[Ord. 2227, 12-10-2013]
1.
Purpose.
A.
To require and set minimum standards for outdoor lighting to:
(1)
Provide for and control lighting in outdoor public places where
public health, safety and welfare are potential concerns.
(2)
Protect drivers and pedestrians from the disabling glare of
nonvehicular light sources.
(3)
Protect neighbors and the night sky from nuisance glare and
light trespass from poorly shielded, aimed, placed, applied or maintained
light sources.
(4)
Promote energy-efficient lighting design and operation.
(5)
Protect and retain the intended character of the Borough of
Phoenixville.
2.
Applicability.
A.
Outdoor lighting shall be required for safety and personal security
for uses that operate during hours of darkness where there is public
assembly and/or traverse, including but not limited to the following:
commercial, industrial, public-recreational, institutional and multifamily
residential developments.
B.
Borough Council may, in its sole discretion, require that lighting
be incorporated for other uses or locations or may restrict lighting
in any of the above uses, as deemed necessary.
C.
The glare-control requirements herein contained apply to lighting
in all above-mentioned uses as well as, but not limited to, sign,
architectural, landscape, recreational, and residential lighting.
D.
Temporary decorative lighting is exempt from all but the glare-control
requirements of this chapter.
3.
Definitions. Various terms used in this section are defined in Part 2, Definitions.
[Amended by Ord. 2235, 7/8/2014]
4.
Criteria.
A.
Illumination Levels.
(1)
Lighting, where required or permitted by this chapter, shall
have intensities and uniformity ratios in accordance with the recommended
practices of the Illuminating Engineering Society of North America
(IESNA) as contained in the IESNA Lighting Handbook, 9th Edition or
subsequent editions, or as contained in current publications of the
IESNA Recommended Practices or Design Guides.
(2)
Examples of intensities for typical outdoor applications as
extracted from the IESNA Lighting Handbook, 9th Edition, are presented
below but are not intended to be all-inclusive nor are the listed
uses deemed to be permitted uses within the Borough.
|
Use/Task
|
Maintained
Footcandles
|
Uniformity
Ratio
| |
|---|---|---|---|
|
(a)
|
Streets, local commercial
Streets, residential (when lighting is required)
|
0.9 avg.
0.4 avg.
|
6:1 avg:min
6:1 avg:min
|
|
(b)
|
Parking, residential (when lighting is required)
|
0.2 min.
|
5:1 avg:min*
|
|
(c)
|
Parking, e.g., shopping centers/fast-food facilities, recreational/civic/cultural
events, office parks, hospitals, commuter lots, etc.
|
0.5 min.
|
5:1 avg:min*
|
|
(d)
|
Parking, e.g., neighborhood shopping, industrial employee parking,
schools, churches
|
0.2 min.
|
5:1 avg:min*
|
|
(e)
|
Sidewalks
| ||
|
• Commercial
• Residential (when lighting is required)
|
1.0 avg.
0.5 avg.
|
5:1 avg:min
5:1 avg:min
| |
|
(f)
|
Building entrances, commercial, industrial, institutional
|
5.0 avg.
| |
|
(g)
|
Service station pump islands
|
20.0 avg.
|
4:1 avg:min
|
|
(h)
|
Car dealerships (front row/other sales areas)
|
20/10 max.
|
5:1 max:min
|
|
NOTES:
| |
|---|---|
|
1.
|
Illumination levels are maintained horizontal footcandles on
the task, e.g., pavement or area surface.
|
|
2.
|
Uniformity ratios dictate that average illuminance values shall
not exceed minimum values by more than the product of the minimum
value and the specified ratio, e.g., for high-activity commercial
parking, the average illuminance shall not exceed 3.6 footcandles
(0.9 x 4).
|
|
*
|
In no case shall the maximum to minimum uniformity ratio for
parking be in excess of 20:1
|
B.
Lighting Fixture Design.
(1)
Fixtures shall be of a type and design appropriate to the lighting
application and aesthetically acceptable to the Borough.
(2)
For the lighting of predominantly horizontal surfaces, such
as, but not limited to, roadways, areas of vehicular and pedestrian
passage, merchandising and storage areas, automotive-fuel-dispensing
facilities, automotive sales areas, loading docks, culs-de-sac, active
and passive recreational areas, building entrances, sidewalks, paths,
site entrances and parking areas, fixtures shall be aimed straight
down and shall meet IESNA full-cutoff criteria, unless the aggregate
wattage per fixture does not exceed the output of a standard sixty-watt
incandescent lamp, in which case noncutoff fixtures shall be permitted.
(3)
For the lighting of nonhorizontal surfaces, such as, but not
limited to, facades, landscaping, signs, fountains, displays, flags
and statuary, the use of lighting not meeting IESNA full-cutoff criteria
shall be permitted only with the approval of the Borough Council or
its designee, based upon acceptable glare control (approval shall
not be required if the aggregate wattage per fixture does not exceed
the output of a standard sixty-watt incandescent lamp, i.e., 1,000
lumens).
(4)
"Barn lights," aka "dusk-to-dawn lights," shall not be permitted
where they are visible from other uses or properties, unless fitted
with a reflector or shield to render them full cutoff.
C.
Control of Nuisance and Disabling Glare.
(1)
All outdoor lighting, whether or not required or permitted by
this chapter, on private, residential, commercial, industrial, municipal,
recreational or institutional property, shall be aimed, located, designed,
fitted and maintained so as not to present a hazard to drivers or
pedestrians by impairing their ability to safely traverse and so as
not to create a nuisance by projecting or reflecting objectionable
light onto a neighboring use or property.
(2)
Floodlights, spotlights and omnidirectional fixtures, regardless
of whether for residential or nonresidential applications, shall be
so installed or aimed that they do not project their output into the
windows of neighboring residences, adjacent uses, skyward or onto
a public roadway or pedestrian way.
(3)
Unless Borough Council specifically approves night lighting,
lighting for commercial, industrial, public recreational and institutional
uses shall be controlled by automatic switching devices such as time
clocks or combination motion detectors and photocells, to extinguish
outdoor lighting at the close of business, but no later than 11:00
p.m.
(4)
Lighting proposed for use after 11:00 p.m., or after normal
hours of operation of a business, whichever is earlier, for commercial,
industrial, institutional or municipal applications, shall be reduced
by at least 50% from the levels normally required by this chapter,
from then until dawn.
(5)
All illumination for advertising signs, buildings and/or surrounding
landscapes for decorative, advertising or aesthetic purposes is prohibited
between 11:00 p.m. and sunrise, except that such lighting situated
on the premises of a commercial establishment may remain illuminated
while the establishment is actually open for business and until one
hour after closing.
(6)
Only the United States and state flags shall be permitted to
be illuminated from dusk till dawn, and each flag shall be illuminated
by a single source with a beam spread no greater than necessary to
illuminate the flag. Flag lighting sources shall not exceed 10,000
lumens per flagpole.
(7)
Vegetation screens shall not be employed to serve as the primary
means for controlling glare. Rather, glare control shall be achieved
primarily through the use of such means as cutoff fixtures, shields
and baffles, and appropriate application of fixture mounting height,
wattage, aiming angle and placement.
(8)
The intensity of illumination projected onto a residential property
from another property shall not exceed 0.1 vertical footcandle, measured
line-of-sight, from any point on the adjacent residential property.
(9)
Externally illuminated signs and billboards shall be lighted
by fixtures mounted at the top of the sign and aimed downward and
shall also be subject to additional standards as set forth in the
sign regulations of this chapter. Such lighting shall be automatically
extinguished between the hours of 11:00 p.m. and dawn. The fixtures
shall be designed, fitted or aimed to concentrate the light output
onto and not beyond the sign or billboard.
(10)
Directional fixtures, e.g., floodlights or spotlights, for such
applications as facade, fountain, feature, recreational and landscape
illumination, shall be aimed so as not to project their output beyond
the objects intended to be illuminated, and shall be extinguished
between the hours of 11:00 p.m. and dawn, except as otherwise provided
for herein.
(11)
The use of white strobe lighting for tall structures, such as
smokestacks, chimneys and radio/communications/television towers,
is prohibited during hours of darkness, except as specifically required
by the FAA.
(12)
Lighting fixtures that light the area under outdoor canopies
shall have flat lenses and shall be shielded in such a manner that
no light is emitted above a horizontal plane passing through the lowest
point of the light-emitting element.
D.
Installation.
(1)
Electrical feeds for fixtures mounted on poles shall be run
underground, not overhead.
(2)
Lighting standards to the rear of parking spaces shall be placed
a minimum of five feet outside paved area, curbing or tire stops,
or on concrete pedestals at least 30 inches high above the pavement,
or suitably protected by other approved means.
(3)
Fixtures meeting IESNA full-cutoff criteria shall not be mounted
in excess of 20 feet above finished grade of the area being illuminated.
(4)
Fixtures not meeting IESNA full-cutoff criteria shall not be
mounted in excess of 16 feet above the grade of the area being illuminated.
5.
Recreational Lighting.
A.
When facilities for such outdoor recreational activities as baseball,
tennis, football, golf driving ranges, and miniature golf are specifically
permitted by the Borough for operation during hours of darkness, the
following requirements shall apply:
(1)
Lighting shall be accomplished only through the use of fixtures
conforming to IESNA full-cutoff criteria, or as otherwise approved
by the Borough based on suitable control of glare and light trespass.
(2)
For new recreational facilities and recreational facilities
wishing to change their hours of operation during hours of darkness,
sporting events shall be timed so that all lighting in the sports
facility, other than lighting for safe exit of patrons, shall be extinguished
by 11:00 p.m., regardless of such occurrences as extra innings or
overtimes.
(3)
The foregoing outdoor recreational activities shall not be illuminated
if located within any residential district or sited on a nonresidential
property located within 1,200 feet of a residential use.
(4)
Maximum mounting heights for recreational lighting shall be
in accordance with the following:
6.
Plan Submission.
A.
For subdivision and land development applications where site lighting
is required or proposed, lighting plans shall be submitted to the
Borough for review and approval with any preliminary or final subdivision/land
development plan application, and with any conditional use, special
exception, variance application or any building permit where requested,
and shall include:
(1)
A site plan, complete with all structures, parking spaces, building
entrances, traffic areas (both vehicular and pedestrian), vegetation
that might interfere with lighting, and adjacent uses that might be
adversely impacted by the lighting, and a layout of all proposed fixtures
by location, mounting height and type. The submittal shall include,
in addition to area lighting, exterior architectural lighting, building
entrance lighting, landscape lighting, etc.
(2)
A ten-foot-by-ten-foot illuminance grid (point-by-point) plot
of maintained footcandles, plotted out to 0.0 footcandle, which demonstrates
compliance with the light trespass, intensity and uniformity requirements
as set forth in this chapter or as otherwise required by the Borough.
The lamp lumen rating and type, maintenance (light-loss) factors and
IES file names used in calculating the illuminance levels shall be
documented on the plan.
(3)
A description of the proposed equipment, including fixture catalog
cuts, photometries, glare-reduction devices, lamps, on/off control
devices, mounting heights, pole foundation details and mounting methods.
B.
When requested by the Borough, the applicant shall also submit a
visual-impact plan that demonstrates appropriate steps have been taken
to mitigate on-site and off-site glare and light trespass and taken
to retain the Borough's intended character.
C.
Plan Notes. The following notes shall appear on the lighting plans:
(1)
Post-approval alterations to lighting plans or intended substitutions
for approved lighting equipment shall be submitted to the Borough
for review and approval.
(2)
The Borough reserves the right to conduct post-installation
nighttime inspections to verify compliance with the requirements of
this chapter and as otherwise agreed upon by the Borough, and if appropriate,
to require remedial action at no expense to the Borough.
7.
Compliance Monitoring.
A.
Safety Hazards.
