Temporary structures used in conjunction with construction work
shall be permitted only during the period that the construction work
is in progress. Permits for temporary structures shall be issued for
a six-month period. Residing in a basement, a foundation, or a temporary
structure before completion of the total structure shall not be permitted.
Off-street loading and parking spaces shall be provided in accordance
with the specifications in this section in all districts, whenever
any new use is established or an existing use is enlarged.
A.
Every building which requires the receipt or distribution by vehicles
of materials or merchandise shall provide off-street loading berths
in accordance with the following table:
|
Off-Street Loading Space Requirements
| |||
|---|---|---|---|
|
Uses
|
Square Feet of Floor Area
|
Required Off-Street Loading Space
| |
|
All nonresidential uses in the T-1, B-1 and B-2 Districts
|
10,000 to 25,000
|
1
| |
|
25,001 to 40,000
|
2
| ||
|
40,001 to 60,000
|
3
| ||
|
60,001 to 100,000
|
4
| ||
|
For each additional 50,000 or major fraction thereof
|
1 additional
| ||
|
All resident and placement treatment facilities
|
10,000 to 300,000
|
1
| |
|
For each additional 300,000 or major fraction thereof
|
1 additional
| ||
|
NOTES:
| |
|
Each loading space shall not be less than 14 feet in width,
55 feet in length, and 14 feet in height.
|
B.
Each off-street parking space shall have an area of not less than
162 square feet exclusive of access drives or aisles, and shall be
nine feet by 18 feet. Except in the case of dwellings, no parking
area shall contain less than three spaces. There shall be adequate
ingress and egress to all parking spaces. Parking areas shall be designed
to provide sufficient turnaround area so that vehicles are not required
to back into roads. Where a lot does not abut on a public or private
alley or easement of access, there shall be provided an access drive
leading to the parking or storage areas or loading spaces. Such access
drive shall not be less than 15 feet wide for one-way drives. For
two-way drives, such access drives shall not be less than 20 feet
wide. Access to off-street parking areas shall be limited to well
defined locations, and in no case shall there be unrestricted access
along the length of a street or alley.
C.
The number of off-street parking spaces required is set forth below.
Where the use of the premises is not specifically mentioned, requirements
for a similar use shall apply as determined by the Zoning Officer.
|
Off-Street Parking Requirements
| ||
|---|---|---|
|
Uses
|
Required Parking Spaces
| |
|
Animal hospital and boarding of animals
|
1 for each 5 kennels, minimum 3 spaces
| |
|
Automobile sales and service garages
|
1 for each 400 square feet of floor area
| |
|
Banks or professional offices
|
1 for each 100 square feet of floor area
| |
|
Bowling alleys
|
7.5 for each alley
| |
|
Car wash
|
5 for each wash line
| |
|
Churches or schools
|
1 for each 3.5 seats in an auditorium or 1 for each 17 classroom
seats, whichever is greater
| |
|
Community buildings and social halls
|
1 for each 50 square feet of floor area
| |
|
Driving ranges and miniature golf
|
1 for each tee
| |
|
Dwellings
|
2 for each family or dwelling unit
| |
|
Food supermarket
|
1 for each 100 square feet of floor area
| |
|
Funeral homes, mortuaries
|
10 for first parlor, 5 for each additional parlor
| |
|
Manufacturing plants, research or testing laboratories
|
1 for each employee on maximum shift
| |
|
Medical or dental offices
|
5 for each doctor or dentist
| |
|
Restaurants, taverns and night clubs
|
1 for each 2.5 seats
| |
|
Retail stores and shops
|
1 for each 100 square feet of floor area
| |
|
Rooming houses and dormitories
|
1 for each bedroom
| |
|
Service stations
|
4 for each service bay
| |
|
Sports arenas, auditoriums, theaters, assembly halls
|
1 for each 3.5 seats
| |
|
Trailer or monument sales
|
1 for each 2,500 square feet of lot area
| |
|
Treatment facilities
|
See § 280-40C
| |
|
Wholesale establishments
|
1 for each 2 employees on maximum shift. The total parking area
shall not be less than 25% of the building floor area.
| |
D.
Required parking spaces shall be located on the same lot with the
principal use, except that up to 25% of the required spaces may be
located within a street right-of-way that is improved by the developer
including paving, curbing, storm drainage and sidewalks.
