Borough of Summit Hill, PA Supplementary Use Regulations

Any lawful use of any dwelling, building, structure or lot existing at the effective date of this chapter may be continued even though such use does not conform to the provisions of this chapter, except as otherwise provided.

A certificate of nonconformance may be issued by the Zoning Officer for all structures, lots and uses which do not conform to the provisions of this chapter and shall provide the reasons why they are identified as nonconformities. The Zoning Officer may maintain a map and register showing the registration, identity, and location of nonconforming structures, lots, and uses which may be reviewed periodically to determine that they do not expand beyond the limitations prescribed in this chapter.

Change of use. The Zoning Hearing Board may grant a special exception for a change from one nonconforming use to another nonconforming use if it finds that all of the following standards are met: no structural alterations are made; the proposed change will be less objectionable in external effects than the previous nonconforming use and will be more consistent physically with its surroundings; no increases in traffic generation or congestion, including both vehicular and pedestrian traffic, will result from the change; no glare, vibration, or electrical disturbances will result from the change; and no increased threat to health by reason of rodent infestation or otherwise will result from the change.

Extension of use. The Zoning Hearing Board may grant a special exception for and extension of a nonconforming use if it finds that all of the following standards are met: the yard and coverage requirements for the district in which it is located are not violated; all off-street parking and loading requirements applicable to the use are retained; no more than one enlargement of a nonconforming use or structure is made; and the extension is not more than 33% of the floor or land area as it existed at the time the structure or use first became nonconforming.

Abandonment of use. If a nonconforming structure or use is abandoned for a continuous period of one year, it shall not again be used except in conformity with the regulations of the district in which it is located.

Structures condemned. A nonconforming structure which has been legally condemned shall not be rebuilt or used except in accordance with the provisions of this chapter.

Restoration of structure or use:

A nonconforming building or other structure which has been damaged or destroyed by fire, explosion, windstorm, flood or other similar active cause to the extent of more than 60% of its reproduction value at the time of the damage shall not be restored except in conformity with the regulations of the district in which it is located.

When damage is less than 60% of its reproduction value, a nonconforming building or other structure may be repaired reconstructed and used as before the time of damage, provided such repairs or reconstruction are completed within one year of the date of such damage.

For residential structures nonconforming only as to yard spaces, in districts where residences are permitted and where most of the residential structures nearby are similarly nonconforming, the structures may be rebuilt similar to the yard spaces of the adjoining lots or of the majority of the lots in the particular area.

The determination of the extent of damage in terms of percent replacement value due to damage or destruction shall be made by averaging three estimates made by two certified appraisers appointed by the Borough and one insurance adjuster. The cost of such appraisals shall be borne by the property owner of the affected property.

Nonconforming use of open land. All nonconforming signs, billboards, junk storage areas, storage areas, and similar nonconforming use of open land, when discontinued for a period of 90 days or damaged to an extent of 60% or more of replacement costs, shall not be continued, repaired or reconstructed.

§ 475-21 Off-street parking and loading.

Size of off-street parking spaces. Each off-street parking space shall have an area of not less than 200 square feet and have dimensions of 10 feet in width and 20 feet in depth, exclusive of access drives or aisles. All such spaces shall be kept in usable shape and condition. Except in cases of dwellings, no parking area shall contain fewer than three spaces. Open parking areas shall be calculated as yard area.

Garages and carports. A garage or carport may be located wholly or partly inside the walls of the principal building, attached to the outer walls of the principal building, or completely separated from the principal building. If connected to the principal building, it shall be considered part of the principal building in calculating yard requirements. If separated from the principal building, it shall be considered an accessory building.

Location of parking spaces:

Required parking spaces shall be located either:

On the same lot as the use to which they are accessory; or

On another lot zoned the same, under the same ownership, and within 400 feet to the boundary of the property of the principal use.

If the spaces are on another lot, such spaces shall be subject to deed restrictions filed in the county office of the Recorder of Deeds, binding the owner of such lot and his heirs or assigns to maintain the required number of spaces throughout the life of such use.

Commercial vehicles in residential areas. Only one commercial vehicle may be kept on any lot used for residential purposes in a residential district.

Size of off-street loading spaces. Each off-street loading space shall be a minimum of 70 feet in length, 12 feet in width, and have an overhead clearance of at least 14 feet.

Access to off-street parking and loading areas. There shall be adequate ingress and egress to all parking and loading areas. There shall be provided an access drive leading to the parking or storage areas or loading spaces. Such access drive shall be not less than 10 feet in width in the case of a dwelling and not less than 20 feet in width in all other cases and shall not exceed 40 feet in width. Access to off-street parking and loading areas shall be limited to several well-defined, separate or common access points which shall comply with the following:

Access drives shall not open upon any right-of-way within 60 feet of the nearest right-of-way line of any intersecting street of highway.

Access drives shall not open upon any right-of-way where the sight distance in either direction along the thoroughfare would be less than 500 feet when the posted speed limit is 35 miles per hour or more; however, when the posted speed limit is less than 35 miles per hour, the sight distance requirement may be reduced to 250 feet.

In no case shall there be unrestricted access along the length of a street or alley.

