shall not be conducted as a gainful private business.

[2]

Shall be for members and their authorized guests only.

[3]

Provide safe and adequate traffic flow as determined under the procedure set forth § 130-28C(2)(b)[1] herein.

[4]

No outdoor active recreation area shall be located nearer to any lot line than the required front yard depth.

[5]

Provide sufficient screening so as to protect the neighborhood from inappropriate noise and other disturbance as determined under the procedure set forth in § 130-41 herein.

[6]

Provide fencing to control pedestrian ingress and egress.

(b)

Parking: one off-street parking space for every five members of total capacity or at least one off-street parking space for each 50 square feet of gross floor area used or intended to be used for service to customers, patrons, clients, guests or members, whichever requires the greater number of off-street parking spaces, plus one additional space for each full-time employee.

(13)

Emergency service, permitted principal use in C-1 and C-2 Districts, conditional use in R-1, R-2, R-3 and SU Districts:

(a)

Fire, ambulance, rescue and other emergency service buildings of a municipal or volunteer nature on parcels with a minimum size of three acres.

(b)

The use must meet the following requirements:

[1]

Provide safe and adequate traffic flow as determined under the procedure set forth in § 130-28C(2)(b)[1] herein.

[2]

Prohibit glare due to site lighting.

[3]

Provide sufficient screening to protect the neighborhood from inappropriate noise and other disturbance from inappropriate noise and other disturbance as determined under the procedure set forth in § 130-41 herein.

(c)

Parking: three off-street parking spaces for every four employees on the two major shifts at maximum employment or four off-street parking spaces for each fire truck where no community room is a part of the building, whichever requires the greater number of parking spaces; where a community room is provided, two off-street parking spaces for each fire truck, plus one off-street parking space for each 50 square feet of gross floor area.

(14)

Helipads (as approved), conditional use in C-2 District:

(a)

Minimum landing areas. The minimum tract size for helipads shall be of sufficient size to meet the following requirements:

[1]

Minimum size of the landing area shall be 200 feet square or a circle with a diameter of 200 feet.

[2]

The landing pad shall be a minimum size of 60 feet square and have a hard surface area of two times the rotor diameter.

(b)

Helipads accessory to a hospital shall be limited to use by emergency vehicles and health system personnel.

(c)

The use of the helipad shall be limited to helicopters owned by the landowner.

(d)

A private use helipad shall be located at least 500 feet from any property line or public street.

(e)

The helicopter landing pad shall be clearly marked with the insignia commonly recognized to indicate a private use helipad.

(f)

Evidence of compliance with all applicable regulations of the Federal Aviation Administration (FAA) and the Pennsylvania Department of Transportation, Bureau of Aviation shall be submitted.

(g)

Maintenance of the helicopter, other than emergency maintenance, and permanent storage of the helicopter shall not be permitted on the private use helipad.

(h)

Storage of fuel at the private use helipad shall not be permitted.

(i)

Clear areas for emergency landings of the helicopter in the event of mechanical failure on approach or departure shall be provided. These emergency landings areas shall be located within the normal glide range of the helicopter with one engine off when operating in the approved takeoff or landing lane from the private use helipad.

(j)

The operation of the private use helipad shall comply with the noise standards of § 130-50 of this chapter.

(k)

Lighting shall be shielded away from adjacent properties and streets.

Office uses.

(1)

Medical office, permitted principal use in C-1 and C-2 Districts:

(a)

Office or clinic, other than home occupation, for medical or dental examination or treatment of persons as outpatients, including laboratories incidental thereto.

(b)

Parking: six off-street parking spaces per doctor, plus one additional space per each employee.

(2)

General office, permitted principal use in C-1 and C-2 Districts:

(a)

Business, professional, real estate or government office. This Subsection D, as applied to a medical office or any office, shall be subject to the restrictions imposed by § 130-97 of this chapter.

(b)

Parking: one off-street parking space for each 300 square feet of gross floor area.

Retail/commercial.

(1)

Retail sales (less than 6,000 square feet in gross floor area), permitted principal use in C-1 District, conditional use in C-2 District:

(a)

Retail shops and stores selling apparel, books, confections, drugs, dry goods, computer and computer software sales, flowers, foodstuffs, furniture, gifts, hardware, toys, household appliances, jewelry, notions, periodicals, shoes, stationery, tobacco, paint, records, cards, novelties, hobby and art supplies, music, luggage, sporting goods, pets, floor covering, garden supplies and fabrics, provided that all products produced on the premises are sold on the premises at retail. Also included within this use shall be the sale of soft drinks, beer and alcoholic beverages in sealed containers, not for consumption on the premises.

(b)

Parking: one off-street parking space for each 200 square feet of gross area used or intended to be used for servicing customers, plus one additional space for each full-time employee.

(2)

Financial establishment, permitted principal use in C-1 and C-2 Districts:

(a)

Banks, savings and loan association, credit union and other financial establishment.

(b)

Parking: one off-street parking space for each 300 square feet of gross area used or intended to be used for servicing customers, plus one additional space for each full-time employee. Parking requirements do not apply in the C-1 District.

(3)

Eating place, permitted principal use in C-1 District, conditional use in C-2 District:

[Amended 10-20-2015 by Ord. No. 541]

(a)

Eating place for the sale and consumption of food and beverages without drive-through service. The sale of alcoholic beverages must be incidental to sale and consumption of food.

(b)

Parking: one off-street parking space for each 50 square feet of total floor area, plus one additional off-street parking space for each employee on the largest shift.

(3.5.)

Eating place, drive-through, conditional use in the C-1 District:

[Added 2-19-2008 by Ord. No. 513; amended 10-20-2015 by Ord. No. 541]

(a)

Eating place for the sale and consumption of food and nonalcoholic beverages with drive-through service.

(b)

Parking: one off-street parking space for every two seats or one off-street parking space for every 100 square feet of gross floor area, whichever requires the greater number of off-street parking spaces, plus one additional off-street space for each employee on the largest shift.

(4)

Motel/hotel, conditional use in the C-1 District:

(a)

Motel/hotel. A building or group of buildings for the accommodation of transient guest rooms for rent.

(b)

The following standards shall apply:

[1]

Provide safe and adequate traffic flow as determined under the procedure set for in § 130-28C(2)(b)[1] herein.

[2]

Provide on-site capacity for loading and unloading.

(c)

Parking: one off-street parking space for each rental room or suite, plus one additional off-street parking space for each full-time employee.

(5)

Theater, conditional use in the C-1 District:

(a)

Theater for motion picture and living performance of performing arts operated as a gainful business within a building.

(b)

The following standards shall apply:

[1]

Provide safe and adequate traffic flow as determined under the procedure set forth in § 130-28C(2)(b)[1] herein.

[2]

Provide on-site capacity for loading and unloading.

[3]

No business shall be conducted between the hours of 2:00 a.m. and 6:00 a.m. at locations adjacent to residential districts.

(c)

Parking: one off-street parking space for each four seats provided for patron use or at least one off-street parking space for each 200 square feet of gross floor area used or intended to be used for service to customers, patrons, clients, guests or members, whichever requires the greater number of off-street parking spaces, plus one additional space for each full-time employee.

(6)

Tavern, conditional use in the C-1 District:

(a)

Definition: an establishment which serve alcoholic beverages for consumption on premises and which is licensed by the Pennsylvania Liquor Control Board and which is not an eating place.

(b)

Parking: one off-street parking space for each 50 square feet of total floor area, plus one additional off-street parking space for each full-time employee.

(c)

Location: cannot be within 500 feet of the property boundary of a church, cathedral, synagogue, hospital, elementary or secondary school, public playground, public recreation center or drug and alcohol rehabilitation center.

(d)

Additional standards: in addition to the foregoing, the following standards shall also apply to taverns and the application for conditional use:

[1]

In granting the use, Council may attach reasonable conditions warranted to protect the public health, safety and welfare, including but not limited to location, fencing, screening and increased setbacks.

[2]

All conditional uses approved under this section will automatically lapse if not used for six continuous months.

[3]

All approvals will be only for the specific facilities and use set forth in the application. No additions or alterations thereto will be permitted without a new application.

(e)

If applicable, a plan showing compliance with the bufferyard provisions hereof shall be submitted with the application.

(7)

Lumberyard/home improvements, conditional use in the C-1 District:

(a)

Lumberyard, excluding planning mill.

(b)

Parking: one off-street parking space for each employee on the two major shifts at maximum employment but in no case less than one off-street parking space for every 1,000 square feet of gross floor area, including storage shed.

(8)

Veterinary, conditional use in the C-2 District:

(a)

Office of a veterinarian with accessory animal kennel. In no event shall animal kennels be allowed as a primary use. No kennels which are not fully enclosed shall be located within 200 feet of the closest lot line. All activities must be within an enclosed building.

(b)

Parking: three off-street parking spaces for each doctor, plus one space for each full-time employee.

(9)

Automotive sales: use by special exception in the C-1 District: Sale of automobiles by a new car dealership, used car, truck and heavy equipment sales and car, truck, trailer, cycle and boat rental.

(10)

Automotive accessories, conditional use in the C-1 District:

(a)

Sale of automotive accessories, parts, tires, batteries and other supplies. Installation of parts shall be in an enclosed structure.

(b)

Parking: one off-street parking space for each 200 square feet of gross floor area, plus one additional space for each full-time employee.

(11)

Retail center, conditional use in the C-1 and C-2 Districts:

(a)

A neighborhood or community retail center which is preplanned and designed as a complex of related structures and circulation patterns, subject to the following additional criteria:

[1]

Retail centers shall have a minimum site area of six acres under common ownership. This area requirement can, however, be satisfied by combining an adjacent site(s) under the same common ownership with permitted commercial uses in the zoning district.

[2]

Not more than 35% of the total lot area shall be occupied by buildings.

[3]

The following uses shall be permitted in the C-1 District: medical office, general office, retail sales, service business, financial establishment, eating place. In the C-2 District, the following uses shall be permitted: medical office, general office, retail sales, service business, financial establishment.

[4]

Any use of the same general character as any of the above-permitted uses shall be permitted when authorized as a special exception by the Zoning Hearing Board, provided that such use shall be permitted subject to such reasonable restrictions as the Board may determine.

[5]

Signs are permitted when erected and maintained in accordance with the provisions of Article XI. In addition to signs permitted in Article XI for individual establishments, one freestanding sign indicating the name of the shopping center shall be permitted, provided that:

[a]

The area on any one side of any such sign shall not exceed 75 square feet.

[b]

The location of such sign shall be as designated on or in connection with the required development plan and orientation.

[c]

The shopping center is not located in the C-2 District.

[6]

The proposed development shall be constructed in accordance with an overall plan and shall be designed as a single architectural unit with appropriate landscaping.

[7]

Outdoor storage and displays shall conform to the provisions of § 130-28G(4).

[8]

The distance at the closest point between any two buildings or groups of units of attached buildings shall be not less than 20 feet.

[9]

The proposed development shall be served by adequate water and public sewage disposal facilities, the adequacy of which shall be demonstrated and guaranteed.

[10]

Lighting facilities shall be provided and arranged in a manner which will protect the highway and neighboring properties from any direct glare or hazardous interference of any kind. In addition, § 130-74 of this chapter shall be applied with respect to signage.

