A. 
Municipal buildings and uses. This chapter shall not apply to any building of the Borough if the Borough Council shall, after a public hearing, decide that such building or extension thereof or such use of any premises is reasonably necessary for the convenience or welfare of the public, provided that any municipal recreational building or use may be established by the Borough Council at any location in the Borough without holding such public hearing.
B. 
Public utility buildings and uses. This chapter shall not apply to any existing or proposed building or extension thereof, used or to be used by a public utility corporation, if, upon petition of such corporation, the Pennsylvania Public Utility Commission shall, after a public hearing, decide that the present or proposed situation of the building in question is reasonably necessary for the convenience or welfare of the public.
C. 
Schools, hospitals, churches and other public buildings. In districts where permitted, these uses shall meet the following requirements:
(1) 
Lot coverage. Lot area covered by all buildings, including accessory buildings, shall not be greater than 35% of the area of the lot.
(2) 
Yard regulations. Each lot shall have yards not less than the following depths or widths:
(a) 
Setback or front yard depth: 25 feet.
(b) 
Side yards: two in number, neither shall be less than 10 feet.
(c) 
Rear yard depth: 25 feet.
(3) 
Off-street parking. Parking shall be provided in accordance with the provisions of Article XI. Portions of the required front yard setback may be used for off-street parking when authorized as a special exception.
(4) 
Service access drives shall be at least 15 feet wide and not over 25 feet wide and shall be permitted to cross required yard areas, provided that the center line of the permitted drive shall not be at a lesser angle to the street line than 60°.
[Amended 1-2-1976 by Ord. No. 2; 6-4-1979 by Ord. No. 36]
No structure and/or lot shall be used, altered or erected for any of the conditional uses listed herein, except in districts where permitted, when authorized by the Borough Council, and further subject to all area controls set forth for the specific district in which said use is being proposed for location, and the application procedures, approval criteria, and performance standards set forth in this section.
A. 
Clubs, lodges, and fraternal organizations. These and similar uses are restricted to those not conducted primarily for gain, although a dining room may be operated for the benefit of club members, provided that no sign advertising the sale of food or beverages will be permitted. Buildings or structures hereafter converted or erected for such use are subject to all applicable regulations for the district in which the facility is to be located.
B. 
Animals and poultry. Operations involving the use of buildings and land for farming, nurseries, greenhouses, riding academies, livery or boarding stables, dog kennels, animal hospitals, stock raising, dairying and poultry shall be permitted in the districts as provided herein, subject to the following restrictions:
(1) 
No building in which animals or poultry are kept shall be hereafter erected, altered or used within 150 feet of any lot line.
(2) 
No storage of manure or odor- or dust-producing substance or use shall be permitted within 150 feet of any lot line.
(3) 
No greenhouse heating plant shall be operated within 100 feet of any lot line.
C. 
Veterinary facilities for the care of animals by a veterinarian but not to include space for the permanent lodging or boarding of animals. Permitted facilities and space shall not include facilities and space for treatment and/or care of horses, cattle, goats, sheep or similar animals. No space for the permanent storage or lodging of birds will be permitted.
(1) 
The intent of this chapter is to permit facilities necessary to the treatment of sick or otherwise ailing pets normally permitted within the house and yard and to include dogs, cats, canaries, parakeets, and similar household pets.
(2) 
All structures constructed for the above permitted uses shall conform to the yard, setback, and service requirements for the district in which it is located, and further provided that structures for the housing of animals shall not be closer than 65 feet to the nearest residence.
D. 
Natural production uses. There may be permitted, upon approval by the Borough Council, the excavation and sale of sand, gravel, clay, shale or other natural mineral deposits, or the quarrying of any kind of rock formation, subject to the following conditions:
(1) 
Open excavations.
(a) 
In the case of any open excavation, there shall be a substantial fence where that portion of the property in which excavation is located is within 500 feet of a school, church, playground, picnic area, park, residence, built-up area, or other area for public congregation;
(b) 
No top of the slope or quarry wall shall be nearer than 100 feet to any property line or street line;
(c) 
No rock crusher, cement plant or other crushing, grinding, polishing or cutting machinery or other physical or chemical process for treating such products shall be permitted in residence districts, and, when in other districts, such operations shall be subject to such conditions and safeguards defined in § 500-11H.
