Borough of Brentwood, PA Article IV Express Standards and Criteria for Special Exceptions and Conditional Uses

§ 210-30 Conditional uses.

Purpose: Conditional use provisions apply to all uses identified as conditional uses in the Tables of Authorized Uses (Principal and Accessory). The conditional use approval process is designed to allow the Borough Council to review and approve certain uses that may have additional impacts on the community and the environment beyond those typical for uses that are allowed by right. The intent is to allow certain specified uses identified as conditional uses in the Tables of Authorized Uses (Principal and Accessory) to be reviewed by the Borough Council so that they may determine compliance with this chapter and attach reasonable conditions and safeguards, in addition to the standards and criteria expressed in this chapter as the Council may deem necessary to implement the purposes of this chapter.

§ 210-31 Conditional use procedure for approval.

Procedure: The Borough Council shall consider the conditional use application and render its decision in accordance with the requirements of the Pennsylvania MPC and this chapter and subject to the following:

A. If a land development approval is required for the conditional use, the application for conditional use approval and the application for approval of a land development required by the Borough's adopted subdivision and land development ordinance[1] may be processed concurrently or separately at the discretion of the applicant, provided that all application requirements of both ordinances for a conditional use and the land development plan are met.

[1] Editor's Note: See Ch. 183.

B. Application procedure. The applicant shall submit an application for development for approval of a conditional use to the Zoning Officer or designated staff person of the Borough. The application for development shall indicate the section of this chapter under which the conditional use is sought and shall state the grounds upon which it is requested.

C. Application content. An application for approval of a conditional use shall include the following:

(1) One copy of the application form provided by the Borough and completed by the applicant. If the applicant is other than the landowner, the landowner's authorization of the application and the nature of applicant's interest in the site shall accompany application.

(2) Twelve paper and one electronic copies of a site plan meeting the requirements for a preliminary plan for land development as set forth in Subdivision and Land Development Ordinance[2] and, in addition, demonstrating conformity with all requirements of this chapter.

[2] Editor's Note: See Ch. 183.

(3) Application fee and review fees established by ordinance or resolution of the Council to cover the cost of review.

D. Administrative review and determination of complete application. Within seven working days after a conditional use application is submitted, the Borough shall review the conditional use application for completeness of required submission items. Within said time, the Borough shall notify the applicant in writing if the conditional use application is incomplete and rejected, stating the deficiencies in the application and returning the filing fee. The applicant may reapply, submitting the fee and missing material at any time.

E. The Borough shall submit a conditional use application to the Borough Planning Commission for review and recommendations. The Planning Commission shall review the application and make a written recommendation to the Council. If the proposed development is also a land development, the Planning Commission shall also make a recommendation under the provisions of the Subdivision and Land Development Ordinance.

F. The Council shall hold a hearing, in accordance with Section 913.2 of the MPC, 53 P.S. § 10913.2, and public notice shall be given as defined in this chapter. The hearing shall be commenced by the Council within 60 days from the date of an applicant's request for a hearing.

G. Conditions. In considering any conditional use, the Council may attach reasonable conditions and safeguards, in addition to those expressed in this chapter, as the Council deem necessary to implement the purposes of the MPC and this chapter. A violation of such conditions and safeguards, when made a part of the terms under which the conditional use is granted, shall be deemed a violation of this chapter.

H. Written decision. The Council shall render a written decision or, when no decision is called for, make written findings on the conditional use application within 45 days after the last hearing before the Council. Where the application is contested or denied, each decision shall be accompanied by findings of fact or conclusions based thereon, together with any reasons therefor. A copy of the final decision or, where no decision is called for, of the findings shall be delivered to the applicant personally or mailed to him no later than the day following its date.

I. Expiration. Conditional use approval shall expire automatically without written notice to the applicant if no application for subdivision and land development, zoning approval for structures, zoning approval for occupancy and use or a grading or building permit to undertake the work described in the conditional use approval has been submitted within 12 months of said approval, unless the Council, in their sole discretion, extend the conditional use approval upon written request of the applicant received prior to its expiration. The maximum extension permitted shall be one twelve-month extension. The Council may grant an extension for good cause shown by the applicant and provided that the extension will not be contrary to the purposes of this chapter.

J. Effect on prior approvals. Conditional use approval, granted prior to the effective date of this chapter, shall expire automatically without written notice to the developer if no application for subdivision and land development, zoning approval for structures, zoning approval for occupancy and use, or a grading or building permit to undertake the work described in the conditional use approval has been submitted within 12 months of the effective date of this chapter or as specified in the approval, unless the Council, in its sole discretion, extends the conditional use approval upon written request of the applicant received prior to its expiration. The maximum extension permitted shall be one twelve-month extension.

K. All provisions of Subdivision and Land Development Ordinance which are not specifically modified by the Council in approving a conditional use shall apply to any conditional use involving subdivision and land development.

L. Burden of proof. In any application for conditional use, the applicant shall have the persuasion burden and presentation duty to show compliance with this chapter, and the applicant shall have the persuasion burden to show the applicant's request is not detrimental to the health, safety, and welfare of the neighborhood.

§ 210-32 Special exceptions.

Purpose: Special exception use provisions apply to all uses identified as special exception uses in the Tables of Authorized Uses (Principal and Accessory). The special exception use approval process is designed to allow the Zoning Hearing Board to review and approve certain uses that may have additional impacts on the community and the environment beyond those typical for uses that are allowed by right. The intent is to allow certain specified uses identified as special exception uses in the Tables of Authorized Uses (Principal and Accessory) to be reviewed by the Zoning Hearing Board so that they may determine use compliance with this chapter and attach reasonable conditions and safeguards, in addition to the standards and criteria expressed in this chapter as the Zoning Hearing Board may deem necessary to implement the purposes of this chapter or MPC.

§ 210-33 Special exception procedure for approval.

Procedure: The Zoning Hearing Board shall consider special exception applications and render its decision in accordance with the requirements of the Pennsylvania MPC and this chapter and subject to the following:

A. If land development approval is required for the use by special exception, the application for approval of a land development required by the Subdivision and Land Development Ordinance shall be submitted to the Borough Planning Commission and Council following approval of the use by special exception by the Zoning Hearing Board.

B. Application procedure. The applicant shall submit an application for approval of a special exception to the Zoning Officer or designated staff person of the Borough. The application for shall indicate the section of this chapter under which the special exception is sought and shall state the grounds upon which it is requested.

C. Application content. An application for approval of a special exception shall include the following:

(1) One copy of the application form provided by the Borough and completed by the applicant. If the applicant is other than the landowner, the landowner's authorization of the application and the nature of applicant's interest in the site shall accompany application.

(2) Twelve paper and one electronic copies of a site plan meeting the requirements for a preliminary plan for land development as set forth in Subdivision and Land Development Ordinance[1] and, in addition, demonstrating conformity with all requirements of this chapter.

[1] Editor's Note: See Ch. 183.

(3) Application fee and review fees established by ordinance or resolution of the Borough to cover the cost of review.

D. Administrative review and determination of complete application: Within seven working days after a special exception application is submitted, the Borough shall review the application for completeness of required submission items. Within said time, the Borough shall notify the applicant in writing if the application is incomplete and rejected, stating the deficiencies in the application and returning the filing fee. The applicant may reapply, submitting the fee and missing material at any time.

E. A hearing pursuant to public notice, as defined herein, shall be commenced by the Zoning Hearing Board within 60 days of submission of a complete and properly filed application. Said hearing shall be conducted in accordance with the procedures specified by this chapter and state law.

F. Burden of proof: In proceedings involving a request for a use by special exception, both the duty of initially presenting evidence and the burden of persuading the Zoning Hearing Board that the proposed use is authorized as a use by special exception and satisfies the specific or objective requirements for the grant of a use by special exception as set forth in this chapter rest upon the applicant. The applicant shall demonstrate that the request is not detrimental to the health, safety, and welfare of the neighborhood.

G. Conditions: In considering any special exception, the Zoning Hearing Board may attach reasonable conditions and safeguards, in addition to those expressed in this chapter, as the Board deem necessary to implement the purposes of the MPC and this chapter. A violation of such conditions and safeguards, when made a part of the terms under which the special exception is granted, shall be deemed a violation of this chapter.

§ 210-34 General standards for all conditional uses and special exceptions.

When considering applications for conditional uses and special exceptions, the following general standards for all conditional uses and special exceptions shall be met:

A. In accordance with the comprehensive plan, the use shall be consistent with the spirit, purposes, and the intent of this chapter.

B. Compliance with this chapter. The applicant shall establish by credible evidence that the application complies with all applicable requirements of this chapter. The applicant shall provide sufficient plans, studies or other data to demonstrate compliance.

C. Compliance with other laws. The approval may be conditioned upon the applicant demonstrating compliance with other specific applicable local, state and federal laws, regulations and permits.

D. The application shall include proper site layout, internal circulation, parking, buffering, and all other elements of proper design as specified in this chapter.

E. The applicant shall establish that the traffic from the proposed use will be accommodated in a safe and efficient manner that will minimize hazards and congestion and provide adequate access arrangements after considering any improvements proposed to be made by the applicant as a condition of approval.

F. The proposed use shall not substantially change the character of any surrounding residential neighborhood after considering any proposed conditions upon approval.