(b)

Parking: 4 1/2 off-street parking spaces shall be provided and maintained for each 1,000 square feet or portion thereof of shopping center gross leasable floor area, which is the total floor area designed for tenant occupancy and use, including basements, mezzanines, storage areas and upper floors, if any, expressed in square feet and measured from the center line of common partitions and from outside wall faces.

(12)

Adult business, conditional use in the C-2 District.

(a)

Shall not be located within 1,000 linear feet of any property which is zoned residential.

(b)

Adult businesses shall not be located within 1,000 feet of the property boundary line of the following uses:

[1]

Public or private school (existing).

Day-care center.

Hospital.

Group care facility.

Nursery school.

Public park or playground.

[7]

Church (place of worship).

[8]

Establishment licensed to serve or sell alcoholic beverages.

(c)

No adult business shall be located within 1,000 linear feet of any other existing or proposed adult business.

(d)

Any adult business which exhibits on the premises, film, video cassette or other method of image production which depicts nudity or sexual conduct shall comply with the following:

[1]

At least one employee shall be on duty at all times that any patron is on the premises.

[2]

Where viewing rooms are located on the premises, an unobstructed view of access to all such rooms shall be available to the employee on duty.

[3]

No viewing room shall be occupied by more than one person at any time.

[4]

No connections or openings to adjoining viewing rooms shall be permitted.

[5]

A minimum of one footcandle of illumination measured at floor level, shall be provided in every area where patrons are permitted access.

[6]

Where live performances are given, separate stage and viewing areas shall be provided with separate access to each and no connecting access between the areas.

[7]

Alcoholic beverages shall not be sold on the premises of an adult business.

[8]

An annual occupancy permit issued by the Zoning Officer shall be secured prior to the operation of any adult business.

Industrial uses.

(1)

Manufacturing, conditional use in the C-1 District:

(a)

Manufacturing, including the production, processing, cleaning, testing and distribution of materials, goods, foodstuffs and products, but excluding the manufacture of toxic, radioactive, corrosive, flammable, explosive or carcinogenic materials, chemicals, liquids, gases or solids.

(b)

Parking: three off-street parking spaces for every four employees on the largest shift, plus one space for each company vehicle normally stored on the premises.

(2)

Research, conditional use in the C-1 and C-2 Districts:

(a)

Research, testing or experimental laboratory, but excluding the manufacture or bulk storage of toxic, radioactive, corrosive, flammable, explosive or carcinogenic materials, chemicals, liquids, gases or solids.

(b)

Parking: three off-street parking spaces for each four employees on the largest shift or one off-street parking space for every 250 square feet of gross floor area, whichever is greater, plus one space for each company vehicle normally stored on the premises.

(3)

Wholesale sales, conditional use in the C-2 District:

(a)

Wholesale business and storage but excluding toxic, radioactive, corrosive, flammable, explosive or carcinogenic materials, chemicals, liquids, gases or solids.

(b)

Parking: three off-street parking spaces for each four employees on the largest shift or one off-street parking space for every 500 square feet of gross floor area, whichever is greater, plus one space for each company vehicle normally stored on the premises.

(4)

Printing, conditional use in the C-1 District:

(a)

Printing, publishing and binding.

(b)

(5)

Contracting, conditional use in the C-2 District:

(a)

Contractor offices and shops such as building, cement, electrical, heating, masonry, painting and roofing.

(b)

Parking. Three off-street parking space for each four employees on the largest shift or one off-street parking space for every 250 square feet of gross floor area, whichever is greater, plus one space for each company vehicle normally stored on the premises.

(6)

Crafts, conditional use in the C-1 District:

(a)

Plumbing shop, carpentry shop, cabinetmaking, furniture-making and similar crafts.

(b)

(7)

Public parking lot or garage, conditional use in the C-1 District: A lot of record upon which the parking or storing of automotive vehicles is the primary use, provided that:

(a)

No sale, rental, service or repair operations of vehicles shall be performed.

(b)

The parking or storage of trucks or trailers shall not be permitted.

(c)

All parking areas shall meet the design standards of Article IX of this chapter.

(d)

Safe and adequate traffic flow is provided as determined under the procedure set forth in § 130-28C(2)(b)[1] herein.

(e)

Sufficient screening is provided to protect the neighborhood from in appropriate noise and other disturbance as determined under the procedure set forth in § 130-41 herein.

(f)

Glare due to exterior lighting is prohibited.

(8)

Public utility facility and storage yard, use by special exception in all base districts (See Article VII):

(a)

Transformer stations, pumping stations, relay stations, towers (transmission or relay), substations, switching centers, sewage treatment plants and any similar or related installations, not including public incinerators and public or private landfills. In residential districts, such uses shall be permitted as special exceptions only where all the following conditions are met:

[1]

Installation is essential to service dwellings or businesses where proposed.

[2]

No public business office or any storage yard or storage building is operated in connection with it.

[3]

A twenty-foot bufferyard shall be provided along all property lines.

[4]

Sewage treatment facilities are prohibited in residential districts.

[5]

Communication towers are prohibited in residential districts.

(b)

Parking: two off-street parking spaces, plus one off-street parking space for each employee normally in attendance at the facility at any time.

(9)

Wireless communications facilities.

[Amended 11-16-2021 by Ord. No. 556]

(a)

Purposes.

[1]

The purpose of this section is to establish uniform standards for the siting, design, permitting, maintenance, and use of wireless communications facilities in the Borough of Edgeworth (referred to herein as the "Borough"). While the Borough recognizes the importance of wireless communications facilities in providing high quality communications service to its residents, the Borough also recognizes that it has an obligation to protect public safety and to minimize the adverse effects of such facilities through the standards set forth in the following provisions.

[2]

By enacting these provisions, the Borough intends to:

[a]

Accommodate the need for wireless communications facilities while regulating their location and number so as to ensure the provision of necessary services;

[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 non-tower-based wireless communications facilities, small wireless communications facilities, and 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, small wireless communications facilities, cable Wi-Fi and other wireless communications facilities;

[e]

Minimize the adverse visual effects and the number of such facilities through proper design, siting, screening, material, color and finish and by requiring that competing providers of wireless communications services collocate their commercial communications antennas and related facilities on existing towers;

[f]

Promote the health, safety and welfare of the Borough's residents.

(b)

General requirements for all wireless communications facilities.

[1]

Standard of care. All WCFs shall meet or exceed all applicable structural standards, clearance standards, and provisions of the latest National Electrical Safety Code (NESC), American National Standards Institute (ANSI) Code, the structural standards of the American Association of State Highway and Transportation Officials, or to any other industry standard applicable to the structure. In case of conflict, the most stringent requirements shall prevail. All necessary certifications shall be obtained by the WCF applicant and provided to the Borough.

[2]

Eligible facilities requests.

[a]

WCF applicants proposing a modification to an existing WCF that does not constitute a substantial change shall be required only to obtain a building permit from the Borough Zoning Officer. In order to be considered for such permit, the WCF applicant must submit a permit application to the Borough in accordance with applicable permit policies and procedures. Such permit application shall clearly state that the proposed modification constitutes an eligible facilities request pursuant to the requirements of 47 CFR § 1.6100. The permit application shall detail all dimensional changes being made to the WCF and wireless support structure.

[b]

Timing of approval.

[i]

Within 30 calendar days of receipt of a complete application for the modification of an existing WCF that does not constitute a substantial change, the Borough Zoning Officer shall notify the WCF applicant in writing of any information that may be required to complete such application.

[ii]

Within 60 days of receipt of a complete application for the modification of an existing WCF that does not constitute a substantial change, the Borough Zoning Officer shall issue the required building and zoning permits authorizing construction of the WCF.

[3]

Wind and ice. All WCFs 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.

[4]

Aviation safety. WCFs shall comply with all federal and state laws and regulations concerning aviation safety.

[5]

Public safety communications. WCFs shall not interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.

[6]

Radio frequency emissions. A 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 WCF applicant shall submit proof of compliance with all applicable standards relating to radio frequency emissions as part of any complete WCF application.

[7]

Nonconforming wireless support structures. WCFs shall be permitted to collocate upon existing nonconforming wireless support structures. Collocation of WCFs upon existing wireless support structures is encouraged even if the wireless support structure is nonconforming as to use within a zoning district.

[8]

Indemnification. Each person that owns or operates a 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 WCF shall defend any actions or proceedings against the Borough in which it is claimed that personal injury, including death, or property damage was caused by the construction, installation, operation, maintenance or removal of a 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.

[9]

Noncommercial usage exemption. Borough residents utilizing satellite dishes, citizen and/or band radios, and antennas for the purpose of maintaining television, phone, and/or internet connections at their residences shall be exempt from the regulations enumerated in this § 130-28F(9).

[10]

Maintenance. The following maintenance requirements shall apply:

[a]

All WCFs shall be fully automated and unattended on a daily basis and shall be visited only for maintenance, repair or replacement.

[b]

Such maintenance shall be performed to ensure the upkeep of the WCF in order to promote the safety and security of the Borough's residents and in accordance with all applicable Borough, state and federal regulations.

[c]

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

(c)

Specific requirements for non-tower wireless communications facilities.

[1]

The following regulations shall apply to all non-tower WCFs that do not meet the definition of a small WCF:

[a]

Small WCF exemption. Non-tower WCFs that meet the definition of a small WCF shall be exempt from the requirements of this § 130-28F(9)(a)[2]. Such small WCFs shall be subject only to applicable permitting and the requirements of § 130-28F(9)(e).

[b]

Conditional use authorization required. Any WCF applicant proposing the construction of a new non-tower WCF, or the substantial change of an existing non-tower WCF, shall first obtain a conditional use authorization from the Borough. The conditional use application shall demonstrate that the proposed facility complies with all applicable provisions in the Borough of Edgeworth Zoning Ordinance.

[c]

Development regulations.

[i]

The total height of any wireless support structure and mounted non-tower WCF shall not exceed 10 feet above the maximum height permitted in the underlying zoning district, unless the WCF applicant applies for, and subsequently obtains, a variance.

[ii]

In accordance with industry standards, all non-tower WCF applicants must submit documentation to the Borough showing that the proposed non-tower WCF is designed to be the minimum height technically feasible and justifying the total height of the non-tower WCF. Such documentation shall be analyzed in the context of such justification on an individual basis.

[iii]

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

[iv]

A security fence not to exceed eight feet in height 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.

[d]

Design. Non-tower WCF shall employ stealth technology and be treated to match the wireless support structure in order to minimize aesthetic impact. The application of the stealth technology utilized by the WCF applicant shall be subject to the approval of the Borough.

[e]

Prohibited on certain structures. No non-tower WCF shall be located on single-family detached residences, single-family attached residences, semi-detached residences, duplexes, or any residential accessory structure.

[f]

Where the non-tower WCF is proposed for collocation on a wireless support structure that is not owned by the WCF applicant, the WCF applicant shall present documentation to Council that the owner of the wireless support structure has authorized collocation of the proposed non-tower WCF.

[g]

Historic buildings. No non-tower 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 an historic district, or is included in the official historic structures list maintained by the Borough.

[h]

Removal. In the event that use of a non-tower WCF is 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 WCF, or portions of WCF, shall be removed as follows:

[i]

All abandoned or unused WCFs and accessory equipment shall be removed within 60 days of the cessation of operations at the site unless a time extension is approved by the Borough.