(2) 
Strip mining. Strip mining will be permitted in I Industrial Districts when authorized as a conditional use, as a result of a public hearing thereon by the Borough Council, duly advertised as provided by law, and requested by the owner of the land under question for a designated coal stripper or coal stripping company. Upon approval and issuance of a permit for coal stripping operations, the following controls shall be strictly enforced and adhered to:[1]
(a) 
The designated coal stripper shall begin operations within a sixty-day period from the date of issuance of the permit, or the permit shall be revoked at the expiration of said period.
(b) 
The designated coal stripper shall complete operations within a designated period of time to be determined by the Borough Council, upon due consideration as to the extent of the permitted operation. Upon expiration of the period of time as set herein by the Borough Council, the coal stripper must cease operations and commence backfilling and scar removal as hereinafter provided. The coal stripper may present to the Borough Council a request for an extension of time setting forth his reasons for such a request; the Council may grant an extension of time, provided, in its opinion, the coal stripper was held back in his operation through unforeseen circumstances deemed to be no fault of his own. However, should an extension of time be refused by the Council, then the coal stripper must cease operations as hereinbefore stated. Failure of the coal stripper to cease operations shall constitute a violation of this chapter, and each and every day that he continues operation after said expiration shall constitute a separate offense punishable by a fine of not more than $1,000 per day.
(c) 
Prior to the stripping operation, the designated coal stripper shall deposit a bond issued by a reputable bonding company in the amount of $1,000 for each and every acre of ground proposed to be stripped during the first twelve-month period starting with the issuance date of the stripping permit. Said bond may be continued and be used for additional acreage to be stripped during the next and succeeding periods of time, provided that all backfilling be completed for the area bonded before a transfer or continuation of bond be permitted. Said bond shall be returned to the coal stripper upon completion of the backfilling operation as hereinafter provided. Failure to complete backfilling as required by this chapter shall be deemed just cause for forfeiture of the bond, and the backfilling shall be completed by the company that issued the bonds in accordance with this chapter.
(d) 
Backfilling. The operation of backfilling after all surface excavation is completed shall be done so as to achieve the following:
[1] 
Recreate the original contour as nearly as possible so that no visible difference in grade will be apparent between the backfilling area and the adjoining land.
[2] 
The entire area disturbed by the stripping and backfilling operation shall be planted in such a manner as to control soil erosion. This planting shall be in accordance with the desires of the property owner and subject to the approval of the Borough Council.
[3] 
Backfilling operations shall commence within 10 days after the expiration date of the permit for stripping operations [Subsection D(2)(b)] and shall be a continuous operation until completed. Final approval shall be by the Borough Council.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(3) 
Deep mining. Deep mining shall not be permitted except by specific permission from the Borough Council after a public hearing thereon and subject to restrictions and controls as deemed necessary.
E. 
Dumps and dumping of all kinds, including sanitary landfills, when operated under authorization and strict supervision of the Borough Council, or such qualified inspector as shall be appointed by the Borough Council.
F. 
Trailer camps. In districts where permitted, trailer camps shall be subject to the following safeguards and regulations:
(1) 
The driveways, exits, entrances, and walks shall be lighted and paved in accordance with municipal standards. One-way traffic driveways shall be not less than 12 feet wide, and two-way traffic driveways shall be not less than 22 feet wide.
(2) 
An area of not less than 2,000 square feet shall be provided for each trailer coach.
(3) 
The minimum width of each trailer space shall be 40 feet.
(4) 
The minimum depth of each trailer space shall be not less than 50 feet or 30% longer than the length of the trailer, whichever requirement is the greater.
(5) 
Each trailer coach shall be located not less than 20 feet from any building or other trailer and not less than 20 feet from the lot line bounding adjacent property.
(6) 
Separate provision shall be made for the parking of two vehicles at a location removed from the trailer spaces, and there shall be one off-street parking space not less than 10 feet wide and 20 feet long for each trailer space in the camp.