(1)
If appropriate officers or agents of the Borough judge a lighting
installation creates a safety or personal-security hazard, the person(s)
responsible for the lighting shall be notified in writing and required
to take remedial action.
(2)
If appropriate corrective action has not been effected within
30 days of written notification, the Borough may commence legal action
as provided for in the Borough Zoning Ordinance.
B.
Nuisance Glare and Inadequate Illumination Levels.
(1)
When appropriate officers or agents of the Borough judge an
installation produces unacceptable levels of nuisance glare, direct
skyward light, excessive or insufficient illumination levels or otherwise
varies from this chapter, the Borough may cause written notification
of the person(s) responsible for the lighting and require appropriate
remedial action.
(2)
If appropriate corrective action has not been effected within
30 days of notification, the Borough may commence legal action as
provided for in the Borough Zoning Ordinance.
8.
Nonconforming Lighting.
A.
Any lighting fixture or lighting installation existing on the effective
date of this chapter that does not conform with the requirements of
this chapter shall be considered as a lawful nonconformance, subject
to the following:
(1)
Unless minor corrective action is deemed by the Borough to be
an acceptable alternative, a nonconforming lighting fixture or lighting
installation shall be made to conform with the applicable requirements
of this chapter when:
9.
Abatement of Nuisances.
A.
In addition to any other remedies provided in this chapter, any violation
of the regulations controlling lighting and disabling glare shall
constitute a nuisance and shall be abated by the Borough by either
seeking mitigation of nuisance or appropriate equitable or legal relief
from a court of competent jurisdiction, including enforcement under
the Borough's ordinance.
[Ord. No. 2020-2313, 4/14/2020]
1.
The purpose of this section shall be to:
A.
Accommodate the need for surface land uses affiliated with transmission
pipelines consistent with the desire to protect the health, safety
and welfare of the citizens of the Borough.
B.
Minimize aesthetic, nuisance and visual impacts of surface land uses
affiliated with transmission pipelines through proper design, siting
and vegetative screening.
C.
Ensure the location of surface land uses affiliated with transmission
pipelines is in compliance with applicable government and industry
standards, including standards administered by the Federal Energy
Regulatory Commission (FERC), the Pennsylvania Oil and Gas Act, as
amended, and Pennsylvania case law.
D.
Preserve the character of neighborhoods adjacent to surface land
uses affiliated with transmission pipelines.
2.
Use provisions.
A.
Permitted by Right. Surface land uses affiliated with transmission pipelines shall be permitted as a principal use by right in districts within bounds of the Laurel Pipeline Company/Buckeye Partners existing easement or right-of-way as of April 14, 2020, where underground pipelines exist or are proposed. Such uses shall meet the dimensional requirements, including but not limited to area and bulk standards, of districts. Applicants are required to demonstrate to the satisfaction of the Borough that the requirements of Subsection 3, Standards for Surface Land Uses Affiliated with Transmission Pipelines, can be met.
B.
Permitted by Conditional Use. Except as otherwise designated in Subsection 2C below, surface land uses affiliated with transmission pipelines shall be conditionally permitted as a principal use in all other zoning districts when adjacent to and within 100 feet of underground transmission pipelines that exist as of the date of adoption of this section. Applicants are required to demonstrate to the satisfaction of the Borough that the requirements of Subsection 3, Standards for Surface Land Uses Affiliated with Transmission Pipelines, and § 27-905, Conditional Uses, can be met. In addition, such uses shall meet the dimensional requirements, including but not limited to area and bulk standards, of the underlying district.
3.
Standards for Surface Land Uses Affiliated with Transmission Pipelines.
The following standards will be considered by the Borough prior to
permitting surface land uses affiliated with transmission pipelines:
A.
Setbacks. While these setbacks originated in amendments to the Pennsylvania Oil and Gas Act (Act 13 of 2012), the Borough intends to monitor emerging science on setback safety and revise these standards periodically, and so unless otherwise approved by Borough Council, the applicant shall demonstrate that the setbacks for surface land uses affiliated with transmission pipelines and all supporting equipment to any property line or right-of-way shall be 1) consistent with the minimum setback in the underlying zoning district; or 2) a minimum of 750 feet from residential buildings and all commercial, industrial and institutional uses, or a minimum of 500 feet from the nearest lot line, whichever is greater; provided, however, that these setbacks may be modified by the Borough pursuant to the type of material being managed at the surface land use affiliated with transmission pipelines, whether the use is adjacent to areas of high on-site population, and the current status of science regarding safety protocols in proximity to pipelines or surface land uses affiliated with transmission pipelines. The Borough shall, on a case-by-case basis, determine if increased setbacks are warranted consistent with the potential impact radius (PIR), defined by the relationship between the diameter of the adjacent pipeline (and appurtenances) and its maximum operating pressure (See Ch. 22, Attachment 4.), whether high on-site populations are located in close proximity (often referred to as "high consequence areas"), and whether more than one transmission pipeline (such as coupled lines) will be managed at the surface land use affiliated thereto. The PIR approach is applicable only to surface land uses affiliated with gas or petroleum gas transmission pipelines as defined by 49 CFR 192.3, as amended and incorporated herein by reference. Surface land uses affiliated with transmission pipelines carrying hazardous liquids, as defined by 49 CFR 195.2, as amended and incorporated herein by reference, shall adhere to the setback standards contained in this subsection.
B.
Landscaping. The applicant shall provide a plan prepared by a landscape architect licensed in Pennsylvania showing landscaping proposed to be installed to screen and buffer surface land uses affiliated with transmission pipelines. The landscape plan shall incorporate the use of a decorative fence pursuant to § 27-607, surrounded by a mix of native vegetation, including evergreens, shrubbery and trees, which shall not be less than the height of the fence and shall be of sufficient density to screen the facility. Existing vegetation in proximity to surface land uses affiliated with transmission pipelines shall be preserved to the greatest extent possible. Applicants shall submit a visual survey from mutually agreed upon vantage points in order to support the proposed landscaping plan's mitigation of visual impacts.
C.
Noise. Sound produced by the surface land use affiliated with transmission
pipelines shall not result in noise or vibration clearly exceeding
the average intensity of noise or vibration occurring from other causes
at the property line; in no case shall the sound pressure level exceed
60 dB(A) according to the American National Standards Institute (ANSI)
A-weighted scale at the property line closest to the land use.
D.
Odors. Odor, vapors or particulate matter produced by the surface land use affiliated with transmission pipelines shall not exceed the average emission of such substances occurring from other causes at the property line. Specific contaminants shall be regulated by Pa. Code, Title 25, Environmental Protection, Part 1, Subpart C, Article III, Air Resources, as amended and incorporated herein by reference.[2]
[2]
Editor's Note: See 25 Pa. Code § 121.1 et seq.
E.
Signage. All signs, other than utility identification signs, appropriate
warning signs, or owner identification signs, shall be prohibited.
There shall be no antennas, advertising, or other items or material
affixed to or otherwise placed on surface land uses affiliated with
transmission pipelines, except as permitted by the Borough.
F.
Parking. If the surface land use affiliated with transmission pipelines
is fully automated, adequate parking shall be required for maintenance
workers. If the site is not automated, the number of parking spaces
shall be equal to the number of people on the largest shift. Parking
spaces shall be located within the decorative fence and landscape
buffer area so they are substantially concealed when viewed from surrounding
properties.
G.
Lighting. No surface land use affiliated with pipeline utilities
shall be artificially lighted except as required for emergency nighttime
access. Any such lights shall be shielded so as to prevent intrusion
upon nearby properties.
H.
Engineered Drawing Submission. Applications for a land use affiliated
with pipeline utilities shall be accompanied by engineering drawings
prepared by an engineer licensed in Pennsylvania. The applicant shall
show that all applicable Commonwealth of Pennsylvania and U.S. standards
for the construction, operation, and maintenance of the proposed facility
are met.
I.
Design. The applicant proposing a surface land use affiliated with
transmission pipelines must demonstrate that the structure is designed
to blend in with or mimic existing structures in the landscape such
as residential outbuildings or other uses permitted in the underlying
districts.
J.
Visual Impact. Any surface land use affiliated with transmission
pipelines shall be designed and constructed so as to mitigate the
visual impact from public roads and nearby uses. In addition, the
color and other visual features of the land use affiliated with pipeline
utilities shall be designed and installed in such a manner so as to
create the least visual impact practicable. The applicant shall demonstrate
compliance with this section by, among other things, providing photographic
perspectives of the proposed site from all sides of the property,
adjacent roadways and neighboring properties (with permission of the
owners).
K.
Need. The applicant for a surface land use affiliated with transmission
pipelines is required to demonstrate, using scientific and technological
evidence, that the facility must be located where it is proposed in
order to satisfy its function in the company's pipeline system and
demonstrate that there is a need for this facility at the location
where it will be located.
L.
State and Federal Regulation. All applicants, whether commercial
pipeline companies or otherwise, must demonstrate the submission of
sufficient filings and/or receive sufficient approvals, as required,
through the Federal Energy Regulatory Commission (FERC), the Pipeline
and Hazardous Materials Safety Administration (PHMSA), and the Commonwealth
of Pennsylvania, including but not limited to the Pennsylvania Department
of Environmental Protection (PADEP) and/or the Pennsylvania Public
Utilities Commission (PA PUC). Such documentation is not required
as part of the initial application to the Borough but must be provided
prior to actual use.
M.
Removal of Surface Land Uses Affiliated with Transmission Pipelines.
Any surface land uses affiliated with transmission pipelines that
are no longer licensed and active shall be removed and the site restored
to its original condition at the owner's expense within 60 days of
the last date that the facility was licensed by PADEP and FERC. A
bond or escrow account shall be posted with the Borough in an amount
sufficient to ensure such removal and site restoration prior to the
construction of the facility. The applicant shall have prepared and
shall submit to the Borough to accompany the bond or escrow account
an estimate of the cost necessary to remove the surface land use facility
associated with the pipeline and restore the site to its preconstruction
condition.
[Ord. 2227, 12-10-2013]
1.
Emissions Restricted. No use shall emit odorous gases or other odorous
matter in such quantities as to be offensive at any point on or beyond
its lot lines. The guide for determining such quantities of offensive
odors shall be the 50% level of Table 1 (Odor Thresholds in Air) from
Research on Chemical Odors: Part I — Odor Thresholds for 53
Commercial Chemicals (Manufacturing Chemists Association, Inc., Washington,
D.C.; October 1968).
[Ord. 2227, 12-10-2013]
1.
No structure or article, other than a motor vehicle, may be located
in an on-street parking space.
2.
No recreational vehicle may be parked upon a public street or alleyway.
"Recreational vehicle" is defined as any boat, camper, trailer, travel
trailer, pickup camper, tent trailer, motorized dwelling, and/or car
or truck used for the purpose of transporting such devices.
3.
No vehicle having a capacity over 10,000 pounds' gvw shall be parked
upon any Borough street or right-of-way.
[Ord. 2227, 12-10-2013; as amended by Ord. 2236, 7/8/2014]
1.
Purposes and Findings of Fact.
A.
The purpose of this section is to establish uniform standards for
the siting, design, permitting, maintenance, and use of wireless communications
facilities in Phoenixville Borough. While the Borough recognizes the
importance of wireless communications facilities in providing high-quality
communications service to its residents and businesses, the Borough
also recognizes that it has an obligation to protect public safety
and to minimize the adverse visual effects of such facilities through
the standards set forth in the following provisions.
B.
By enacting this section, the Borough intends to:
(1)
Promote the health, safety and welfare of Borough residents
and businesses with respect to wireless communications facilities;
(2)
Provide for the managed development of wireless communications
facilities in a manner that enhances the benefits of wireless communication
and accommodates the needs of both Borough residents and wireless
carriers in accordance with federal and state laws and regulations;
(3)
Establish procedures for the design, siting, construction, installation,
maintenance and removal of both tower-based and non-tower-based wireless
communications facilities in the Borough, including facilities both
inside and outside the public rights-of-way;
(4)
Address new wireless technologies, including, but not limited
to, distributed antenna systems, data collection units, cable wi-fi
and other wireless communications facilities.