G. The proposed use shall not create a significant hazard to the public health safety, and welfare.

H. The proposed use shall be suitable for the property in question, and designed, constructed, operated, and maintained so as to be in harmony with and appropriate in appearance to the existing or intended character of the general vicinity.

§ 210-35 Express specific standards for specified uses, conditional uses and special exceptions.

In addition to the standards listed in this chapter and the general standards for all conditional uses and special exceptions the following specific standards shall be met when considering a specific request for a conditional use or special exception as authorized in the tables of authorized principal and accessory uses of this chapter.

A. Adult business.

(1) Legislative findings: Brentwood Borough finds the following with respect to adult-related business.

(a) Adult-related businesses in any given area will cause blight and deterioration in that area.

(b) Properties that are adjacent to adult-related businesses will decrease in value.

(c) Businesses which are not adult-related in nature will not locate in an area with adult-related businesses.

(d) Neighborhoods adjacent to adult-related businesses are adversely affected by the conduct of patrons of the adult-related businesses, who interfere with the quiet, peaceful, and lawful enjoyment and use of the neighboring properties.

(e) Criminal activity has increased in connection with certain adult-related businesses.

(2) Purpose. The purpose of this subsection is to protect the retail trade of the Borough, prevent neighborhood blight, maintain stable property values, maintain the quality of residential neighborhoods, and reduce the potential for criminal activity.

(3) Intent. The intent of this section is not aimed at the content of the material sold, conduct within, or content of films or books of adult-related businesses, but rather to minimize and control the adverse secondary effects of such businesses on the surrounding community and protect the health, safety and welfare of its citizens; protect the citizens from increased crime; preserve the quality of life; preserve the property values and character of surrounding neighborhoods and deter the spread of blight. Accordingly, this subsection permits adult-related businesses in certain zoning districts, but regulates the time, place, and manner of adult-related businesses.

(4) Adult-related businesses.

(a) Adult-related businesses which are defined in this chapter shall only be permitted in I Industrial District when approved as a conditional use and if all of the requirements of this section are adhered to. Adult-related businesses shall not be permitted in any other zoning district.

(b) Adult-related businesses shall only be permitted in the I Industrial District and shall also meet or exceed the following setback requirements. The building shall be set back as follows:

[1] The building shall be at least 250 feet in any direction from any residential dwelling (including multifamily buildings), also at least 500 feet from any public park property (including such uses in adjacent municipalities);

[2] The building shall be at least 1,000 feet in any direction from any school property, church property, preschool property, or child day-care center property (including such uses in adjacent municipalities);

[3] The building shall be at least 100 feet in any direction from any hotel or motel (including such uses in adjacent municipalities); and

[4] The building shall be at least 2,500 feet in any direction from any other building which is utilized for any other adult-related business which is defined in this section (including such uses in adjacent municipalities).

(c) All activities pertaining to the adult-related business shall be conducted entirely within the confines of the building. No theater which shows adult-related films shall project the film outside the confines of a building. No music or sound emitting from the business shall be audible to normal human hearing at any time at any exterior property line of the business.

(d) Any adult-related business which has liquor for sale shall abide by all rules and regulations of the Pennsylvania Liquor Control Board. If any of the applicable regulations of the Liquor Control Board are more stringent than the regulations specified in this section, those regulations shall be adhered to by the applicant.

(e) Unless governed by more stringent regulations by the Pennsylvania Liquor Control Board, the following hours of operation shall be adhered to by all adult-related businesses.

[1] No adult-related business shall be open from 2:00 a.m. to 11:00 a.m. daily.

[2] No adult-related business shall be open on Sundays and holidays except that an adult-related business open on Saturday may remain open until 2:00 a.m. on Sunday morning.

(f) The maximum gross floor area of any building which is utilized for an adult-related business shall be 5,000 square feet.

(g) No adult-related business shall display an exterior sign which displays obscene materials or which depicts nudity or sexually explicit activities. All other regulations pertaining to commercial signs shall be complied with.

(h) Parking, landscaping, exterior lighting, and other required site improvements shall be in accordance with the applicable sections of this chapter.

(i) To insure the regulations of this section are adhered to by the applicant, the following information shall be provided with the application for a conditional use.

[1] A site survey of the property and building proposed for the adult-related business and a survey illustrating the distance to the location, size, and type of all buildings and uses within 2,500 feet of the building proposed for the adult-related business. The survey shall be prepared and sealed by a surveyor licensed by the Commonwealth of Pennsylvania and shall be at a scale no less than one inch to 100 feet. The survey shall indicate the scale, date drawn, North point, tax parcel number of all parcels illustrated, the names of any roads or highways illustrated, and shall be on paper measuring 24 inches by 36 inches. Twenty copies of the survey shall be submitted with the application.

[2] The above-referenced site survey shall indicate the proposed parking layout, landscaping, lighting, sign location, building location, and any other exterior improvements.

[3] If liquor for sale is proposed, a copy of the license issued by the Pennsylvania Liquor Control Board shall be submitted.

(j) In addition to a conditional use permit, a land development plan shall be required for the development of the site. Requirements for the land development plan are in the Subdivision and Land Development Ordinance.[1]

[1] Editor's Note: See Ch.

(k) An applicant proposing an adult-related business shall satisfy all requirements of this chapter which relate to general requirements for approval of conditional uses.

(5) Additional regulations for nude model studios.

(a) A nude model studio shall not employ any person under the age of 18 years.

(b) A person under the age of 18 years commits a violation of this chapter if the person appears seminude or in a state of nudity in or on the premises of a nude model studio. It is a defense to prosecution under this subsection if the person under 18 years was in a rest room not open to public view or visible to any other person.

(c) A person commits a violation of this section if the person appears in a state of nudity, or knowingly allows another to appear in a state of nudity, in an area of a nude model studio premises which can be viewed from the public right of way.

(d) A nude model studio shall not place or permit a bed, sofa, or mattress in any room on the premises; except that a sofa may be placed in a reception room open to the public.

(6) Prohibition against children in a sexually oriented business.

(a) A person commits a violation of this chapter if the person knowingly allows a person under the age of 18 years on the premises of a sexually oriented business.

B. Assisted living facility. The standards for nursing homes in this article shall apply.

C. Automobile service and repair.

(1) All automobile servicing and repair activities shall be:

(a) Carried on within an enclosed building.

(b) Screened along any property line that abuts a residential zoning district.

(2) The following activities and equipment are permitted only in the rear yard and at least 50 feet from a residential zoning district:

(a) Temporary storage of vehicles during repair and pending delivery to the customer; and

(b) Vacuuming and cleaning.

(3) The following activities and equipment are permitted only within an enclosed building:

(a) Lubrication equipment;

(b) Motor vehicle washing equipment;

(c) Hydraulic hoists and pits; and

(d) Storage of vehicle parts and refuse.

(4) Outside storage or parking of any disabled, wrecked, or partially dismantled vehicle are not permitted.

(5) No building, structure, canopy, gasoline pump, or storage tank shall be located within 25 feet of a residential zoning district.

(6) Body work and painting shall be conducted within fully enclosed buildings.

D. Bed-and-breakfast inn.

[Amended 8-24-2020 by Ord. No. 1283]

(1) Bed-and-breakfast inns shall be permitted only in single-family dwellings with a minimum gross floor area of 1,500 square feet.

(2) All guest rooms shall be contained within the principal structure.

(3) The operator shall be a full-time resident of the dwelling in which the bed-and-breakfast inn is located.

(4) Either the operator or a manager shall be physically present at the dwelling on a twenty-four-hour basis at any time that a guest room is occupied.

(5) The length of stay per overnight guest shall be limited to 30 consecutive days.

(6) Food and beverage service shall be provided exclusively to registered overnight guests.

(7) Off-street parking shall be located in the rear yard and shall be screened from adjoining property in the R-1, R-2, or R-3 District by a compact six-foot evergreen hedge.

DD. Vehicles sales.

[Added 8-16-2021 by Ord. No. 1297]

(1) The minimum required lot size shall be one acre.

(2) Both the area used for the display of automobiles and related merchandise and the area used for the parking of employee and customer vehicles shall be maintained with a bituminous or concrete surface.

(3) Vehicles shall be parked only in designated parking stalls, the leading edge of which shall be set back no less than 10 feet from the street cartway.

(4) No vehicles or related merchandise may be stored in a street cartway, within five feet from the edge of any such cartway, or on an adjacent lot.

(5) All lots used for the sale of vehicles shall contain an enclosed permanent building, which shall include an administrative office with a minimum floor area of 120 square feet and which shall additionally include a minimum of one service garage bay.

(6) No vehicle shall be displayed or offered for sale unless it adheres to all mechanical, body, and licensing standards for safe and lawful operation on the streets of the Commonwealth.

(7) Any vehicle with visible external damage that is awaiting repairs may only be stored in an interior premises.

(8) Light posts shall be located a minimum of 10 feet from the street cartway.

(9) A vehicle delivery plan, which shall be approved by the Borough Engineer, shall demonstrate adequate area for the safe delivery of vehicles and circulation of the same.

E. Car wash.

(1) All machine washing and machine drying operations shall be conducted within a building.

(2) The building exit for automobiles that have completed the washing and machine drying process shall be set back a minimum of 50 feet from the nearest point of any street property line.