[ii]

If the WCF or accessory equipment is not removed within 60 days of the cessation of operations at a site, or within any longer period approved by the Borough, the WCF and/or associated facilities and equipment may be removed by the Borough and the cost of removal assessed against the owner of the WCF.

[i]

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 at its sole discretion and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of these WCF provisions. The WCF applicant and/or owner of the WCF shall reimburse the Borough for all costs of the Borough's consultant(s) in providing expert evaluation and consultation in connection with these activities.

[j]

Permit fees. The Borough may assess appropriate and reasonable permit fees directly related to the Borough's actual costs in reviewing and processing the application for approval of a non-tower WCF, as well as related inspection, monitoring and related costs. Such permit fees shall be established by the Borough Fee Schedule and shall comply with the applicable requirements of the FCC.

[k]

Insurance. 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.

[l]

Maintenance. To the extent permitted by law, the following maintenance requirements shall apply:

[i]

The non-tower WCF shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.

[ii]

Such maintenance shall be performed to ensure compliance with applicable structural safety standards and radio frequency emissions regulations.

[iii]

All maintenance activities shall conform to industry maintenance standards.

[m]

Removal, replacement and substantial change.

[i]

The removal and replacement of non-tower WCF and/or accessory equipment for the purpose of upgrading or repairing the WCF is permitted, so long as such repair or upgrade does not constitute a substantial change.

[ii]

Any substantial change to a WCF shall require notice to be provided to the Borough Zoning Officer, and possible supplemental permit approval as determined by the Borough Zoning Officer.

[n]

Inspection. The Borough reserves the right to inspect any WCF to ensure compliance with the provisions of the Zoning Ordinance 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 lease area of any property upon which a WCF is located at any time, upon reasonable notice to the operator, to ensure such compliance.

[o]

Timing of approval.

[i]

Within 30 calendar days of the date that an application for a non-tower 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.

[ii]

Within 90 days of receipt of a complete application for a non-tower WCF on a preexisting wireless support structure that substantially changes the wireless support structure to which it is attached, 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.

(d)

General and specific requirements for tower-based wireless communications facilities.

[1]

The following regulations shall apply to all tower-based wireless communications that do not meet the definition of a small WCF.

[a]

Small WCF exemption. Tower-based WCFs that meet the definition of a small WCF shall be exempt from the requirements of this § 130-28F(9)(d). Such small WCFs shall be subject only to applicable permitting and the requirements of § 130-28F(9)(e).

[b]

Conditional use authorization required. Tower-based WCFs are permitted outside the public rights-of-way by conditional use and at a height necessary to satisfy their function in the WCF applicant's wireless communications system, subject to the requirements of this § 130-28F(9)(d).

[i]

Upon submission of an application for a tower-based WCF and the scheduling of the public hearing upon the application, the WCF applicant shall send via First Class Mail notice to all owners of every property within 500 feet of the proposed facility, advising of the subject matter and date of such hearing. Such notice shall be sent 10 days in advance of any such hearing. The WCF applicant shall provide proof of the notification to Council along with the list of return receipts received.

[ii]

Prior to Council's approval of a conditional use authorizing the construction and installation of a tower-based WCF, it shall be incumbent upon the WCF applicant for such conditional use approval to prove to the reasonable satisfaction of Council that the WCF applicant cannot adequately extend or infill its communications system by the use of equipment such as repeaters, antenna(s) and other similar equipment installed on existing structures, such as utility poles or their appurtenances and other available structures. The WCF applicant shall further demonstrate that the proposed tower-based WCF must be located where it is proposed in order to serve the WCF applicant's service area and that no other viable, less-intrusive alternative location exists.

[iii]

The conditional use application shall include a site plan, drawn to scale, showing property boundaries, power location, total height of the tower-based WCF, guy wires and anchors, existing structures, elevation drawings, typical design of proposed structures, parking, fences, landscaping and existing uses on adjacent properties.

[iv]

The conditional use application shall be accompanied by a description of the type and manufacturer of the proposed transmission/radio equipment, the frequency range (megahertz band) assigned to the WCF applicant, the power in watts at which the WCF applicant transmits, and any relevant related tests conducted by the WCF applicant in determining the need for the proposed site and installation.

[v]

The conditional use application shall include evidence that a significant gap in wireless coverage or capacity exists with respect to all wireless operators in the applicable area and that the type of WCF being proposed is the least intrusive means by which to fill that gap in wireless coverage. The existence or nonexistence of a gap in wireless coverage shall be a factor in the Borough's decision on an application for approval of tower-based WCF.

[vi]

The conditional use application shall also be accompanied by documentation demonstrating that the proposed tower-based WCF complies with all state and federal laws and regulations concerning aviation safety.

[vii]

Where the tower-based WCF is located on a property that is not owned by the WCF applicant, the WCF applicant shall present documentation to Council that the owner of the property has granted an easement or other property right, if necessary, for the proposed WCF and that vehicular access will be provided to the facility.

[viii]

Prior to the Borough Zoning Officer's issuance of a zoning permit authorizing construction and erection of a tower-based WCF, a structural engineer licensed in the Commonwealth of Pennsylvania shall issue to the Borough Zoning Officer a written certification of the proposed WCF's ability to meet the structural standards offered by either the Electronic Industries Association or the Telecommunication Industry Association and certify the proper construction of the foundation and the erection of the structure. This certification shall be provided as part of the conditional use application.

[ix]

An application for a new tower-based WCF shall demonstrate that the proposed tower-based WCF cannot be accommodated on an existing wireless support structure. Council may deny an application to construct a new tower-based WCF if the WCF applicant has not made a good faith effort to mount the antenna(s) on an existing wireless support structure. The WCF applicant shall demonstrate that it contacted the owners of tall structures, buildings, and towers within a one-mile radius of the site proposed, sought permission to install an antenna on those structures, buildings, and towers and was denied for one of the following reasons:

[A]

The proposed antenna and accessory equipment would exceed the structural capacity of the existing building, structure or tower, and its reinforcement cannot be accomplished at a reasonable cost.

[B]

The proposed antenna and accessory equipment would cause radio frequency interference with other existing equipment for that existing building, structure, or tower and the interference cannot be prevented at a reasonable cost.

[C]

Such existing buildings, structures, or towers do not have adequate location, space, access, or height to accommodate the proposed equipment or to allow it to perform its intended function.

[D]

A commercially reasonable agreement could not be reached with the owner of such building, structure, or tower.

[x]

The conditional use application shall also be accompanied by documentation demonstrating that the proposed tower-based WCF complies with all applicable provisions of this chapter.

[c]

Development regulations.

[i]

Tower-based WCFs shall not be located in, or within 100 feet of an area in which all utilities are located underground.

[ii]

Tower-based WCFs are permitted outside the public rights-of-way in the following zoning districts by conditional use, subject to the requirements of this chapter:

[A]

C-1 Commercial District.

[B]

C-2 Commercial District.

[iii]

Sole use on a lot. A tower-based WCF shall be permitted as a sole use on a lot, provided that the underlying lot is a minimum of 6,000 square feet.

[iv]

Combined with another use. A tower-based WCF may be permitted on a property with an existing use, or on a vacant parcel in combination with another use, except residential, subject to the following conditions:

[A]

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

[B]

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

[d]

Design regulations.

[i]

Height. Any tower-based WCF shall be designed at the minimum functional height. The maximum total height of a tower-based WCF which is not located in the public ROW shall not exceed 10 feet higher than the height permitted in the appropriate zoning classification, as measured vertically from the ground level to the highest point on the tower-based WCF, including antennas and subsequent alterations.

[ii]

Visual appearance and land use compatibility. Tower-based WCF shall employ stealth technology which may include the wireless support structure being painted a certain color as approved by Council or utilizing a galvanized finish. All tower-based WCFs and accessory equipment shall be aesthetically and architecturally compatible with the surrounding environment and shall maximize the use of a like facade to blend with the existing surroundings and neighboring buildings to the greatest extent possible. Council shall consider whether its decision upon the subject application will promote the harmonious and orderly development of the zoning district involved; encourage compatibility with the character and type of development existing in the area; prevent a negative impact on the aesthetic character of the community; preserve woodlands and trees existing at the site to the greatest possible extent; and encourage sound engineering and land development design and construction principles, practices and techniques.

[iii]

Anti-climbing device. Any tower-based WCF over 40 feet in height shall be equipped with an anti-climbing device, as approved by the manufacturer.

[iv]

Minimum setbacks. The minimum distance between the base of a tower-based WCF and any adjoining property line or street right-of-way line shall equal 100% of the proposed WCF structure's height or the applicable principal building setback, whichever is greater, unless the applicant shows to the satisfaction of Council that the proposed tower-based WCF has been designed in such a manner that a lesser setback will have no negative effects on public safety.

[e]

Surrounding environs.

[i]

The WCF applicant shall ensure that the existing vegetation, trees and shrubs located within proximity to the WCF structure shall be preserved to the maximum extent possible.

[ii]

The WCF applicant shall submit a soil report to Council complying with the standards of Appendix I: Geotechnical Investigations, ANSI/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.

[f]

Fence/screen.

[i]

A security fence having a height not to exceed eight feet shall completely surround any tower-based WCF located outside the public rights-of-way, as well as guy wires, or any building housing WCF equipment.

[ii]

Landscaping shall be required to screen as much of a newly constructed tower-based WCF as possible. Council may permit any combination of existing vegetation, topography, walls, decorative fences or other features instead of landscaping, if, in the discretion of Council, they achieve the same degree of screening. Existing vegetation shall be preserved to the maximum extent possible.

[g]

Accessory equipment.

[i]

Ground-mounted accessory equipment associated or connected with a tower-based WCF shall not be located within 50 feet of a lot in residential use.

[ii]

Accessory equipment associated, or connected, with a tower-based WCF shall be placed underground or screened from public view using stealth technology. All ground-mounted accessory equipment, 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.

[iii]

Either one single-story wireless communications equipment building not exceeding 500 square feet in area or its equivalent may be permitted for each unrelated company sharing commercial communications antenna(s) space on the tower-based WCF outside of the public ROW.

[h]

Additional antennas. As a condition of approval for all tower-based WCFs, the WCF applicant shall provide Council with a written commitment that it will allow other service providers to collocate antennas on the tower-based WCF where technically and economically feasible. To the extent permissible under state and federal law, the owner of a tower-based WCF shall not install any additional antennas without complying with the applicable requirements of this § 130-28F(9)(d).

[i]

FCC license. Each person that owns or operates a tower-based WCF shall submit a copy of its current FCC license, including the name, address, and Emergency telephone number for the operator of the facility.

[j]

Inspection. The Borough reserves the right to inspect any tower-based WCF to ensure compliance with the Zoning Ordinance 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 lease property upon which a WCF is located at any time, upon reasonable notice to the operator, to ensure such compliance.

[k]

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. The only other signage permitted on the WCF shall be those required by the FCC, or any other federal or state agency.

[l]

Lighting. No tower-based WCF shall be artificially lighted, except as required by law. If lighting is required, the WCF applicant shall provide a detailed plan for sufficient lighting, demonstrating as unobtrusive and inoffensive an effect as is permissible under state and federal regulations. The WCF applicant shall promptly report any outage or malfunction of FAA-mandated lighting to the appropriate governmental authorities and to the Borough Secretary.