(5)
Encourage the co-location of wireless communications facilities
on existing structures rather than the construction of new tower-based
structures;
(6)
Protect Borough residents from potential adverse impacts of
wireless communications facilities and preserve, to the extent permitted
under law, the visual character of established communities and the
natural beauty of the landscape; and
(7)
Update the Borough's wireless facilities regulations to incorporate
changes in federal and state laws and regulations.
2.
General Requirements for All Tower-Based Wireless Communications.
A.
The following regulations shall apply to all tower-based wireless
communications facilities:
(1)
Standard of Care. Any tower-based WCF shall be designed, constructed,
operated, maintained, repaired, modified and removed in strict compliance
with all current applicable technical, safety and safety-related codes,
including, but not limited to, the most-recent editions of the American
National Standards Institute (ANSI) Code, National Electrical Safety
Code, National Electrical Code, as well as the accepted and responsible
workmanlike industry practices of the National Association of Tower
Erectors. Any tower-based WCF shall at all times be kept and maintained
in good condition, order and repair by qualified maintenance and construction
personnel, so that the same shall not endanger the life of any person
or any property in the Borough.
(2)
Wind. Any tower-based WCF structures shall be designed to withstand
the effects of wind according to the standard designed by the American
National Standards Institute as prepared by the engineering departments
of the Electronics Industry Association and Telecommunications Industry
Association (ANSI EIA/TIA-222-G, as amended).
(3)
Height. Any tower-based WCF shall be designed at the minimum
functional height and shall not exceed a maximum total height of 150
feet, which height shall include all subsequent additions or alterations.
All tower-based WCF applicants must submit documentation to the Borough
justifying the total height of the structure.
(4)
Public Safety Communications. No tower-based WCF shall interfere
with public safety communications or the reception of broadband, television,
radio or other communication services enjoyed by occupants of nearby
properties.
(5)
Maintenance. The following maintenance requirements shall apply:
(a)
Any tower-based WCF shall be fully automated and unattended
on a daily basis and shall be visited only for maintenance or emergency
repair.
(b)
Such maintenance shall be performed to ensure the upkeep of
the facility in order to promote the safety and security of the Borough's
residents.
(c)
All maintenance activities shall utilize nothing less than the
best available technology for preventing failures and accidents.
(6)
Radio Frequency Emissions. No tower-based WCF may, by itself
or in conjunction with other WCFs, generate radio frequency emissions
in excess of the standards and regulations of the FCC, including,
but not limited to, the FCC Office of Engineering Technology Bulletin
65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure
to Radio Frequency Electromagnetic Fields," as amended.
(7)
Historic Buildings or Districts. No tower-based WCF may be located
on a building or structure that is listed on either the National or
Pennsylvania Register of Historic Places or the official historic
structures and/or historic districts list maintained by the Borough,
or that has been designated by the Borough as being of historic significance.
(8)
Identification. All tower-based WCFs shall post a notice in
a readily visible location identifying the name and phone number of
a party to contact in the event of an emergency, subject to approval
by the Borough.
(9)
Lighting. Tower-based WCFs shall not be artificially lighted,
except as required by law and as may be approved by the Borough. If
lighting is required, the applicant shall provide a detailed plan
for sufficient lighting, demonstrating as unobtrusive and inoffensive
an effect as is permissible under state and federal regulations.
(10)
Appearance. Towers shall be galvanized and/or painted with a
rust-preventive paint of an appropriate color to harmonize with the
surroundings.
(11)
Noise. Tower-based WCFs shall be operated and maintained so
as not to produce noise in excess of applicable noise standards under
state law and the Borough Code, except in emergency situations requiring
the use of a backup generator, where such noise standards may be exceeded
on a temporary basis only.
(12)
Aviation Safety. Tower-based WCFs shall comply with all federal
and state laws and regulations concerning aviation safety.
(13)
Retention of Experts. The Borough may hire any consultant(s)
and/or expert(s) necessary to assist the Borough in reviewing and
evaluating the application for approval of the tower-based WCF and
once approved, in reviewing and evaluating any potential violations
of the terms and conditions of this section. The applicant and/or
owner of the WCF shall reimburse the Borough for all costs of the
Borough's consultant(s) in providing expert evaluation and consultation
in connection with these activities.
(14)
Timing of Approval. Within 30 calendar days of the date that
an application for a tower-based WCF is filed with the Borough, the
Borough shall notify the applicant in writing of any information that
may be required to complete such application. All applications for
tower-based WCFs shall be acted upon within 150 days of the receipt
of a fully completed application for the approval of such tower-based
WCF, and the Borough shall advise the applicant in writing of its
decision. If additional information was requested by the Borough to
complete an application, the time required by the applicant to provide
the information shall not be counted toward the one-hundred-fifty-day
review period.
(15)
Nonconforming Uses. Nonconforming tower-based WCFs which are
hereafter damaged or destroyed due to any reason or cause may be repaired
and restored at their former location but must otherwise comply with
the terms and conditions of this section.
(16)
Removal. In the event that use of a tower-based WCF is planned
to be discontinued, the owner shall provide written notice to the
Borough of its intent to discontinue use and the date when the use
shall be discontinued. Unused or abandoned WCFs or portions of WCFs
shall be removed as follows:
(a)
All unused or abandoned tower-based WCFs and accessory facilities
shall be removed within six months of the cessation of operations
at the site unless a time extension is approved by the Borough.
(b)
If the WCF and/or accessory facility is not removed within six
months of the cessation of operations at a site, or within any longer
period approved by the Borough, the WCF and accessory facilities and
equipment may be removed by the Borough and the cost of removal assessed
against the owner of the WCF.
(c)
Any unused portions of tower-based WCFs, including antennas,
shall be removed within six months of the time of cessation of operations.
The Borough must approve all replacements of portions of a tower-based
WCF previously removed.
(17)
Permit Fees. The Borough may assess appropriate and reasonable
permit fees directly related to the Borough's actual costs in reviewing
and processing the application for approval of a tower-based WCF,
as well as related inspection, monitoring and related costs in accordance
with the Master Schedule of Fees.
3.
Tower-Based Facilities Outside the Rights-of-Way.
A.
The following regulations shall apply to tower-based wireless communications
facilities located outside the rights-of-way:
(1)
Development Regulations:
(a)
Prohibited in Residential Zones. No tower-based WCF shall be
located in a district zoned residential or within 500 feet of a lot
in residential use or a residential district boundary. Tower-based
WCFs are permitted only in such districts as specified in Articles
XI, XV, XVI, and XXVI of this chapter.[1]
[1]
Editor's Note: So in original. Refers to zoning districts
from prior Zoning Ordinance.
(b)
Gap in Coverage. An applicant for a tower-based WCF must demonstrate
that a significant gap in wireless coverage exists with respect to
all wireless operators in the applicable area and that the type of
WCF being proposed is the least intrusive means by which to fill that
gap in wireless coverage. The existence or nonexistence of a gap in
wireless coverage shall be a factor in the Borough's decision on an
application for approval of tower-based WCFs.
(c)
Sole Use on a Lot. A tower-based WCF is permitted as a sole
use on a lot subject to the minimum lot area and yards complying with
the requirements for the applicable zoning district.
(d)
Combined with Another Use. A tower-based WCF may be permitted
on a property with an existing use or on a vacant parcel in combination
with another industrial, commercial, institutional or municipal use,
subject to the following conditions:
1)
The existing use on the property may be any permitted use in
the applicable district and need not be affiliated with the communications
facility.
2)
Minimum Lot Area. The minimum lot shall comply with the requirements
for the applicable district and shall be the area needed to accommodate
the tower-based WCF and guy wires, the equipment building, security
fence, and buffer planting.
3)
Minimum Setbacks. The tower-based WCF and accompanying equipment
building shall comply with the requirements for the applicable zoning
district, provided that no tower-based WCF shall be located within
500 feet of a lot in residential use or a residential district boundary.
(e)
Notice. Upon receipt of an application for a tower-based WCF,
the Borough shall mail notice thereof to the owner or owners of every
property zoned residential on the same street within 50 linear feet
of the parcel or property of the proposed facility and of every property
zoned residential not on the same street within 500 feet of the parcel
or property of the proposed facility.
(f)
Co-location. An application for a new tower-based WCF shall
not be approved unless the Borough finds that the wireless communications
equipment planned for the proposed tower-based WCF cannot be accommodated
on an existing or approved structure or building. Any application
for approval of a tower-based WCF shall include a comprehensive inventory
of all existing towers and other suitable structures within a two-mile
radius from the point of the proposed tower, unless the applicant
can show to the satisfaction of the Borough that a different distance
is more reasonable and shall demonstrate conclusively why an existing
tower or other suitable structure cannot be utilized.
(2)
Design Regulations:
(a)
The WCF shall employ the most-current stealth technology available
in an effort to appropriately blend into the surrounding environment
and minimize aesthetic impact. The application of the stealth technology
chosen by the WCF applicant shall be subject to the approval of the
Borough.
(b)
Any height extensions to an existing tower-based WCF shall require
prior approval of the Borough. The Borough reserves the right to deny
such requests based upon aesthetic and land use impact, or any other
lawful considerations related to the character of the Borough.
(c)
Any proposed tower-based WCF shall be designed structurally,
electrically, and in all respects to accommodate both the WCF applicant's
antennas and comparable antennas for future users.
(3)
Surrounding Environs:
(a)
The WCF applicant shall ensure that the existing vegetation,
trees and shrubs located within proximity to the WCF structure shall
be preserved to the maximum extent possible.
(b)
The WCF applicant shall submit a soil report to the Borough
complying with the standards of Appendix G: Geotechnical Investigations,
ANSI EIA/TIA 222, as amended, to document and verify the design specifications
of the foundation of the tower-based WCF, and anchors for guy wires,
if used.
(4)
Fence/Screen:
(a)
A security fence having a maximum height of six feet shall completely
surround any tower-based WCF, guy wires, or any building housing WCF
equipment.
(b)
An evergreen screen that consists of a hedge or a row of evergreen
trees shall be located along the perimeter of the security fence.
(c)
The WCF applicant shall submit a landscape plan for review and
approval by the Borough planning consultant for all proposed screening.
(5)
Accessory Equipment:
(a)
Ground-mounted equipment associated to, or connected with, a
tower-based WCF shall be underground. In the event that an applicant
can demonstrate that the equipment cannot be located underground to
the satisfaction of the Borough Engineer, then the ground-mounted
equipment shall be screened from public view using stealth technologies,
as described above.
(b)
All utility buildings and accessory structures shall be architecturally
designed to blend into the environment in which they are situated
and shall meet the minimum setback requirements of the underlying
zoning district.
(6)
Additional Antennas. As a condition of approval for all tower-based
WCFs, the WCF applicant shall provide the Borough with a written commitment
that it will allow other service providers to co-locate antennas on
tower-based WCFs where technically and economically feasible. The
owner of a tower-based WCF shall not install any additional antennas
without obtaining the prior written approval of the Borough.
(7)
Access Road. An access road, turnaround space and parking shall
be provided to ensure adequate emergency and service access to the
tower-based WCF. Maximum use of existing roads, whether public or
private, shall be made to the extent practicable. Road construction
shall at all times minimize ground disturbance and the cutting of
vegetation. Road grades shall closely follow natural contours to assure
minimal visual disturbance and minimize soil erosion. Where applicable,
the WCF owner shall present documentation to the Borough that the
property owner has granted an easement for the proposed facility.