(1)
If the Planning Commission determines that it is impractical to provide
all of the required parking spaces on the same lot with the principal
use, an off-site parking area may be allowed not more than 400 feet
from the nearest point of the lot of the principal use.
(2)
If the Planning Commission determines that it may allow a principal
use in a business district to have an off-site parking area located
in a transitional district, on any lot of record that is immediately
adjoining the business district, it shall be considered a transitional
use.
(3)
Business and transitional district off-street loading areas and parking
areas shall be screened on each side that adjoins a residential district
lot of record, with a solid fence or wall six feet in height at the
property line.
(4)
Residential district off-street loading areas and parking areas for
more than five vehicles shall be at least seven feet from any adjoining
property.
(5)
All off-street loading areas, and parking areas for more than five
vehicles, shall be graded and drained to properly dispose of all surface
water, be designed to provide orderly and safe loading and parking,
and be dust- and mud-free.
Any facility for water recreation, such as permanent private
swimming pools, swimming clubs, or any other water storage facility
such as reservoirs, fish hatcheries, sewage lagoons and stormwater
retention facilities, shall comply with the following regulations:
A.
The facility must meet the setback requirements of the district.
B.
The facility must be enclosed by a fence not less than four feet
high to prevent uncontrolled access by small children for safety reasons.
C.
The facility, if operated to attract visitors, must provide ample
parking space as will be determined by the Zoning Officer.
D.
Before a permit shall be issued to the operator or owner of the facility,
other than a private swimming pool, a plan shall be submitted to the
Zoning Officer showing size of facility, proposed use, parking arrangements
and use of the buildings on site, surrounding properties and their
usage, and any other pertinent information.
All permanent signs require a zoning certificate before erection
and the following conditions shall apply to the issuance of said certificate.
A.
Signs shall not be illuminated or positioned in any manner which
would cause undue distraction, confusion, or hazard to vehicular traffic.
B.
Signs shall not be placed within public rights-of-way.
C.
Signs in residential districts shall be limited to temporary real
estate signs not to exceed four square feet; temporary garage sale
signs not to exceed two square feet; temporary political signs not
to exceed four square feet; and permanent home occupation signs not
to exceed two square feet in the R-1 District and four square feet
in the R-2 District, all of which shall be flush-mounted. All temporary
signs must be removed immediately after the expressed activity has
terminated.
D.
Signs in business and transitional districts shall relate only to
the business or activity conducted on the premises. The total area
in square feet of all such signs, including signs on marquees and
canopies, shall not exceed the number of linear feet of street frontage.
No projecting sign shall exceed 20 square feet in area, subject to
the following provisions:
E.
In addition to signs allowed in Subsection D, the following signs shall be permitted within business districts: temporary real estate signs not to exceed 10 square feet; temporary political signs not to exceed 10 square feet; temporary garage sale signs not to exceed two square feet; and self-illuminating and moving signs related only to the business or activity conducted on the premises. All temporary signs must be removed immediately after the expressed activity has been terminated.
F.
Signs or boards for churches, schools or similar public structures
are allowed in all districts, not to exceed 20 square feet in size.
G.
Signs erected at intersections shall not impair the visibility of
the motoring public. Where signs are placed at intersections, they
shall project off the ground horizontally from the principal structures
and maintain a minimum clearance of 12 feet from the bottommost portion
of the sign to the ground level. No flashing or distracting signs
or devices which may be confused with traffic signals or warning devices
are allowed.
H.
A sign pertaining to the candidacy of any person for public office
shall not be erected or placed within the Borough until such individual
or representative of the candidate posts a cash bond of $50 with the
Zoning Officer. Such signs shall be erected no sooner than 30 days
prior to the date of an election (primary or general) and such signs
must be removed within 10 days following the election date or else
the bond will be forfeited to the Borough. The Borough shall refund
the cash bond within 30 days of the receipt of a notarized affidavit
by the candidate or his representative attesting to the complete removal
of all signs within the Borough. Such signs shall not be placed within
the public right-of-way nor be situated within clear sight areas of
any intersection of the Borough and are limited to 10 square feet
with the exception of the utilization of permitted billboards.
Such uses are permitted in all districts, subject to the following
requirements:
A.
Enclosures for side yards and rear yards shall not exceed a height
of six feet in any residential district, and both shall be measured
at the level of the natural lay of the land. Within any residential
district, no enclosure shall be permitted that causes physical harm,
such as barbed wire or electric fences and razor, spiked or broken-glass-topped
fences and walls, etc.