Parking lot screening and landscaping. The purposes for providing such landscaping are: to protect the public safety, to allow precipitation to return to the underground aquifers, to provide for natural drainage and, hence, flood protection, to reduce the level of carbon dioxide and to return oxygen to the air, to provide shade and reduce the blighting effects of parking lots, to preserve property values of adjacent properties, and to improve the appearance of the community.

Off-street parking areas for more than five vehicles and all off-street loading areas shall be effectively screened by a planting strip at least five feet in depth along all abutting property lines. The planting strip shall include a solid wall or a substantial, attractive, tight fence, and evergreen hedges a minimum of five feet in height, and shrubbery, vines, flowers, grass, and other foliage. The evergreens shall be of such height at the time of planting that they will attain a height of five feet within five years.

A planting strip at least 10 feet in depth shall be located between the parking lot and abutting right-of-way except for accessways crossing the strip. Such a strip shall contain one shade tree for each 40 linear feet of the strip, and no tree shall be less than eight feet in height at the time of planting. The planting strip shall also contain shrubbery, vines, flowers, grass and other foliage.

The interior area of a parking lot, in addition to all border planting strips, shall contain planting areas dispersed throughout with not less than 5% of such interior area in landscaping. Such planting areas shall contain shade trees, with no tree less than eight feet in height at the time of planting. The planting strip shall also contain shrubbery, vines, flowers, grass and other foliage.

All screening and landscaping areas shall be maintained in good condition, free of paper and rubbish, and free from all advertising signs. All trees, shrubbery and other landscaping materials shall be maintained in a healthy and growing condition, with dead material replaced as necessary.

Any parking lot or loading area which qualifies as a nonconforming use upon enactment of this chapter shall comply with the requirements for screening and landscaping upon any enlargement, extension, reconstruction or structural alteration.

Parking lot lighting. Any lighting used to illuminate off-street parking or loading areas shall be arranged so as to reflect the light away from adjoining premises and public right-of-way.

Parking spaces required. Any structure or building hereafter erected, converted, or enlarged for any of the following uses, or any open area hereafter used for commercial or industrial purposes shall be provided with not less than the minimum spaces, as set forth below in Table III, and such spaces shall be readily accessible to the uses served thereby.

Type of Use		Number of Spaces Required
Residential Uses
1.	Single-family houses and mobile homes, two-family houses, multifamily houses, townhouses and low-rise apartments, multifamily homes
2.	Dwelling above or in combination with a commercial establishment	1 per commercial establishment
3.	Rooming houses or boardinghouses	1 per guest room 2 for manager
4.	Dormitories and group living facilities	1 space per 5 residents 1 space per employee
Public and Semipublic Uses
1.	Places for worship and cemetery chapels school auditoriums, stadium, assembly or meeting rooms, etc.
2.	Elementary and secondary public and parochial schools
3.	Social halls, clubs and lodges	1 space per 100 square feet of floor area
4.	Nursing and convalescent homes	1 space per 3 beds 1 space per employee
5.	Clinic and medical, osteopathic, chiropractor or dental offices	5 patient spaces per doctor 1 space per employee
6.	Commercial schools (art, music, etc.)	1 space per 5 classroom seats
7.	Nursery and day-care centers	1 space per employee; 1 off-street loading space per 6 children cared for at center
8.	Community centers, municipal administration buildings, fire halls and library	1 space per 100 square feet of public floor area
9.	Public utility buildings and structures	2 spaces per facility
Commercial Uses
1.	Retail stores or shops	1 space per 200 square feet of floor sales space, and 1 per employee
2.	Supermarkets, grocery stores, mini-marts and dairy stores	1 space per 200 square feet of floor sales space 1 per employee
3.	Shopping centers	1 space per 350 square feet of gross floor area
4.	Eating and drinking establishments	1 space per 2 1/2 seats 1 per employee
5.	Drive-in and fast-food restaurants	1 space per 50 square feet floor area 1 per employee
6.	Bowling alleys	5 spaces per pair of lanes 1 per employee
7.	Skating rinks	1 space per 100 square feet of skating area 1 per employee
8.	Billiard and pool rooms	2 spaces per billiard table; 1 per employee
9.	Golf driving ranges	1 space per tee 1 space per employee
10.	Miniature golf ranges	1 space per hole 1 space per employee
11.	Golf courses	6 spaces per hole 1 space per employee
12.	Animal hospitals	5 spaces per vet; 1 per employee
13.	Animal kennels	1 space per 3 kennel runs 1 per employee
14.	Office buildings, professional offices and banks	1 space per 100 square feet of floor area
15.	Model homes and model apartments	5 spaces for patrons
16.	Funeral homes and crematories	15 spaces per viewing parlor 1 per employee
17.	Motels and hotels	1 space per guest room; 1 per manager; 1 per employee (see also restaurants)
18.	Tourist homes	1 space per guest room 1 per manager 1 per employee (see also restaurants)
19.	Barbershops and beauty shops	2 spaces per shop, plus 2 per chair 1 per employee
20.	Self-service dry cleaning and laundromats	1 space per 2 washing, drying, cleaning machine
21.	Home occupations	2 spaces per dwelling unit; 1 space per nonresident employee
22.	Appliance repair, shoe repair, tailoring and dressmaking shops	1 space per 200 square feet of interior
23.	Vehicular sales, body repair, and service garage	1 exterior space per 200 square feet of interior floor area 1 per employee
24.	Gasoline service station and car wash	1 space per employee
25.	Other commercial buildings	1 space per 300 square feet of floor area
Industrial Uses
1.	Industrial, wholesale, warehouses, truck terminals manufacturing plants, research and testing labs, etc.	1 space per 2 employees on maximum shift, plus 1 space per 1,000 square feet of gross floor area

§ 475-22 Swimming pools (private).