[m]

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.

[n]

Storage. The storage of unused equipment, materials or supplies is prohibited on any tower-based WCF site.

[o]

Repair of nonconforming tower-based WCF. 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. The collocation of antennas is permitted on nonconforming structures.

[p]

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 WCF or portions of WCF shall be removed as follows:

[i]

All unused or abandoned tower-based WCFs and accessory equipment shall be removed within 90 days of the cessation of operations at the site unless a time extension is approved by the Borough.

[ii]

If the WCF and/or accessory equipment is not removed within 90 days 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.

[iii]

Any unused portions of tower-based WCFs, including antennas, shall be removed within 90 days of the time of cessation of operations. The Borough must approve all replacements of portions of a tower-based WCF or pole facility previously removed.

[q]

Permit fees. The Borough may assess appropriate and reasonable permit fees directly related to the Borough's actual costs in reviewing and processing the application for approval of a tower-based WCF, as well as related inspection, monitoring, and related costs. Such permit fees shall be established by the Borough fee schedule and shall comply with the applicable requirements of the FCC.

[r]

Insurance. Each person that owns or operates a tower-based WCF shall provide the Borough Zoning Officer 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.

[s]

Engineer signature. All plans and drawings for a tower-based WCF shall contain a seal and signature of a professional structural engineer, licensed in the Commonwealth of Pennsylvania.

[t]

Timing of approval.

[i]

Within 30 calendar days of the date that an application for a tower-based 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.

[ii]

Within 150 days of receipt of a complete application for a tower-based WCF, Council shall make a decision to approve or deny the proposed tower-based WCF and the Borough Zoning Officer shall issue the required building and zoning permits authorizing construction of the WCF.

(e)

Regulations applicable to all small wireless communications facilities. The following regulations shall apply to small wireless communications facilities:

[1]

Application requirements.

[a]

Small WCFs inside the public rights-of-way are a permitted use in all Borough zoning districts, subject to the requirements of this § 130-28F(9) and generally applicable permitting as required by the Borough Code. Applications for small WCFs shall be submitted to the Borough Zoning Officer.

[b]

Small WCFs outside the public rights-of-way are permitted by right in all Borough zoning districts except residential zoning districts, subject to the requirements of this § 130-28F(9) and generally applicable permitting as required by the Borough Code. Applications for small WCFs shall be submitted to the Borough Zoning Officer.

[c]

An application for a small WCF shall include the following:

[i]

Documentation that includes construction and engineering drawings demonstrating compliance with the requirements of this § 130-28F(9);

[ii]

Self-certification that the filing and approval of the application is required by the WCF applicant to provide additional capacity or coverage for wireless services;

[iii]

Documentation demonstrating compliance with the requirements of the Small Wireless Communications Facility Design Manual and a completed Small Wireless Communications Facility Design Checklist;

[iv]

If the small WCF will require the installation of a new wireless support structure, documentation showing that the WCF applicant has made a good faith determination that it cannot meet the service reliability and functional objectives of the application by collocating on an existing wireless support structure. Such determination shall be based on whether the WCF applicant can meet the service objectives of the application by collocating on an existing wireless support structure on which:

[A]

The WCF applicant has the right to collocation;

[B]

The collocation is technically feasible and would not impose substantial additional cost; and

[C]

The collocation would not obstruct or hinder travel or have a negative impact on public safety.

[v]

Documentation showing that the small WCF does not materially interfere with the safe operation of traffic control equipment, sight lines or clear zones for transportation or pedestrians or compliance with the Americans with Disabilities Act of 1990 (Public Law 101-336, 104 Stat. 327) or similar Federal or State standards regarding pedestrian access or movement; and

[vi]

A report prepared by a qualified engineering expert which shows that the small WCF will comply with all applicable FCC regulations, including but not limited to those relating radiofrequency emissions.

[2]

Applications not required. The Borough shall not require an application for:

[a]

Routine maintenance or repair work;

[b]

The replacement of small WCFs with small WCFs that are substantially similar or the same size or smaller and still qualify as a small WCF; or

[c]

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

[3]

Location and development standards.

[a]

Small WCF in the public ROW requiring the installation of a new wireless support structure shall not be located in front of any building entrance or exit.

[b]

All small WCFs shall be installed and maintained so as not to obstruct nor hinder travel or public safety within the right-of-way.

[c]

All small WCF shall comply with all Borough Code requirements applicable to streets and sidewalks.

[4]

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 an historic district, or is included in the official historic structures list maintained by the Borough.

[5]

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.

[6]

Private property. If a small WCF is to be located outside of the public ROW, or if any part of a small WCF located in the public ROW will encroach upon private property, the WCF applicant shall provide the Borough Zoning Officer with evidence that the owner of such private property has granted permission for the construction of the small WCF.

[7]

Minimum setbacks. The minimum distance between the base of a small WCF, located outside of the public ROW, that requires the installation of a new wireless support structure and any adjoining property line or street right-of-way line shall be equal to 100% of the height of the small WCF, unless the WCF applicant provides evidence that a lesser setback shall have no potential negative effect on public safety.

[8]

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.

[9]

Graffiti. Any graffiti on a small WCF, including the wireless support structure and any accessory equipment, shall be removed at the sole expense of the owner within 30 days of notification by the Borough.

[10]

Design standards. All small WCF in the Borough shall comply with the requirements of the Borough Small Wireless Communications Facility Design Manual. A copy of such shall be kept on file at the Borough Zoning Office.

[11]

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 collocation 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.

[d]

If the Borough denies an application for a small WCF, the Borough shall provide the WCF applicant with written documentation of the basis for denial, including the specific provisions of the Borough Code on which the denial was based, within five business days of the denial.

[e]

The WCF applicant may cure the deficiencies identified by the Borough and resubmit the application within 30 days of receiving the written basis for the denial without being required to pay an additional application fee. The Borough shall approve or deny the revised application within 30 days of the application being resubmitted for review.

[12]

Consolidated application.

[a]

A WCF applicant may submit a consolidated application for collocation of multiple small WCFs. The consolidated application shall not exceed 20 small WCFs.

[b]

A WCF applicant may not submit more than one consolidated application in a single thirty-day period.

[c]

If a WCF applicant submits more than one consolidated application in a forty-five-day period, the applicable processing deadline shall be extended 15 days in addition to the processing deadline specified in Subsection F(9)(e)[ii] above.

[13]

Completion of work. All construction work relating to the small WCF for which a permit is granted under this § 130-28F(9)(e) shall be completed within one year of the date of issuance of the permit.

[14]

Repair and restoration.

[a]

The WCF applicant shall repair all damage to the ROW or any other land so disturbed, directly caused by the activities of the WCF applicant or the WCF applicant's contractors and return the ROW to as good of condition as it existed prior to any work being done in the ROW by the WCF applicant or the WCF applicant's contractors.

[b]

If the WCF applicant fails to make the repairs required by the Borough within 30 days after written notice, the Borough may perform those repairs and charge the WCF applicant the reasonable, documented cost of the repairs plus a penalty of $500.

[c]

The Borough may suspend the ability of the WCF applicant to receive new permits until the WCF applicant has paid the amount assessed for the repair costs and the assessed penalty.

[15]

Relocation or removal of facilities.

[a]

Within 60 days of suspension or revocation of a permit due to noncompliance with the requirements of the Borough Code, the WCF applicant shall remove the small WCF and any accessory equipment, including the wireless support structure if the WCF applicant's WCF(s) are the only facilities on the wireless support structure.

[b]

Within 90 days of the end of a permit term, the WCF applicant shall remove the small WCF and any accessory equipment, including the wireless support structure if the WCF applicant's WCF(s) are the only facilities on the wireless support structure.

[c]

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, the WCF applicant shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any small 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:

[i]

The construction, repair, maintenance or installation of any Borough or other public improvement in the right-of-way;

[ii]

The operations of the Borough or other governmental entity in the right-of-way;

[iii]

Vacation of a street or road or the release of a utility easement; or

[iv]

An emergency as determined by the Borough.

[16]

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 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.

(10)

Self-storage facility, conditional use in the C-1 District.

(a)

The minimum site area required shall be two acres.

(b)

Vehicular access to the site shall be limited to one two-way or two one-way driveways from each arterial or collector street on which the site has frontage.

(c)

All interior driveways shall be paved with an asphalt or similar surface sufficient for the loads the driveways are expected to bear.

(d)

Parking shall be provided in accordance with the following:

[1]

Two spaces for manager's quarters, if any;

[2]

One space for each 25 storage units which spaces shall be located near the manager's quarters or office to be used by prospective customers;

[3]

One space for each 10 storage units equally distributed throughout the storage area to be used by the customers.

(e)

The perimeter of the site shall be fenced with a minimum eight-foot high chain link fence with self-latching gate. If an outside storage area is proposed, the fence around the outside storage area shall be supplemented with screening material which creates a visual barrier that is at least 80% opaque.

(f)

Maximum building height shall be 15 feet.

(g)

The maximum length of any storage building shall be 200 feet.

(h)

The minimum distance between storage buildings shall be 20 feet.

(i)

Maximum lot coverage by all buildings shall be 40%.

(j)

Office space may be provided which shall not exceed 5% of the total area devoted to storage.

(k)

Storage units shall not be equipped with water or sanitary sewer service.

(l)

No business activity other than rental of storage units shall be conducted on the premises and no exterior storage shall be permitted.

(m)

Operations shall be regulated so that nuisances such as visual blight, glare, noise, blowing debris or dust shall not be created.

(n)

Exterior finishes of the storage units shall be compatible with the character of development on adjoining properties.

(o)

No sign shall be placed on the buildings or on their rooftops.

(p)

Both the landlord and the tenants shall be responsible for prevention of the storage of hazardous materials or substances in the storage buildings.

(11)

Gas resource development as a conditional use in a C-1 and C-2 District. All gas resource development must comply with the following:

[Added 3-8-2011 by Ord. No. 522; 1-21-2020 by Ord. No. 553; 7-20-2021 by Ord. No. 555]

(a)

General requirements.

[1]

Where gas resources development constitutes a land development pursuant to Borough ordinances, all provisions of the applicable Borough ordinances shall apply, except as preempted by state or federal law.

[2]

The applicant shall provide a description of plans for the transportation of materials and equipment to construct, operate and maintain the gas resources development facility. Such description shall include a map showing the planned vehicular access route to the gas resources development site indicating all state, county and local roads and transportation infrastructure that may be used. The proposed routes must be designed to minimize the impact on streets within the Borough. The Borough reserves the right to designate reasonable required truck hauling routes consistent with Borough ordinances, rules and regulations, as well as the Pennsylvania Motor Vehicle Code and Pennsylvania Department of Transportation.

[3]

Prior to the commencement of any activity on the gas resources development site, the applicant shall enter into a Borough roadway maintenance and repair agreement. Such agreement will be in a form acceptable to the Borough and will require the posting of a bond at the paved highway rate in favor of the Borough prior to beginning any work at a gas resources development site. The bond is to guarantee restoration of Borough roads damaged as a result of hauling and any other activity associated with the gas resources development.