(3) No washing, vacuuming, steam cleaning, waxing, polishing or machine drying operation, and no building within which such operations are conducted, shall be permitted within 100 feet of any residential district.

(4) All lot lines abutting or adjacent to residential districts or uses shall be screened by a compact six-foot evergreen hedge.

(5) All entrance and exit lanes and parking areas shall be surfaced with asphalt or cement pavement so as to provide a durable and dustless surface, and shall be so graded and drained as to dispose of all surface water accumulation.

(6) A minimum of seven car length queuing lane(s) for each bay shall be provided on site.

(7) All car washes shall connect to public sanitary sewers.

F. Conversion dwelling units. Conversion single-family, two-family and multifamily dwellings which increases the number of dwelling units in the zoning districts where authorized shall be subject to the following requirements:

(1) Each dwelling unit shall contain a minimum of 800 square feet of gross floor area.

(2) Each dwelling unit shall have separate living, sleeping, kitchen and sanitary facilities.

(3) The proposed conversion dwelling shall meet the minimum lot and area requirements for similar dwelling types authorized within the district in which it is located.

(4) Each dwelling unit shall have a separate entrance, either directly from the outside or from a common corridor inside the structure.

(5) Conversion of detached garages or other accessory structures to dwelling units shall not be considered conversion dwellings and shall not be permitted.

(6) Conversion dwellings shall provide an additional one off-street parking space for each dwelling unit. The paving and design of the off-street parking spaces shall be in compliance with the requirements of Article VI, Parking. Off-street parking areas for more than three vehicles shall be screened by using Buffer Yard C.

(7) Conversion dwellings shall provide continuity in architectural design and shall incorporate any proposed construction into the existing structural features.

G. Day-care center. Day-care center or preschool facility, subject to the following:

(1) The facility shall be registered with or licensed by the Commonwealth of Pennsylvania.

(2) In the R-1, R-2 and R-3 Zoning Districts, the facility shall be permitted to be located only as an accessory use in conjunction with a functioning church or school.

(3) In the MUN and CRD Zoning Districts, the site shall have frontage on and direct vehicular access to an arterial or collector street.

(4) Outdoor play areas shall be provided which shall have a minimum area of 65 square feet per child and which shall be secured by a fence with self-latching gate. The location of the outdoor play area shall take into account the relationship to adjoining properties.

(5) The general safety of the property proposed for a day-care center, nursery school or preschool facility shall meet the needs of small children. There shall be no potential hazards in the outdoor play area.

(6) The site shall be provided an adequate area for safe child drop of and pick up. Areas for drop off and pick up shall typically be separated from normal vehicle traffic and shall not cause traffic congestion or unsafe traffic circulation either on site or on the adjacent public streets.

H. Drive-through facilities.

(1) A queuing lane at least five car lengths shall be provided for each drive-through lane and shall be designed for ease of traffic circulation and minimize congestion.

(2) All stacking and queuing shall be provided on-site.

(3) Direct access to drive-through facilities in the MUN Zoning District shall be generally encouraged from side and rear yards where possible.

(4) Drive-through lanes shall be distinctly marked by traffic islands a minimum of five feet in width. A separate circulation drive shall be provided for passage around and escape from the outermost drive-through service lane. The Borough may consider alternative designs when it is demonstrated that the drive-through is screened from view and that traffic and pedestrian circulation is improved.

(5) The canopy shall be architecturally compatible with the principal building.

(6) Drive-through facilities shall be designed as integral part of the entire development and shall allow for access throughout the entire site upon entering the primary driveway. Separate access points to the adjacent roadway servicing only drive-through facilities or parking areas of the site shall not be permitted.

(7) The total area of the lot containing a drive-through facility attached to a use shall not be less than 35,000 square feet.

(8) Regardless of the size of the lot or building, the configuration of the perimeter of the building or the placement of the building on the lot, there shall be a continuous drive aisle around the entire building and lot so as to permit access to all parking, drive-through lanes or access isles without exiting the site onto a public road.

(9) Means of ingress to and egress from the premises with a drive-through facility and hours and mode of operation of drive-in or drive-through facilities shall be regulated in a manner to assure that:

(a) Traffic congestion on Borough streets, roads, alleys and ways will not be increased in an amount that will be unsafe or hazardous.

(b) Parking congestion on Borough streets, roads, alleys and ways will not be increased in an amount that will be unsafe or hazardous.

(c) There will be no creation or maintenance of any nuisance or threat or danger to the public safety, health or welfare of the Borough, its residents or visitors to the Borough.

(d) The provision and maintenance of essential services or other services by the Borough will not be adversely affected.

(e) Use and enjoyment of contiguous private properties will not be unduly impaired.

(f) Public transportation, water, sewer, electrical, school, park or other public facilities will not be substantially adversely affected.

I. Gas station. See "automobile service and repair."

J. Heliports.

(1) The applicant shall prove that the heliport has been located and designed to minimize noise nuisances to other properties.

(2) The Zoning Hearing Board may place conditions on the size of helicopters, frequency of use, fueling facilities, setbacks and hours of operation to minimize nuisances and hazards to other properties. Provided that the conditions do not conflict with safety or federal or state regulations, the Zoning Hearing Board may require that the majority of flights approach from certain directions, and not from other directions that are more likely to create nuisances for residential areas.

K. Kennel; animal day-care; animal groomer.

(1) If required by the Pennsylvania Department of Agriculture, the kennel shall be licensed by the commonwealth.

(2) The maximum capacity of the kennel shall be 25 animals.

(3) Outdoor kennels shall be located at least 300 feet from any occupied dwelling on an adjacent lot and at least 200 feet from any property line adjoining property in an R-1, R-2, or R-3 District.

(4) Outdoor runs and similar facilities shall be constructed for easy cleaning, shall be adequately secured by a minimum six-foot-high fence with a self-latching gate and shall be screened by Buffer C.

(5) The operator of kennels, animal day-cares and groomers shall submit an animal waste management and disposal plan to the Borough.

L. Methadone treatment facility.

(1) For any building (or portion thereof) which is proposed to contain a methadone treatment facility, the lot upon which such building (or portion thereof) sits shall not be located closer than 500 feet (or the then-current Pennsylvania statutory-provided distance, whichever is greater) to a lot utilized for an existing school, public playground, public park, residential housing area, residential lot, single-family dwelling, child care facility, church, meeting house or other actual place of regularly scheduled religious worship established prior to the proposed methadone treatment.

(2) Notwithstanding Subsection L(1) above, a methadone treatment facility may be established and operated closer than 500 feet (or the then-current Pennsylvania statutory-provided distance, whichever is greater) to a lot utilized for an existing school, public playground, public park, residential housing area, residential lot, single-family dwelling, child care facility, church, meeting house or other actual place of regularly scheduled religious worship established prior to the proposed methadone treatment, if, by majority vote, the governing body approves a use for said facility at such location. At least 14 days prior to any such vote by the governing body, one or more public hearings regarding the proposed methadone treatment facility location shall be held within the municipality pursuant to public notice. All owners of real property located within 500 feet of the proposed location shall be provided written notice of said public hearing(s) at least 30 days prior to said public hearing(s) occurring.

(3) All buildings proposed to contain a methadone treatment facility shall fully comply with the requirements of the then-current edition of the Pennsylvania Uniform Construction Code (UCC), Act 45 of 1999, as amended, and as adopted by the Borough of Brentwood.

(4) In addition to the otherwise required number of parking spaces specified by Article VI of this chapter for the usage of the building proposed for a methadone treatment facility, additional parking shall be required specifically for the methadone treatment facility at a rate of one additional parking space for each 200 square feet of area devoted to the methadone treatment facility.

(5) Each building or portion thereof proposed for use as a methadone treatment facility shall have a separate and distinct entrance utilized solely for direct entrance into the methadone treatment facility. Such separate and distinct entrance shall face the road on which they are located. Access to the methadone treatment facility shall not be permitted via a shared building entrance or from a shared interior corridor within the building in which it is located.

M. Mobile home park.

(1) Plans shall be submitted and reviewed by the Borough for all mobile home parks in compliance with Chapter 183, Subdivision and Land Development, and all other provisions that apply to a land development.

(2) The minimum tract area shall be five contiguous acres. This minimum tract area shall be under single ownership.

(3) The maximum average density of the tract shall be four dwelling units per acre. To calculate this density, land in common open space or proposed streets within the park may be included, but land within the one-hundred-year floodplain, wetlands and slopes over 25% shall not be included.

(4) Each mobile/manufactured home park shall include a thirty-five-foot-wide landscaped area, including substantial attractive evergreen and deciduous trees around the perimeter of the site, except where such landscaping would obstruct safe sight distances for traffic. A planting plan for such area shall be approved by the Zoning Hearing Board as part of any required special exception use approval. Such landscaped area shall not be required between adjacent mobile home park developments. The same area of land may count towards both the landscaped area and the building setback requirements.

(5) A dwelling, including any attached accessory building, shall be set back a minimum of 25 feet from another dwelling within the mobile home park, except that unenclosed porches, awnings and decks may be 15 feet from the walls of another dwelling.

(6) The minimum separation between homes and edge of interior street cartway or parking court cartway shall be 25 feet.