(7) 
In addition to the off-street parking required in Subsection F(6) above, there shall be additional off-street parking spaces required equal to 1/2 the number of trailer spaces provided in the trailer camp.
(8) 
The plan of any proposed trailer camp development shall be presented to the Borough Council for approval before any trailer shall be permitted on the site.
(9) 
Sewers. Each trailer camp shall be provided with sewage disposal facilities. The proposed provisions for sewerage shall be presented to the Borough Council for approval before any trailer shall be permitted on the site. Approval shall be given only when a collective-type sewerage facility is to be provided.
G. 
Trailers. Trailers shall not be permitted in any district except when located in an approved trailer camp or when authorized as a special exception, and when authorized, shall be subject to the following:
(1) 
A temporary permit shall be required, and said permit, if issued, shall indicate the period of time for which the exception was granted, and further that no temporary permit shall be issued for any period exceeding one year.
(2) 
Any person, firm, or corporation holding a legal temporary permit may apply for an extension of time, not to exceed 90 days. Such application shall set forth the reason or reasons necessitating the extension.
(3) 
The Zoning Hearing Board shall grant an extension of the temporary permit time limit if, in its opinion, the person, firm, or corporation encountered unforeseen circumstances deemed to be no fault of their own in carrying out the operations for which the original temporary permit was issued.
H. 
Conditional use application and approval.
(1) 
General. Conditional uses as specified in this chapter may be allowed or denied by the Borough Council after recommendations by the Zoning Hearing Board in accordance with the criteria and provisions below.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(2) 
Application. Applications for conditional uses will be filed with the Zoning Officer and shall be accompanied by:
(a) 
An application fee in an amount equal to that set by resolution of the Borough Council.
(b) 
Five copies of a site plan and supporting data which shows the size, location, and topography of the site; the use of adjacent land; the proposed size, bulk, use and location of buildings; the location and proposed function of all yards, open spaces, parking areas, driveways, storage areas and accessory structures; the location of all utilities; the provisions for parking, moving or loading of vehicles; and the timing of construction proposed.
(3) 
Application. The Zoning Officer shall forward copies of the application to the Borough Council and to the Zoning Hearing Board for review and approval.[3]
(a) 
The Zoning Hearing Board shall forward its recommendation within 45 days, unless the petitioner agrees in writing to a time extension, and failure to act within the allotted time shall be deemed to be a favorable recommendation.
(b) 
The Borough Council may attach such conditions as it deems necessary to the approval of any conditional use. The approved site plan and all attached conditions shall be recorded by the petitioner within 30 days of final approval. All development, construction and use shall be in accordance with the approved plan, unless a revised plan is submitted, approved and recorded. Any development contrary to the approved plan shall constitute a violation of this chapter.
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(4) 
Criteria for approval. A conditional use shall be approved if and only if it is found to meet the following criteria:
(a) 
The proposed use conforms to the district and conditional use provisions and all general regulations of this chapter.
(b) 
The proposed use meets all special standards which may apply to its class of conditional uses as set forth in this article.
(c) 
The proposed use shall not involve any element or cause any condition that may be dangerous, injurious, or noxious to any other property or persons and shall comply with the performance standards of § 500-11H(5).
(d) 
The proposed use shall be sited, oriented and landscaped to produce a harmonious relationship of buildings and grounds to adjacent buildings and properties.
(e) 
The proposed use shall produce a total visual impression and environment which is consistent with the environment of the neighborhood.
(f) 
The proposed use shall organize vehicular access and parking to minimize traffic congestion in the neighborhood.
(g) 
The proposed use shall preserve the objectives of this chapter and shall be consistent with the Comprehensive Plan.
(5) 
Performance standards. All conditional uses shall comply with the requirements of this section. In order to determine whether a proposed use will conform to the requirements of this chapter, the Borough Council may obtain a qualified consultant to testify, whose cost for services shall be borne by the applicant.
(a) 
Fire protection. Fire prevention and fighting equipment acceptable to the Board of Fire Underwriters shall be readily available when any activity involving the handling or storage of flammable or explosive materials is carried on.