B.
Within the T and B-1 Districts, the height of enclosures shall not
exceed eight feet, and within the B-2 District, the height may increase
to 12 feet. The distance of height shall be determined from the ground
level below the enclosure.
C.
No enclosure shall project beyond the front setback line in any district.
Front yards in any district may have ornamental and security fencing
limited to three feet in height and 50% solid. There are no minimum
setback distances established for side or rear yards, and normal landscaping
structures do not require a permit.
These resident structures are subject to the following requirements:
A.
B.
Prior to the approval of such structures, the Zoning Officer shall
be provided with an approved copy of the declaration plan required
for condominiums by current state law, if applicable. Any other requirements
that are applicable to these required structures, such as PA Department
of Labor and Industry regulations, must also be complied with, and
any permit and/or plan required by the commonwealth must be provided
to the Zoning Officer.
A single-family dwelling within the R-2 and T Districts existing
at the time this chapter becomes effective may be converted into two-
and three-dwelling-unit structures, respectively, providing the following
requirements are met:
Residential and commercial occupancy within the same structure
is permitted within the T and B-1 Districts if the following requirements
are met:
A.
The ground floor of the principal structure shall be devoted to the
business activities as permitted in the T and B-1 Districts.
C.
A minimum of two means of entrance and exits shall be maintained
for each floor on which a residential unit or units are located and
the requirements of the PA Department of Labor and Industry shall
be met.
A home occupation shall be clearly incidental and secondary
to the use of the dwelling unit for residential purposes. The following
additional requirements shall be met:
A.
The area devoted to the home occupation, whether carried out in the
principal or in an accessory structure, shall not exceed 30% of the
floor area of the principal structure.
B.
There shall be no exterior display, exterior sign other than permitted under § 280-30C, no exterior storage of materials and no exterior indication of the home occupation or variation from the residential character of the principal structure.
C.
No noise, vibrations, smoke, dust, odors, heat, glare or excessive
traffic shall be produced.
D.
A home occupation shall not be interpreted to include commercial
kennels, motor vehicle or auto body shops, restaurants, or medical
and dental clinics.
E.
Not more than the following employees who do not reside on the premises
or in the house shall be employed in said occupation: none in the
R-1 District, one in the R-2 District, and two in the T and B-1 Districts.
F.
The parking need generated by the conduct of a home occupation shall
be met off the street and other than in the required front yard.
The following requirements are established for such uses in
the T, B-1 and B-2 Districts:
A.
The site shall have a minimum frontage of 100 feet.
B.
All areas that are not landscaped shall be paved, graded and drained
to properly dispose of all surface water.
C.
Separate entrance and exit driveways shall be provided, and these
shall be limited to a maximum of one of each on each abutting street.
The entrance and exit driveways shall not be less than 30 feet apart
at the street right-of-way.
D.
Entrance and exit driveways shall be located no closer than 50 feet
from the intersecting right-of-way lines of street intersections,
and these access driveways shall not exceed 20 feet in width nor be
less than 10 feet in width within 10 feet of the street right-of-way.
E.
The owner shall provide a site plan of the proposed operation showing
the location of entrance and exits, the building housing the equipment,
the parking areas, the distance to the nearest street intersection,
property lines and setbacks.
Such uses are permitted in the R-2 District, if the following
requirements are met:
B.
The minimum area of a mobile home park shall be five acres.
C.
Each mobile home lot within the mobile home park shall have a minimum
area of 4,000 square feet.
D.
Each mobile home lot shall have a minimum width of 40 feet.
E.
Not less than 10% of the gross area of the mobile home park shall
be improved for recreational activities for the residents of the park.
F.
The mobile home park shall be appropriately landscaped and screened
from adjacent properties.
G.
The mobile home park shall meet all applicable requirements of Chapter 234, Subdivision and Land Development, of the Code of the Borough of Waterford.
H.
Coin-operated laundries, laundry and dry-cleaning pickup stations
and other service convenience establishments may be permitted in mobile
home parks provided that they are subordinate to the residential character
of the park; they are located, designed and intended to serve only
the needs of persons living in the park; the establishments and the
parking areas related to their use shall not occupy more than 10%
of the total area of the park; and the establishments shall present
no visible evidence of their service nature to areas outside the park.