(7) The minimum principal and accessory building setbacks from exterior/boundary lot lines and rights-of-way of preexisting public streets shall be 50 feet.

(8) A detached accessory structure or garage shall be separated a minimum of 15 feet from any dwelling units to which the accessory structure is not accessory.

(9) A minimum of 15% of the total lot area of the entire mobile home park shall be set aside as common open space for the residents. The applicant shall prove that these areas will be suitable for active or passive recreation. If a development will not be restricted to persons over age 55, then the common open space shall, at a minimum, include a rectangular grass field, 100 feet by 200 feet, suitable for free play by young persons. If a development will be restricted to persons over age 55, then the common open space shall, at a minimum, include landscaped paved trails. A recreation building or pool available to all residents of the development may count towards this requirement.

(10) Streets.

(a) Access to individual mobile home spaces shall be from interior parking courts, access drives or private streets and shall not be from public streets exterior to the development.

(b) Streets within the mobile home park that provide access to reach 20 or more dwellings shall have a minimum paved cartway of 24 feet, and other local private streets or parking courts serving less than 20 homes shall have a minimum paved cartway of 20 feet.

(c) Curbs and sidewalks are not required on the private streets, but all private streets shall meet all other Borough cartway construction standards.

(11) All units within the mobile home park shall be connected to a public water and a public sewage system. The system shall meet appropriate minimum water pressure/fire flow and hydrant requirements. The applicant shall prove that adequate provisions are made for solid waste disposal.

(12) Along through streets, a minimum nighttime lighting level of 0.2 footcandle shall be maintained, at no expense to the Borough.

(13) A manufactured/mobile home park shall comply with all of the same requirements of Borough ordinances that apply to a subdivision or land development of site-built single-family detached dwellings, except for requirements that are specifically modified by this section. This includes, but is not limited to, submission, approval and improvement requirements of Chapter 183, Subdivision and Land Development.

N. Night club.

(1) Nightclubs shall cease operations between the hours of 2:00 a.m. and 11:00 a.m.

(2) There shall be no noise or vibration discernible along any property line greater than the average noise level occurring on adjacent streets and properties.

(3) All operations shall be conducted within a completely enclosed building and doors and windows shall remain closed during hours when entertainment is presented.

(4) The owner/operator of the nightclub shall provide private security, licensed under the laws of the Commonwealth of Pennsylvania, if the maximum permitted occupancy of the nightclub exceeds 100 persons.

(5) Any nightclub which proposes a maximum permitted occupancy of 200 or more persons shall be located at least 500 feet from any property line which adjoins an R Residential Zoning District classification.

(6) Any nightclub which offers adult entertainment, as defined herein, shall be further subject to § 210-35A, Adult businesses.

O. Nursing home.

(1) The minimum site area required for a nursing home shall be one acre.

(2) All nursing homes shall be licensed by the commonwealth.

(3) The site shall be served by public water and public sewers.

(4) Water pressure and volume shall be adequate for fire protection.

(5) Ingress, egress, and internal traffic circulation shall be designed to ensure access by emergency vehicles.

(6) The parking and circulation plan shall be referred to the appropriate volunteer fire company for comments regarding traffic safety and emergency access.

(7) Nursing homes shall have a bed capacity of at least 20 beds but no more than 200 beds.

P. Oil or gas well; natural gas compressor station; natural gas processing plant.

(1) No oil or gas well site, natural gas compressor station, or natural gas processing plant or an addition to an existing oil or gas well site, natural gas compressor station, or natural gas processing plant shall be constructed or located within the Borough of Brentwood unless a zoning permit under this chapter has been issued by the Borough to the owner or operator approving the construction or preparation of the site for oil or gas development or construction of natural gas compressor stations or natural gas processing plants.

(2) The permit application, or amended permit application, shall be accompanied by a fee as established in the Borough of Brentwood fee schedule.

(3) When multiple wells are located on the same well pad, a separate permit for each well is required.

(4) In addition to the other requirements to this chapter, the applicant shall provide to the Borough of Brentwood at the time of application the following information:

(a) A narrative describing an overview of the project including the number of acres to be disturbed for development, the number of wells to be drilled including DEP permit number(s) for all wells, if available, at the time of submittal and provided when issued later, and the location, number and description of equipment and structures to the extent known.

(b) A narrative describing an overview of the project as it relates to natural gas compressor stations or natural gas processing plants.

(c) The address of the oil or gas well site, natural gas compressor station or natural gas processing plant as determined by the County 911 addressing program and information needed to gain access in the event of an emergency.

(d) The contact information of the individual or individuals responsible for the operation and activities at the oil or gas well site shall be provided to the Borough of Brentwood and all applicable emergency responders as determined by the Borough. Such information shall include a phone number where such individual or individuals can be contacted 24 hours per day, 365 days a year. Annually, or upon any change of relevant circumstances, the applicant shall update such information and provide it to the Borough and all applicable emergency responders as determined by the Borough of Brentwood.

(e) A site plan of the oil or gas well site showing the drilling pad, planned access roads, the approximate location of derricks, drilling rigs, equipment and structures and all permanent improvements to the site and any post-construction surface disturbance in relation to natural resources. Included in this map shall be an area within the development site for vehicles to locate while gaining access to the oil or gas well site configured such that the normal flow of traffic on public streets shall be undisturbed.

(f) To the extent that the information has been developed, the applicant shall provide a plan for the transmission of gas from the oil or gas well site. The plan will identify, but not be limited to, gathering lines, natural gas compressor stations, and other midstream and downstream facilities located within the municipality and extending 800 feet beyond the municipality boundary.

(g) A site plan of the natural gas compressor station or natural gas processing plant including any major equipment and structures and all permanent improvements to the site.

(h) A narrative and map describing the planned access routes to the well sites on public roads including the transportation and delivery of equipment, machinery, water, chemicals and other materials used in the location, drilling, construction, maintenance and operation of the oil or gas well site.

(i) Operator shall comply with any generally applicable bonding and permitting requirements for Brentwood roads that are to be used by vehicles for site construction, drilling activities and site operations.

(j) A description of, and commitment to maintain, safeguards that shall be taken by the applicant to ensure that the Borough of Brentwood streets utilized by the applicant shall remain free of dirt, mud and debris resulting from site development activities; and the applicant's assurance that such streets will be promptly swept or cleaned if dirt, mud and debris occur as a result of applicant's usage.

(k) A statement that the applicant will make the operation's preparedness, prevention and contingency plan available to the Borough and all emergency responders at least 30 days prior to drilling of an oil or gas well and at least annually thereafter while drilling activities are taking place at the oil or gas well site.

(l) An appropriate site orientation and training course of the preparedness, prevention and contingency plan for all applicable emergency responders as determined by the Borough. The cost and expense of the orientation and training shall be the sole responsibility of the applicant. If multiple wells/well pads are in the same area (covered by the same emergency response agencies), evidence from the appropriate emergency response agencies that a training course was offered in the last 12 months shall be accepted. Site orientation for each well/well pad shall still be required for the appropriate emergency responders, as determined by the Borough.

(5) Access.

(a) Vehicular access to a natural gas well, oil well or well pad solely via a residential street is not permitted.

(b) Vehicular access to a natural gas well, oil well or well pad via a collector street is encouraged.

(c) Accepted professional standards pertaining to minimum traffic sight distances for all access points shall be adhered to.

(d) Access directly to state roads shall require Pennsylvania Department of Transportation (PennDOT) highway occupancy permit approval. Prior to initiating any work at a drill site, the Borough of Brentwood shall be provided a copy of the highway occupancy permit.

(e) Access directly to Borough/county roads shall require a driveway permit/highway occupancy permit prior to initiating any work at a well site.

(6) Height.

(a) Permanent structures associated with an oil and gas well site, both principal and accessory, shall comply with the height regulations for the zoning district in which the oil or gas well site is located.

(b) Permanent structures associated with natural gas compressor stations or natural gas processing plants shall comply with the height regulations for the zoning district in which the natural gas compressor station or natural gas processing plant is located.

(c) There shall be an exception to the height restrictions contained in this section for the temporary placement of drilling rigs, drying tanks, pad drilling and other accessory uses necessary for the actual drilling or redrilling of an oil or gas well. The duration of such exemption shall not exceed the actual time period of drilling or redrilling of an oil or gas well or pad drilling.

(7) Setbacks/location.

(a) Drilling rigs and equipment shall be located a minimum setback distance of one foot for every foot of height of equipment from any property line, public or private street, or building not related to the drilling operations on either the same lot or an adjacent lot.

(b) Natural gas compressor stations and natural gas processing plants shall comply with all general setback and buffer requirements of the zoning district in which the natural gas compressor station or natural gas processing plant is located.

(c) Well pads shall be set back a minimum of 500 feet from any residential property.

(d) Well heads shall be located 800 feet from any residential property.

(e) Recognizing that the specific location of equipment and facilities is an integral part of the oil and gas development, and as part of the planning process, operator shall strive to consider the location of its temporary and permanent operations, where prudent and possible, so as to minimize interference with Brentwood residents' enjoyment of their property and future development activities as authorized by the Borough's applicable ordinances.

(8) Screening and fencing.

(a) Security fencing shall be required at oil or gas well sites during the initial drilling, or redrilling operations.