Private swimming pools in districts where permitted shall comply with the following conditions and requirements:

The pool shall be intended and shall be used solely for the enjoyment of the occupants and their guests of the principal use of the property on which it is located.

The pool shall be located in either the rear or side yard of the property on which it is an accessory use.

The pool, including any walks or paved areas or accessory structure adjacent thereto, shall not be located closer than two feet to any property line of the property on which it is located.

Fences, barriers and gates for swimming pools shall comply with the applicable requirements of the Uniform Construction Code.[1]

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Editor's Note: Original Subsection E, regarding repair or replacement of fencing, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 475-23 Signs.

Signs may be erected and maintained only when in compliance with the provisions of this article and any and all other ordinances and regulations relating to the erection, alteration, or maintenance of signs and similar devices. Signs shall comply with both the regulations for the district in which they are located and the regulations generally pertaining to signs.

General regulations.

Signs shall be constructed of durable material, maintained in good condition, and not allowed to become dilapidated.

No sign shall be placed in such a position that it will cause danger to traffic on a street by obscuring the sight distance or by causing confusion with traffic signs or signals.

No sign, other than an official traffic sign, shall be erected within the right-of-way lines of any street, unless authorized by municipal officials for a special purpose.

Overhead signs shall be at least nine feet high measured from the ground or pavement to the bottom most part of the sign.

No sign shall exceed 20 feet in height in any residential district, and no sign shall exceed 30 feet in height being measured from the ground to the upper most part of the sign.

Permits shall be required for the erection or alteration of any sign.

Advertising painted upon or displayed upon a building, structure or wall shall be regarded as an outdoor advertising sign, and the regulations pertaining thereto shall apply unless the sign applies to services or products sold on the premises.

Each sign shall be removed by the property owner within 15 days after the circumstances leading to its erection no longer apply.

No animated, sequential, flashing, or oscillating signs shall be permitted in any district. Any sign by reason of its intensity, color, location, or movement that may interfere with traffic lights, signals or other controls, or abrogate public safety shall not be permitted in any district.

Signs which emit objectionable or excessive noise created by electric current or air movement shall not be permitted.

Signs for which illumination is permitted shall have the light confined to the surface of the sign an directed so as to avoid glare or reflection which could endanger highway or street traffic and which could create a nuisance for adjacent land uses.

(12)

Signs surfaces shall include the entire face or faces and, if composed of individual letters, figures, or designs, the space between and around such letters, figures, or designs, but should not include the supports.

(13)

A temporary sign made of paper, cardboard, or similar material and intended to attract public attention shall not be attached to any lamp post, utility pole, shade trees in the public right-of-way, or public structure or building except as authorized by permit from the Zoning Officer. Such signs shall include political posters and notices of bazaars, picnics, and other such functions conducted by charitable and nonprofit groups. When such signs are permitted, they shall not be posted sooner than 45 days before the date of the event advertised, and they shall not remain posted for more than 10 days after the date of the event is advertised.

(14)

In all districts, only those residential signs and commercial and industrial identification signs referring directly to services provided or materials or products made, sold or displayed on the premises shall be permitted, excepted as otherwise noted. Such signs shall comply with all other requirements, as stated herein, for the district in which they are erected.

Signs in residential districts.

"For sale" and "for rent" signs relating to the premises on which they are erected may be erected and maintained, provided:

The size of such sign is not in excess of six square feet;

Not more than one such sign is placed upon any property in single an separate ownership, unless such property fronts upon more than one street, in which case one such sign may be erected on each frontage; and

The signs shall be set back at least 10 feet from any public or private street right-of-way line.

Land development and model homes signs indicating the direction to the site or model available for inspection, but not erected upon such premises, may be erected and maintained, provided:

The size of any such sign shall not be in excess of six square feet and not in excess of four feet in length;

Not more than one such sign shall be erected on each 500 feet of street frontage;

The signs shall be set back at least 10 feet from any public or private street right-of-way line; and

The sign shall contain thereon the name of the owner, developer, builder or agent.

"Lots for sale" signs may be erected and maintained in the subdivision in which the sign is to be located, provided:

The size of the sign shall not be in excess of 60 square feet in area;

Not more than one such sign shall be erected in any subdivision; and

The sign shall be set back at least 35 feet from any public or private right-of-way line.

"Sold" or "rented" signs with the name of the persons effecting the sale or rental may be erected and maintained, provided the conditions in Subsection B(1) above are complied with.

Signs of contractors, mechanics, painters and artisans may be erected and maintained on the premises during the time the work is being performed on the premises, provided:

The size of the sign shall not be in excess of 12 square feet; and

Not more than one such sign shall be allowed on any property; and

All such signs shall be removed within 15 days of completion of work.