[Added 6-3-2002 by Ord. No. 1-2002]
A.
No mobile home shall be erected within the Borough of Waterford except
in an approved mobile home park, except as hereinafter provided.
B.
Mobile homes or temporary structures and trailers shall be approved
for temporary erection and use on any lot where construction of a
permanent structure is contemplated, provided that such construction
shall commence within one year after approval, and provided further
that such mobile home, temporary structure or trailer shall be removed
upon completion of such construction or within five years of approval,
whichever first occurs.
Such uses as motor vehicle salvage, junkyards and recycling
facilities, etc., are permitted in the B-2 District. Such uses shall
meet the following requirements:
A.
They shall be completely screened on all sides with a visually solid
fence or wall at least eight feet in height and not more than 12 feet
in height. All fencing or walls shall be maintained in sound condition.
B.
All material shall be stored or arranged so as to permit access by
fire-fighting equipment and to prevent the accumulation of water,
and with no material piled at a height above the level of the fence
or wall. No oil, grease, tires, gasoline, interiors of vehicles or
other similar material shall be burned at any time.
C.
Any such facility shall be maintained in such a manner as to cause
no public or private nuisance, nor to cause any offensive or noxious
sounds or odors, nor to cause the breeding or harboring of rats or
other vectors.
Resident treatment facilities are permitted in the R-2, T and
B-1 Districts. Placement treatment facilities are permitted in the
T and B-1 Districts. Such uses shall meet the following requirements:
A.
Evidence that all applicable federal, state, county and local laws,
rules, regulations, and ordinances (including those dealing with fire
protection and other safety requirements, the number and qualifications
of personnel required, etc.) have been met and will be complied with,
concerning the use of an existing structure or construction of a new
facility, and the operation of the facility once occupied.
B.
Evidence that all necessary permits, licenses, certifications and
other approvals for the facility and for its operator and/or personnel
or employees have been obtained from federal, state, county and local
government agencies and/or courts, as applicable, and will be kept
in effect.
C.
A paved parking area(s) with one off-street parking space for each
employee and/or operator on maximum attendant shift; and one off-street
parking space for every two care recipient beds, which may be utilized
for recipients or visitors parking as applicable.
The purpose of these performance standards is to protect the
health, safety and well-being of adjacent residential district property
owners and the community as a whole by regulating the potential objectionable,
nuisance or hazardous effects of business operations such as noise,
vibration, glare, heat, explosive materials, and electrical disturbance.
A.
The Zoning Officer may require the applicant to submit further information
and evidence as needed to make a final determination, including but
not limited to any of the following:
(1)
Plans of the proposed construction and development.
(2)
A description of the proposed machinery manufacturing processes,
raw material products and by-products.
(3)
Specifications for the techniques proposed to be used in restricting
the emission of any of the hazardous or objectionable elements controlled
by the performance standards.
(4)
Measurements of the amount or rate of emission of hazardous or objectionable
elements controlled by the performance standards.
(5)
Evidence of compliance with applicable state and federal laws covering
air and water pollution and solid and hazardous waste disposal, including
a description of type and amount of liquid, solid and hazardous wastes
generated and plans for their safe disposal.
B.
The Zoning Officer may require the applicant to retain an expert
consultant to study and report as to compliance or noncompliance with
the performance standards, and to advise how a proposed use can be
brought into compliance with the standards. The consultant or consultants
shall be persons or firms mutually agreeable to the Borough and the
applicant. In the event of inability to select a mutually agreeable
consultant, the Borough Council shall select the consultant. The cost
of the consultant's services shall be borne by the applicant.
C.
The Zoning Officer shall investigate any purported violation of the
performance standards, relying on the resources and enforcement authority
of state and federal regulatory agencies if applicable. In extreme
cases or cases over which the Borough has sole authority, the Zoning
Officer may retain the services of expert consultant or certified
environmental testing laboratories. The service of any consultants
retained in the Zoning Officer's investigation shall be paid
by the violator if the violation is established, otherwise by the
Borough. If the Zoning Officer determines that a violation has occurred
or exists, a copy of his findings shall be sent to the business owner
or operator with instruction to correct the violation within a specified
time period. If, after the conclusion of the time granted for compliance
with the performance standards, the Zoning Officer determines the
violation is still in existence, any permits previously issued shall
be required to cease operation until the violation is remedied.
D.