[4]

The applicant shall reimburse the Borough for an inventory analysis and evaluation of existing road conditions on Borough roads along the proposed transportation route identified by the Borough, including photography video and core boring as determined to be necessary by the Borough Engineer. The Borough roadway maintenance and repair agreement will identify the responsibilities of the applicant to prepare, maintain and repair Borough roads before, during and immediately after drilling and other operations associated with the gas resources development. The applicant shall take all necessary corrective action and measures as directed by the Borough pursuant to the agreement to ensure the roadways are repaired and maintained during and immediately after drilling and other operations associated with the gas resources development.

[5]

The applicant shall take the necessary safeguards to ensure that the Borough roads utilized remain free of dirt, mud and debris resulting from development activities and/or shall ensure such roads are promptly swept or cleaned if dirt, mud and debris occur.

[6]

Access road or driveway.

[a]

Beginning with its intersection with a public street, any access road or driveway for the development or drill site shall be paved with an impervious material for the first 50 feet and consist of the following material:

Compacted subgrade

PADOT Class 4 geotextile fabric

8" AASHTO #2 crushed aggregate base course

2" PADOT 2A aggregate (choke material)

4" Compacted - superpave 25mm binder course

[b]

The remainder of the driveway to the well pad shall be constructed with the following material:

Compacted subgrade

8" AASHTO #2 crushed aggregate base course

2" PADOT 2A aggregate (choke material)

[7]

An off-street area within the development site for vehicles to stand while gaining access to the gas well site shall be provided so that the normal flow of traffic on the public street is undisturbed.

[8]

The applicant shall take all necessary precautions to ensure the safety of persons in areas established for road crossing and/or adjacent to roadways. During periods of anticipated heavy or frequent truck traffic associated with the development, the applicant will provide flagmen to ensure the safety of motorists and pedestrians and take measures that may include adequate signs and/or other warning measures for truck and vehicular traffic.

[9]

The applicant shall have obtained permits from the appropriate regulatory agencies or authorities issued in accordance with all applicable laws and regulations for the proposed use. The applicant shall provide the Borough with copies of each such permit application, with copies of all supporting documentation. All permits must be maintained during the use of the gas resources development. Any suspension or revocation of a required permit shall void any special exception approval and require a new application.

[10]

Prior to development, the applicant shall provide to the Borough a PA DEP approved Preparedness Prevention and Contingency CTPC Plan that clearly outlines and describes all emergency planning associated with the gas resources development.

[11]

Upon request of the Borough Emergency Management Coordinator, the applicant will, prior to drilling its first gas well in the Borough, make available with at least 30 days' notice (at the applicant's sole cost and expense) one appropriate group training program for emergency responders. Such training shall be made available at least annually during any year that drilling activities take place at the gas resources development site.

[12]

Any equipment or material stored outside or in an enclosed structure being used as an incidental part of the primary operation shall be screened by opaque ornamental fencing walls or evergreen plant material in order to minimize visibility from any adjacent property or public road. All drill site pads and impoundment ponds shall be secured with a temporary fence with secured gates as follows:

[a]

The fence shall be a minimum of six feet in height, and shall be chain link with green/black/brown fabric mesh.

[b]

The fencing shall be in place throughout the drilling operation and until the impoundment pond is removed.

[c]

The chain link fence shall have a minimum thickness of 11 gauges.

[13]

The applicant shall provide certification that a bond is held by the Pennsylvania Department of Environmental Protection DEP to ensure proper plugging when the well is classified as inactive by the DEP.

[14]

All drilling operations shall be conducted in such a manner to minimize dust, vibration or noxious odors and shall be consistent with the best accepted practices incident to drilling for oil or gas in urban/suburban areas, and shall also be in compliance with the Zoning Ordinance, including the performance standards for vibration contained in § 130-47 of the Zoning Ordinance. All equipment used shall be constructed and operated so that vibrations, dust, odor or other harmful or annoying effects are minimized by the operations carried on at the drill site or structures thereon shall not be permitted to become dilapidated, unsightly or unsafe. Proven technological improvements in industry standards of drilling shall be adopted as they become available if capable of reducing factors of dust vibration and odor; watering, wetting or other methods or materials must be used to control dust adjacent to occupied properties.

[15]

No operation of heavy equipment, trucks, or drilling or pumping apparatus shall be conducted between the hours of 7:00 p.m. and 7:00 a.m. daily, or on Sundays or holidays, except by special permission issued by the Borough Manager. Permission will generally only be granted in emergency situations.

[16]

Temporary structures on the gas resource development site shall be limited to construction trailers, field office and any structure directly ancillary to the drilling operation. Temporary housing, dormitories and sleeping facilities shall be strictly prohibited. A temporary use permit shall be acquired from the Borough prior to placement of any temporary structure in accordance with § 130-28G(5).

[17]

The Borough shall be provided the name of the person supervising the drilling operation and a phone number where such person can be reached 24 hours a day. In addition, the applicant shall provide the Borough with a list of contractors and subcontractors who will be accessing the well site. The applicant shall notify such contractors and subcontractors that they will be responsible for and shall remedy any damages they may cause to public or private properties within the Borough. In the event the Borough notifies the applicant of a damage claim, the applicant will cooperate with the Borough in identifying the potentially responsible contractor or subcontractor.

[18]

The access driveway off the public road to the drill site shall be gated at the entrance to prevent illegal access into the drill site. The drill site assigned address shall be clearly visible on the access gate for emergency 911 purposes. In addition, the sign shall include the well name and number, name of the operator and the telephone number for a person responsible who may be contacted in case of emergency. In lieu of a gate, the operator can provide 24/7 security on sites during the drilling operation.

[19]

Lighting. No drill site lighting used for or associated with the drilling operation shall be positioned or directed in such a manner so that it shines directly upon public roads, adjacent property or property in the general vicinity of the drill site. Site lighting shall be directed downward and shielded so as to avoid glare on public roads and adjacent properties. A lighting plan shall be submitted with the application that demonstrates compliance.

[20]

Noise. All operations shall comply with the Borough's performance standards for noise contained in § 130-50 of the Zoning Ordinance. The Borough may require acoustical blankets, sound walls, mufflers or other alternative methods to ensure compliance depending on the location of a proposed drill site to adjacent residential properties. Prior to beginning the drill operation, the applicant shall establish the residential or background noise level baseline; the baseline shall be established over a seventy-two-hour period with at least one twenty-four-hour reading on a Saturday or Sunday. A noise consultant/engineer mutually agreed upon by the Borough and owner/operator will be responsible for determining the residual background noise level baseline. The applicant, owner/operator shall be responsible for all costs associated with the noise consultant/engineer.

[21]

Fluid storage. With respect to unconventional wells (as that term is defined in 25 Pa. Code § 78a.1), unless a permit has been obtained under 25 Pa. Code § 78a.60(a) (relating to discharge requirements), the operator shall collect the brine and other fluids produced during operation of the well in a tank or a series of tanks, or other device approved by the Department for subsequent disposal or reuse. Open top structures may not be used to store brine and other fluids produced during operation of a well.

[22]

Condensate. The operator shall operate and maintain a vapor recovery unit or vapor destruction unit or other available and feasible means to eliminate vapors emitted from any condensation tanks at the wellsite.

(b)

Additional requirements.

[1]

Water management plan. For drilling and completion operations, to the extent that the same is not otherwise included or provided on copies of applications for permits from the Commonwealth of Pennsylvania or other governmental units and herewith submitted or where no such permit is required, the applicant shall provide a water withdrawal plan for the development identifying the source of water, how many gallons will be used and withdrawn each day, the origination of the water, proposed truck routes, and all permits issued by the Commonwealth of Pennsylvania or any other governmental body. If the development is to be supplied by way of waterlines, the locations of all proposed waterlines are to be identified. The site for the treatment and disposal of the water shall also be identified. The applicant is required to use best management practices.

[2]

Waste disposal plan. For drilling and completion operations, to the extent that the same is not otherwise included or provided on copies of applications for permits from the Commonwealth of Pennsylvania or other governmental units and herewith submitted or where no such permit is required, the applicant shall identify the means and availability of the site for disposal of cuttings, fracturing fluids, oil, toxic materials, hazardous materials, and other waste products. In no event shall the on-site burial or other disposal of drilling residuals or hydraulic fracturing chemicals or residuals be permitted.

[3]

Noise management plan:

[a]

An acoustics study shall be prepared and submitted with the application. The study shall be prepared by an acoustics expert(s) acceptable to the Borough. The study shall identify the existing background level of noise and the anticipated noise impact from the proposed use. The report shall contain measures of existing ambient measurements, estimates of the noise measurements to be anticipated from the type of operations and equipment that are proposed for the use and if there are any significant increases in those noise levels. The report shall also contain specific proposals that are intended to reduce noise levels emanating off the site.

[b]

The study shall be based upon actual sound level measurements and estimates of potential noise impact at the property lines of the site of the proposed use; or the applicant/developer shall submit a statement prepared by an engineer warranting that the nature of the use will produce no impact on acoustics, in regards to the standards of this Section.

[4]

Environmental impact analysis. To the extent that the same is not otherwise included or provided within copies of applications for permits from the Commonwealth of Pennsylvania or other governmental units and herewith submitted or where no such permit is required, the applicant shall provide an environmental impact analysis. The environmental impact analysis shall describe, identify and analyze all environmental aspects of the site and of neighboring properties that may be affected by the proposed operations or the ultimate use proposed to be conducted on the site. The limits of the impact area to be studied shall be reviewed and approved by the Planning Commission and the Borough Council. The environmental impact study shall include, but not be limited to, all critical impact areas on or off-site that may be impacted by the proposed or ultimate use of the facility, including the impact on the critical areas (defined below), the protective measures and procedures to protect the critical areas from damage, and the actions to be taken to minimize environmental damage to the critical areas on the site and surrounding areas during and after completion of the operation. Critical areas include, but are not limited to: stream corridors; streams; wetlands; slopes in excess of 25%; sites where there is a history of adverse subsurface conditions or where available soils information or other geotechnical data, including data from the Bureau of Mines indicates the potential for landslides, subsidence or other subsurface hazards; highly acidic or erodible soils; carbonate or highly fractured bedrock; aquifer recharge and discharge areas; areas of unique or protected vegetation, wildlife habitat, and areas of historic, cultural and/or archaeological significance.

[5]

Air quality study. To the extent that the same is not otherwise included or provided within copies of applications for permits from the Commonwealth of Pennsylvania or other governmental units and herewith submitted or where no such permit is required, the applicant shall provide an air quality study. The study shall be prepared by experts acceptable to the Borough and submitted with the application and shall include an analysis of the existing and predicted air quality levels, including smoke, odors, fumes, dust, and pollutants at the site. This report shall contain the sources of the information, the data and background tests that were conducted and the conclusions and recommendations of the professionals preparing the report that would be required to maintain the air quality at a level equal to or better than the existing background level prior to the proposed use; or the applicant/developer shall submit a statement prepared by an engineer warranting that the nature of the use will produce no impact on air quality.

[6]

Hydrological study. To the extent that the same is not otherwise included or provided within copies of applications for permits from the Commonwealth of Pennsylvania or other governmental units, and herewith submitted or where no such permit is required, the applicant shall provide a hydrological study. The study shall be prepared by a hydrogeologist acceptable to the Borough. The study shall evaluate the existing surface and subsurface hydrogeology, based upon historical data and on-site investigation and studies. The study shall identify groundwater discharge and recharge areas that may be affected by the proposed use, map the groundwater table and analyze and delineate the effects of the proposed use on the hydrology, including surface and ground water quantity and quality. Acceptance of the study is subject to final approval by the Borough Council.

