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.
(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)
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)
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.
(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.
[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.
[Amended 1-20-1976 by Ord. No. 2]
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.
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.
ANTENNA HEIGHT
ANTENNA SUPPORT STRUCTURE
CELL SITE
CELLULAR COMMUNICATIONS ANTENNA
Unless expressly stated, the following words shall, for the purposes
of this chapter, have the meanings indicated herein:
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.
Any pole, telescoping mast, tower, tripod, or any other structure
that supports a device used in the transmitting or receiving of radio
frequency energy.
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.
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]
(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.