Trespassing signs and signs indicating private ownership of a driveway or property may be erected and maintained on the property to which they refer, provided:

The size of any signs shall not exceed two square feet; and

Signs shall be spaced at intervals of not less than 50 feet of street frontage.

Identification signs for schools, places of worship, clinics, day-care centers, or institutions of a similar nature may be erected and maintained, provided:

The size of any such sign shall not be in excess of 40 square feet;

Not more than one such sign shall be placed on a property in single and separate ownership, unless such property fronts upon more than one street, in which case one such sign may be erected on each frontage; and

The signs shall be set back at least 10 feet from any public or private street right-of-way.

Signs indicating professional offices or home occupations of the occupants of dwellings may be erected and maintained, provided:

The size of any such sign shall not be in excess of four square feet;

Such sign shall be limited to one sign per dwelling;

The sign may contain thereon the name, occupation, address, logotype and trade mark of the office or occupation; and

The sign shall be set back at least 10 feet from any public or private street right-of-way line.

Official traffic or street name signs may be erected only by or with the written approval of the municipal officials.

Public utility and municipal government signs necessary for the identification, operation or protection of their facilities and uses may be erected an maintained, provided:

The size of the sign shall not be in excess of 32 square feet;

The sign shall be loaded on the same premises as the use to which it refers; and

The sign shall be set back at least 10 feet from any public or private street right-of-way line.

Signs indicating the residents' name or house or lot number, or the name of the premises itself, may be erected and maintained, provided:

The size of the sign shall not be in excess of two square feet;

Not more than one such sign shall be placed on any single residence; and

The sign shall be set back at least 10 feet from any public or private street right-of-way line.

(12)

Temporary signs shall be permitted as provided for in Subsection A(13) above.

Signs in commercial and industrial districts.

Any sign permitted in any residential district shall also be permitted in any commercial and industrial district.

Signs in commercial and industrial districts may be erected and maintained, provided:

The sign shall be on the same premises to which it refers (except for outdoor advertising signs);

The size of any such sign shall not exceed 64 square feet;

Not more than one such sign shall be erected on any one street frontage of the lot on which the activity is located;

The sign shall be set back at least 15 feet from any public or private street right-of-way line; and

Each business or industry located on one lot or in one building may have its own identification sign, provided such sign is attached to the building in which the activity is located and is no larger than eight square feet.

Shopping center signs shall be permitted, with each such center having one sign indicating the name of the center and establishments located therein, in addition to signs permitted for individual establishments, provided:

Such signs shall not exceed 150 square feet per face;

Such sign shall not be located within 100 feet of any existing principal building on an adjoining residential premises;

The sign shall be set back at least 15 feet from any public or private street right-of-way line; and

Each establishment located in the shopping center may have its own identification sign, provided such sign is attached to the building in which the activity is located and is no larger than 35 square feet.

Signs within display windows shall not be considered a part of the permitted sign area unless such signs are illuminated, in which case the area shall be considered part of the permitted sign area.

§ 475-24 Principal building and uses.

In any "R" Residential District, no lot used for a residential purpose shall contain more than one principal building or use.

§ 475-25 Telecommunications.

[Added 12-10-2001 by Ord. No. 7-2001]

The purposes of this section are as follows:

To provide for the appropriate location and development of communication towers, antennas, equipment, buildings and other related facilities to the Borough of Summit Hill;

To accommodate the need for communication towers, antennas, equipment, buildings and related facilities while regulating their location and numbers in the municipality;

To minimize adverse visual effects of communication towers, antennas, equipment, buildings and related facilities through proper design, siting, landscaping and screening;

To avoid potential damage to adjacent properties from tower and antennas support structure failure and falling ice or other problems, through engineering and proper siting of tower, antennas and support structures;

To encourage the joint use of any new communication towers so as to minimize the number of such towers needed in the future throughout the municipality;

To protect the safety and welfare of the residents of the municipality; and

To implement certain recommendations of the Borough and County Planning Commissions and Planning and Zoning Consultant, and Community Programs, Inc., regarding the subject matter of this section.

Regulations governing communication antennas communication equipment buildings and related facilities.

Building-mounted communications antennas shall not be located on any single-family dwelling or two-family dwelling.

Building-mounted communications antennas may be permitted to exceed the height limitations by no more than 20 feet.

Omnidirectional or wrap communications antennas shall not exceed 20 feet in height and seven inches in diameter.

Directional or panel communication antennas shall not exceed five feet in height and three feet in width.

Any applicant proposing communications antennas to be mounted on a building or other structure shall submit evidence from a Pennsylvania registered professional engineer certifying that the proposed installation will not exceed the structural capacity of the building or other structure, considering wind, ice and snow and other loads associated with antenna location.

Any applicant proposing communications antennas to be mounted on a building or other structure shall submit detailed construction and elevation drawings indicating how the antennas will be mounted on the structure for review by the Borough Engineer.

Any applicant proposing communications antennas to be mounted on a building or other structure shall submit evidence of agreements and/or easements necessary to provide access to the building or structure on which the antennas are to be mounted so that installation and maintenance of the antennas and communications equipment building can be accomplished.

Communications antennas shall comply with all applicable standards established by the Federal Communications Commission, governing human exposure to electromagnetic radiation.

Communications antennas shall not cause radio frequency interference with other communications facilities located in the Borough.