[7]

The applicant shall provide any and all waivers from owners of occupied structures or water wells to the extent they are required to be obtained by state law.

[8]

Pre-development and post-development soil testing. Prior to beginning any oil and gas development activities, the operator shall be responsible for testing soil conditions within 300 feet each well site. The purpose of testing is to determine the baseline soil conditions surrounding the proposed well site and address resultant changes that may occur or have an impact on the soils of the site and surrounding area.

[a]

Pre-drilling testing results shall be submitted as part of the conditional use application.

[b]

Post-hydraulic fracturing testing shall be completed no sooner than one month after hydraulic fracturing activities have ceased and no later than two months after hydraulic fracturing activities have ceased.

[c]

The results shall be submitted to the Borough within 10 days of their receipt.

[d]

The operator shall be responsible for all costs associated with testing and testing shall be done by an independent state-certified testing laboratory agreed upon by the Borough.

[9]

Scheduling. The applicant shall provide a schedule with the application indicating the anticipated beginning and ending dates for the following activities:

[a]

Well site preparation;

[b]

Drilling activity;

[c]

Completion (perforating);

[d]

Stimulation (hydraulic fracturing);

Production work;

Plugging; and

Site restoration.

Insurance. Applicant shall furnish to the Borough a certificate of liability insurance naming the Borough as an additional insured with respect to operations conducted within the Borough, showing proof of liability insurance covering commercial, personal injury, and general liability in amounts not less than $25,000,000 per occurrence. The applicant shall fully defend, protect, indemnify, and hold harmless the Borough, its departments, agents, officers, employees, or volunteers from and against such and every claim, except for those claims relating to any negligent, willful or intentional acts of the Borough, its department, agents, officers, employees, or volunteers. The insurance coverage may consist of a combination of self-insurance, excess coverage and umbrella coverage.

[11]

First responders. Before seeking granting a permit, the Borough and the applicant shall ascertain whether the Borough's first responders have secured adequate information to deal with any potential dangerous conditions that may result due to development activities. First responders shall have on-site orientation and be provided adequate awareness information. Upon request from the Borough, the owner/operator will, prior to drilling of an oil and gas well, make available with at least 30 days' notice, at its sole cost and expense, an appropriate site orientation for first responders. Such site orientation shall be made available at least annually during a period when the owner/operator anticipates drilling activities in the Borough. In addition, at the owner/operator's expense, the owner/operator shall facilitate training of the Borough's first responders by a company that performs said functions on a daily basis, during its course and scope of business.

[12]

Inspections. A duly authorized representative of the Borough shall have the authority in relation to the enforcement of this chapter to enter upon the property of a development or facility for the purpose of inspecting aspects of the site necessary to assure compliance with this chapter.

[13]

Geophysical exploration.

[a]

For any areas of the Borough where the applicant intends to conduct seismic testing, a licensed geologist must provide a report regarding the ability of the land to subside due to the proposed operations. This report must detail the amount of risk of seismic activity because of existing subsurface conditions and with the introduction of drilling and fracking.

[b]

The applicant shall post a bond or other security in a form to be approved by the Borough in the amount of $2,000,000 to cover the cost of any damages as a result of seismic testing.

[c]

Seismic testing may not be conducted upon Borough roadways without the prior written consent of Borough Council. Seismic testing on Borough roadways shall only be permitted if the applicant submits a report from a licensed geologist stating that the testing will not result in any adverse impact to the roadways and posts the bond described in Subsection F(11)(b)[13][b], above.

[d]

Seismic testing may only be conducted on private property with the consent of the property owner. The applicant shall submit redacted copies of agreements demonstrating its permission to conduct seismic testing on private property.

[e]

Seismic testing may only be conducted between the hours of 9:00 a.m. and 5:00 p.m., Monday through Saturday. It shall be unlawful to conduct seismic testing any time on Sundays or on a federally recognized holiday.

[14]

Setback/location.

[a]

Oil and gas well pads shall comply with all setback, screening and bufferyard requirements of the zoning district in which the pad/well is located.

[b]

In construction of the oil and gas well/pad, the natural surroundings should be considered and attempts made to minimize impacts to adjacent properties.

[c]

In accordance with Act 13 of 2012, conventional wells may not be drilled within 200 feet, or, in the case of an unconventional gas well, 500 feet, measured horizontally from the vertical well bore to a building or water well without written consent of the owner of the building or water well.

[15]

Notification of past violations. Any applicant for gas resources development shall submit a complete list of violations for the past five years issued to it by DEP or any other environmental regulatory body exercising jurisdiction over the applicant.

[16]

Ten-year master plan. The applicant shall provide a ten-year master plan describing and plotting all well pads, transmission lines, compression stations, processing plants, storage facilities, transportation facilities and other related infrastructure built, planned and anticipated by the applicant or related third parties of the applicant.

[17]

Amendment to approved plan. Changes in the site plan approved by Council in the conditional use proceeding, including but not limited to any expansion of the ground surface area used and/or devoted towards drilling operations, shall require a new conditional use approval pursuant to the terms and conditions of this section.

[18]

Traffic analysis report. The applicant shall submit a traffic analysis report, which shall include the following:

[a]

A description of plans for the transportation and delivery of equipment, machinery, water, chemicals, products, materials and other items to be utilized in the siting drilling stimulating completion alteration and operation of the development or facility. Such description shall include a map showing the planned vehicular access roads and the transportation infrastructure being proposed and the type, weight and number of trucks and delivery schedule necessary to support each phase of the development.

[b]

An inventory, analysis and evaluation of existing road conditions on Borough roads along the proposed transportation route identified by the application including digital photography, video and core boring as determined to be necessary by the Borough.

Accessory uses, provided for where a permitted principal use has been previously established:

(1)

General standards:

(a)

No accessory structure accommodating a permitted accessory use shall exceed 15 feet in height at its highest point as measured from the finished floor elevation.

(b)

No accessory structure shall be designed, constructed or used for human occupancy, regardless of the addition of culinary or toilet facilities or both.

(c)

Scale of accessory structures. No single accessory structure or combination of accessory structures on a lot in any residential or special zoning district shall exceed, in lot coverage, 50% of the area of the footprint for the permitted principal use, to a maximum of 700 square feet, but in no case shall the accessory use be accommodated in an accessory structure exceeding 700 square feet in gross floor area, with the exception of in-ground or aboveground swimming pools and unenclosed court games.

(d)

Private recreational facilities, including but not limited to pools, decks, courts, patios and similar items, shall conform to the setback and yard requirements for principal structures in the applicable zoning district.

[Amended 10-20-2015 by Ord. No. 541]

(e)

Accessory structures shall be situated a minimum of eight feet from the principal structure at the closest point.

(2)

Home-based business:

(a)

Intent and purpose.

[1]

The Borough of Edgeworth recognizes the need for some citizens to use their place of residence for limited nonresidential activities. However, the Borough believes that the responsibility to protect the integrity of its residential neighborhoods is of paramount concern.

[2]

The objective of home-based business regulations is to allow a limited commercial-type activity in a residential area only to an extent that no neighbors or passersby will be aware, by outward appearance, of the activity.

[3]

Permitted home-based businesses shall include, but not be limited to the professions of engineer, architect, artist, clergyman, musician, writer and teacher, where no more than two persons receive instruction at any one time, data processing, tax return preparation, draftsman, architect, sales representatives and general clerical services. Because of the nature of medical services, home-based business status is not appropriate.

[4]

Prohibited home-based businesses shall include automobile repairs and inspections, bakeries, barber and beauty shops, day-care centers, landscaping operations and kennels or other animal breeding.

(b)

Performance criteria.

[1]

Excessive noise, odors, vibration, glare, fumes, electronic or electrical interference are not permitted in conjunction with the conduct of a home-based business "Excessive" shall include the use of equipment or processes which are detectable at the lot line of the subject property.

[2]

A home-based business permit shall be evaluated and investigations conducted using the following criteria, which shall be incorporated as minimum conditions of approval:

[a]

The activity is one that is not inconsistent with the use of the premises as a dwelling, and no more than 25% of the habitable floor area of the dwelling may be used for the conduct of the home-based business.

[b]

There shall be no exterior evidence of the conduct of a home-based businesses including parking areas, signage or exterior lighting.

[c]

Home-based businesses shall not be operated on the exterior of a lot or parcel or in a permitted accessory structure.

[d]

Electrical or mechanical equipment that creates visible or audible interference in radio or television receivers or causes fluctuations in line voltage outside the dwelling unit or that creates noise not normally associated with residential uses shall be prohibited.

[e]

Only the actual residents of the dwelling unit shall engage in the home-based business.

[f]

No on-site sales of goods or services shall be available in conjunction with the home-based business.

[g]

The conduct of any home-based business shall not reduce or render unusable areas provided for the required off-street parking or prevent the number of cars intended to be parked in a garage from doing so.

[h]

A home-based business shall not generate vehicular or pedestrian traffic to the residence, in excess of typical volumes generated by a single-family residence.

[i]

Outside storage or display of materials, goods, supplies, or equipment related to the operation of a home-based business is prohibited, except that samples of goods sold or job-related materials may be carried in vehicles used for business purposes.

[j]

The storage of any material classified as hazardous or dangerous shall be prohibited.

[k]

No advertising is permitted on site, including business signs on vehicles.

[l]

On-site sales or training promotion shall not be permitted.

[m]

No home-based business shall generate or discharge waste materials classified as noxious or hazardous by the PA Department of Environmental Protection.

(c)

Enforcement procedures.

[1]

Any aggrieved person believing that a violation or violations of this chapter is occurring and who desires that action be taken by the Borough shall notify the Zoning Officer in writing of such alleged violation(s). Within 30 calendar days after receipt, by the Zoning Officer, of such written allegation(s), the Zoning Officer shall complete an investigation of the alleged allegation(s) to determine the merits thereof. Within 10 calendar days after the Zoning Officer has completed the investigation, he/she shall notify in writing the following persons:

[a]

If the Zoning Officer determines that no violation as alleged or otherwise is occurring, then notification of that decision shall be given to the complaining person or a spokesperson for the complaining person by certified mail, return receipt requested.

[b]

If the Zoning Officer determines that a violation is occurring or has occurred as alleged, then notification of that decision and a time for compliance shall be sent by certified mail, return receipt requested, to both the violator and complaining person or a spokesperson for the complaining person. The notification shall also state what action, if any, will be taken if compliance is not timely effected.

[2]

Any person feeling aggrieved by a decision of the Zoning Officer may appeal that decision to the Zoning Hearing Board pursuant to the provisions of Article XVII.

(d)

Supplemental parking: two off-street parking spaces in addition to spaces otherwise required shall be provided in conjunction with any licensed home-based business.

(3)

Commercial accessory building:

(a)

Accessory buildings or structures or uses customarily incidental to the uses permitted in commercial districts in connection with such uses, except outside storage. Any use accessory to a use permitted only under a special exception shall be established only if and as provided in such exception.

(b)

Parking: parking shall conform to the requirements of the most closely related use in §§ 130-25 and 130-26.

