[Added 11-22-2016 by Ord.
No. 769]
Communication antennas, towers, and equipment shall be permitted
by special exception within the rights-of-way of public or private
streets only within the Highway Commercial Zone (HC), Light Industrial
Zone (LI) and Heavy Industrial Zone (HI), and only if the communications
tower, antenna, and equipment meet all of the following requirements:
A. Towers and equipment prohibited in areas served by underground utilities.
No communications antennas, towers or equipment shall be installed
within a public street right-of-way or a private street right-of-way
where utility facilities serving lots abutting such street are located
underground. Communications antennas, towers, and equipment shall
be installed only within rights-of-way of streets where there are
utility poles and overhead wires existing on November 22, 2016.
B. Co-location. An application for a new communications tower in a street
right-of way shall not be approved unless the Borough finds that the
proposed wireless communications equipment cannot be accommodated
on an existing structure, such as a utility pole or traffic light
pole. Any application for approval of a communications tower shall
include a comprehensive inventory of all existing towers and other
suitable structures within a one-mile radius from the point of the
proposed tower, unless the applicant can show to the satisfaction
of the Borough that a different distance is more reasonable, and shall
demonstrate conclusively why an existing tower or other suitable structure
cannot be utilized.
C. Time, place and manner. The Borough shall determine the time, place
and manner of construction, maintenance, repair and/or removal of
all communications towers in the public street right-of-way based
on public safety, traffic management, physical burden on the public
street right-of-way, and related considerations. For public utilities,
the time, place and manner requirements shall be consistent with the
police powers of the Borough and the requirements of the Public Utility
Code.
D. Equipment location. Communications towers and accessory equipment
shall be located so as not to cause any physical or visual obstruction
to pedestrian or vehicular traffic or to otherwise create safety hazards
to pedestrians and/or motorists or to otherwise inconvenience public
use of the public street right-of-way as determined by the Borough.
In addition:
(1)
In no case shall ground-mounted equipment, walls, or landscaping
be located within 18 inches of the face of the curb.
(2)
Ground-mounted equipment that cannot be installed underground
shall be screened, to the fullest extent possible, through the use
of landscaping or other decorative features to the satisfaction of
the Borough.
(3)
All required electrical meter cabinets shall be screened to
blend in with the surrounding area to the satisfaction of the Borough.
(4)
Any graffiti on the tower or on any accessory equipment shall
be removed at the sole expense of the owner within 30 business days
of notice of the existence of the graffiti.
(5)
Any underground vaults related to communications towers shall
be reviewed and approved by the Borough.
E. Design regulations.
(1)
The communications antennas and communications tower shall employ
the most current stealth technology available in an effort to appropriately
blend into the surrounding environment and minimize aesthetic impact.
The application of the stealth technology chosen by the applicant
shall be subject to the approval of the Borough.
(2)
Any substantial change to an existing communications tower shall
require prior approval of the Borough.
(3)
Any proposed communications tower shall be designed structurally,
electrically, and in all respects to accommodate both the applicant's
antennas and comparable antennas of future users, including antenna
for public safety needs by emergency responders.
(4)
The height of any communications tower shall not exceed 40 feet.
Any height extension to an existing communications tower shall require
an additional special exception. Guy wires are not permitted. Any
communications tower shall be self-supporting.
F. Additional antennas. The applicant shall allow and encourage other
service providers to co-locate antennas on communications towers where
technically and economically feasible. The owner of a communications
tower shall not install any additional antennas without obtaining
the prior written approval of the Borough.
G. Relocation or removal of facilities. Within 60 days following written
notice from the Borough, or such longer period as the Borough determines
is reasonably necessary or such shorter period in the case of an emergency,
an owner of a communications tower and/or equipment in the public
street right-of-way shall, at its own expense, temporarily or permanently
remove, relocate, change or alter the position of any communications
tower and/or equipment when the Borough, consistent with its police
powers and applicable Public Utility Commission regulations, shall
determine that such removal, relocation, change or alteration is reasonably
necessary under the following circumstances:
(1)
The construction, repair, maintenance or installation of any
Borough or other public improvement in the right-of-way.