The following performance standards shall be met and maintained by
all business uses after the effective date of this chapter:
(1)
Noise. At no point on the boundary of any business or transitional
district with a residential district line or beyond shall the sound
pressure level of any individual business operation or plant exceed
the decibel levels in the designated octave bands shown in the following
table:
|
Octave Band
|
Sound Level
At or Beyond Residential District Line
| |
|---|---|---|
|
(Frequency in Cycles Per Second)
|
(decibels)
| |
|
0 to 75
|
72
| |
|
75 to 150
|
67
| |
|
150 to 300
|
59
| |
|
300 to 600
|
52
| |
|
600 to 1,200
|
46
| |
|
1,200 to 2,400
|
40
| |
|
2,400 to 4,800
|
34
| |
|
4,800 to 10,000
|
32
|
|
These standards also apply to truck or vehicle noise on residential
roads between the hours of 10:00 p.m. and 7:00 a.m.
|
(2)
Vibration. At no point at a residential district boundary or beyond
shall any vibration emanating from an individual operation or point
be discernible without the use of instruments.
(3)
Glare. Any business operation or activity producing glare shall be
performed within a completely enclosed building and be conducted so
that direct and indirect illumination from the source of light on
the lot shall not cause illumination in excess of 1/2 footcandle when
measured at a residential district boundary line. Exposed sources
of light shall be shielded and flickering or intense sources of light
shall be controlled so as not to cause illumination in excess of 1/2
footcandle when measured at a residential district line.
(4)
Heat. Any operation producing intense heat shall be performed within
a completely enclosed building in such a manner as not to create a
public nuisance or hazard at the residential district boundary or
beyond.
(5)
Electrical disturbance. The proposed use shall not cause any electrical
disturbance that would create visual or audible interference in radio
or television reception off the premises.
(6)
Fire protection. Fire-protection and -fighting equipment acceptable
to the Board of Fire Underwriters shall be readily available when
any activity involving the handling or storage of flammable or explosive
materials is carried on.
(7)
Air and water pollution. The applicant shall demonstrate compliance
with all applicable standards and regulations of the U.S. Environmental
Protection Agency and the PA Department of Environmental Protection
and the PA Bureau of Labor and Industry concerning allowable air emissions,
disposal of wastewater and solid waste and control and safe disposal
of hazardous materials. In monitoring the applicant's compliance
with these standards, the Borough will rely on the PA Department of
Environmental Protection to investigate potential violations and take
enforcement action, if necessary.
(8)
Radioactivity. No activity shall be permitted which emits radioactivity
off the premises. Applicable federal regulations shall be complied
with.
(9)
Dust control. Dust and other airborne particulate pollution from
such sources as storage areas, yards, roads, construction sites or
operations shall be minimized at all times through landscaping, paving,
fencing, or other effective means.
(10)
Screening. The Borough reserves the right to require screening
by solid fencing and/or walls or other means at appropriate heights
and distances should there be a need for aesthetic or function screening
from adjacent residential districts.
[Added 8-7-2015 by Ord. No. 01-2015]
A.
Any semitrailers used as permanent storage facilities are subject
to the following requirements:
(1)
Such a semitrailer shall have the tires and wheels removed and
shall be supported in a level position by a minimum of three pile-type
piers on each side, totaling six pile-type piers, from ground level
to frame. The landing gear is not to be used to support the trailer.
(2)
Any sign, lettering, or advertising logos are to be removed.
(3)
A skirting of a stockade-type fence or equivalent shall be placed
completely around the perimeter from ground level to the bottom of
the trailer, concealing the undercarriage from view.
(4)
At initial placement, the trailer and fence skirting shall be
painted white or in such other neutral or natural color.
(5)
Such a semitrailer shall be deemed a "structure" as the term is defined in § 280-62 and shall be subject to regulations governing structures generally.
(6)
Such a semitrailer must be accessory to a principal building
or structure on the lot.
(7)
Such a semitrailer shall comply with all yard setback, height
and buffer yard regulations in this chapter as apply to the lot's
zoning classification.
(8)
Such a semitrailer shall comply with all regulations governing
maximum coverage of lot area by buildings and structures. Such semitrailer
shall be included in calculating such lot coverage.
B.
Any trailer that does not conform to the above requirements must
be removed from the Borough.
[Added 8-7-2015 by Ord. No. 01-2015]
A.