(b) 
Electrical disturbance. No activity shall cause electrical disturbance adversely affecting radio or other equipment in the vicinity.
(c) 
Noise. Noise which is determined to be objectionable because of volume, frequency, or beat shall be muffled or otherwise controlled, except fire sirens and related apparatus used solely for public purposes shall be exempt from this requirement.
(d) 
Vibrations. Vibrations detectable without instruments on neighboring property in any district shall be prohibited.
(e) 
Odors. No malodorous gas or matter shall be permitted which is discernible on any adjoining lot or property.
(f) 
Air pollution. No pollution of air by fly ash, dust, smoke, vapors, or other substance shall be permitted which is harmful to health, animals, vegetation or other property.
(g) 
Glare. Lighting devices which produce objectionable direct or reflected glare on adjoining properties or thoroughfares shall not be permitted.
(h) 
Erosion. No erosion by wind or water shall be permitted which will carry objectionable substances onto neighboring properties.
(i) 
Water pollution. Water pollution shall be subject to the standards established by the Department of Environmental Protection.[4]
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Amended 3-3-1997 by Ord. No. 3-4-B; 4-7-1997 by Ord. No. 4-1]
A. 
As provided herein, a building may not be erected, altered or used for any trade, industry or business that is obnoxious or offensive by reason of odor, dust, smoke, gas, vibration, illumination or noise or otherwise creates a nuisance or hazard to public health, safety, and welfare. In addition to uses that may be prohibited by reason of the above, the following uses are specifically prohibited:
(1) 
The incineration, reduction, or storage of offal, animals, fish or refuse.
(2) 
The tanning or storage of rawhides or skins and fat rendering.
(3) 
The manufacture of gunpowder, fireworks, liquid gas, or other explosives, excepting as may be a by-product of other manufacturing operations.
(4) 
Slaughterhouses, stockyards and fertilizer plants.
B. 
No person, partnership, corporation or entity shall sell, exhibit or show for remuneration any obscene motion-picture film, obscene literature (book, magazine, pamphlet, newspaper, storybook, paper comic book, writing, drawing, photograph, figure, image, or any written or printed matter), or a person(s) displaying parts or portions of his/her/their bodies in an obscene fashion as defined herein.
C. 
No structure now in existence or future structure shall be used for any of the uses prohibited in Subsection B above.
[Amended 1-20-1976 by Ord. No. 2]
A. 
A certificate of nonconformance shall be issued by the Zoning Hearing Board for all structures in conflict with the use designated for the zone in which they are situated, when requested by the owner of such structure. (See Article XIV, § 500-64B.)
B. 
Continuation. Any lawful use of a structure or land existing at the effective date of this chapter may be continued although such use does not conform to the provisions of this chapter.
C. 
Extensions. A nonconforming use of a building may be extended throughout the building if no structural alterations are made therein, provided that such extension may include structural alterations when authorized as a special exception.
(1) 
A nonconforming use may be extended upon a lot occupied by such use and held in single and/or separate ownership at the effective date of this chapter when authorized as a special exception, provided that such extension does not replace a conforming use and does not violate the yard requirements of the zone in which the nonconforming use exists.
D. 
Changes. A nonconforming use of a building or land may be changed to a use of an equal or more restricted classification or to a conforming use, but such use shall not thereafter be changed to a use of less-restricted classification.
E. 
Restoration. A nonconforming building and/or structure which has been damaged or destroyed by fire or other causes to the extent that replacement cost will exceed 75% of its real value prior to damage, or a nonconforming building which has been legally condemned, may not be reconstructed and used for any nonconforming use.
F. 
Abandonment. If a nonconforming use of a building or land ceases for a period of one year or more, subsequent use of such building or land shall be in conformity with the provisions of this chapter.
G. 
Building permits for nonconforming uses. In a case where a building permit has been issued prior to the effective date of this chapter and the proposed use of land and/or building does not conform with this chapter, said proposed use shall be considered the same as a lawful nonconforming use if construction other than excavation and foundations is undertaken within a period of 30 calendar days after the issuance date of said building permit and construction thereof is completed within 12 calendar months from the issuance date of the building permit.