(b) Twenty-four-hour on-site supervision and security are required during active drilling operations.

(c) Upon completion of drilling or redrilling, security fencing consisting of a permanent chain link fence shall be promptly installed at the oil or gas well site to secure well heads, storage tanks, separation facilities, water or liquid impoundment areas, and other mechanical and production equipment and structures on the oil or gas well site.

(d) Security fencing shall be at least six feet in height equipped with lockable gates at every access point and having openings no less than 12 feet wide. Additional lockable gates used to access oil and gas well sites by foot may be allowed, as necessary.

(e) First/responders shall be given means to access oil or gas well sites in case of an emergency. Applicant must provide the County 911 Communications Center necessary information to access the well pad in the event of an emergency.

(f) Warning signs shall be placed on the fencing surrounding the oil or gas well site providing notice of the potential dangers and the contact information in case of an emergency. During drilling and hydraulic fracturing, clearly visible warning signage must be posted on the pad site.

(g) In construction of oil or gas well sites, the natural surroundings should be considered and attempts made to minimize impacts to adjacent properties.

(9) Lighting.

(a) Lighting at the oil or gas well site, or other facilities associated with oil and gas development, either temporary or permanent, shall be directed downward and inward toward the activity, to the extent practicable, so as to minimize the glare on public roads and adjacent properties.

(b) Lighting at a natural gas compressor station or a natural gas processing plant shall, when practicable, be limited to security lighting.

(10) Noise. The operator shall take the following steps to minimize, to the extent possible, noise resulting from the oil or gas well development:

(a) Prior to drilling of an oil or gas well, the operator shall establish a continuous seventy-two-hour ambient noise level at the nearest property line of a residence or public building, school, medical, emergency or other public residence or public facility, or 100 feet from the nearest residence or public building, school, medical, emergency or other public residence or public facility, whichever point is closer to the affected facility. In lieu of establishing the above seventy-two-hour ambient noise level, the operator may assume and use, for the purposes of compliance with this chapter, a default ambient noise level of 55 dBA. The sound level meter used in conducting any evaluation shall meet the American National Standard Institute's standard for sound meters or an instrument and the associated recording and analyzing equipment which will provide equivalent data.

(b) The operator shall provide documentation of any established, seventy-two-hour evaluation, relied upon to establish an ambient noise level greater than 55 dBA, to the Zoning Officer within three business days of such a request.

(c) The noise generated during drilling and hydraulic fracturing activities shall not exceed the average ambient noise level [as determined by the seventy-two-hour evaluation as identified in Subsection P(10)(a)] or default level, whichever is higher:

[1] During drilling activities, by more than 10 decibels during the hours of 7:00 a.m. to 9:00 p.m.

[2] During drilling activities, by more than seven decibels during the hours of 9:00 p.m. and 7:00 a.m. or by more than 10 decibels during hydraulic fracturing operations. The operator shall inform the (municipality) of which level (average ambient noise level or default level) is being used.

(d) All permanent facilities associated with oil and gas well sites, including, but not limited to, natural gas compressor stations and natural gas processing plants, shall meet the general noise requirements of this chapter. Where a conflict exists, the more stringent requirements shall apply.

(e) Effective sound mitigation devices shall be installed to permanent facilities to address sound levels that would otherwise exceed the noise level standards.

(f) Natural gas compressor stations and natural gas processing plants or facilities performing the equivalent functions shall be constructed so as to mitigate sound levels, or have installed mitigation devices to mitigate sound levels so as to prevent such activity from being a nuisance to nearby residential or public buildings, medical, emergency or other public facilities.

(g) If a complaint is received by the Borough regarding noise generated during construction, drilling, or hydraulic fracturing activities, or for natural gas compressor stations, natural gas processing plants or midstream facilities, the operator shall, within 24 hours following receipt of notification, begin continuous monitoring for a period of 48 hours at the nearest property line to the complainant's residential or public building or 100 feet from the complainant's residential or public building, school, medical, emergency or other public facilities, whichever is closer. The applicant shall report the findings to the Borough of Brentwood and shall mitigate the problem to the allowable level if the noise level exceeds the allowable rate.

(11) As a condition of approval, applicant shall provide all permits and plans from the Pennsylvania Department of Environmental Protection and other appropriate regulatory agencies within 30 days of receipt of such permits and plans. A narrative describing the environmental impacts of the proposed project on the site and surrounding land and measures proposed to protect or mitigate such impacts shall be provided to the Borough.

(12) Temporary housing for well site workers on the site is not permitted.

Q. Place of Worship.

(1) Weekly religious education rooms and meeting rooms are permitted accessory uses, provided they are incidental to the place of worship. A primary or secondary school and/or a child or adult day-care center may be approved on the same lot as a place of worship, provided the requirements for such uses are also met. Buses used primarily to transport persons to and from religious services or a permitted school on the lot may be parked on the lot. Other uses shall only be allowed if all of the requirements for such uses are also met, including being permitted in the applicable district.

(2) Any place of worship which provides a day-care center shall also meet the express standards and criteria for a day-care center.

(3) Any place of worship which provides a school shall also meet the express standards and criteria for a school.

(4) A maximum of one dwelling unit may be accessory to a place of worship on the same lot to house employees of the place of worship and/or an employee and his/her family. Such dwelling shall meet the maximum number of unrelated persons in the definition of a "family." No other residential use shall be allowed.

(5) If a building is no longer used as a place of worship, it shall be used for a use allowed in the district.

(6) Minimum parking setback from a lot line of an existing dwelling in a residential district shall be 20 feet.

R. Quarrying and stone cutting. The following minimum operation/performance standards apply to quarries unless otherwise specified:

(1) Any topsoil removed from the surface and retained on the site shall be removed carefully and stockpiled in a manner to prevent erosion for reapplication to disturbed areas during reclamation.

(2) Hours of operation for quarries shall be limited to the hours of 7:00 a.m. to 9:00 p.m. for operational activities, including blasting, excavation, processing, and hauling. Hours and days of operation may be restricted by the reviewing agency for operations within 1,000 feet of any residential uses or that rely on residential roadways for access.

(3) To the extent possible, designated truck routes shall be used for all hauling as well as for all access to the site. All other routes and access shall be approved by the Borough Engineer prior to approval.

(4) Stormwater run-off, erosion, and sedimentation shall be controlled by a plan submitted to the Borough by the applicant and approved by the Borough Engineer. The plan shall address the compatibility of the proposed use with any adopted Borough drainage or stormwater plans applicable to the area.

(5) The applicant shall provide signs on the property and along haul routes where deemed necessary to promote the safety and general welfare of the neighborhood and general area. Required signs may include, but shall not be limited to, "No Trespassing," "Trucks Hauling," "Blasting," and "Danger." Other signs may be required if necessary.

(6) Operations shall maintain compliance with local and state standards for noise, dust, and vibration. All equipment and machinery shall be operated and maintained in such a manner as to minimize dust, noise, and vibration. Access roads shall be maintained in a dustfree condition by surfacing or other treatment on a regular basis as may be specified by the Borough Engineer. A water truck for the purposes of dust control may be required on site.

(7) Adequate dust control methods shall be implemented. Roadways adjacent to the property shall be swept and cleaned on a regular basis and when directed by the Borough Engineer as being necessary.

(8) A performance bond or other financial security in an amount satisfactory to the Borough Engineer, and in a form approved by the Borough Solicitor, shall be secured from the applicant to ensure that all standards are fully met during operation and to ensure that proper reclamation of the site is completed in a timely manner.

(9) An eight-foot-high continuous security fence shall be provided around the entire perimeter of the property on which the quarrying activity will take place. Additional fencing requirements may be imposed on portions of the site abutting residentially zoned or planned areas, parks, playgrounds, sidewalks, trails, schools, churches, and other public facilities and gathering places.

(10) Where a stockpile is visible from an arterial roadway or residential district, the height of a stockpile may be limited by the reviewing agency to the lowest height that is economically feasible on the site. In no case shall the height of a stockpile exceed 50 feet for permanent stockpiles and 75 feet for temporary stockpiles unless the reviewing agency finds that the stockpile would not be visible from an arterial roadway or residential district.

(11) Any lighting or signage, other than security signage, on the property shall meet the standards for the zoning district in which the activity is located.

(12) A blasting plan shall be submitted to the Borough Engineer, with proof of insurance in an amount and form as approved by the Borough Solicitor. Such activity shall be conducted only by licensed, insured individuals or entities and shall be in conformance with all applicable federal, state, and local regulations.

(13) Where applicable, no excavation shall occur within 100 feet of a protected water body, unless otherwise permitted by the Pennsylvania Department of Environmental Protection (DEP). Where excavation occurs on more than one side of a protected water body, a setback of 50 feet may be maintained on one side when a setback of 200 feet or more is maintained on the other, if approved by the DEP and the Borough Engineer.

S. Rooming/boarding house.

(1) Rooming and boarding houses shall have a minimum lot size of one acre.

(2) Minimum side yard building setback shall be 30 feet.

(3) Minimum lot width shall be 200 feet.

(4) Maximum density shall be six bedrooms per acre, but in no case shall the lot serve a total of more than 10 persons.

(5) Each bedroom shall be limited to two adults each.