(4)

Commercial outside storage or display:

(a)

Outside storage or display, other than storage as a primary use of the land, necessary but incidental to the normal operation of a primary use, subject to the following additional provisions:

[1]

No part of the street rights-of-way, no sidewalks or other areas intended or designed for pedestrian use and no required parking areas shall be occupied by outside storage or display.

[2]

Outside storage and display areas shall occupy an area of less than 1/2 the existing building coverage.

[3]

Outside storage and display areas shall be shielded from view from the public streets and adjacent lots.

[4]

Uses requiring more substantial amounts of land area for storage or display shall be limited to nurseries, repair shops, automobile repair garages, sale of automobile accessories, wholesale business and storage, contractor offices and shops and crafts.

(b)

Parking: none.

(5)

Temporary structure or use (see also § 130-100):

(a)

Temporary structure or use: a temporary use permit may be issued for structures or uses necessary during construction or other special circumstances of a nonrecurring nature, subject to the following additional provisions:

[1]

The time period of the initial permit shall be two months (60 days). This permit may be renewed for two one-month time periods.

[2]

Temporary nonconforming structures or uses shall be subject to authorization by the Zoning Officer.

[3]

Such structure or use shall be removed completely upon expiration of the permit without cost to the Borough.

[4]

Before undertaking an activity which constitutes a special circumstance of a nonrecurring nature, a person must apply for and receive a temporary outdoor use permit from the Zoning Officer. Said application will be a form provided by the Borough, which contains information necessary for the Zoning Officer to determine compliance with this chapter, and must be submitted at least 14 days prior to the event. In addition, the following shall apply:

[a]

The applicant shall be responsible for payment of needed police protection and traffic control. The amount of needed police protection will be determined by the Zoning Officer in consultation with the Chief of Police and shall be based on:

[i]

The estimated number of people and vehicles attending an event.

[ii]

The type of activity being conducted, including its expected duration.

[iii]

The traffic situation in the area or place of activity.

[iv]

Past experience with similar types of events.

[b]

The applicant shall be responsible for any damage to any public property which either results from the conduct of the activity or which is committed by applicant, its agents, invitees, licensees, guests or contractors. The applicant's responsibility shall include all expenses incurred for supplies, material and labor used or expended, directly or indirectly, by the Borough to remedy any damage, including costs for Borough employees.

[c]

The applicant shall establish an escrow account in the Borough's name or provide other acceptable security with the permit application in an amount as determined by the Zoning Officer, which includes the following:

[i]

The amount estimated to cover the special police protection as set forth above; and

[ii]

The amount necessary to cover potential damage to public property, including streets, based on the following factors: number of people estimated to attend, number, type and weight of vehicles estimated to attend, presence of gasoline, oil or other hazardous materials, place of activity, type of activity, estimated usage of public property, including whether streets are to be blocked, and experience with similar past events.

[d]

The applicant shall be responsible for all costs outlined above, regardless of whether security in a sufficient amount has been posted. The applicant will be billed for any amounts which are in excess of the security amount and will receive a refund if the actual amounts are less than the actual costs incurred.

[e]

The Zoning Officer may, at any time, increase the amount of the required bond if circumstances require and may suspend the permit pending the posting of the additional security. For example, an increase and suspension will be warranted if damage occurs during the course of an activity and the particular assumptions upon which the permit was issued are not accurate.

[f]

In the case of a multi-day, multifamily yard or garage sale, a temporary outdoor use permit shall be required on a daily basis.

[i]

The applicant shall submit authorization in writing, signed by the property owner(s) permitting such temporary retail activity on site.

[ii]

The exterior display of goods for sale shall take place no earlier than 8:00 a.m. and no later than 8:00 p.m.

(b)

Parking: adequate off-street parking shall be provided based on the applicant's stock and length of sales activity proposed.

(6)

Farm animals and wild animals.

[Added 1-21-2014 by Ord. No. 534]

(a)

The keeping of farm animals is a permitted accessory use in all residential zones, subject to the provisions hereof.

(b)

Farm buildings are permitted as an accessory structures in all residential zones, subject to the provisions hereof.

(c)

A permit must be issued for the keeping of any farm animals or for a farm building.

(d)

Applications for a farm animal or farm building under this section shall be submitted in accordance herewith and shall include such information as is required by the Zoning Officer and the Building Inspector, which application shall include a plan showing conformance with all applicable regulations including for collection and management of manure and wastes as required by all state and federal regulations, including Chapter 101 of the Pennsylvania Department of Environmental Protection Regulations, Special Water Pollution Regulations, or its successor regulations and Pennsylvania's Nutrient Management Act.[1]

[1]

Editor's Note: See 3 Pa.C.S.A. § 501 et seq.

(e)

The following provisions must be met for issuance and maintenance of a permit:

[1]

No large or medium-size farm animals are permitted on less than 10 acres. A maximum of two large or medium-size farm animals are permitted on 10 acres. Two additional large or medium-size farm animals are permitted on each acre over 10 acres. If these limitations are exceeded as a result of a newborn, the owner is permitted six months to adjust the number of animals in accordance with these limitations.

[2]

Small animals shall be restrained by an enclosure, fence or leash run area. Such structure, fence or leash run area must be located in the rear yard, and may not be closer than 30 feet to any lot line. The total for this purpose shall not exceed 25% of the rear yard.

[3]

Up to four chickens are permitted per lot, and must be contained within a coop or other structure meeting the following requirements:

[a]

The setback for a principle structure in the applicable zoning classification must be observed;

[b]

The structure must be in the rear yard only; and

[c]

Maximum size is 24 square feet.

[d]

Existing structures cannot be used or converted for this purpose unless the structure meets all the requirements of this subsection.

[4]

Five or more chickens are permitted per lot and must be contained within a coop or other structure meeting the following requirements:

[a]

A setback of 175 feet from any lot line must be observed;

[b]

The structure must be in the rear yard only; and

[c]

Existing structures cannot be used or converted for this purpose unless the structure meets all the requirements of this subsection.

[5]

No farm animal or farm building is permitted in any front yard or side yard.

[6]

Farm animals may not roam onto neighboring properties.

[7]

Medium and large farm animals must be restrained by a fence or leashed area. Such area shall be set back 50 feet minimum from any lot line, provided that enclosures, fences or buildings for pigs, sheep or goats shall be set back a minimum of 175 feet.

[8]

Except as otherwise provided herein, Farm buildings shall be set back a minimum of 175 feet from any lot line.

[9]

Open manure piles are prohibited. Farm buildings storing manure shall be located, constructed and managed in strict conformance with all state and federal regulations, including the state's Nutrient Management Act,[2] Chapter 22, and regulations promulgated under this Act, and managed so as to prevent a direct adverse effect on the health, safety and general welfare of the surrounding area. Leachate or water runoff from the farm must be controlled to prevent pollution of wells, the Borough's stormwater system, and state waterways.

[2]

Editor's Note: See 3 Pa.C.S.A. § 501 et seq.

[10]

A buffer yard is required to buffer adjacent homes in the case of farm buildings for large or medium farm animals.

[11]

Direct commercial sales of agricultural commodities on the land are permitted only if the sales qualify as a home-based business.

[12]

Except as set forth herein, the dimensional requirements for accessory structures shall apply to any farm building. To the extent there is any inconsistency in requirements, the more stringent will apply.

(f)

The keeping of a wild animal is not an accessory use in any zoning district in the Borough. No person shall keep a wild animal in any place other than a zoological park, veterinary hospital or clinic, humane society, or circus, sideshow, amusement show or facility used for educational or scientific purposes, which provides proper cages, fences and other protective devices adequate to prevent such animal from escaping or injuring the public.

(7)

Solar photovoltaic systems shall be considered a use customarily incidental to a principal use and shall be permitted as an accessory use in all zoning districts, but only when in compliance with the accessory structure requirements of this Zoning Ordinance, and further subject to the following:

[Added 2-18-2014 by Ord. No. 532]

(a)

Definitions. The following definitions apply to this subsection:

BUILDING-MOUNTED SYSTEM

A solar photovoltaic system attached to any part or type of roof on a building or structure that has an occupancy permit on file with the Borough and that is either the principal structure or an accessory structure on a recorded parcel.

GROUND-MOUNTED SYSTEM

A solar photovoltaic system mounted on a structure, pole or series of poles constructed specifically to support the photovoltaic system and not attached to any other structure.

PHOTOVOLTAIC (PV)

A semiconductor-based device that converts light directly into electricity.

SOLAR PHOTOVOLTAIC (PV) SYSTEM

A solar collection system consisting of one or more building- and/or ground-mounted systems. Such a system includes all solar photovoltaic cells, panels or arrays and solar related equipment that rely upon solar radiation as an energy source for collection, inversion, storage and distribution of solar energy for electricity generation. A solar PV system is a generation system with a nameplate capacity of not greater than 50 kilowatts if installed at a residential service or not larger than 3,000 kilowatts at other customer service locations, and does not produce excess on-site energy greater than currently permitted by Pennsylvania Public Utility Commission guidelines.

(b)

Location.

[1]

Building-mounted systems are only permitted to face the rear yard. Building-mounted systems may only be mounted on the roof of lawfully permitted principal or accessory structures.

[2]

Ground-mounted systems are permitted based on the requirements for accessory uses or structures in the property's zoning district and the requirements of this subsection.

(c)

Setback requirements.

[1]

Ground-mounted systems. Ground-mounted systems are permitted only in the rear yard and are subject to the accessory use or structure yard requirements in the zoning district in which the system is to be constructed. The required yards are measured from the lot line to the nearest part of the system. No part of the ground-mounted system shall extend into the required yard due to a tracking system or other adjustment of solar-PV-related equipment or parts.

(d)

Height restrictions.

[1]

Notwithstanding the height limitations of the zoning district:

[a]

For a building-mounted system installed on a sloped roof, the system must be installed at the same angle as the roof on which it is installed with a maximum distance, measured perpendicular to the roof, of 18 inches between the roof and highest edge or surface of the system.

[b]

For a building-mounted system installed on a sloped roof, the highest point of the system shall not exceed the highest point of the roof to which it is attached.

[2]

Notwithstanding the height limitations of the zoning district:

[a]

For a building-mounted system installed on a flat roof, the highest point of the system shall be permitted to extend up to six feet above the roof to which it is attached.

[3]

Ground-mounted systems may not exceed the permitted height of accessory structures in the zoning district where the system is to be installed.

(e)

Screening and visibility.

[1]

Building-mounted systems on a sloped roof shall not be required to be screened.

[2]

Building-mounted systems mounted on a flat roof shall not be visible from the public right-of-way within a forty-foot radius of the property, at a level of five feet from the ground in a similar manner as to any other rooftop HVAC or mechanical equipment. This can be accomplished with architectural screening, such as a building parapet, or by setting the system back from the roof edge in such a manner that the solar PV system is not visible from the public right-of-way within a forty-foot radius when measured at a distance of five feet from the ground.

[3]

Ground mounted systems shall provide a buffer yard in accordance with § 130-41.

(f)

Impervious lot coverage restrictions. The surface area of any ground-mounted system, regardless of the mounted angle of any portion of the system, is considered impervious surface and shall be calculated as part of the property lot coverage limitations for the zoning district. If the ground-mounted system is mounted above existing impervious surface, it shall not be calculated as part of the property lot coverage limitations for the zoning district.

(g)

Inspection, safety and removal.