(2)
The operations of the Borough or other governmental entity in
the right-of-way.
(3)
Vacation of a street or road or the release of a utility easement.
(4)
An emergency as determined by the Borough.
H. Compensation for public street right-of-way use. Every communications
tower and/or communications equipment in the public street right-of-way
is subject to the Borough's right to fix annually a fair and reasonable
compensation to be paid for use and occupancy of the public street
right-of-way. Such compensation for public street right-of-way use
shall be directly related to the Borough's actual public street right-of-way
management costs including, but not limited to, the costs of the administration
and performance of all reviewing, inspecting, permitting, supervising
and other public street right-of-way management activities by the
Borough. The owner of each communications tower and/or communications
equipment 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. The annual public street right-of-way management
fee for communications towers and/or communications equipment shall
be determined by the Borough and authorized by resolution of Borough
Council and shall be based on the Borough's actual public street right-of-way
management costs as applied to such communications tower and/or communications
equipment.
I. The owner and/or lessee of any communication antennas, towers, and
equipment located within a public street right-of-way shall be required
to provide a certificate of insurance to the Borough providing evidence
of liability insurance of not less than $1,000,000 and naming the
Township as an additional insured on the policy or policies of the
owner and/or lessee.
[Added 9-10-2020 by Ord. No. 807]
A. Duplex dwellings are permitted within the Low-Density Zone subject
to all requirements of this section and all generally applicable requirements
of this chapter.
B. Duplex dwellings shall be permitted within the development of a tract of more than 10 acres only as a single planned community with all dwelling units being units of the planned community. Duplex dwelling units shall not be located on individual lots, and §
380-29 shall not be applicable to the planned community.
C. The maximum density shall be six dwelling units per acre.
D. All dwelling units shall be served by public water and public sewer
facilities.
E. The development shall have not less than two points of ingress and
egress, at least one of which must be a street intersection providing
access to a collector or arterial street. The second point of ingress
and egress may be in the form of a paved emergency access drive not
less than 20 feet in width. If the development provides a second point
of ingress and egress in the form of a gated emergency access, the
developer shall demonstrate that the type of gate has been approved
by emergency service providers who will be given keys or codes to
enable access prior to the issuance of a certificate of occupancy
for the first dwelling.
F. Individual dwelling units shall not have direct driveway access to
the arterial or collector street abutting the development.
G. Minimum setback requirements:
(1)
All dwelling units shall be set back not less than 35 feet from
all property lines of the tract being developed.
(2)
The minimum front yard setback for all dwelling units from the
cartway of internal streets shall be 25 feet. In addition, the front
facade of any garage shall be set back not less than 20 feet from
the edge of the sidewalk.
(3)
Each building shall have a side separation of at least 10 feet from adjoining buildings. This separation shall be measured from foundation wall to foundation wall. Features identified in §
380-41 may encroach into the separation area.
(4)
The rear of each building shall be separated from the side or
rear of any other building by not less than 40 feet.
H. The maximum impervious surface coverage for the entire development
shall be 45% of the gross lot area of the development site. Stormwater
management facilities shall be designed and installed assuming development
with the maximum impervious surface coverage. The land development
plan for the development shall identify the maximum impervious surface
coverage in square feet attributable to each dwelling unit to enable
the Borough to determine when future applications for accessory structures
are filed whether such accessory structure has been accounted for
within the maximum impervious surface coverage calculation and within
the design of the stormwater management facilities.
I. The applicant shall provide homeowners' association documentation
for review and approval of the Borough with the land development plan.
At a minimum, the homeowners' association documentation shall require
the association to maintain all of the stormwater management facilities;
allow the Borough to maintain the stormwater management facilities
and recover its costs if the association does not do so; identify
the maximum square feet of impervious surface coverage each unit is
allowed; and provide for the long-term maintenance of any common facilities,
including, but not limited to, streets if not accepted by the Borough,
emergency access points, and open space.
J. Off-street parking shall be provided in accordance with §
380-38.