A. 
Height regulations, minimum. No structure shall be hereafter erected less than one story in height.
B. 
Height exceptions. The height limitation of this chapter shall not apply to church spires, belfries, cupolas, penthouses and domes not used for human occupancy, nor to chimneys, ventilators, skylights, water tanks, bulkheads, utility poles or towers, silos, television antennas and similar features, to include necessary mechanical or ornamental appurtenances usually carried above the roof level.
The minimum habitable floor area of residential dwellings shall be in accordance with the requirements of the Pennsylvania Uniform Construction Code. See Chapter 216, Construction Codes, Uniform, of the Code of the Borough of Burgettstown.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
In a case where a lot is not connected to the public water and sanitary sewer system or such other water and sewer systems that may exist and be approved by the Borough Council, the lot area per family shall be not less than 20,000 square feet, and in all such cases the lot area shall be of sufficient size to provide open area for the installation of a septic tank and the necessary field drain tile of a size, length and in the manner specified by the Borough Council.
B. 
No lot area shall be so reduced that the area of the lot or the dimensions of the open spaces shall be smaller than herein prescribed.
C. 
In the case of a lot held in single and separate ownership at the effective date of this chapter which does not fulfill the requirements for the minimum area for the district in which it is located, a building may be erected or altered thereon when authorized as a special exception.
D. 
In the case of a lot held in single and separate ownership at the effective date of this chapter and/or in the case of new developments, which, because of unusual conditions of slope, depth or width, have difficulty in providing the required open spaces of the district in which they are located, the required open spaces may be decreased when authorized as a special exception.
E. 
Access to lots. No dwelling shall hereafter be erected or altered unless there is direct access to it through an open space on the same lot. Such open space shall be at least 12 feet wide and shall extend from the dwelling to a public street or highway, or to a private street or highway having a cartway so constructed and maintained that vehicles of all kinds may readily pass over it at all seasons of the year. For the purpose of this section, an alley shall not constitute a public street or highway.
A. 
Front yard exception. When the setback of existing buildings is greater than the minimum required, the required setback of a building hereafter erected shall be the same as or greater than the average setback of existing buildings in the same block on the same side of the street.
(1) 
The front yard of a proposed building may be decreased in depth to the average formed by the alignment of existing buildings within 100 feet on each side of the proposed building, and within the same block, if such alignment of existing buildings is less than the front yard requirement for the district.
(2) 
In the case of a corner lot, the front yard on the long dimension may be reduced by an amount not to exceed 30% of the required front yard depth for the district in which the lot lies.
B. 
Buffer yards. Where a manufacturing district abuts a residential district, a buffer yard of not less than 30 feet shall be required.
(1) 
Where a manufacturing district abuts a street that abuts a residential district, a buffer yard of not less than 15 feet shall be required.
(2) 
Where a manufacturing district abuts a stream, a buffer yard of not less than 15 feet shall be required.
(3) 
All of the foregoing buffer yards shall be planted and maintained with a vegetative material to include a row of trees not more than 40 feet on center.
(4) 
Buffer yards other than interior side buffer yards may be crossed by access roads, service drives, and utility easements not more than 35 feet in width, provided that the angle of the center line of the road, drive, or easement crosses the lot line and buffer yard at not less than 60°.
A. 
Rear dwelling. In a residence district, no building to the rear of and on the same lot with a main building shall be erected or used for residence purposes, except an accessory building for domestic employees of the owners or tenants of the main building.
B. 
Accessory building. Accessory buildings shall not be constructed within any front yard, side yard, or rear yard, unless authorized by a special exception.
C. 
Projections. No principal building, and no part of a principal building, shall be erected within, or shall project into, the front, side, or rear yard of a lot, except cornices, eaves and gutters. Steps and stoops or chimneys are permitted to project into yard areas, provided that the projection is not more than 18 inches.
D. 
Vision obstruction. No wall, fence, sign or other structure shall be erected or altered, and no hedge, tree, shrub, or other growth shall be maintained or permitted, which may cause danger to traffic on a street or public road by obscuring the view.
E. 