[1]

Solar photovoltaic power systems. Solar photovoltaic systems shall be installed in accordance with Subsection G(7)(g) hereof, the International Building Code and NFPA 70. Exception: Detached, nonhabitable Group U structures including, but not limited to, parking shade structures, carports, solar trellises and similar structures shall not be subject to the requirements of this section.

[2]

Marking is required on interior and exterior direct-current (DC) conduit, enclosures, raceways, cable assemblies, junction boxes, combiner boxes and disconnects.

[a]

The materials used for marking shall be reflective, weather resistant and suitable for the environment. Marking as required in Subsection G(7)(g)[2][b] through [d] below shall have all letters capitalized with a minimum height of 3/8 inch (9.5 millimeters), white on red background.

[b]

Marking content. The marking shall contain the words "WARNING: PHOTOVOLTAIC POWER SOURCE."

[c]

Main service disconnect. The marking shall be placed adjacent to the main service disconnect in a location clearly visible from the location where the disconnect is operated.

[d]

Location of marking. Marking shall be placed on interior and exterior DC conduit, raceways, enclosures and cable assemblies every 10 feet (3,048 millimeters), within one foot (305 millimeters) of turns or bends and within one foot (305 millimeters) above and below penetrations of roof/ceiling assemblies, walls or barriers.

[3]

Locations of DC conductors. Conduit, wiring systems, and raceways for photovoltaic circuits shall be located as close as possible to the ridge or hip or valley and from the hip or valley as directly as possible to an outside wall to reduce trip hazards and maximize ventilation opportunities. Conduit runs between sub arrays and to DC combiner boxes shall be installed in a manner that minimizes the total amount of conduit on the roof by taking the shortest path from the array to the DC combiner box. The DC combiner boxes shall be located such that conduit runs are minimized in the pathways between arrays. DC wiring shall be installed in metallic conduit or raceways when located within enclosed spaces in a building. Conduit shall run along the bottom of load bearing members.

[4]

Access and pathways.

[a]

Roof access, pathways, and spacing requirements shall be provided as required herein. Exceptions:

[i]

Residential structures shall be designed so that each photovoltaic array is no greater than 150 feet (45,720 millimeters) by 150 feet (45,720 millimeters) in either axis.

[ii]

Panels/modules shall be permitted to be located up to the roof ridge where an alternative ventilation method approved by the fire chief has been provided or where the fire chief has determined vertical ventilation techniques will not be employed.

[b]

Roof access points. Roof access points shall be located in areas that do not require the placement of ground ladders over openings such as windows or doors, and located at strong points of building construction in locations where the access point does not conflict with overhead obstructions such as tree limbs, wires, or signs.

[c]

Residential systems for one- and two-family dwellings. Access to residential systems for one- and two-family dwellings shall be provided in accordance with Subsection G(7)(g)[4][d] through [g] below.

[d]

Residential buildings with hip roof layouts. Panels/modules installed on residential buildings with hip roof layouts shall be located in a manner that provides a three-foot-wide (914 millimeters) clear access pathway from the eave to the ridge on each roof slope where panels/modules are located. The access pathway shall be located at a structurally strong location on the building capable of supporting the live load of fire fighters accessing the roof. Exception: These requirements shall not apply to roofs with slopes of two units vertical in 12 units horizontal (2:12) or less.

[e]

Residential buildings with a single ridge. Panels/modules installed on residential buildings with a single ridge shall be located in a manner that provides two three-foot-wide (914 millimeters) access pathways from the eave to the ridge on each roof slope where panels/modules are located. Exception: This requirement shall not apply to roofs with slopes of two units vertical in 12 units horizontal (2:12) or less.

[f]

Residential buildings with roof hips and valleys. Panels/modules installed on residential buildings with roof hips and valleys shall be located no closer than 18 inches (457 millimeters) to a hip or a valley where panels/modules are to be placed on both sides of a hip or valley. Where panels are to be located on only one side of a hip or valley that is of equal length, the panels shall be permitted to be placed directly adjacent to the hip or valley. Exception: These requirements shall not apply to roofs with slopes of two units vertical in 12 units horizontal (2:12) or less.

[g]

Residential building smoke ventilation. Panels/modules installed on residential buildings shall be located no higher than three feet (914 millimeters) below the ridge in order to allow for fire department smoke ventilation operations.

[h]

Other than residential buildings. Access to systems for occupancies other than one- and two-family dwellings shall be provided in accordance with Subsection G(7)(g)[4][i] through [k] below. Exception: Where it is determined by the Fire Code Official that the roof configuration is similar to that of a one- or two-family dwelling, the residential access and ventilation requirements in Subsection G(7)(g)[4][d] through [g] above shall be permitted to be used.

[i]

Access. There shall be a minimum six-foot-wide (1,829 millimeters) clear perimeter around the edges of the roof. Exception: Where either axis of the building is 250 feet (76,200 millimeters) or less, there shall be a minimum four-foot-wide (1,290 millimeters) clear perimeter around the edges of the roof.

[j]

Pathways. The solar installation shall be designed to provide designated pathways. The pathways shall meet the following requirements:

[i]

The pathway shall be over areas capable of supporting the live load of fire fighters accessing the roof.

[ii]

The centerline axis pathways shall be provided in both axes of the roof. Centerline axis pathways shall run where the roof structure is capable of supporting the live load of firefighters accessing the roof.

[iii]

Shall be a straight line not less than four feet (1,290 millimeters) clear to skylights or ventilation hatches.

[iv]

Shall be a straight line not less than four feet (1,290 millimeters) clear to roof standpipes.

[v]

Shall provide not less than four feet (1,290 millimeters) clear around roof access hatch with at least one not less than four feet (1,290 millimeters) clear pathway to parapet or roof edge.

[k]

Smoke ventilation. The solar installation shall be designed to meet the following requirements:

[i]

Arrays shall be no greater than 150 feet (45,720 millimeters) by 150 feet (45,720 millimeters) in distance in either axis in order to create opportunities for fire department smoke ventilation operations.

[ii]

Smoke ventilation options between array sections shall be one of the following:

[A]

A pathway eight feet (2,438 millimeters) or greater in width.

[B]

A four-foot (1,290 millimeters) or greater in width pathway and bordering roof skylights or smoke and heat vents.

[C]

A four-foot (1,290 millimeters) or greater in width pathway and bordering four-foot-by-eight-foot (1,290 millimeters by 2,438 millimeters) "venting cutouts" every 20 feet (6,096 millimeters) on alternating sides of the pathway.

[5]

Ground-mounted photovoltaic arrays. Ground-mounted photovoltaic arrays shall comply with Subsection G(7)(g)[1] through [3] above and this section. Setback requirements shall not apply to ground-mounted, freestanding photovoltaic arrays. A clear, brush-free area of 10 feet (3,048 millimeters) shall be required for ground-mounted photovoltaic arrays.

[6]

The Borough reserves the right to inspect a solar PV system for building or fire code compliance and safety.

[7]

If an owner/property owner/land owner/facility owner/operator fails to repair or remove a solar PV system as ordered, and any appeal rights have been exhausted, the Borough may enter the structure/property, remove the system and charge the owner/property owner/land owner/facility owner/operator for all costs and expenses of removal, including reasonable attorney's fees or pursue other legal action to have the system removed at the owner/property owner/land owner/facility owner/operator's expense.

[8]

In addition to any other available remedies, any unpaid costs resulting from the Borough's removal of a vacated, abandoned or decommissioned solar PV system shall constitute a lien upon the property against which the costs were charged. Legal counsel of the Borough shall institute appropriate action for the recovery of such cost, plus attorney's fees, including, but not limited to filing of municipal claims pursuant to 53 P.S. § 7107, et seq., for the cost of such work, interest of 6% per annum, plus a penalty of 5% of the amount due plus attorney's fees and costs incurred by the Borough in connection with the removal work and the filing of the Borough claim.

(h)

Permit requirements. Before any construction or installation on any solar PV system shall commence, a permit issued by the Borough shall be obtained to document compliance with this subsection. The Council may establish a fee for said permit by resolution.

(8)

A wind energy facility shall be considered a use customarily incidental to a principal use and shall be permitted as an accessory use in all zoning districts, but only when in compliance with the accessory structure requirements of the Zoning Ordinance, and further subject to the following:

[Added 2-18-2014 by Ord. No. 532]

(a)

A wind energy facility is a device that converts wind energy to mechanical or electrical energy. "Wind energy facility" includes wind generators, wind turbines, windwheels and windmills, and also includes the rotor blades, nacelle and tower of any such structure.

(b)

No wind energy facilities shall be erected within a front or side yard, only a rear yard. All such facilities shall maintain a setback from any lot line equivalent to 125% of the maximum height of the wind energy facility, as measured from its point of anchoring to the outer tip of its rotor blade. In no case, shall a wind energy facility exceed 45 feet in height.

(c)

The structure supporting the wind rotor unit, including any necessary guideposts and supporting cables shall be certified by a professional structural engineer licensed as such in Pennsylvania.

(d)

All owners of a wind energy facility shall provide the Borough with a structural safety assessment report prepared by a professional structural engineer licensed as such in Pennsylvania every five years. Said reports shall be provided to the Zoning Officer on the anniversary date of when the zoning certificate was issued.

(e)

The minimum distance between grade and the lowest point of a rotor blade shall be 20 feet.

(f)

All electric lines/utility wires shall be buried underground and installed in accordance with applicable building and electrical codes.

(g)

Any mechanical equipment associated and necessary for operation, including a building or structure for batteries and storage cells, shall be enclosed by an eight-foot-high fence. A wind energy facility shall provide a buffer yard in accordance with § 130-41.

(h)

When a building or structure is necessary for storage cells or related mechanical equipment, the building or structure shall not exceed 150 square feet.

(i)

One wind energy facility shall be permitted per lot.

(j)

The supporting structure and generating unit shall be kept in good repair and sound condition. Upon abandonment of use, the supporting structure and related structures shall be dismantled and removed from the lot within three months.

(k)

Any noise from the wind energy facility shall not exceed 45 dBA when measured at any nearest lot line.

(l)

No signage, logos or other graphic designs shall be permitted to be visually displayed on said wind generating unit rotors or supporting structure.

(m)

If an owner/property owner/land owner/facility owner/operator fails to repair or remove a wind energy facility as ordered, and any appeal rights have been exhausted, the Borough may enter the structure/property, remove the system and charge the owner/property owner/land owner/facility owner/operator for all costs and expenses of removal, including reasonable attorney's fees or pursue other legal action to have the system removed at the owner/property owner/land owner/facility owner/operator's expense.

(n)

In addition to any other available remedies, any unpaid costs resulting from the Borough's removal of a vacated abandoned or de-commissioned wind energy facility shall constitute a lien upon the property against which the costs were charged. Legal counsel of the Borough shall institute appropriate action for the recovery of such cost, plus attorney's fees, including, but not limited to filing of municipal claims pursuant to 53 P.S. § 7107, et seq., for the cost of such work, interest of 6% per annum, plus a penalty of 5% of the amount due plus attorney's fees and costs incurred by the Borough in connection with the removal work and the filing of the Borough claim.

(o)

Before any construction or installation on any wind energy facility shall commence, a permit issued by the Borough shall be obtained to document compliance with this subsection. The Council may establish a fee for said permit by resolution.