K. Accessory buildings and structures shall not be placed between the
front of the dwelling and any public or private street. No accessory
structure shall be located within 10 feet of any dwelling unit other
than the dwelling unit to which the accessory structure relates. No
accessory structure shall be located within 35 feet of the property
line of the tract being developed.
[Added 4-12-2022 by Ord. No. 815]
A. Within the (MFR, MU, CBD, HC, LI, and HI) zones, short-term rentals
are permitted by special exception, provided that the applicant has
met his/her burden of proof that the proposed use meets all applicable
regulations contained in this chapter, including but not limited to
those general criteria contained within § 380- 139B(2) and
specifically as follows:
B. Short-term rentals are only permitted in buildings where the existing
or prior approved use was a habitable single-family detached dwelling.
C. Overnight occupancy of a short-term rental shall be limited to no
more than two persons per bedroom plus two additional persons per
dwelling unit up to a maximum of 10 total persons.
D. Any outdoor amenities or improvements to the short-term rental such
as decks, seating areas, horseshoe pits, patios, and the like must
be at least 25 feet from any single-family dwelling on any adjoining
lot.
E. Off-street parking:
(1)
Not less than one off-street parking space shall be provided
for the short-term rental. If the short term rental has more than
two bedrooms, not less than two off-street parking spaces shall be
provided.
(2)
Occupants shall be limited to available parking areas on the
short-term rental facility property. In no event shall required off-street
parking for short-term rental occupants include spaces in any public
street right-of-way or on any lawns or vegetated areas.
(3)
A maximum of one car per bedroom is permitted for any short-term
rental facility.
(4)
Overnight occupancy of recreational vehicles, camper trailers,
and tents at the property where the short-term rental facility is
located shall not be permitted.
(5)
Outdoor sleeping of occupants is prohibited.
F. The owner must maintain or produce an up-to-date ledger detailing
the length of stay and the number of occupants of the short-term rental
facility each time the short-term rental facility is used and present
the ledger to the Zoning Officer, or the Zoning Officer's designee,
upon request.
G. The exterior of the building containing the short-term rental must
maintain a residential appearance.
H. Special events and public functions such as concerts, conferences
or weddings are prohibited on the lot of or within the short-term
rental.
I. Access to the property must be maintained and remain clear of obstructions
to accommodate emergency vehicles.
J. Signage is limited to a one-square-foot nameplate, excluding any
signage identifying street address of the property.
K. Regardless of the number of dwellings on a lot, there may only be
one contract for rent at any given time.
L. The owner or operator must pay all state, county, and local hotel
occupancy taxes that are applicable to the temporary lodging. Prior
to the issuance of a zoning permit for the short-term rental facility
the owner shall provide the Zoning Officer with proof that the owner
has obtained any licenses or registrations required by each taxing
entity.
M. The owner or operator shall register the short term rental in accordance with Chapter
277 and pay all fees established under Chapter
277, Rental and Vacant Property.
N. The owner/operator must provide the Borough of Palmyra and the Palmyra Borough Police Department with contact information as required by Chapter
277, Rental and Vacant Property. The contact phone number must also be posted in a visible, but discreet location on the property.
O. All short-term rental facilities shall be equipped with the following:
(1)
Smoke detectors in each bedroom.
(2)
Smoke detectors outside each bedroom in common hallways.
(3)
Smoke detectors on each floor.
(4)
GFI outlets for an outlet located within six feet of water sources.
(5)
Aluminum or metal exhaust from the dryer.
(6)
Carbon monoxide detector if open flame (oil or gas) fireplace,
gas or wood fireplace or wood-burning stove.
(7)
Carbon monoxide detector if garage is attached.
(8)
Fire extinguisher in kitchen.
(9)
Stairs (indoor and outdoor) in good condition.
(10)
If not served by a public sewer system, evidence that the sewer
system is adequate to serve the maximum number of occupants of the
short-term rental.
(11)
Fully functioning bathing and toilet facilities.
(12)
Fully functioning kitchen (if one has been installed).
(13)
All smoke detectors must be hard wired.
(15)
All bedrooms shall have a direct means of ingress and egress.
P. There shall be no overnight guests other than the individuals renting
the facility.