A communications equipment building shall be subject to the height and setback requirements of an applicable Zoning District.

The owner or operator of communications antennas shall be licensed by the Federal Communications Commission to operate such antennas and must provide a copy of their FCC license upon application.

Standards of approval of special exception for communication towers. The requirements set forth in this section shall govern the location and construction of all towers and the installation of all antennas governed by this chapter:

Building code safety standards.

To ensure the structural integrity of communication towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable local building codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. Tower owners shall conduct periodic inspections of the communication tower at least once every two years to ensure structural integrity. A structural engineer licensed to practice in Pennsylvania shall conduct inspections. The results of such inspection shall be provided to the municipality, which in turn will submit the results to the Borough Engineer for further review and comment.

In the case of a freestanding communication tower structure, the applicant shall submit certification from a registered engineer that the tower structure and its method of installation have been designed by a registered engineer and is certified by that registered engineer to be structurally sound and able to withstand wind and other loads in accordance with accepted engineering practice.

In the case of a proposed mounting of antennas on an alternative tower structure rather than the construction of a freestanding tower structure, the applicant shall submit certification from a structural engineer that the structural capacity of an existing building or structure on which an antenna is proposed to be mounted is adequate to withstand wind and other loads associated with the antenna's location.

The applicant shall demonstrate that the proposed antenna and any tower structure are safe and that surrounding areas will not be negatively affected by tower structure failure, falling ice or other debris, electromagnetic fields or radio frequency interference.

All guy wires and guyed towers shall be clearly marked so as to be visible at all times.

Regulatory compliance/other compliance.

All towers and antennas must meet or exceed current standards and regulations of the FAA, including but not limited to standards for marking and lighting requirements of obstructions to air navigation as set forth within the most recent addition of advisory circular AC 70/7460-1H, the FCC, and all applicable standards of the American National Standards Institute, ANSI/EIA-222-E Manual, and any other agency of the state or federal government with the authority to regulate communication towers and antennas. If such standards and regulations are changed, then the owners of the communications towers and antennas governed by this chapter shall bring such communications towers and antennas into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a more stringent compliance schedule is mandated by the controlling state or federal agency.

Tower owners shall provide documentation showing that each communication tower is in compliance with all federal and state requirements. Evidence of compliance must be submitted upon initial applications and January 1 of each subsequent year.

All applicants and owners must comply with all applicable county or Borough subdivision and land development ordinances and regulations.[1] All applications must be submitted for review to the Summit Hill Planning Commission and recommendations shall be made by the Summit Hill Planning Commission on that application within 30 days of that submission.

Editor's Note: See Ch. 430, Subdivision and Land Development.

Security.

Unless the communications tower or antennas is located on a building or alternative tower structure, the tower structure or the entire property on which the tower structure is located shall be completely enclosed by a eight-foot-high chain link security fence or similar fence with self-latching gate to limit accessibility to the general public.

All tower structures shall be fitted with anticlimbing devices as approved by the manufacturer for the type of installation proposed.

Lighting. No antenna or tower structure shall be illuminated, except as may be required by the Federal Aviation Administration (FAA) or the Federal Communications Commission (FCC), or other governmental agency having jurisdiction, in which case the Zoning Board may review the available lighting options and approve the design that would cause the least disturbance to the surrounding uses and views.

Signs of advertising. No sign or other structure shall be mounted on the tower structure or antennas, except as may be required and approved by the FCC, FAA or other governmental agency. No advertising is permitted on an antennas or tower, buildings or related or accessory structures.

Visual impact.

Tower structures and supporting antenna shall be painted silver or have a galvanized finish or painted green up to the height of adjacent trees in order to reduce visual impact as determined by the Summit Hill Zoning Hearing Board.

At a tower site, the design of the buildings or related structures shall, to the extent possible, use materials, colors, textures, screening and landscaping that will blend the tower facilities to the natural setting and built environment.

Any towers which are clustered at the same site shall be of similar height and design.

Towers shall be the minimum height necessary to provide parity with existing similar tower supported antennas and shall be freestanding where the negative visual effect is less than would be created by use of a guyed tower.

Landscaping. Landscaping shall be used to effectively screen the view of the tower compound from adjacent public ways, public property and residential property and shall be as follows:

Excluding points of access, a buffer area not less than 20 feet in width shall be provided around the fenced-in area of buildings or accessory structures related to the tower, consisting of either native vegetation or two staggered rows of evergreen trees planted 10 feet on center, maximum.

The buffer zone consisting of hedges is to be of a variety which can be expected to grow to form a continuous hedge at least five feet in height within two years of planting.

Trees and shrubs in the vicinity of guy wires shall be of a kind that would not exceed 20 feet in height or would not affect the stability of the guys, should they be uprooted, and shall not obscure visibility of the anchor from the transmission building or security facilities and staff/maintenance.

Native vegetation on the site shall be preserved to the greatest practical extent. The applicant shall provide a site plan showing existing significant vegetation to be removed and vegetation to be replanted to replace that lost.