(8)
Bond. Prior to the issuance of a permit, the owner of a tower-based
WCF outside the right-of-way shall, at its own cost and expense, obtain
from a surety licensed to do business in Pennsylvania and maintain
a bond or other form of security acceptable to the Borough Solicitor,
in an amount of $100,000, to assure the faithful performance of the
terms and conditions of this section. The bond shall provide that
the Borough may recover from the principal and surety any and all
compensatory damages incurred by the Borough for violations of this
section, after reasonable notice and opportunity to cure. The owner
shall file the bond with the Borough.
(9)
Visual or Land Use Impact. The Borough reserves the right to
deny an application for the construction or placement of any tower-based
WCF based upon visual and/or land use impact.
(10)
Inspection. The Borough reserves the right to inspect any tower-based
WCF to ensure compliance with the provisions of this section and any
other provisions found within the Borough Code or state or federal
law. The Borough and/or its agents shall have the authority to enter
the property upon which a WCF is located at any time, upon reasonable
notice to the operator, to ensure such compliance.
4.
Tower-Based Facilities in the Rights-of-Way.
A.
The following regulations shall apply to tower-based wireless communications
facilities located in the rights-of-way:
(1)
Prohibited in Residential Zones. No tower-based WCF shall be
located within a residential zone or within 500 feet of a lot in residential
use or a residential district boundary. Tower-based WCFs are only
permitted in such districts as specified in Articles XI, XV, XVI and
XXVI of this chapter.[2]
[2]
Editor's Note: So in original. Refers to zoning districts
from prior Zoning Ordinance.
(2)
Gap in Coverage. An applicant for a tower-based WCF must demonstrate
that a significant gap in wireless coverage exists with respect to
all wireless operators in the applicable area and that the type of
WCF being proposed is the least-intrusive means by which to fill that
gap in wireless coverage. The existence or nonexistence of a gap in
wireless coverage shall be a factor in the Borough's decision on an
application for approval of tower-based WCFs in the right-of-way.
(3)
Notice. Upon receipt of an application for a tower-based WCF,
the Borough shall mail notice thereof to the owner or owners of every
property zoned residential on the same street within 500 linear feet
of the property or parcel of the proposed facility and of every property
zoned residential not on the same street within 500 feet of the parcel
or property of the proposed facility.
(4)
Co-location. An application for a new tower-based WCF in the
right-of-way shall not be approved unless the Borough finds that the
proposed wireless communications equipment cannot be accommodated
on an existing structure, such as a utility pole or traffic light
pole. Any application for approval of a tower-based WCF shall include
a comprehensive inventory of all existing towers and other suitable
structures within a one-mile radius from the point of the proposed
tower, unless the applicant can show to the satisfaction of the Borough
that a different distance is more reasonable and shall demonstrate
conclusively why an existing tower or other suitable structure cannot
be utilized.
(5)
Time, Place and Manner. The Borough shall determine the time,
place and manner of construction, maintenance, repair and/or removal
of all tower-based WCFs in the right-of-way based on public safety,
traffic management, physical burden on the right-of-way, and related
considerations. For public utilities, the time, place and manner requirements
shall be consistent with the police powers of the Borough and the
requirements of the Public Utility Code.
(6)
Equipment Location. Tower-based WCFs and accessory equipment
shall be located so as not to cause any physical or visual obstruction
to pedestrian or vehicular traffic, or to otherwise create safety
hazards to pedestrians and/or motorists, or to otherwise inconvenience
public use of the right-of-way as determined by the Borough. In addition:
(a)
In no case shall ground-mounted equipment, walls, or landscaping
be located within 18 inches of the face of the curb.
(b)
Ground-mounted equipment that cannot be undergrounded shall
be screened, to the fullest extent possible, through the use of landscaping
or other decorative features to the satisfaction of the Borough.
(c)
Required electrical meter cabinets shall be screened to blend
in with the surrounding area to the satisfaction of the Borough.
(e)
Any underground vaults related to tower-based WCFs shall be
reviewed and approved by the Borough.
(7)
Design Regulations.
(a)
The WCF shall employ the most current stealth technology available
in an effort to appropriately blend into the surrounding environment
and minimize aesthetic impact. The application of the stealth technology
chosen by the WCF applicant shall be subject to the approval of the
Borough.
(b)
Any height extensions to an existing tower-based WCF shall require
prior approval of the Borough, and shall not increase the overall
height of the tower-based WCF to more than 150 feet. The Borough reserves
the right to deny such requests based upon aesthetic and land use
impact, or any other lawful considerations related to the character
of the Borough.
(c)
Any proposed tower-based WCF shall be designed structurally,
electrically, and in all respects to accommodate both the WCF applicant's
antennas and comparable antennas for future users.
(8)
Visual or Land Use Impact. The Borough reserves the right to
deny the construction or placement of any tower-based WCF in the right-of-way
based upon visual and/or land use impact.
(9)
Additional Antennas. As a condition of approval for all tower-based
WCFs in the right-of-way, the WCF applicant shall provide the Borough
with a written commitment that it will allow other service providers
to co-locate antennas on tower-based WCFs where technically and economically
feasible. The owner of a tower-based WCF shall not install any additional
antennas without obtaining the prior written approval of the Borough.
(10)
Relocation or Removal of Facilities. Within 60 days following
written notice from the Borough, or such longer period as the Borough
determines is reasonably necessary or such shorter period in the case
of an emergency, an owner of a tower-based WCF in the right-of-way
shall, at its own expense, temporarily or permanently remove, relocate,
change or alter the position of any WCF when the Borough, consistent
with its police powers and applicable Public Utility Commission regulations,
shall determine that such removal, relocation, change or alteration
is reasonably necessary under the following circumstances:
(a)
The construction, repair, maintenance or installation of any
Borough or other public improvement in the right-of-way;
(b)
The operations of the Borough or other governmental entity in
the right-of-way;
(c)
Vacation of a street or road or the release of a utility easement;
or
(d)
An emergency as determined by the Borough.
(11)
Compensation for Right-of-Way Use. In addition to permit fees as described in § 27-1101 of this chapter, every tower-based WCF in the right-of-way is subject to the Borough's right to fix annually a fair and reasonable compensation to be paid for use and occupancy of the right-of-way. Such compensation for right-of-way use shall be directly related to the Borough's actual right-of-way management costs, including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other right-of-way management activities by the Borough. The owner of each tower-based WCF shall pay an annual fee to the Borough to compensate the Borough for the Borough's costs incurred in connection with the activities described above. The annual right-of-way management fee for tower-based WCFs shall be determined by the Borough and authorized by resolution of Borough Council and shall be based on the Borough's actual right-of-way management costs as applied to such tower-based WCF.
(12)
Bond. Prior to the issuance of a permit, the owner of a tower-based
WCF in the right-of-way shall, at its own cost and expense, obtain
from a surety licensed to do business in Pennsylvania and maintain
a bond, or other form of security acceptable to the Borough Solicitor,
in an amount of $100,000, to assure the faithful performance of the
terms and conditions of this section. The bond shall provide that
the Borough may recover from the principal and surety any and all
compensatory damages incurred by the Borough for violations of this
Section, after reasonable notice and opportunity to cure. The owner
shall file a copy of the bond with the Borough.
(13)
Specific Prohibitions. The installation of small wireless facilities
are specifically prohibited on tower-based facilities in the rights-of-way.
[Added by Ord. No. 2021-2336, 10/12/2021]
5.
General Requirements for All Non-Tower Wireless Communications Facilities.
A.
The following regulations shall apply to all non-tower wireless communications
facilities that do not substantially change the physical dimensions
of the wireless support structure to which they are attached:
(1)
Permitted in All Zones Subject to Regulations. Non-tower WCFs
are permitted in all zones, subject to the restrictions and conditions
prescribed below and subject to the prior written approval of the
Borough.
(2)
[3]Standard of Care. Any non-tower WCF shall be designed,
constructed, operated, maintained, repaired, modified and removed
in strict compliance with all current applicable technical, safety
and safety-related codes, including, but not limited to, the most-recent
editions of the American National Standards Institute (ANSI) Code,
National Electrical Safety Code, and National Electrical Code. Any
WCF shall at all times be kept and maintained in good condition, order
and repair by qualified maintenance and construction personnel, so
that the same shall not endanger the life of any person or any property
in the Borough.
[3]
Editor's Note: Former Subsection 5A(2), regarding notice,
was repealed by Ord. No. 2021-2336, 10/12/2021. This ordinance also renumbered
former Subsection 5A(3) through (10) as Subsection 5A(2) through (9),
respectively.
(3)
Wind. Any non-tower WCF structures shall be designed to withstand
the effects of wind according to the standard designed by the American
National Standards Institute as prepared by the engineering departments
of the Electronics Industry Association and Telecommunications Industry
Association. (ANSI EIN/TIA-22-G, as amended).
(4)
Public Safety Communications. No non-tower WCF shall interfere
with public safety communications or the reception of broadband, television,
radio or other communication services enjoyed by occupants of nearby
properties.
(5)
Aviation Safety. Non-tower WCFs shall comply with all federal
and state laws and regulations concerning aviation safety.
(6)
Radio Frequency Emissions. No non-tower WCF may, by itself or
in conjunction with other WCFs, generate radio frequency emissions
in excess of the standards and regulations of the FCC, including,
but not limited to, the FCC Office of Engineering Technology Bulletin
65, entitled "Evaluating Compliance with FCC Guidelines for Human
Exposure to Radio Frequency Electromagnetic Fields," as amended.
(7)
Removal. In the event that use of a non-tower WCF is discontinued,
the owner shall provide written notice to the Borough of its intent
to discontinue use and the date when the use shall be discontinued.
Unused or abandoned WCFs or portions of WCFs shall be removed as follows:
(a)
All abandoned or unused WCFs and accessory facilities shall
be removed within three months of the cessation of operations at the
site unless a time extension is approved by the Borough.
(b)
If the WCF or accessory facility is not removed within three
months of the cessation of operations at a site, or within any longer
period approved by the Borough, the WCF and/or associated facilities
and equipment may be removed by the Borough and the cost of removal
assessed against the owner of the WCF.
(8)
Timing of Approval. Time frame for review and action (approval
or denial) on wireless facilities applications is as follows:
[Amended by Ord. No. 2021-2336, 10/12/2021]
(9)
Permit Fees. The Borough may assess appropriate and reasonable
permit fees directly related to the Borough's actual costs in reviewing
and processing the application for approval of a non-tower WCF in
accordance with the Master Schedule of Fees.
B.
The following regulations shall apply to all non-tower wireless communications
facilities that substantially change the wireless support structure
to which they are attached:
(1)
Permitted in All Zones Subject to Regulations. Non-tower WCFs
are permitted in all zones, subject to the restrictions and conditions
prescribed below and subject to the prior written approval of the
Borough.
(2)
[4]Standard of Care. Any non-tower WCF shall be designed,
constructed, operated, maintained, repaired, modified and removed
in strict compliance with all current applicable technical, safety
and safety-related codes, including, but not limited to, the most-recent
editions of the American National Standards Institute (ANSI) Code,
National Electrical Safety Code, and National Electrical Code. Any
WCF shall at all times be kept and maintained in good condition, order
and repair by qualified maintenance and construction personnel, so
that the same shall not endanger the life of any person or any property
in the Borough.
[4]
Editor's Note: Former Subsection 5B(2), regarding notice,
was repealed by Ord. No. 2021-2336, 10/12/2021. This ordinance also renumbered
former Subsection 5B(3) through (14) as Subsection 5B(2) through (13),
respectively.
(3)
Wind. Any non-tower WCF structures shall be designed to withstand
the effects of wind according to the standard designed by the American
National Standards Institute as prepared by the engineering departments
of the Electronics Industry Association and Telecommunications Industry
Association (ANSI EIA/TIA 222-E Code, as amended).
(4)
Public Safety Communications. No non-tower WCF shall interfere
with public safety communications or the reception of broadband, television,
radio or other communication services enjoyed by occupants of nearby
properties.