Fences and walls. No fence or wall (except a retaining wall or a wall of a building permitted under the terms of this chapter) over six feet in height shall be erected within any of the open spaces required by this chapter unless that portion of the fence or wall exceeding six feet in height shall contain openings therein equal to 50% or more of the area of said portion of the fence or wall, provided that the required openings shall be deemed to include any openings that occur in that portion of the fence or wall that is within the first six feet of height of the fence measured from the ground.
[Amended 12-4-2000]
Where a court is provided for the purpose of furnishing adequate light and air, or where a court is otherwise provided, such court shall conform to the following requirements:
A. 
An open space in the form of an inner court or outer court shall be provided, in connection with any building in any residence or business district, wherever any room therein, in which a person or persons live, work, sleep or congregate, cannot be adequately lighted and ventilated from the street or yard. Such court shall be adjacent to such room, the windows of which shall open in such court.
B. 
Outer court. The width of any outer court upon which windows from a living room, bedroom, or dining room open shall be not less than the height of any opposing wall forming said court. The depth of an outer court formed by walls on three sides shall be not greater than 1 1/2 times the width.
(1) 
The width of any outer court shall be not less than 2/3 the height of any opposing wall forming said court, and the depth shall not be greater than 1 1/2 times the width.
C. 
Inner court. The least dimensions of an inner court shall be not less than the full height of the walls enclosing such court, but not less than 50 feet.
(1) 
An open and unobstructed passageway shall be provided at the grade level of each inner court. Such passageway shall have a cross-section area and sufficient headroom to permit the passage of firefighting equipment and shall be continuous from the inner court to a yard or an unobstructed open area between buildings.
[Amended 1-20-1976 by Ord. No. 2]
The provisions of this chapter shall not apply to any existing or proposed service or extension thereof used or to be used by a public utility corporation if the present service or proposed service is reasonably necessary for the convenience and welfare of the public.
[Added 12-14-1999 by Ord. No. 6-1999D]
A. 
Unless expressly stated, the following words shall, for the purposes of this chapter, have the meanings indicated herein:
ANTENNA HEIGHT
The vertical distance measured from the base of the antenna support structure at grade to the highest point of the structure. If the support structure is on a sloped grade, then the average between the highest and lowest grades shall be used in calculating the antenna height.
ANTENNA SUPPORT STRUCTURE
Any pole, telescoping mast, tower, tripod, or any other structure that supports a device used in the transmitting or receiving of radio frequency energy.
CELL SITE
A tract or parcel of land that contains the cellular communications antenna, its support structure, accessory building(s), and parking, and may include other uses associated with, and ancillary to, cellular communications transmission.
CELLULAR COMMUNICATIONS ANTENNA
A structure and necessary auxiliary components for use by a private business organization to send and receive electronic or analogous signals as an integral component of a telecommunications system to provide services that are paid for directly by the recipients thereof.
B. 
All cellular communications antennas shall comply with the requirements of this chapter and all county, state and federal requirements, as well as any and all other provisions contained in this chapter.
C. 
Cellular communications antennas, as defined in this chapter, shall be permitted in all zoning districts as a conditional use; however, uses shall be authorized in residential districts only when it can be demonstrated, using technological evidence, that the antenna must go where it is proposed to satisfy its function in the operational grid system. Conditional use applications may only be authorized pursuant to the standards and criteria contained in this chapter and/or amendments thereto.
D. 
Existing structures.
(1) 
In order to reduce the number of antenna support structures needed in the community in the future, proposed support structures shall be required to accommodate other users, including other cellular communications companies and local police, fire and ambulance companies.
(2) 
A cell site with an antenna that is attached to an existing communications tower, smokestack, water tower or other tall structure is permitted in all zoning districts. The height of the antenna shall not exceed the height of the existing structure by more than 15 feet. If the antenna is to be mounted on an existing structure (and is within the fifteen-foot limit), it shall be authorized as a use by right, and the applicant shall not be required to meet the standards and criteria contained in the following provisions of this section.
E. 
New structures.