Temporary storage facilities are subject to the following requirements:
(1)
No such facility shall be authorized or allowed upon a lot unless
a temporary permit therefor has been issued by the Borough. Permits
shall be issued only where this section is complied with and is thereafter
complied with in all respects.
(2)
Such a facility shall be deemed a "structure" as the term is defined in § 280-62 and shall be subject to regulations governing structures generally.
(3)
Such facility must be accessory to a principal building or structure
on the lot.
(4)
Such facility shall comply with all yard setback, height and
buffer yard regulations in this chapter as apply to the lot's
zoning classification.
(5)
Such a facility shall comply with all regulations governing
maximum coverage of lot area by buildings and structures. Temporary
storage facilities shall be included in calculating such lot coverage.
(6)
Such facility shall be located upon the lot only as shown on
the application for permit and as approved by the Zoning Administrator.
(7)
When a permit for such facility is requested, the applicant
must submit to the Borough in writing a schedule and deadline for
removal of the facility and the reason such storage facility is required.
Any permit issued shall be expressly conditioned upon such deadline,
reason and all other information on the application.
(8)
Temporary storage facilities shall not be authorized as a substitute
for construction of a building or other structure to serve permanent
or long-term needs of the owner or occupant of the property.
(9)
All temporary storage facilities shall be kept by the applicant
in good order and repair. Such facilities shall be painted white or
in such other neutral or natural color. No advertising is allowed
on the container, aside from the name, logo and telephone number of
the container's provider in a space not larger than three feet
in height and a length not greater than 80% of the container's
length.
(10)
All temporary storage facilities shall be located to the rear
yard of the lot, provided:
(a)
In the event of fire or other casualty restoration work to a
residence, a container shall be allowed so long as the container is
removed within seven days and is located behind the building line
if possible and, if not, so as to not obstruct or hinder traffic in
any way.
(b)
If authorized container, because of physical conditions, cannot
be located in the rear yard of a building in a B-2 Business District,
such container shall be located in the side yard and behind the building
line.
(11)
Submission of false information in an application for permit
or the placement of a temporary storage facility on a lot in violation
of the permit or of this chapter shall constitute just cause for immediate
revocation of the permit, which shall require immediate removal of
the unit.
(12)
Such facility shall be authorized by permit only for a period
not to exceed 30 days in any calendar year. A permit may be renewed
for an additional period of 30 days upon proper application to and
approval by the Zoning Administrator. A maximum of one renewal is
authorized in residential and transitional zoning districts, and a
maximum of two renewals is authorized in business zoning districts.
B.
Temporary storage facilities shall not be authorized upon any lot
unless a temporary permit therefor has first been issued by the Zoning
Administrator. Requirements governing application for and issuance
of temporary permits shall include:
(1)
The applicant shall submit to the Zoning Administrator, on forms
adopted by the Borough, an application for temporary permit.
(2)
Such application shall include a location map, which shall set
forth the specific dimensions of the lot and dimensions and location
of existing buildings and structures and of the proposed temporary
storage facility. The applicant shall be responsible for preparing
such location map and for the accuracy of information set forth therein.
If the applicant is not the owner of the property, the owner shall
join in the application.
(3)
Such application shall identify the property's common address
and Erie County Tax Index Number, the record owner(s) of the lot,
the lessee or other occupant of the lot (if applicable), the applicant
and the address of applicant, the specific intended purpose of the
facility, the date(s) proposed for placement and removal of the facility,
the firm from which the facility is being rented or acquired and such
other information as the Borough by resolution shall require. The
Zoning Administrator shall not be authorized to issue any permit unless
all required information has been provided by the applicant.
(4)
Such application shall identify the location and zoning classification
of lots adjacent to that portion of the subject lot upon which a temporary
storage facility is proposed to be placed.
(5)
The applicant shall tender payment of the application fee as
established by the Borough and, prior to issuance of any temporary
permit, shall also tender to the Zoning Administrator a letter of
credit, cash or check in that sum established by resolution adopted
by the Borough per storage container, naming Waterford Borough as
beneficiary or payee and issued as the applicant's security for
the timely and proper removal of the temporary storage facility upon
expiration of the permit.
(6)
A temporary storage facility authorized by a permit shall be
removed on or before the expiration date of such permit, without any
further notice of the Borough being required.
