Borough of Waterford, PA
Erie County
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Table of Contents
Table of Contents
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:
(1) 
No sign shall exceed the height of the building wherein the use is housed or 30 feet, whichever is greater.
(2) 
No sign shall extend to more than one foot within the curbline, and no support within sidewalks.
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. 
Apartment buildings, condominiums and townhouses are considered unit building(s) regardless of ownership, rental or lease status and the standards governing development of each within the R-2 and T Districts shall be the same as is prescribed for multifamily units in § 280-19 of this chapter.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
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:
A. 
All district requirements (§§ 280-19 and 280-20) shall be met, as well as any other pertinent supplementary regulations of this chapter.
B. 
All PA Department of Labor and Industry standards shall be complied with, accompanied by an approved plan by said agency.
C. 
There shall be two entrances for each unit for potential emergency situations.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
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.
B. 
All basic standards of §§ 280-19 and 280-20 shall be met.
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:
A. 
All basic development standards of §§ 280-19 and 280-20 shall be met for single-family detached dwellings.
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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[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.