(6) A buffer yard with screening shall be provided between any boarding house building and any abutting dwelling.

(7) Rooms shall be rented for a minimum period of five consecutive days and no longer than 30 consecutive days. The Allegheny County Department of Health establishes minimum standards and permit requirements for boarding homes.

(8) All rooming and boarding houses shall comply with Chapter 163, Rental Property, regulations of the Brentwood Borough Code of Ordinances and all other regulations and policies related to rental properties and as may be adopted and amended from time to time by the Borough of Brentwood.

T. Schools (public and private).

(1) Ingress and egress provisions shall be adequate to minimize congestion on adjacent highways and local streets during peak use period.

(2) All off-street parking lots shall be suitably paved and screened from adjoining residential properties by appropriate plant material or structures as approved by the Borough.

(3) Fire and safety provisions shall be adequate to meet local and state requirements.

(4) Schools in residential zoning districts shall be limited to public and private schools accredited by the commonwealth whose primary purpose is the education and training of children and youths.

(5) Schools may provide a day-care center as an ancillary service.

(6) Schools which provide a day-care center shall also meet the express standards and criteria for a day-care center.

U. Solar energy production facilities, large.

(1) Large solar energy production facilities. Large solar energy production facilities shall be subject to the following regulations:

(a) The layout, design, and installation of large solar energy production facilities shall conform to applicable industry standards, including those of the ANSI, Underwriters Laboratories (UL), the ASTM, or other similar certifying organizations, and shall comply with the Pennsylvania Uniform Construction Code (UCC), Act 45 of 1999, as amended,[2] and with all other applicable fire and life safety requirements. The manufacturer specifications shall be submitted as part of the application.

[2] Editor's Note: See 35 P.S. §§ 7210.101 et seq.

(b) All on-site utility and transmission lines extending to and from the large solar energy production facility shall be placed underground.

(c) All large solar energy production facilities shall be designed and located in order to prevent reflective glare toward any inhabited buildings on adjacent properties as well as adjacent street rights-of-way.

(d) Large solar energy production facilities mounted on the roof of any building shall be subject to the maximum height regulations specified within each zoning district.

(e) The owner shall provide evidence in the form of stamped plans certified by a professional engineer that the roof is structurally sound.

(f) All ground-mounted and freestanding solar collectors of large solar energy production facilities shall be completely enclosed by a minimum eight-foot-high fence with a self-locking gate.

(g) A clearly visible warning sign concerning voltage shall be placed at the base of all pad-mounted transformers and substations or fence.

(h) For a building-mounted system installed on a sloped roof that faces the front yard, the system must be installed at the same angle as the roof on which it is installed with a maximum distance, measured perpendicular to the roof, of 18 inches between the roof and the highest edge of the system.

(i) Building-mounted systems mounted on a flat roof shall not be visible from the public right-of-way immediately adjacent to the property at ground level. System components can be screened with architectural treatments such as a building parapet walls or other screening or by setting the system back from the roof edge in such a way that it is not visible from the public right-of-way at ground level.

(j) For a building-mounted system installed on a sloped roof, the highest point of the system shall not exceed three feet above the highest point of the roof line to which it is attached.

(k) For a building-mounted system installed on a flat roof, the highest point of the system shall not exceed six feet above the roof to which it is attached.

(l) The surface area off ground-mounted systems, regardless of the mounted angle of any portion of the system, is considered impervious surface and shall be calculated as part of the lot coverage limitations for the zoning district in which it is located.

(m) No signage or graphic content may be displayed on the system except the manufacturer's badge, safety information and equipment specification information. Said information shall be depicted within an area no more than 36 square inches in size.

(n) Vacation, abandonment and/or decommissioning of solar facilities:

[1] The solar energy production facility owner is required to notify the Borough immediately upon cessation or abandonment of the operation.

[2] Discontinuation/abandonment is presumed when a solar system has been disconnected from the net metering grid for a period of six continuous months or has not produced electricity for a period of six months. The burden of proof in the presumption of discontinuation/abandonment shall be upon Brentwood Borough.

[3] The solar facilities and all related equipment must be removed within 12 months of the date of discontinuation or abandonment or upon the determination of the useful life of the solar system.

[4] For ground-mounted and building-mounted systems, removal includes removal of all structural and electrical parts of the ground- or building-mounted system and any associated facilities or equipments and removal of all net metering equipment.

[5] If the owner fails to remove or repair the vacated, abandoned or decommissioned solar facilities within the twelve-month period outlined above, the Borough reserves the right to enter the property, remove the system and charge the landowner and/or facility owner and operator for all costs and expenses including reasonable attorney's fees or pursue other legal action to have the system removed at the owners expense.

[6] Any unpaid costs resulting from the Borough's removal of a vacated, abandoned or decommissioned solar system shall constitute a lien upon the property against which the costs were charged. Each such lien may be continued, recorded and released in the manner provided by the general statutes for continuing, recording and releasing property tax liens.

(o) At the time of issuance of the permit for the construction of the large solar energy production facility, the owner shall provide financial security in form and amount acceptable to the Borough to secure the expense of dismantling and removing said structures.

V. Solar energy systems, small.

(1) Small solar energy system. Small solar energy systems shall be permitted in all zoning districts as appurtenances to any building or as accessory structures and shall be subject to the following regulations:

(a) The design and installation of small solar energy systems shall conform to applicable industry standards, including those of the ANSI, Underwriters Laboratories (UL), the ASTM, or other similar certifying organizations, and shall comply with the Pennsylvania Uniform Construction Code (UCC), Act 45 of 1999, as amended,[3] and with all other applicable fire and life safety requirements. The manufacturer specifications shall be submitted as part of the application.

[3] Editor's Note: See 35 P.S. §§ 7210.101 et seq.

(b) All small solar energy systems shall be designed and located in order to prevent reflective glare toward any inhabited structure on adjacent lots as well as adjacent street rights-of-way.

(c) All on-site utility and transmission lines extending to and from the small solar energy system shall be placed underground.

(d) Except when mounted on the roof of a habitable structure, no part of any small solar energy system shall be located within or above any front yard, along any required yard with street frontage, nor within any required setback of any lot.

[Amended 12-10-2018 by Ord. No. 1269]

(e) Small solar energy systems mounted on the roof of any building shall be subject to the maximum height regulations specified within each zoning district. The owner shall provide evidence in the form of stamped plans certified by a professional engineer that the roof is structurally sound.

(f) Small solar energy systems which are ground-mounted or detached from the principal or accessory structure shall not exceed 12 feet in height.

(g) For a building-mounted system installed on a sloped roof that faces the front yard, the system must be installed at the same angle as the roof on which it is installed with a maximum distance, measured perpendicular to the roof, of 18 inches between the roof and the highest edge of the system.

(h) For a building-mounted system installed on a sloped roof, the highest point of the system shall not exceed three feet above the highest point of the roof line to which it is attached.

(i) For a building-mounted system installed on a flat roof, the highest point of the system shall not exceed six feet above the roof to which it is attached.

(j) Building-mounted systems mounted on a flat roof shall not be visible from the public right-of-way immediately adjacent to the property at ground level. System components can be screened with architectural treatments such as a building parapet walls or other screening or by setting the system back from the roof edge in such a way that it is not visible from the public right-of-way at ground level.

(k) The surface area of ground-mounted systems, regardless of the mounted angle of any portion of the system, is considered impervious surface and shall be calculated as part of the lot coverage limitations for the zoning district in which it is located.

(l) No signage or graphic content may be displayed on the system except the manufacturer's badge, safety information and equipment specification information. Said information shall be depicted within an area no more than 36 square inches in size.

(m) The owner shall provide a copy of the letter from the electric utility company indicating that it has received and processed an application for interconnection of renewable generation equipment with the application for a zoning permit. The owner shall provide a copy of the final inspection report or other final approval from the electric utility company to the Borough prior to the issuance of a certificate of use and occupancy for the small solar energy system. Off-grid systems shall be exempt from this requirement.

(n) Vacation, abandonment and/or decommissioning of solar facilities:

[1] The solar facility owner is required to notify the Borough immediately upon cessation or abandonment of the operation.

[2] Discontinuation/abandonment is presumed when a solar system has been disconnected from the net metering grid for a period of six continuous months or has not produced electricity for a period of six months. The burden of proof in the presumption of discontinuation/abandonment shall be upon Brentwood Borough.

[3] The solar facilities and all related equipment must be removed within 12 months of the date of discontinuation or abandonment or upon the determination of the useful life of the solar system.

[4] For ground-mounted and building-mounted systems, removal includes removal of all structural and electrical parts of the ground- or building-mounted system and any associated facilities or equipments and removal of all net metering equipment.

[5] If the owner fails to remove or repair the vacated, abandoned or decommissioned solar facilities within the twelve-month period outlined above, the Borough reserves the right to enter the property, remove the system and charge the landowner and/or facility owner and operator for all costs and expenses including reasonable attorney's fees or pursue other legal action to have the system removed at the owners expense.

[6] Any unpaid costs resulting from the Borough's removal of a vacated, abandoned or decommissioned solar system shall constitute a lien upon the property against which the costs were charged. Each such lien may be continued, recorded and released in the manner provided by the general statutes for continuing, recording and releasing property tax liens.