In lieu of these standards, the Zoning Board may allow use of an alternate detailed plan and specifications for landscape and screening, including plantings, fences, walls, and other features designed to screen and buffer and accessory uses. The plan shall accomplish the same degree of screening achieved by the provisions above, except as lesser requirements are desirable for adequate visibility for security purposes and/or traffic purposes. In certain locations where the visual impact of the tower would be minimal, as may be the case in developed heavy industrial areas, the landscaping requirement may be reduced or waived by the Zoning Board.

Maintenance impacts.

Equipment at a transmission facility shall be automated to the greatest extent possible to reduce traffic and congestion where the site abuts or has access to a collector and local streets; access for maintenance vehicles shall be exclusively by means of the collector street.

If the communications facility is fully automated, adequate parking shall be provided for periodic visits by maintenance workers. If the communications facility is not fully automated, one parking space shall be provided for each employee on peak shift.

Principal, accessory and joint uses.

Accessory structures used in direct support of a tower shall be allowed but not be used for offices, vehicle storage or other outdoor storage. Mobile or immobile equipment not used in direct support of a tower facility shall not be stored or parked on the site of the tower, unless repairs to the tower are being made.

Joint use of a site is prohibited when a proposed or existing principal use includes the storage, distribution or sale of volatile, flammable, explosive or hazardous materials such as propane, gasoline, natural gas and dangerous chemicals.

Tower lot size, setbacks and separations.

The site shall be of a size and shape sufficient to provide an adequate setback from the base of the tower to any property line. To the extent this provision conflicts with Table II, "Bulk and Coverage Controls," of this chapter, this provision applies and supersedes the conflicting section.

Provide for an adequate vegetative, topographic or other buffer as required in Subsection C(7);

Preserve the privacy of surrounding residential property;

Protect adjoining property from the potential impact of tower failure (topple effect) by being large enough to accommodate such failure on the site, based on the engineer's analysis required in this chapter.

A site is presumed to be of sufficient size when it:

Meets the requirements of the above Subsection C(10)(a); and

Provides a setback distance to all property lines which is not less than the height of the tower except as provided in Subsection C(12), Distance from boundary lines of residential or developed lots.

For a guyed tower structure, the site shall be of a size and shape sufficient to provide a setback equal to at least the height of the tower from a guy anchor to any property line. A vegetative cover or other buffer sufficient to obscure view to the anchor from such adjoining properties shall be provided.

All structures and uses associated with the transmission use other than the transmission tower shall be located to meet the required setbacks in the zoning district in which the tower is to be located.

An antenna which is proposed to be mounted on an existing building or structure, other than an existing communications tower, shall not exceed the height of the building or structure by more than 10 feet, and the antennas and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antennas and related equipment as visually unobtrusive as possible.

Shared use. In order to reduce the number of antenna support structures needed in the Borough in the future, the proposed tower shall be designed and required to structurally and technologically accommodate the maximum number of additional users technically possible.

(12)

Distance from boundary lines of residential or developed lots. No structure shall be constructed within 1,500 feet from a property line of a residential or otherwise developed lot.

(13)

Miscellaneous.

The applicant is required to demonstrate, using technological evidence, that the tower/antenna must go where it is proposed, in order to satisfy its function in the company's grid system.

If the applicant proposes to build a tower for purposes of mounting antennas (as opposed to mounting an antenna on existing structure), the applicant must demonstrate that it contacted owners of tall structures within a 1/2 mile radius of the proposed site and that a good-faith effort was made to obtain permission to install the antenna on those structures but that permission was denied. This would include smokestacks, water towers, tall buildings, antenna support structures of other cellular phone companies, other communication towers (fire, police, etc.) and other tall structures and other alternative tower structures. The Zoning Board may deny the application to construct a new tower if the applicant has not made a good-faith effort to mount the antenna on an existing structures and that one or more of the following reasons for not selecting such structure apply:

The proposed antennas and related equipment would exceed the structural capacity of the existing structure, and its reinforcement cannot be accomplished at a reasonable cost.

The proposed antennas and related equipment would cause radio frequency interference with other existing equipment for that existing structure, and the interference cannot be prevented at a reasonable cost.

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

[4]

Addition of the proposed antennas and related equipment would result in electromagnetic radiation from such structure, exceeding applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation.

[5]

A commercially reasonable agreement could not be reached with the owners of such structures.

The applicant shall demonstrate that the tower and antennas are the minimum height required to function satisfactorily. No tower or antenna that is taller than this minimum height shall be approved.

Upon application and in January of each year, the operator shall provide verification to the Borough Zoning Officer that there have been no changes in the operating characteristics of the tower, antennas and facility as approved at the time of the special exception application, including, at a minimum:

Direction of the signal;

Frequency, modulation and class of service;

Transmission and maximum effective radiated power;

[4]

Manufacturer, type and model of antennas and equipment;

[5]

Height of the antenna and tower;

[6]

Number of antennas;

[7]

Name, address and emergency telephone number for the operator;

[8]

Copy of the current FCC license;

[9]

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 antenna/tower, equipment building and for other related facilities.

Communications towers shall comply with all applicable Federal Aviation Administration, Commonwealth Bureau of Aviation and applicable airport zoning regulations.

(f)

The applicant shall demonstrate that it is licensed by the Federal Communications Commission to operate a communications tower, if applicable, and communications antennas.

(g)

The applicant shall demonstrate that the proposed communications tower and communications antennas proposed to be mounted thereon comply with all applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation.