(7)
No temporary permit shall be presumed to be renewed, nor shall
any renewal be effective, prior to the date on which the applicant
applies for and receives from the Zoning Administrator a renewal permit
pursuant to procedures and upon paying renewal application fees as
are established by resolution of the Borough.
(8)
An applicant's failure to apply for a renewal of a temporary
permit prior to the expiration date of the permit shall terminate
any right to a renewal, and the applicant shall remove the facility
immediately upon expiration of the temporary permit. In this event,
no second temporary permit shall be authorized in the same calendar
year in which the initial permit was issued.
C.
Any person or firm which is engaged in the business of renting or
otherwise providing temporary storage facilities to persons owning
or occupying property in Waterford Borough shall register with the
Zoning Administrator within 30 days after the effective date of this
section or, if later, within 30 days after commencing such operations.
(1)
There shall be no fee imposed for registration.
(2)
Persons or firms registering with Waterford Borough shall submit
to the Zoning Administrator the following information:
(a)
Such person's or firm's name, business address and
business telephone number; and
(b)
A list of all temporary storage facilities leased or otherwise
provided to owners or occupants of property in Waterford Borough,
this list to include the name of the lessee or recipient of the facility,
the address at which the facility was placed and a description of
the facility (type, size and color).
(3)
Such information shall be updated monthly as of the 10th day
of each month, updated information to set forth information as to
activity relating to properties in Waterford Borough during the previous
calendar month.
(4)
Persons engaged in leasing or otherwise providing temporary
storage facilities to persons for use on properties in Waterford Borough
shall paint or cause such facilities to be painted and maintained
in the manner as required by resolution of the Borough.
(5)
Failure to comply with the requirements of this section shall
constitute a violation of this chapter and subject the violator to
such penalties as are prescribed for violation of this chapter.
D.
Regulations of this section shall be administered and enforced generally in accordance with the provisions of § 280-49, except as specifically provided otherwise in this section.
(1)
Any person or entity which, prior to the date of enactment of
this section, shall have placed or caused to be placed on property
in Waterford Borough a temporary storage facility shall, not later
than 30 days after the effective date of this section, apply to the
Zoning Administrator for a temporary permit for all existing temporary
storage facilities and comply with all regulations of this section.
All regulations of this section shall apply to pre-existing temporary
storage facilities 30 days after the effective date of this section.
After that date, all such facilities existing on properties in the
Borough without a temporary permit having been issued therefor shall
be unlawful.
(2)
If any person fails to remove a temporary storage facility by
the expiration date of a temporary permit or any issued renewal thereof,
Waterford Borough shall be entitled to immediately notify the applicant
and any applicable issuer of a letter of credit of default and violation,
and to exercise full rights against the applicant's cash deposit
or letter of credit to its full amount or actual costs of removing
the said temporary storage facility. Where practicable, the Zoning
Administrator shall request the person or firm who leased the facility
to remove and recover the same, and the Borough shall pay invoiced
costs for such removal, plus all personnel and other expense incurred
by the Borough due to the violation, from the applicant's financial
security. The balance of such security remaining after such payment,
if any, shall be refunded to the applicant or to the issuer of the
letter of credit.
(3)
Upon any revocation of an issued permit or renewal thereof, the Borough shall give the applicant notice to remove such facility within 10 days after date of such notice and, should the applicant fail to do so, the Borough shall be entitled to proceed in accordance with Subsection D(2), above.
(4)
Any costs, including costs of enforcement or abatement, incurred
by the Borough which are not recovered from an applicant's financial
security shall be recovered either as a municipal claim under 53 P.S.
§ 7101 et seq. or by a civil action, at the Borough's
sole election.
[Added 9-13-2015 by Ord. No. 02-2015]
A.
It is the intent of this section to prohibit the placement of any
shipping container or trailer as an accessory building, storage building,
or living unit anywhere in the Borough. This limitation is to protect
the public health and safety of the residents of the Borough because
such shipping containers and trailers are not manufactured for storage
or living.
B.
It shall be unlawful for any person or entity to use any shipping
container or trailer as an accessory building, storage facility, or
living unit.
C.
This section shall apply to all shipping containers and trailers
manufactured with or without axles and wheels.
D.
Violation of this section shall be deemed a misdemeanor and upon
conviction thereof shall be punishable by a fine not less than $25
for more than $500 for each violation. Each day of noncompliance shall
be deemed a separate violation.