(o) In the event that provisions of this section conflict with the provisions of Article III relating to accessory uses and structures, the more stringent provision shall apply.

W. Solid waste facilities (transfer stations, incinerators, landfill).

(1) Ingress to and egress from solid waste facilities shall be permitted by roads to serve only the solid waste facilities. Street design shall allow a weight limit of 19,000 pounds per axle. Approach and departure traffic routes for a solid waste facility shall not be permitted through local streets primarily intended to provide access to residences in a neighborhood.

(2) A nonclimbable security fence at least eight feet in height shall be installed around all portions of solid waste facilities directly involved in the storage, handling, and disposal of solid waste.

(3) All buildings or structures used for the storage, treatment, processing, recycling, collection, recovery, or disposal of solid waste shall be located at least 500 feet from any exterior property line when such property line abuts a residential zoning district.

(4) The hours of operation shall be limited from 7:00 a.m. to 7:00 p.m., except that the hours of operation may be extended when the DEP certifies that sanitation conditions require an extension of operating hours.

(5) Municipal solid waste landfills shall be covered in accordance with the DEP. Exterior lighting shall not cause illumination in excess of one footcandle at any property line, except that internally illuminated signs at the entrance to the landfill may exceed this standard where necessary.

X. Tavern or bar: see "night club."

Y. Wind energy production facility, large.

(1) Large Wind Energy Production Facility - Large wind energy production facilities shall be subject to the following regulations:

(a) The layout, design, and installation of large wind energy production facilities shall conform to applicable industry standards, including those of the ANSI, Underwriters Laboratories (UL), the ASTM, or other similar certifying organizations, and shall comply with the Pennsylvania Uniform Construction Code (UCC), Act 45 of 1999, as amended,[4] and with all other applicable fire and life safety requirements. The manufacturer specifications shall be submitted as part of the application.

[4] Editor's Note: See 35 P.S. §§ 7210.101 et seq.

(b) Large wind energy production facilities shall not generate noise which exceeds 55 decibels measured at any property line.

(c) All on-site utility and transmission lines extending to and from the large wind energy production facility shall be placed underground.

(d) All large wind energy production 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. Staff regulation shall not be considered a sufficient braking system for overspeed protection.

(e) Large wind energy production facilities shall not be artificially lighted, except to the extent required by the FAA.

(f) Wind turbines and towers shall not display advertising, except for reasonable identification of the large wind energy production facility's manufacturer. Such sign shall have an area of less than four square feet.

(g) Wind turbines and towers shall be a nonobtrusive color such as white, off-white or gray.

(h) All large wind energy production facilities shall, to the extent feasible, be sited to prevent shadow flicker on any occupied building on adjacent lot.

(i) A clearly visible warning sign concerning voltage shall be placed at the base of all pad-mounted transformers and substations or fence.

(j) All access doors to wind turbines and electrical equipment shall be locked or fenced, as appropriate, to prevent entry by nonauthorized persons.

(k) No portion of any large wind energy production system shall extend over parking areas, access drives, driveways or sidewalks.

(l) All large wind energy production facilities shall be independent of any other structure and shall be located a minimum distance of 1.1 times the turbine height from any inhabited structure, property line, street right-of-way, or overhead utility line.

(m) The minimum height of the lowest position of the wind turbine shall be 30 feet above the ground.

(n) All large wind energy production facilities shall be completely enclosed by a minimum eight-foot-high fence with a self-locking gate, or the wind turbines' climbing apparatus shall be limited to no lower than 12 feet from the ground, or the wind turbines' climbing apparatus shall be fully contained and locked within the tower structure.

(o) The large wind energy production facility owner is required to notify the Borough immediately upon cessation or abandonment of the operation. The large wind energy production facility owner shall then have 12 months in which to dismantle and remove the large wind energy production facility from the lot. At the time of issuance of the permit for the construction of the large wind energy production facility, the owner shall provide financial security in form and amount acceptable to the Borough to secure the expense of dismantling and removing said structures.

Z. Wind energy system, small.

(1) Small wind energy system: Small wind energy systems shall be permitted in all zoning districts as accessory uses and accessory structures and shall be subject to the following regulations:

(a) The design and installation of all small wind energy systems shall conform to applicable industry standards, including those of the ANSI, Underwriters Laboratories (UL), the ASTM, or other similar certifying organizations, and shall comply with the Pennsylvania Uniform Construction Code (UCC), Act 45 of 1999, as amended,[5] and with all other applicable fire and life safety requirements. The manufacturer specifications shall be submitted as part of the application.

[5] Editor's Note: See 35 P.S. §§ 7210.101 et seq.

(b) No more than one small wind energy system shall be permitted per lot.

(c) Small wind energy systems shall not generate noise which exceeds 55 decibels measured at any property line.

(d) Small wind energy systems shall not be artificially lighted, except to the extent required by the FAA.

(e) All on-site utility and transmission lines extending to and from the small wind energy system shall be placed underground.

(f) No part of any small wind energy system shall be located within or above any front yard, along any street frontage, nor within any required setback of any lot.

(g) All small wind energy systems shall be independent of any other structure and shall be located a minimum distance of 1.1 times the turbine height from any inhabited structure, property line, street right-of-way, or overhead utility line.

(h) The maximum height of any small wind energy system shall not exceed the greater of 50 feet or the maximum height or the zoning district in which it is located.

(i) No portion of any small wind energy system shall extend over parking areas, access drives, driveways or sidewalks.

(j) The minimum height of the lowest position of the wind turbine shall be 15 feet above the ground.

(k) All small wind energy systems shall be completely enclosed by a minimum eight-foot-high fence with a self-locking gate, or the wind turbine's climbing apparatus shall be limited to no lower than 15 feet from the ground, or the wind turbine's climbing apparatus shall be fully contained and locked within the tower structure.

(l) Small wind energy systems shall not display advertising, except for reasonable identification of the small wind energy system's manufacturer. Such sign shall have an area of less than four square feet.

(m) When an accessory building is necessary for storage cells or related mechanical equipment, the accessory building shall not have a floor area exceeding 200 square feet, and shall comply with the accessory building requirements specified within each zoning district.

[1] Accessory buildings shall not be located within any front yard or along any street frontage, nor within any required setback of any lot.

(n) The owner shall provide a copy of the letter from the electric utility company indicating that it has received and processed an application for interconnection of renewable generation equipment with the application for a zoning permit. The owner shall provide a copy of the final inspection report or other final approval from the electric utility company to the Borough prior to the issuance of a certificate of use and occupancy for the small wind energy system. Off-grid systems shall be exempt from this requirement.

(o) The owner of the small wind energy system shall, at the owner's expense, complete decommissioning within 12 months after the end of the useful life of the small wind energy system. It shall be presumed that the wind turbine is at the end of its useful life if no electricity is generated for a continuous period of 12 months.

(p) The owner of the small wind energy system shall provide evidence that the owner's insurance policy has been endorsed to cover damage or injury that might result from the installation and operation of the small wind energy system.

AA. Outdoor dining.

[Added 12-10-2018 by Ord. No. 1269]

(1) No food preparation or storage of refuse may take place within outdoor dining areas.

(2) The dining area shall not obstruct the use of any egress door, egress aisle, or fire suppression equipment.

(3) Outdoor dining is permitted between the hours of 9:00 a.m. and 11:00 p.m.

(4) The use of sound amplification equipment is prohibited.

(5) The use of outdoor heating devices with open flames is prohibited.

(6) Furnishings shall be expressly designed for outdoor use and shall be maintained in a clean and safe condition.

(7) The outdoor dining area shall be set back a minimum of 25 feet from any R-1 or R-2 Zoning District.

(8) Outdoor dining areas that extend into a public right-of-way are subject to the following additional regulations.

(a) Outdoor dining areas shall provide not less than four contiguous feet of sidewalk clear of obstructions to allow unimpeded pedestrian access.

(b) If the outdoor dining area is within 15 feet of an intersection, there shall be a minimum of eight feet of unobstructed sidewalk as measured from the edge of the pedestrian curb ramp.

(c) All furnishings, planters, and railings shall be properly weighted to prevent movement.

(d) Outdoor dining areas shall maintain adequate lighting of not less than 1/2 footcandle in and around the sidewalk.

(e) Outdoor dining areas may only operate within a public right-of-way between April 1 and October 31 annually.

BB. Wireless communications facilities.

[Added 12-10-2018 by Ord. No. 1269]

(1) Tower-based wireless communications facilities that are constructed on lot and outside of the right-of-way shall be subject to the following bulk and area regulations.

(a) The height of the tower and all antennas shall not exceed 150 feet. Towers shall be designed to the minimum functional height. Applicants must submit documentation justifying the total height.

(b) If the facility is constructed as a secondary use, the total area needed to construct the tower, guy wires, equipment buildings, and a security fence shall comply with the requirements for the zoning district.

(c) The tower shall be set back from all property lines at least 100% of the combined height of the tower and antenna, or the minimum setback for the zoning district, whichever is greater.

(d) Equipment buildings shall be subject to the minimum setback requirement for the zoning district.

(2) Tower-based wireless communications facilities that are constructed within the right-of-way shall have a maximum height of 40 feet, which shall include the tower and all antennas. Towers shall be designed to the minimum functional height. Applicants must submit documentation justifying the total height.