(h)

The applicant shall submit certification from a Pennsylvania registered professional engineer that a proposed communications tower will be designed and constructed in accordance with the current Structural Standards for Steel Antenna Towers and Antenna Supporting Structures, published by the Electrical Industrial Association/Telecommunications Industry Association and applicable requirements of the Summit Hill's Building Code.[2]

Editor's Note: See Ch. 172, Construction Codes, Uniform.

(i)

All guy wires associated with the guyed communications towers shall be clearly marked so as to be visible at all times and shall be located within a fenced enclosures.

(j)

The site of a communications tower shall be secured by a fence with a required height of eight feet (including any barbed/razor wire attached thereto) to limit accessibility by the general public.

(k)

The location of any communication tower and/or communications equipment building shall comply with all natural resource protection standards of any federal, state or local law, regulation or ordinance.

(l)

Towers and antennas shall be designed to withstand wind gusts of at least 100 miles per hour.

(m)

An antenna may not be located on a building or structure that is listed on an historic register or is in an historic district, if any district is hereafter established.

(n)

Access shall be provided to the communications tower and communications equipment building by means of a public street or easement to a public street. The easement shall be a minimum of 20 feet in width and shall be improved to a width of at least 10 feet with a dust-free, all-weather surface for its entire length.

(o)

A communications tower may be located on a lot occupied by other principal structures and may occupy a leased parcel within a lot meeting the minimum lot size requirements for the Zoning District, provided:

It will be designed so as to have minimal visual impact to the building or structure, utilizing techniques such as being the same color as the building or structure on which it is located.

The minimum setback from all other principal structures on the same lot shall be two feet for every one foot of height of the tower except for another tower.

(p)

Recording of a plat of subdivision or land development shall be required for a lease parcel on which a communications tower is proposed to be constructed, provided the communications equipment building is unmanned.

(q)

When an existing tower leases space on the tower to an additional user, the new entity shall obtain a zoning and building permit from the Borough Zoning Officer and shall be considered a permitted use by special exception subject to the requirements of this chapter.

(14)

Additional conditions. In granting a special exception permit for a tower or antennas or associated structures, the Zoning Board may impose additional conditions to the extent deemed necessary to buffer or otherwise minimize adverse effects of the proposed tower, antennas, equipment, buildings or related facilities on surrounding properties.

Application procedures.

An application for special exception permit for any communication tower or use of an alternate tower structure shall be made to the Zoning Board. An application will not be accepted or considered until it is completed including the requisite filing fee. A complete application must contain the following:

An inventory of the applicant's existing towers that are either within the jurisdiction of the municipality or within one mile of the border thereof, including specific information about the location, height, and design of each tower. The Zoning Board may share such information with other applicants applying for administrative approvals or special exception permits under this chapter or other organizations seeking to locate antennas or towers within the jurisdiction of the municipality; however, the Zoning Board is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.

Site plan or plans to scale specifying the location of tower(s), guy anchors (if any), antennas, equipment buildings and/or accessory structures or uses, access, parking, fences, landscaped areas, and adjacent land uses and all other items required in this chapter. The scale to be utilized to which the plans are to be drawn shall not be less than one inch equals 20 feet.

Landscape plan to scale indicating size, spacing and type of plantings required in this chapter.

Utilities inventory showing the locations of all water, sewage, drainage and power lines impacting the proposed tower site.

A certified statement prepared by an engineer licensed to practice in Pennsylvania that the construction of the tower, including reception and transmission functions, will not interfere with the usual and customary transmission or reception of radio, television, etc., service enjoyed by properties in the municipality.

(f)

A description of anticipated maintenance needs, including frequency of service, personnel needs, equipment needs, and traffic, noise and safety impacts of such maintenance.

(g)

Report from a professional structural engineer licensed in the State of Pennsylvania, documenting the following:

Tower height and design, including technical engineering, economic and other pertinent factors governing selection of the proposed design. A cross section of the tower structure shall be included.

Total anticipated capacity of the structure, including numbers and types of antennas which can be accommodated.

Evidence of structural integrity of the tower structure.

[4]

Failure characteristics of the tower and demonstration that site and setbacks are of adequate size to contain debris.

(h)

Written statements from the FAA, FCC and any appropriate state review authority stating that the proposed tower complies with regulations administered by that agency or that the tower is exempt from those regulations.

(i)

Letter of intent to lease excess space on the tower structure and to lease additional excess land on the tower site when the shared use potential of the tower is absorbed, if structurally and technically possible.

(j)

The applicant shall quantify the additional tower capacity anticipated, including the approximate number and types of antennas. The applicant shall also describe any limitations on the ability of the tower to accommodate other uses, e.g., radio frequency interference, mass height, frequency or other characteristics. The applicant shall describe the technical options available to overcome those limitations and reasons why the technical options considered were not chosen to be incorporated. The Zoning Board shall approve those limitations if they cannot be overcome by reasonable technical means.

(k)

Evidence of the lack of space on all suitable existing towers to locate the proposed antennas and of the lack of space on existing tower sites to construct a tower for the proposed antennas.

(l)

Each applicant must make a good-faith effort to substantially demonstrate that no existing or planned towers can accommodate the applicant's proposed antennas/transmitter as described below.