(5)
Historic Buildings. Non-tower WCFs may not be located on a building
or structure that is listed on either the National or Pennsylvania
Register of Historic Places or the official historic structures and/or
historic districts lists maintained by the Borough, or which has been
designated by the Borough as being of historic significance.
(6)
Aviation Safety. Non-tower WCFs shall comply with all federal
and state laws and regulations concerning aviation safety.
(7)
Maintenance. The following maintenance requirements shall apply:
(a)
The non-tower WCF shall be fully automated and unattended on
a daily basis and shall be visited only for maintenance or emergency
repair.
(b)
Such maintenance shall be performed to ensure the upkeep of
the facility in order to promote the safety and security of the Borough's
residents.
(c)
All maintenance activities shall utilize nothing less than the
best available technology for preventing failures and accidents.
(8)
Radio Frequency Emissions. No non-tower WCF may, by itself or
in conjunction with other WCFs, generate radio frequency emissions
in excess of the standards and regulations of the FCC, including,
but not limited to, the FCC Office of Engineering Technology Bulletin
65, entitled "Evaluating Compliance with FCC Guidelines for Human
Exposure to Radio Frequency Electromagnetic Fields," as amended.
(9)
Removal. In the event that use of a non-tower WCF is discontinued,
the owner shall provide written notice to the Borough of its intent
to discontinue use and the date when the use shall be discontinued.
Unused or abandoned WCFs or portions of WCFs shall be removed as follows:
(a)
All abandoned or unused WCFs and accessory facilities shall
be removed within three months of the cessation of operations at the
site unless a time extension is approved by the Borough.
(b)
If the WCF or accessory facility is not removed within three
months of the cessation of operations at a site or within any longer
period approved by the Borough, the WCF and/or associated facilities
and equipment may be removed by the Borough and the cost of removal
assessed against the owner of the WCF.
(10)
Timing of Approval. Time frame for review and action (approval
or denial) on wireless facilities applications is as follows:
[Amended by Ord. No. 2021-2336, 10/12/2021]
(11)
Retention of Experts. The Borough may hire any consultant(s)
and/or expert(s) necessary to assist the Borough in reviewing and
evaluating the application for approval of the WCF and, once approved,
in reviewing and evaluating any potential violations of the terms
and conditions of this section. The applicant and/or owner of the
WCF shall reimburse the Borough for all costs of the Borough's consultant(s)
in providing expert evaluation and consultation in connection with
these activities.
(12)
Bond. Prior to the issuance of a permit, the owner of each individual
non-tower WCF shall, at its own cost and expense, obtain from a surety
licensed to do business in Pennsylvania and maintain a bond, or other
form of security acceptable to the Borough Solicitor, in the amount
of $25,000, for each individual non-tower WCF, to assure the faithful
performance of the terms and conditions of this section. The bond
shall provide that the Borough may recover from the principal and
surety any and all compensatory damages incurred by the Borough for
violations of this section, after reasonable notice and opportunity
to cure. The owner shall file a copy of the bond with the Borough.
(13)
Permit Fees. The Borough may assess appropriate and reasonable
permit fees directly related to the Borough's actual costs in reviewing
and processing the application for approval of a non-tower WCF, as
well as related inspection, monitoring and related costs, in accordance
with the Master Schedule of Fees.
6.
Non-Tower Wireless Communications Facilities Outside the Rights-of-Way.
A.
The following additional regulations shall apply to non-tower wireless
communications facilities located outside the rights-of-way that substantially
change the wireless support structure to which they are attached:
(1)
Development Regulations. Non-tower WCFs shall be co-located
on existing structures such as existing buildings or tower-based WCFs,
subject to the following conditions:
(a)
Such WCF does not exceed a maximum height of 150 feet.
(b)
If the WCF applicant proposes to locate the communications equipment
in a separate building, the building shall comply with the minimum
requirements for the applicable zoning district.
(c)
A six-foot-high security fence shall surround any separate communications
equipment building. Vehicular access to the communications equipment
building shall not interfere with the parking or vehicular circulation
on the site for the principal use.
(2)
Design Regulations.
(a)
Non-tower WCFs shall employ stealth technology and be treated
to match the supporting structure in order to minimize aesthetic impact.
The application of the stealth technology chosen by the WCF applicant
shall be subject to the approval of the Borough.
(b)
Non-tower WCFs which are mounted to a building or similar structure
may not exceed a height of 15 feet above the roof or parapet, whichever
is higher, unless the WCF applicant obtains a conditional use permit.
(c)
All non-tower WCF applicants must submit documentation to the
Borough justifying the total height of the non-tower structure. Such
documentation shall be analyzed in the context of such justification
on an individual basis.
(d)
Antennas, and their respective accompanying support structures,
shall be no greater in diameter than any cross-sectional dimension
than is reasonably necessary for their proper functioning.
(3)
Removal, Replacement, Modification.
(a)
The removal and replacement of non-tower WCFs and/or accessory
equipment for the purpose of upgrading or repairing the WCF is permitted,
so long as such repair or upgrade does not increase the overall size
of the WCF or the number of antennas.
(b)
Any material modification to a wireless telecommunication facility
shall require a prior amendment to the original permit or authorization.
(4)
Visual or Land Use Impact. The Borough reserves the right to
deny an application for the construction or placement of any non-tower
WCF based upon visual and/or land use impact.
(5)
Inspection. The Borough reserves the right to inspect any WCF
to ensure compliance with the provisions of this section and any other
provisions found within the Borough Code or state or federal law.
The Borough and/or its agents shall have the authority to enter the
property upon which a WCF is located at any time, upon reasonable
notice to the operator, to ensure such compliance.
7.
Non-Tower Wireless Communications Facilities in the Rights-of-Way.
A.
The following additional regulations shall apply to all non-tower
wireless communications facilities located in the rights-of-way:
(1)
Co-location. Non-tower WCFs in the right-of-way shall be co-located
on existing poles, such as existing utility poles or light poles.
(2)
Design Requirements:
(a)
WCF installations located above the surface grade in the public
right-of-way including, but not limited to, those on streetlights
and joint utility poles, shall consist of equipment components that
are no more than six feet in height and that are compatible in scale
and proportion to the structures upon which they are mounted. All
equipment shall be the smallest and least visibly intrusive equipment
feasible.
(b)
Antennas and all support equipment shall be treated to match
the supporting structure. WCFs and accompanying equipment shall be
painted, or otherwise coated, to be visually compatible with the support
structure upon which they are mounted.
(3)
Compensation for Right-of-Way Use. In addition to permit fees
as described above, every non-tower WCF in the right-of-way is subject
to the Borough's right to fix annually a fair and reasonable compensation
to be paid for use and occupancy of the right-of-way. Such compensation
for right-of-way use shall be directly related to the Borough's actual
right-of-way management costs, including, but not limited to, the
costs of the administration and performance of all reviewing, inspecting,
permitting, supervising and other right-of-way management activities
by the Borough. The owner of each non-tower WCF shall pay an annual
fee to the Borough to compensate the Borough for its costs incurred
in connection with the activities described above. The annual right-of-way
management fee for non-tower WCF shall be determined by the Borough
and authorized by resolution of Borough Council and shall be based
on the Borough's actual right-of-way management costs as applied to
such non-tower WCF.
(4)
Time, Place and Manner. The Borough shall determine the time,
place and manner of construction, maintenance, repair and/or removal
of all non-tower WCFs in the right-of-way based on public safety,
traffic management, physical burden on the right-of-way, and related
considerations. For public utilities, the time, place and manner requirements
shall be consistent with the police powers of the Borough and the
requirements of the Public Utility Code.
(5)
Equipment Location. Non-tower WCFs and accessory equipment shall
be located so as not to cause any physical or visual obstruction to
pedestrian or vehicular traffic, or to otherwise create safety hazards
to pedestrians and/or motorists, or to otherwise inconvenience public
use of the right-of-way as determined by the Borough. In addition:
(a)
In no case shall ground-mounted equipment, walls, or landscaping
be located within 18 inches of the face of the curb.
(b)
Ground-mounted equipment shall be located underground. In the
event an applicant can demonstrate, to the satisfaction of the Borough
Engineer, that ground-mounted equipment cannot be undergrounded, then
all such equipment shall be screened, to the fullest extent possible,
through the use of landscaping or other decorative features to the
satisfaction of the Borough.
(c)
Required electrical meter cabinets shall be screened to blend
in with the surrounding area to the satisfaction of the Borough.
(e)
Any underground vaults related to non-tower WCFs shall be reviewed
and approved by the Borough.
(6)
Relocation or Removal of Facilities. Within 60 days following
written notice from the Borough, or such longer period as the Borough
determines is reasonably necessary, or such shorter period in the
case of an emergency, an owner of a WCF in the right-of-way shall,
at its own expense, temporarily or permanently remove, relocate, change
or alter the position of any WCF when the Borough, consistent with
its police powers and applicable Public Utility Commission regulations,
shall have determined that such removal, relocation, change or alteration
is reasonably necessary under the following circumstances:
(a)
The construction, repair, maintenance or installation of any
Borough or other public improvement in the right-of-way;
(b)
The operations of the Borough or other governmental entity in
the right-of-way;
(c)
Vacation of a street or road or the release of a utility easement;
or
(d)
An emergency as determined by the Borough.
(7)
Visual or Land Use Impact. The Borough retains the right to
deny an application for the construction or placement of a non-tower
WCF based upon visual and/or land use impact.
8.
Small
Wireless Facilities (SWFs) in the Rights-of-Way.
[Added by Ord. No. 2021-2336, 10/12/2021[5]]
A.
Use of Right-of-Way. Small cell wireless facilities are permitted
within the right-of-way per Act 50 of 2021 - 5G Small Cell Technology:
(1)
The Borough shall not enter into an exclusive arrangement with
one or more provider(s).
(2)
The Borough sets a maximum annual fee per SWF. The annual fee
shall be in accordance with the Borough of Phoenixville Master Schedule
of Fees.
(3)
Size limits are set by the Act as:
(a)
The SWF shall not extend more than five feet above the existing
utility pole.
(b)
An SWF on a new or replacement utility pole shall not be taller
than 50 feet above ground level.
(c)
Each antenna associated with the deployment (excluding the
associated equipment) may be no more than three cubic feet in volume.
(d)
All other equipment associated with the facility (excluding
antennas) are cumulatively no more than 28 cubic feet in volume.
(4)
Any SWF provider seeking to install an SWF in the HARB District
must first receive HARB approval prior to issuance of any installation
permit.
(5)
Design Guidelines. The Borough may develop objective design guidelines for an SWF regarding the aesthetic impact if technically feasible. When developed, the design guidelines for an SWF will be included as an attachment to this chapter.
(6)
SWF providers are required to repair all damage directly caused
by the activities of the SWF provider and return the right-of-way
in as good of condition as it existed prior to any work being done.
If the SWF provider fails to make the repairs required by the Borough
within 30 days after written notice, the Borough may perform those
repairs and charge the SWF provider the reasonable, documented cost
of the repairs plus a penalty not to exceed $500. The Borough may
suspend the ability of an applicant to receive a new permit from the
Borough until the applicant has paid the amount assessed for the repair
costs and the assessed penalty.
B.
Permitting Process. The permitting process is established by Act
50 per the following:
(1)
The SWF use is a permitted use in the right-of-way in all zoning
districts.
(2)
An application is limited to:
(a)
Documentation that includes construction and engineering drawings
and all necessary approvals from the pole owner.
(b)
Self-certify that the filing and approval of the application
is required by the SWF provider to provide additional capacity or
coverage for wireless services.
(c)
Include documentation showing compliance with design guidelines.
(3)
The following are the timelines for applications:
(a)
Within 10 business days of receiving an application, the Borough
will determine and notify the applicant in writing whether the application
is incomplete.
(b)
An application is deemed approved if the Borough fails to approve
or deny the application within 60 days of receipt of a complete application
to collocate and within 90 days of receipt of a complete application
to replace an existing utility pole or install a new utility pole
with SWFs attached.