(1) 
If the cellular communications company proposes to build a tower (as opposed to mounting the antenna on an existing structure), it is required to demonstrate that it contacted the owners of tall structures within a one-quarter-mile radius of the site proposed, asked for permission to install the antenna on those structures, and was denied for reasons other than economic ones. This would include smokestacks, water towers, tall buildings, antenna support structures of other communications towers, communications companies, other communications towers (fire, police, etc.), and other tall structures. The municipality may deny the application to construct a new tower if the applicant has not made a good faith effort to mount the antenna on an existing structure.
(2) 
All other uses ancillary to the antenna and associated operational equipment (including a business office, maintenance depot, vehicle storage, etc.) are prohibited from the cell site unless otherwise permitted in the zoning district in which the cell site is located.
(3) 
A cell site with an antenna that is either not mounted on an existing structure or is more than 15 feet higher than the structure on which it is mounted is permitted in all zoning districts but requires a conditional use approval in all districts.
F. 
Application requirements for conditional use. The application for conditional use shall include a development and operational plan. The following information and all other data deemed appropriate and necessary to demonstrate that the intent and purposes of this chapter will be achieved shall be included:
(1) 
A description of the character, timing and duration of the proposed construction, operation and use of the facility, including maps and plans showing the location of the site, all access routes from public roads, and the regional area to be influenced by the proposed activity and use.
(2) 
A full site plan drawn to scale for all cell sites showing the antenna, antenna support structure, building, fencing, buffering, access and all other items required in the County Subdivision and Land Development Ordinance, this chapter and any other ordinances pertaining thereto. The site plan shall not be required if the antenna is to be on an existing structure. No building permits shall be issued until after final approval of the application and the final approval and recording of a subdivision site plan.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(3) 
Complete plans of the proposed tower and all auxiliary structures and support facilities. The applicant shall demonstrate that the proposed antenna and support structure are safe and the surrounding areas will not be negatively affected by support structure failure, falling ice or other debris, electromagnetic fields or radio frequency interference. All support structures shall be fitted with anti-climbing devices as approved by the manufacturers.
(a) 
The Borough Council may require independent studies and reviews of all such assurances. These shall be prepared by qualified professionals acceptable to both the developer and the governing body. The cost of all such studies and reviews shall be borne by the applicant in cases where issues develop over the compliance with this chapter.
(4) 
The applicant shall demonstrate that the antenna is the minimum height required to function satisfactorily. No antenna that is taller than this minimum height shall be approved. Antenna support structures under 200 feet in height should be painted silver or have a galvanized finish retained in order to reduce the visual impact. Support structures may be painted green up to the height of nearby trees. Support structures 200 feet in height or taller, or those near airports, shall meet all Federal Aviation Administration regulations. No antenna support structure may be artificially lighted except when required by the FAA.
(5) 
Setback from base of antenna support structure. If a new antenna support structure is constructed (as opposed to mounting the antenna on an existing structure), the following requirements shall apply:
(a) 
The distance between the geometric ground-level center point of an antenna support structure and any adjacent public road right-of-way and the bordering building setback lines of all adjacent land parcels shall be equal to or greater than 110% of the height of the antenna structure and all appendages attached thereto as measured vertically from mean ground level.
(6) 
All buildings and structures on the site other than the antenna support structure and any guy wire anchors shall conform to the setback and dimensional requirements that apply to the zoning district in which the site is located.
(7) 
A fence shall be required around the antenna support structure and other equipment unless the antenna is mounted on an existing structure. The fence shall be constructed in a manner to prevent the entry onto the portion of the premises on which the use is situated by unauthorized persons, domestic animals or livestock and shall be cited so as to comply with the otherwise pertaining building setback line or lines.
G. 
Security requirement. The applicant shall post with the Borough sufficient security and/or bond so as to cover the cost of removal of the facility and/or facilities and/or all related structures at such time as it may be necessary to remove the same. The purpose of this requirement is to cover the costs and expenses that may be incurred in the event that the applicant and/or a subsequent owner of the facility or facilities should abandon the same. Therein, the amount of said security and/or bond shall be in such amount as deemed appropriate by the Borough Council. The same may either be paid in cash or be provided through a security or bond company.