The applicant shall contact the owners of all existing or planned towers of a height roughly equal to or greater than the height of the tower proposed by the applicant. A list shall provide all owners contacted, the date of such contact and the form and content of such contact.

Such contact shall be made in a timely manner, that is, sufficiently before the filing of an application for a special exception permit to include a response from said owner(s) in the application when filed.

[a]

The Zoning Board shall maintain and provide, on request, records of responses from each owner.

[b]

Once an owner demonstrates antennas of the sort proposed by the applicant cannot be accommodated on the owner's tower, the owner need not be contacted by future applicants for antennas of the sort proposed.

(m)

Any other information which may be requested by the Zoning Board to fully evaluate and review the application and the potential impact of a proposed tower and/or antennas.

Any addition of an antennas or modification of an existing antennas, including but not limited to any increase in the power or direction of the signal, shall require submission of a new application for special exception approval in accordance with the provisions of this chapter.

Removal of antennas and towers falling out of compliance with standards for such facility. All towers and antennas shall be maintained in compliance with standards contained in applicable building and technical codes so as to ensure the structural integrity of such towers. If upon inspection by the Zoning Officer such tower is determined not to comply with the code standards or to constitute a danger to persons or property, then upon notice being provided to the owner of the tower and the owner of the property if such owner is different, such owners shall have 30 days to bring such tower into compliance. In the event such tower or antennas is not brought into compliance within 30 days, the municipality may provide notice to the owners requiring the tower or antennas to be removed. In the event such tower or antennas is not removed within 30 days of receipt of such notice, the municipality may remove such tower or antennas and place a lien upon the property for the cost of removal. Delay by the municipality in taking action shall not in any way waive the municipality's right to take action. The municipality may pursue all legal remedies available to it to ensure that communication towers and antennas not in compliance with the code standards or which constitute a danger to persons or property are brought into compliance or removed. The municipality may seek to have the tower or antennas removed regardless of the owner's or operator's intent to operate the tower or antennas and regardless of any permits, federal, state or otherwise, which may have been granted.

Abandoned towers. Any antennas or tower that is not operated for a continuous period of 12 months shall be considered abandoned, whether or not the owner or operator intends to make use of the tower. The owner of an abandoned antennas or tower and the owner of the property where the tower is located shall be under a duty to remove such a tower or antennas. A bond shall be posted by the owner/operator for the dismantling of the tower. The amount of bond shall be determined by the Zoning Hearing Board upon recommendation of the Borough Engineer. If not dismantled by the owner/operator, the Borough will notify the bonding company and require it to take necessary action pursuant to the bond. If such antennas and/or tower is not removed within 60 days of receipt of notice from the municipality, notifying the owner(s) and bonding company of such abandonment, the municipality may remove such tower and/or antennas and place a lien upon the property for the costs of removal. The municipality may pursue all other legal remedies available to it ensure that abandoned communication towers and antennas are removed. Delay by the municipality in taking action shall not in any way waive the municipality's right to take action. The municipality may seek to have the tower or antennas removed regardless of the owner's or operator's intent to operate the tower or antennas and regardless of any permits, federal, state or otherwise, which may have been granted.

Violations and penalties.

Enforcement remedies. In case any building, structure, or land is, or is proposed to be, erected, constructed, reconstructed, altered, converted, maintained, or used in violation of this chapter, the governing body or, with the approval of the governing body, an officer of the municipality, in addition to other remedies, may institute in the name of the municipality any appropriate action or proceeding to prevent, restrain, correct and abate such building, structure or land, or to prevent, in or about such premises, any act, conduct, business or use constituting a violation.

Enforcement penalties. Any person, partnership, or corporation who or which shall violate the provisions of this chapter shall, upon conviction thereof, be punishable as provided in 53 P.S. § 10617.2.

§ 475-26 Supplemental regulations governing no-impact home-based businesses.

[Added 12-9-2002 by Ord. No. 4-2002]

All no-impact home-based businesses must satisfy the following requirements:

The business activity shall be compatible with the residential use of the property and surrounding residential uses.

The business shall employ no employees other than family members residing in the dwelling.

There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.

There shall be no outside appearance of a business use, including but not limited to parking, signs or lights.

The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.

The business activity may not generate any solid waste or sewage discharge in volume or type which is not normally associated with residential use in the neighborhood.

The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.

The business may not involve any illegal activity.

The business, while permissible by right in all residential districts, shall not supersede any deed restriction, covenant or agreement restricting the use of land nor any master deed, bylaw or other document applicable to a common interest ownership community.

§ 475-27 Wind turbines.

[Added 1-13-2009 by Ord. No. 2-2009]

Wind turbines, when authorized by the Board, shall be permitted by special exception, subject to the following conditions:

The wind turbine shall be independent of any structure and shall be located a minimum distance of 110% times the turbine height from any structure or property line.

No part of the wind turbine shall be located within any required front, side or rear setback for the zoning district in which it is to be located.

The minimum height of the lowest position of the wind rotor shall be 25 feet above the ground.

Wind turbines shall not be climbable up to 12 feet above the ground surface.

To the extent applicable, the wind turbine shall comply with the Pennsylvania Uniform Construction Code, Act 45 of 1999,[1] as amended, and the regulations adopted by the Department of Labor and Industry.