(c)
If an application that is denied is amended and resubmitted,
the Borough will approve or deny within 30 days of the resubmission
or the application will be deemed approved.
(d)
If the Borough receives more than one consolidated application
or 20 single applications within a 45-day period, the processing deadline
shall be extended 15 days.
(4)
A permit may be denied if:
(a)
The SWF materially interferes with the safe operation of traffic
control equipment, sight lines or clear zones for transportation or
pedestrians or compliance with the Americans with Disabilities Act
of 1990 (Public Law 101-336, 104 Stat. 327) or similar federal or
state standards regarding pedestrian access or movement.
(b)
The SWF fails to comply with applicable codes.
(c)
The SWF fails to comply with the requirements specified under
the Act.
(d)
The applicant fails to submit a report by a qualified engineering
expert which shows that the SWF will comply with applicable FCC regulations.
(5)
Consolidated Application. An applicant can file a consolidated
application for up to 20 SWFs. Each location will be independently
responded to by the Borough.
(6)
The applicant has one year from permit issuance date to complete
the work.
(7)
New Utility Poles. The Borough may require the SWF provider
to demonstrate that it cannot meet the service reliability and functional
objectives of the application by collocating on an existing utility
pole or municipal pole instead of installing a new utility pole.
(8)
When a permit is granted, the applicant may operate and maintain
SWFs and any associated equipment on a utility pole covered by the
permit for a period of not less than five years, which shall be renewed
for two additional five-year periods if the applicant is in compliance
with the criteria set forth in the Act or applicable codes consistent
with the Act and the applicant has obtained all necessary consent
from the utility pole owner.
(9)
Removal of equipment is required:
(a)
Within 60 days of suspension or revocation of a permit due to
noncompliance with the Act or applicable codes consistent with the
Act, the applicant shall remove the SWF and any associated equipment.
(b)
Within 90 days of the end of a permit term or an extension
of the permit term, the applicant shall remove the SWF and any associated
equipment.
(c)
Abandoned facilities (i.e., unused for 180 days). The Borough
expressly preserves the right to either require removal or, if the
owner fails to do so, remove the facilities themselves and recover
costs from the owner. The Borough may also include bonding requirements
that will allow the Borough to draw upon a performance bond if the
applicant fails to perform its duties under the Code.
(10)
An application is not required for:
(a)
Routine maintenance or repair work.
(b)
The replacement of SWFs with SWFs that are substantially similar
or the same size or smaller and still qualify as an SWF.
(c)
The installation, placement, maintenance, operation or replacement
of micro wireless facilities that are strung on cables between existing
utility poles by or for a communications service provider authorized
to occupy the right-of-way, in compliance with the National Electrical
Safety Code.
(11)
The Borough may require a permit for work that involves excavation,
closure of a sidewalk or closure of a vehicular lane.
(12)
Application fees shall be in accordance with the Borough of
Phoenixville Master Schedule of Fees.
C.
Municipal Poles.
(1)
Collocation is allowed on municipal poles unless the SWF would
cause structural or safety deficiencies to the municipal pole, in
which case the applicant may make modifications or replacements that
are needed to accommodate the SWF.
(2)
The Borough may require the applicant to pay the actual costs
of any "make-ready work" necessary to enable the municipal pole to
support the requested collocation.
(3)
The Borough may reserve space on an existing municipal pole
for future public safety or transportation uses in a documented and
approved plan as adopted at the time an application is filed.
[5]
Editor's Note: This ordinance also renumbered former Subsection
8 as Subsection 9.
9.
Violations Applicable to All Wireless Facilities.
A.
Penalties. Any person violating any provision of this section shall
be subject, upon finding by a Magisterial District Judge, to a penalty
not exceeding $500, for each and every offense, together with attorneys'
fees and costs. A separate and distinct violation shall be deemed
to be committed each day on which a violation occurs or continues
to occur. In addition to an action to enforce any penalty imposed
by this section and any other remedy at law or in equity, the Borough
may apply to a Federal District Court for an injunction or other appropriate
relief at law or in equity to enforce compliance with or restrain
violation of any provision of this section.
B.
Determination of Violation. In the event a determination is made
that a person has violated any provision of this section, such person
shall be provided written notice of the determination and the reasons
therefor. Except in the case of an emergency, the person shall have
30 days to cure the violation. If the nature of the violation is such
that it cannot be fully cured within such time period, the Borough
may, in its reasonable judgment, extend the time period to cure, provided
the person has commenced to cure and is diligently pursuing its efforts
to cure. If the violation has not been cured within the time allowed,
the Borough may take any and all actions authorized by this section
and/or federal and/or Pennsylvania law and regulations.
[Ord. 2227, 12-10-2013]
1.
Scope and Applicability. In all zoning districts, signs may be erected,
altered, maintained, used, removed or moved only when in compliance
with the provisions of this chapter and any other applicable ordinances
and regulations. All proposed new signs in the Downtown Historic District
must receive HARB approval prior to making or erecting the sign. Signs
existing at the time of passage of this chapter, which were legally
erected, and which do not conform with the requirements of this chapter
shall be considered nonconforming signs and, once removed, shall be
replaced only with conforming signs. Nonconforming signs may be repainted
or repaired (including the lighting), provided that the repainted
or repaired sign does not exceed the dimensions of the existing sign.
Wording may also be changed. Also see the requirements for nonconformities.
3.
General Regulations.
[Added by Ord. 2014-2244, 11/10/2014]
A.
Location of Signs. In no case, except for official traffic and street
signs, shall any sign be erected that does not conform with the following
regulations:
(1)
Public Right-of-Way. In no case, except for a Borough-installed
banner sign, shall any sign other than highway or traffic signs be
erected within or project out into the present or future right-of-way
of any street.
(2)
Entrance or Exit to a Building. No sign shall be erected or
installed in such a way as to block or obstruct any exit or entrance,
including the emergency exits or entrances, of any building or other
structure; nor shall any sign obstruct or interfere with or be attached
to any part or any fire escape or fire tower.
(3)
Signs on Public Property. No sign shall be erected or maintained
on any property owned by the Borough, except with the express permission
of the Borough as given by the Borough Council at its duly convened
public meeting.
(4)
Signs That Cause Traffic or Pedestrian Hazards. No sign shall
be placed in such a position that it will be a danger to traffic on
a street or traffic entering a street. All signs shall conform to
the following standards:
(a)
No sign shall obstruct the sight distance from any vehicle leaving
the driveway. The minimum setback from a driveway shall be 10 feet
from the nearest edge of the driveway to the nearest position of the
sign.
(b)
No sign shall obscure a motorist's view of traffic signals,
stop signs, warning devices, roadways or intersections as viewed from
a distance of 500 feet along the established thoroughfares, and no
sign shall limit a pedestrian's view of vehicular traffic to less
than 500 feet while he stands inside the curbline at an intersection
or other established crossing point.
(c)
No sign shall block the movement of pedestrians traveling on
public thoroughfares.
B.
General Sign Design Regulations.
(2)
Area of a Sign:
(a)
The area of a sign shall include all lettering, wording and
accompanying designs and symbols, together with the background, whether
open or enclosed, on which they are displayed (but not including any
supporting framework and bracing which is incidental to the display
itself).
(b)
Where the sign consists of individual letters or symbols attached
to or painted on a building's wall or window, the area shall be considered
to be that of the smallest rectangle or other geometric shape which
encompasses all of the letters and symbols.
(c)
In computing the square-foot area of a double-faced sign, only
one side shall be considered, provided both faces are identical. If
the interior angle formed by the two faces of the double-faced sign
is greater than 45°, then both sides of such sign shall be considered
in calculating the sign area.
(3)
Height of a Sign.
(a)
When a freestanding sign is located within 30 feet of a road
right-of-way, the maximum height of a freestanding sign shall be measured
from the elevation of the shoulder of the road to the highest point
of the sign structure; however, where there is a sidewalk along the
road, the height of such a sign shall be measured from the elevation
of the sidewalk. All other signs shall be measured from the ground
level at the base of the sign, provided that the ground level shall
not be graded to increase the height of the sign.
(b)
For a projecting, parallel, or roof sign, the maximum height
shall be determined by its placement on the building. See definitions.
(4)
Copy Area Calculation.
(a)
The copy area of all signs, except those listed below, shall
not exceed 75% of the total area of the sign.
(5)
Illumination of a Sign. Except for electronic message display
signs, a light illuminating a sign shall be so arranged that the source
of light is not visible from any point off the lot and so that only
the sign is illuminated. This illumination may not be direct, through
transparent or translucent materials from a source of light within
the sign structure. It may be indirect, with any projected light shielded
so that no light is visible elsewhere on the lot. Exception: Wall
signs consisting of separate characters, otherwise known as "channel
letters," may be internally illuminated.
4.
Permanent Signs. The following permanent signs may be erected as
permitted in the respective districts, provided that they are erected
and displayed in conformance with the following regulations. A portable
sign is not a permanent sign and may be permitted only as a temporary
sign.
[Added by Ord. 2014-2244, 11/10/2014]
A.
Standard Signs. There are 12 standard signs: awning, billboard, canopy,
development, electronic message display, fascia, freestanding, hanging
shingle, nameplate, projecting, wall, and window.
[Amended by Ord. 2016-2264, 6/14/2016]
(1)
Awning Sign. Requirements for awning signs:
(a)
The permanently affixed copy area of awning signs shall not
exceed an area equal to 35% of the face of the awning.
(3)
Canopy Sign. Requirements for canopy signs:
(a)
The permanently affixed copy area of canopy signs shall not
exceed an area equal to 35% of the face of the canopy, marquee or
architectural projection upon which such sign is applied.
(b)
Graphic striping, patterns or color bands on the face of a building,
canopy, marquee or architectural projection shall not be included
in the computation of sign copy area.
(4)
Development Signs (Permanent). A permanent development identification
sign may be erected upon final approval of the subdivision and land
development plans by the Borough Council in accordance with the following
regulations:
(a)
Signs and entrance structures shall be for identification purposes
only and shall give only the name of the subdivision or land development.
(b)
Such a sign shall be a single sign with two faces or may be
a single-faced sign located on each side of the entranceway.
(c)
The maximum area of a permanent development sign shall not exceed
16 square feet or a height of four feet, excluding structural elements
and decorative features.
(5)
Fascia Sign. Requirements for fascia signs:
(a)
A fascia sign shall have a minimum clearance of eight feet from
the sidewalk and shall not extend above the eaves or parapet of the
building.
(b)
Size Restrictions. The fascia sign width shall not extend within
two feet of a party wall or side of a building, and the height shall
not be greater than two feet.
(6)
Freestanding Sign. Requirements for freestanding signs:
(a)
The sign shall be set back at least eight feet from the right-of-way
line or 12 feet from the curbline, whichever is greater, at least
25 feet from the side property lines and 75 feet from any residential
district. When the seventy-five-foot setback from a residential district
cannot be achieved, the sign shall be placed to cause the least visible
interference with the adjoining residences.
(b)
If a premises or development is located or has entrances on
more than one roadway, one freestanding sign may be erected along
each frontage.
(c)
Area and Height Restrictions. The area of the sign shall not
exceed one square foot for each linear foot of the building's facade
or 50 square feet, whichever is less. The maximum height of the sign
shall not exceed 12 feet. The maximum area of the sign structure (measured
from the outside edges of the structure, on the largest cross-section,
whether solid or not) shall not exceed 80 square feet. For shopping
center land developments, with at least 150,000 square feet of gross
leasable floor area, the height and area of one freestanding sign
may be increased as follows:
1)
Maximum area of sign: 150 square feet.
2)
Maximum area of sign structure (measured from outside edges
of the structure, on the largest cross section, whether solid or not):
230 square feet.
3)
Maximum height: 22 feet. These additional area and height regulations
shall only apply if the applicant demonstrates that the design and
materials of all signs for the premises or development, and the associated
landscaping, have been designed, by a landscape architect and/or architect,
as part of an overall design for all improvements on the premises
and/or site and the area around the base of the sign shall be landscaped,
which landscaping shall conceal any lighting fixtures used for the
sign.
(d)
Freestanding signs shall not be internally illuminated.
(7)
Hanging Shingle Sign. Requirements for hanging shingle signs:
(a)
No hanging shingle sign shall project more than 36 inches beyond
the maximum extent of the structure. There must be a minimum eight-foot
clearance between the bottom of the sign and the sidewalk, and the
top of the sign may be no higher than 12 feet above the sidewalk.
(b)
For buildings 40 feet or less in width, the total area of the
sign shall not exceed six square feet. For buildings greater than
40 feet in width, the sign area shall not exceed 0.15 square foot
per linear foot of the building width. The support bracket shall not
be included in the computation of sign area.
(c)
Hanging shingle signs will not be permitted where mounting fasteners
may permanently damage historic architectural features or where the
sign(s) may obscure significant architectural features.
(8)
Nameplate Sign. Requirements for nameplate signs:
(9)
Projecting Sign. Requirements for projecting signs:
(a)
One projecting sign may be erected on a building and/or structure
fronting onto a public right-of-way if that premises has a minimum
of 40 linear feet of frontage along the public right-of-way.
(b)
A projecting sign under which a pedestrian walkway passes must
have at least an eight-foot vertical clearance and shall not extend
above the eaves or the parapet of the building.
(c)
The area of the sign shall not exceed 20 square feet. The maximum
height of the sign measured from grade shall not exceed 20 feet.
(10)
Wall Sign. Requirements for wall signs:
(a)
When a wall sign uses direct illumination, the illumination
shall be by internal neon or LED lamps only with separate letters,
characters, numbers, symbols and/or logos. No box-type direct illumination
signs are permitted. Raceways shall not exceed 25% of the measurement
of the orientation of the sign.
(b)
Area of sign calculation for a wall sign.
1)
The maximum area of the sign for all wall signs shall be no
more than 1.25 square feet of sign area per linear foot of building
wall on the side of the building on which the sign is located, measured
in the same direction of the orientation of the copy of the sign.
In the case where square is desired, the basis of the linear footage
shall be half of the combination of the two linear dimensions.
2)
No copy of a wall sign shall extend within two feet of the party
or end wall of a building.
(c)
Signs advertising a specific manufacturer's labeled product
are not permitted as wall signs.
(11)
Window Sign. Requirements for window signs:
(a)
A window sign shall consist of words or a logo, or both, but
shall not have any painted background. Window signs shall not obstruct
the view into the building from outside the window.
(c)
Window signs may not occupy more than 20% of the total area
of the storefront glassed area and no more than 50% of a single glass
pane area contained within a window.
(d)
Signs advertising a specific manufacturer's labeled product
are not permitted as window signs.
(e)
Window signs meeting the above requirements are not counted
toward the maximum number of permanent signs permitted on the building.
B.
Other Permitted Permanent Signs.
(1)
Trespassing signs or signs indicating the private nature of
a road, driveway, or premises, and signs prohibiting or otherwise
controlling fishing and hunting upon a particular premises may be
erected and maintained, provided that the size of any such sign shall
not exceed two square feet per side. Such signs do not require a permit,
provided that the applicable requirements of this chapter have been
met.
(2)
Directional, informational or public service signs, such as
signs advertising the availability of restrooms, telephones or similar
facilities of public convenience, and signs advertising meeting times
and places of nonprofit service and/or charitable clubs and organizations,
may be erected, provided that such signs do not advertise any commercial
establishment, activity, organization, product, goods or services
and that any such sign shall not exceed three square feet per side
in size. Such signs do not require a permit.
(3)
Electronic message display signs are permitted for municipal
uses and in the Corridor Development District for nonmunicipal uses.
These signs shall comply with the following:
(a)
Operational Limitations.
1)
The duration of each message shall be a minimum of five seconds.
2)
The transition time between messages shall be less than one
second.
3)
The sign must be equipped with brightness controls so that the
brightness of the sign has the ability to respond to changes in the
outside light levels.
4)
Except for traffic control signals, electronic message display
signs are prohibited within 100 feet of a traffic control device.
(b)
The location of the sign shall conform to all other applicable
regulations with regard to freestanding and wall signs.
(c)
Signs shall be no more than eight feet in height.
(d)
Sign area shall not be permitted to exceed 10 square feet.
(e)
No more than one electronic message display sign shall be placed
on an individual lot.
(f)
No electronic message display sign shall be erected within 100
feet of any other electronic message display sign.
(g)
Electronic message display signs shall be set back not more
than 35 feet nor less than 10 feet from the lot's boundary with the
public right-of-way or street, whichever is closer to the center point
of the lot, and not less than 15 feet from any neighboring lot boundary.
(4)
Electronic message display sign when incorporated within a marquee,
shall be permitted only as a conditional use in the Town Center District.
The electronic message display sign shall at a minimum comply with
the following:
[Added by Ord. No. 2018-2294, 10/9/2018]
(a)
No electronic message display sign within a marquee shall be
installed on an individual lot less than 100 feet in width.
(b)
Operational limitations of an electronic message display sign
within a marquee:
1)
The duration of each static message shall be a minimum of five
minutes.
2)
The transition time between static messages shall be less than
one second.
3)
There shall be no animation or motion other than what is allowed
in the above transition times.
4)
The electronic message display sign must be equipped with brightness
controls so that the brightness of the sign has the ability to respond
to changes in the outside light levels.
5)
Electronic message display signs are prohibited within 100 feet
of a signalized intersection.
(c)
Electronic message display signs within a marquee shall be no
more than four feet in height.
(d)
Electronic message display sign within a marquee shall not be
permitted to exceed 10 square feet or shall not be larger than the
lighted message display sign that it replaces.
(e)
No more than two electronic message display signs shall be placed
on a marquee.
5.
Temporary Signs. In addition to permanent signs, the following temporary
signs may be erected, provided that they are erected and displayed
in conformance with the following and all other applicable regulations:
[Added by Ord. 2014-2244, 11/10/2014]
A.
Temporary signs advertising political parties or candidates for election
may be erected or displayed as provided by the laws of Pennsylvania
and the United States, provided that the size of any such sign shall
not exceed four square feet.
B.
One nonilluminated sign advertising the sale or rental of a premises,
or one sign indicating that said premises has been sold or rented,
may be erected upon said premises, provided that the area of any such
sign shall not exceed four square feet for residential uses and 16
square feet for nonresidential uses. Such signs shall be removed within
20 days after agreement of sale or rental has been signed.
C.
One temporary, nonilluminated sign may be erected in connection with
the development or proposed development of certain land and/or premises
by a builder, contractor, developer, or other persons interested in
such sale or development, provided that the area of any such sign
shall not exceed 32 square feet and that the sign shall be removed
within 20 days after the last structure has been initially occupied
or upon expiration of the building permit, whichever is sooner.
D.
Temporary nonilluminated signs of mechanics or artisans may be erected
and maintained during the period such persons are performing work
on the premises on which such signs are erected, provided that such
a sign shall be removed upon completion of work by the mechanic or
artisan and that the total area of all such signs shall not exceed
four square feet.
E.
Temporary nonilluminated signs for yard sales may be erected and
maintained during the period of one week prior to the yard sale, provided
that such a sign shall be removed upon completion of the sale and
that the total area of such a sign shall not exceed four square feet.
F.
Temporary, nonilluminated signs and banners directing persons to
temporary exhibits, shows or events may be erected, subject to the
following requirements:
(1)
Signs shall not exceed 16 square feet in area.
(2)
Signs shall not be posted earlier than two weeks before the
occurrence of the event to which they are related and must be removed
within one week after the date of the exhibit, show or event.
(3)
Sandwich-board-type signs are included in this category but
are to be removed during nonbusiness hours and immediately after the
event.
G.
A temporary sign or display within a window is permitted when in
conjunction with a promotion, special event or seasonal sale, provided
that the following requirements are met:
(1)
Such a sign may be erected only for a commercial use.
(2)
Only two such signs shall be permitted in any window.
(3)
No such sign shall be illuminated.
(4)
The total area of such signs shall not exceed 40% of the total
area of the window, and such signs shall not be placed where they
restrict the view of a permanent window sign.
(5)
Such a sign may be displayed for a period not exceeding 14 days
without requiring a sign permit.
(6)
Temporary sign for new owner or tenant while HARB application
is in process. A new "Store Opening" sign or banner placed as a temporary
sign is permitted as part of the standard building and occupancy permit;
however, a sign application for HARB review shall be submitted to
the Borough Zoning Officer prior to sign erection. One temporary sign
or banner may be posted for maximum of 45 days from the date of HARB
application. Temporary signs must be date-stamped with both the application
date and the date the sign must be removed on a border of the sign
that is visible from the public walkway.
6.
Exempted Signs. In addition to the signs that do not require a permit,
as previously noted, the following signs do not require a permit,
provided that the applicable requirements of this chapter have been
met:
[Amended by Ord. 2014-2244, 11/10/2014]
A.
Governmental flags or insignias.
B.
Legal notices.
C.
Memorial signs or historical signs, provided such a sign does not
exceed four square feet.
D.
Window signs giving store hours, "Open" or the name or names of credit
or charge institutions, provided that the total area of any such sign
or all signs together does not exceed two square feet.
E.
Signs which are a permanent architectural feature of a building or
a structure, such as a cornerstone, or identifying letters carved
or embossed on a building, provided that the letters are not made
of a reflective material and do not contrast in color with the building.
F.
Bunting, pennants and similar materials are permitted to announce
the opening of a new business or industry and must be removed after
seven days of the opening day or the first day of business.
G.
Revolving barbershop pole signs are permitted, provided that such
a sign does not exceed 36 inches in height.
H.
Flags used as projecting signs shall comply with the following:
(1)
They shall be displayed only when the business (occupant of
the building to which the flag is attached) is open and shall be removed
when the business is closed;
(2)
Only one such flag is permitted for each street frontage of
the building and must be displayed only on that frontage;
(3)
The flag shall not obstruct or interfere with the pedestrian
walkway;
(4)
No part of the flag shall extend above the eaves or parapet
of the building; and
(5)
The area of the flag shall not exceed 15 square feet.
7.
Prohibited Signs. The following signs are unlawful and prohibited:
[Amended by Ord. 2014-2244, 11/10/2014]
A.
No signs shall be of a flashing, rotating, revolving or electronic
messaging type, with the exception of barber poles which are used
for barbershops only.
B.
Any sign suspended.
C.
Any sign attached to a tree or utility pole, or painted or drawn
on a rock or other natural feature, is prohibited. For purposes of
this regulation, "attached to" a tree means connected, supported and/or
affixed by any method penetrating the surface of the bark of the tree.
D.
No sign may use the words "Stop," "Look," "Danger," or any other
word or character which attempts or appears to attempt to direct the
movement of traffic or which interferes with or resembles any official
traffic sign, signal, or device within 75 feet of a public right-of-way
or within 200 feet of a traffic control device, whichever is greater.
8.
Permits, Construction, Maintenance, and Violations.
[Amended by Ord. 2014-2244, 11/10/2014]
A.
Permits Required.
(1)
The permit must be obtained from the Borough before the erection
of any signs within the Borough, unless specifically exempted herein.
(2)
Exemptions from the necessity of securing a permit, however,
shall not be construed to relieve the owner of the sign involved from
the responsibility of erecting such a sign in a safe manner and in
a manner which is in accord with all the other provisions of this
chapter.
(3)
Application Requirements. To obtain a sign permit, an applicant
shall make application on a form provided by the Borough.
B.
Construction Requirements. All signs shall meet the design and construction
requirements of the UCC Uniform Construction Code. Electrical message
display signs shall be manufactured in accordance with the Underwriters'
Laboratories specifications and shall bear the laboratory label.
C.
Maintenance Requirements. Every sign permitted by this chapter must
be constructed of durable materials and kept in good condition and
repair.
D.
Removal or Abandonment of Signs.
(1)
The owner of any property or premises upon which any sign is
erected shall be responsible for its complete removal at such time
as the circumstances which caused its erection have ceased to exist,
such as a commercial tenant vacating the premises, or at such other
time that the sign must be removed under any other provision of this
chapter. If the owner of any property upon which a sign has been erected
shall fail or neglect to remove it as hereinabove required, the Zoning
Officer shall give notice to the owner by certified mail to remove
the sign. If this letter is returned undelivered, for any reason,
he may post such notice upon the premises. If, upon the expiration
of 30 days following such notice, the owner fails to remove the sign,
the owner shall be in violation of this chapter. At any time after
the expiration of the thirty-day period, the Zoning Officer may arrange
for the sign's (signs') removal on behalf of the Borough and shall
bill the owner for the cost of such work, plus 10% for administrative
cost. If such a bill remains unpaid after the expiration of 30 days,
the Borough's Solicitor shall take the necessary steps to collect
the same. Failure of a property owner to remove such a sign after
the notice hereinabove has been provided shall constitute a violation
of the terms of this chapter, and each day's continuance of such failure
shall constitute a separate violation.
(2)
If the owner of any sign in violation of any of the provisions
of this chapter is not the owner of the premises on which it is situated,
identical notices, as specified above, may be issued to him in like
manner, and the owner of the sign shall be required to take such steps
as to comply with the notice or notices issued to him as though he
were the owner of the property or premises on which the sign is located;
if the owner of the sign fails to comply, such failure shall constitute
a violation of the terms of this chapter, and the owner of the sign
shall then be liable to the same extent as the owner of the property
or premises on which the sign is located.
E.
Unsafe and Unlawful Signs. If the Zoning Officer finds that any sign, regulated herein, is unsafe or insecure or is a menace to the public or has been constructed, erected, or maintained in violation of the provisions of this chapter, he shall give notice [in the same manner as in this § 27-606, Subsection 8D(1)] to the party to whom the permit was originally issued for erection of the sign, or to the owner of the sign, or to any combination of the parties thereof, to remove or alter the sign so as to comply with this chapter. If the parties notified fail to remove or alter the sign to comply with the standards herein set forth within 30 days after such notice, the parties shall be in violation of this chapter, and such sign may be removed or altered by the Building Inspector at the expense of each and every person notified. The expenses of removal or alteration shall be computed and paid for by the parties notified, in the same manner as in this § 27-606, Subsection 8D(1), and the same sanctions shall apply. The Zoning Officer may cause any sign or other advertising structure which is an immediate peril to persons or property to be removed summarily and without notice.
F.
Fines and Costs. The owner of the property and/or the owner of the sign violating any regulation of this § 27-606 shall be liable for a fine for each such violating sign, and each day that the violation continues shall be a separate offense as more fully set forth in § 27-1102. In addition to this fine, the owner of the property and/or owner of the sign shall also be responsible for the cost for removing the sign(s) and the repair of any damage caused by the sign, its erection and/or the violation.
G.
Insurance. It shall be unlawful for any individual, partnership,
corporation, or other entity to erect, repair or maintain electrical
signs, regardless of the size and location, or any nonelectrical signs
which are higher than 10 feet above grade or are larger than 24 square
feet, without submitting a certificate of insurance to the Building
Inspector's office in the amount of $100,000 and $300,000 for personal
injury liability, as well as $25,000 for property damage.
[Added by Ord. 2235, 7/8/2014]
1.
Fences.
A.
Front, side and rear yard requirements do not apply to fences or
walls six feet and under in height above the natural grade of the
required yard area; nor do they apply to terraces, steps, uncovered
porches or other similar features not over three feet high above the
level of the floor of the ground story. Where fences are erected directly
on the property line or within three feet of the property line, the
height of the fence shall be measured from the average grade levels
between the two properties.
B.
Where new fences are erected parallel to a neighbor's existing residential
building wall that contains windows to habitable spaces, any solid
board or similar visually obstructed fence erected within 10 feet
of said wall shall not project any higher than the top of the windowsill
(basement windows excluded). All fences and walls shall have a maximum
height of six feet.
[Ord. 2227, 12-10-2013; as amended by Ord. 2235, 7/8/2014]
1.
Satellite Earth Stations or Dish Antennas.
A.
Satellite earth stations or dish antennas shall be permitted in all
districts with the provision that the installation meets the following
requirements:
(1)
Only one antenna per lot.
(2)
No installation in front yards.
(3)
The installation shall meet all side and rear setback requirements.
(4)
The installation shall be suitably screened to prevent view
from surrounding properties and under any conditions shall not be
visible from a public right-of-way.
(5)
The owner of the property shall remove, or facilitate the removal,
of the satellite earth station or dish antenna within 30 days of any
discontinuance of service to the device.
(6)
The owner of the property shall remove, or facilitate the removal,
of the satellite earth station or dish antenna from the property prior
to the sale of the property to a new owner and also prior to entering
into a lease agreement with a new tenant.
2.
Solar Energy Systems.
B.
Solar energy systems shall be allowed in any zoning district and
may be installed upon receipt of the necessary construction, electrical
and/or mechanical permit(s), and this applies to solar energy systems
to be installed and constructed for residential or commercial use.
C.
Solar energy systems that are the primary use of a lot may be governed
by additional regulations as set forth in the Uniform Construction
Code, other sections of the Zoning Ordinance or Subdivision and Land
Development Ordinance.
D.
Applicability.
(1)
These provisions shall apply to solar energy systems to be installed
and constructed after the effective date of this chapter and all applications
for solar energy systems on existing structures or property.
(2)
Solar energy systems constructed prior to the effective date
of this chapter shall not be required to meet the requirements of
this chapter.
(3)
Any upgrade, modification, or structural change that materially
alters the size or placement of an existing solar energy system shall
comply with the provisions of this chapter.
E.
Design and Installation.
(1)
To the extent applicable, the solar energy system shall comply
with the Pennsylvania Uniform Construction Code, Act 45 of 1999, as
amended, and the regulations adopted by the Department of Labor and
Industry.
(2)
The design of the solar energy system shall conform to applicable
industry standards.
F.
Setbacks and Height Restrictions.
(1)
A solar energy system may be installed as long as it meets the
requirements of this chapter with respect to setback and height restrictions
in the subject zoning district and all other applicable construction
codes. A roof-mounted solar energy system shall conform to the height
regulations of the zoning district where the solar energy system is
installed.
G.
Ground-Mounted Solar Energy System.
(1)
A ground-mounted solar energy system must comply with all setback
and height requirements for the zoning district where the solar energy
system is to be installed.
(2)
All exterior electrical and/or plumbing lines must be buried
below the surface of the ground and be placed in a conduit.
(3)
A ground-mounted solar energy system must comply with the accessory
structure restrictions contained in the zoning district where the
ground-mounted solar energy system is located.
3.
Wind Energy Facilities and Wind Turbines.
B.
A wind energy facility shall be considered a conditional use allowed
in all zoning districts in the Borough, subject to those standard
requirements set forth in the conditional use section of this chapter
and the following additional provisions set forth in this section
of this chapter.
C.
Design and Installation.
(1)
To the extent applicable, the wind energy facility shall comply
with the Pennsylvania Uniform Construction Code, Act 45 of 1999, as
amended, and the regulations adopted by the Department of Labor and
Industry.
(2)
The design of the wind energy facility shall conform to applicable
industry standards, including those of the American National Standards
Institute. The applicant shall submit certificates of design compliance
obtained by the equipment manufacturers from Underwriters' Laboratories,
Det Norske Veritas, Germanishcer Llloyd Wind Energies, or other similar
certifying organizations.
(3)
All wind energy facilities shall be equipped with a redundant
braking system. This includes both aerodynamic overspeed controls
(including variable pitch, tip, and other similar systems) and mechanical
brakes. Mechanical brakes shall be operated in a fail-safe mode. Stall
regulation shall not be considered a sufficient braking system for
overspeed protection.
(4)
All electrical components of the wind energy facility shall
conform to relevant and applicable local, state and national codes
and relevant and applicable international standards.
D.
Visual Appearance; Power Lines.
(1)
Wind turbines shall be a nonobtrusive color, such as white,
off-white or gray.
(2)
Wind energy facilities shall not be artificially lighted, except
to the extent required by the Federal Aviation Administration or other
applicable authority that regulates air safety.
(3)
Wind turbines shall not display advertising, except for reasonable
identification of the turbine manufacturer, facility owner and operator.
(4)
On-site transmission and power lines between wind turbines shall,
to the maximum extent practicable, be placed underground.
E.
Warnings.
(1)
A clearly visible warning sign concerning voltage must be placed
at the base of all pad-mounted transformers and substations.
(2)
Visible, reflective, colored objects, such as flags, reflectors,
or tape, shall be placed on the anchor points of guy wires and along
the guy wires up to a height of 10 feet from the ground.
G.
Setbacks.
(1)
Wind turbines shall be set back from the nearest occupied building
a distance not less than the greater of the maximum setback requirements
for that zoning classification where the turbine is located or 1.1
times the turbine height, whichever is greater. The setback distance
shall be measured from the center of the wind turbine base to the
nearest point on the foundation of the occupied building.
(2)
Wind turbines shall be set back from the nearest occupied building
located on a nonparticipating landowner's property a distance of not
less than five times the hub height, as measured from the center of
the wind turbine base to the nearest point on the foundation of the
occupied building.
(3)
All wind turbines shall be set back from the nearest property
line a distance of not less than the greater of the maximum setback
requirements for that zoning classification where the turbine is located
or 1.1 times the turbine height, whichever is greater. The setback
distance shall be measured to the center of the wind turbine base.
(4)
All wind turbines shall be set back from the nearest public
road a distance of not less than 1.1 times the turbine height, as
measured from the right-of-way line of the nearest public road to
the center of the wind turbine base.
H.
Local Emergency Management Services.
(1)
The applicant shall provide a copy of the project summary and
site plan to local emergency services, including paid or volunteer
fire department(s).
(2)
Upon request, the applicant shall cooperate with emergency services
to develop and coordinate implementation of an emergency response
plan for the wind energy facility.
I.
Noise and Shadow Flicker.
(1)
Audible sound from a wind energy facility shall not exceed 55
dBA, as measured at the exterior of any occupied building on a nonparticipating
landowner's property. Methods for measuring and reporting acoustic
emissions from wind turbines and the wind energy facility shall be
equal to or exceed the minimum standards for precision described in
AWEA Standard 2.1 - 1989, titled "Procedures for the Measurement and
Reporting of Acoustic Emissions from Wind Turbine Generation Systems,
Volume I: First Tier." The municipality may grant a partial waiver
of such standards where it has determined that literal enforcement
will exact undue hardship because of peculiar conditions pertaining
to the land in question and provided that such waiver will not be
contrary to the public interest.
(2)
The facility owner and operator shall make reasonable efforts
to minimize shadow flicker to any occupied building on a nonparticipating
landowner's property.
J.
Decommissioning.
(1)
The facility owner and operator shall, at their expense, complete
decommissioning of the wind energy facility, or individual wind turbines,
within 12 months after the end of the useful life of the facility
or individual wind turbines. The wind energy facility or individual
wind turbines will presume to be at the end of their useful life if
no electricity is generated for a continuous period of 12 months.
(2)
Decommissioning shall include removal of wind turbines, buildings,
cabling, electrical components, roads, foundations to a depth of 36
inches, and any other associated facilities and shall be the responsibility
of the property owner if the facility owner and operator does not
decommission the facility in the time period allotted.