(3) Non-tower-based wireless communications facilities that are constructed on lot and outside of the right-of-way shall be subject to the following bulk and area regulations.

(a) No portion of a facility constructed as a secondary use shall exceed a height of 15 feet above the roof of the primary structure.

(b) No portion of a facility co-located on an electric transmission tower, streetlight, utility pole, traffic signal, or similar structure shall exceed a height of five feet above highest point of said structure.

(c) Equipment buildings shall be subject to the minimum setback requirement for the zoning district.

(4) Non-tower-based wireless communications facilities that are constructed within the right-of-way shall consist of equipment components designed at minimum functional height.

(5) All wireless communications facilities shall be subject to the following design, construction, and operation standards:

(a) All facilities shall be designed, constructed, inspected, operated, maintained, repaired, modified and removed in strict compliance with all current applicable federal and state technical and safety codes.

(b) Subdivision plan approval shall not be required when a facility is located on a leased parcel that constitutes only a portion of a lot.

(c) All facilities shall be operated in accordance with all applicable Federal Communication Commission rules regarding interference with public safety communications or the reception of broadband, television, radio or other communication services.

(d) Tower-based wireless communications facilities located outside of the right-of-way shall be designed to accommodate both the facility applicant's antennas and comparable antennas for future users. As a condition of approval for all tower-based wireless communications facilities, the applicant shall agree to allow other service providers to co-locate antennas where technically and economically feasible.

(e) Tower-based wireless communications facilities shall include a posted sign at the location. Such signage shall include the name of the managing entity, a phone number to be dialed in the event of an emergency, and, if applicable, the Federal Communication Commission registration number. Such signage shall not include commercial advertising and shall not exceed a size of two square feet. Tower-based wireless communications facilities located within the right-of-way.

(f) Tower-based wireless communications facilities shall not be artificially lighted unless required by state or federal law. If lighting is required, the applicant shall provide a detailed plan for sufficient lighting, which shall have as unobtrusive and inoffensive an effect as is permissible.

(g) Tower-based wireless communications facilities shall be operated and maintained so as not to produce noise in excess of 45 decibels as measured from the nearest property line, except in emergency situations requiring the use of a backup generator, where such noise standards may be exceeded on a temporary basis. The use of generators for wireless communications facilities within a right-of-way is prohibited.

(h) A security fence with a minimum height of eight feet shall surround any tower-based wireless communications facilities located outside a right-of-way. The fence shall encapsulate all guy wires, associated equipment, and buildings.

(i) Any applicant proposing a nontower wireless communications facilities to be placed on a structure shall submit detailed construction and elevation drawings indicating how the facility will be mounted.

(j) All wireless communications facilities 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. When feasible, all non-tower-based wireless communications facilities shall be pole mounted. No portion of any non-tower-based wireless communications facility that is located within a right-of-way may extend or protrude past the edge of the curb.

(k) The applicant shall describe anticipated maintenance needs, including frequency of service, personnel needs, equipment needs, and the traffic, safety, and noise impacts of such maintenance.

(l) A soil report complying with the standards of geotechnical investigations of the Electronics Industry Association and Telecommunications Industry Association shall be submitted to the Township Engineer prior to construction to document and verify the design specifications of the foundation for the wireless support structure and anchors for the guy wires.

(m) No wireless communications facility may be located upon the property of any structure that is listed on the National Register of Historic Places or Pittsburgh History and Landmarks Foundation Historic Landmark Program.

(6) All wireless communications facilities shall be subject to the following aesthetic, landscaping, and screening standards:

(a) All wireless communications facilities shall employ the most current stealth technology available in an effort to appropriately blend the proposed facility into the surrounding environment and minimize the aesthetic impact. All utility buildings and accessory structures shall be designed to blend into the environment in which they are situated. The applicant for any tower-based wireless communications facility must provide documentation detailing the nature of the proposed stealth technology.

(b) Tower-based wireless communications facilities located outside the right-of-way shall be screened by evergreen trees that, at the time of planting, have a minimum height of six feet and that will grow to a minimum height of 15 feet at maturity. Said trees shall be placed around the perimeter of the security fence at ten-foot centers.

(7) All wireless communications facilities shall be subject to the following replacement, co-location, and modification standards.

(a) Any application for replacement, co-location, or modification of an existing wireless communications facility shall not be subject to the issuance of new zoning or land use approvals, provided that there is no substantial change.

(b) Nonroutine modification activities, which shall include any modification that increases the total height of the wireless communications facility, shall require the applicant to obtain a zoning permit from the Borough.

(8) In addition to all other permit requirements under this chapter, a permit application for a wireless communications facility shall not be approved or considered complete unless the Borough has found that the applicant has complied with the following conditions, as applicable:

(a) An application for a new tower-based wireless communications facility outside of the right-of-way shall not be approved unless the Borough finds that the wireless communications equipment planned for the proposed facility cannot be co-located on an existing structure or building within a one-mile radius of the proposed tower-based wireless communications facility location to achieve the coverage or capacity objectives of the applicant.

(b) An applicant for a tower-based wireless communications facility must demonstrate that a significant gap in wireless coverage exists or lack of adequate capacity is likely to exist within six months of the filing of its application with respect to the applicant in the area. It shall be incumbent upon the applicant to prove to the reasonable satisfaction of the Borough that the applicant cannot adequately extend or infill its communications system by the use of equipment such as redoes, repeaters, antennas, and other similar equipment installed on existing structures, such as utility poles or other available tall structures. The applicant shall further demonstrate that the proposed facility must be located where it is proposed in order to serve the applicant's service area and that no other viable alternative location exists.

(c) An applicant for any wireless communications facility shall submit a copy of the lease or other form of written authorization with the property owner confirming that the applicant has standing to file the application and maintain the proposed facility on the subject property.

(d) When applicable, an applicant must demonstrate that it is licensed by the Federal Communications Commission (FCC) and submit with its application copies of all FCC permits and licenses, including the name, address, and emergency telephone number for the operator of the facility.

(e) The applicant shall demonstrate that the proposed facility, by itself or in conjunction with other facilities, complies with all applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic emissions.

(f) The applicant shall provide a certificate of insurance issued to the owner and/or operators of the facility, evidencing that there is or will be adequate current liability insurance in effect.

(g) Prior to the issuance of a permit authorizing construction and erection of a tower-based wireless communications facility, a structural engineer registered in Pennsylvania shall issue to the Borough a written certification of ability of the proposed facility to meet the structural standards offered by either the Electronic Industries Association or the Telecommunications Industry Association and certify the proper construction of the foundation and the erection of the structure. This certification shall, where feasible, be provided during the conditional use hearing.

(h) As a condition of approval for all tower-based wireless communications facilities, the applicant shall provide the Borough with a written commitment that it will allow other service providers to co-locate antennas where technically and economically feasible.

(9) Prior to approval a conditional use permit for the construction and installation of a tower-based wireless communications facility, the applicant must provide the following along with the conditional use application:

(a) A propagation study evidencing the need for the proposed tower, a description of the type and manufacturer of the proposed transmission equipment, the frequency range assigned to applicant, the power in watts at which the applicant transmits, and any relevant related tests conducted by the applicant in determining the need for the proposed site and installation.

(b) Documentation demonstrating that the proposed facility complies with all state and federal laws and regulations concerning aviation safety and that said facility is designed to withstand the effects of wind according to the standard designed by the American National Standards Institute.

(c) Where the facility is located on a property with another principal use, the applicant shall present documentation that the owner of the property has granted an easement for the proposed facility and that vehicular access will be provided to the facility.

(d) Documentation and other evidence demonstrating that the proposed facility complies with all applicable provisions in this chapter, including, but not limited to height requirements, design, construction and operation requirements, safety requirements, and aesthetic, landscaping, and screening requirements.

(10) Every tower-based wireless communications facility in a right-of-way is subject to the right of the Borough to fix annually a fair and reasonable fee to be paid for use and occupancy of the right-of-way. Such compensation for the right-of-way use shall be directly related to the actual right-of-way management costs.

(11) The use of guy wires is subject to conditional use approval. Documentation evidencing the need for the guy wires and a description of the guy wire installation must be provided by the applicant with the conditional use application.

(12) In the event that use of a wireless communications facility 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 facilities or portions thereof shall be removed as follows:

(a) All unused or abandoned facilities 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 facility is not removed within six months of the cessation of operations at a site, or within any longer period approved by the municipality, the facility and accessory equipment may be removed by the municipality and the cost of removal assessed against the legal or equitable owner of the facility.

(c) Any unused portions of facilities, 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 wireless communications facilities previously removed.

(d) The facility owner or operator shall post and maintain funds for removal of all structures associated with the facility in an amount equal to the identified removal costs, as adjusted over time. The removal funds shall be posted and maintained with a bonding company or chartered lending institution chosen by the facility owner or operator, provided that the bonding company or lending institution is authorized to conduct business within the commonwealth. An independent and certified professional engineer shall be retained by the applicant to estimate the cost of removal without regard to salvage value of the equipment. Said estimates shall be submitted to the Township after the first year of operation and every five years thereafter.

(13) Strand-mounted wireless communication facilities shall be subject to the following installation, placement, maintenance, and replacement standards:

[Added 6-15-2020 by Ord. No. 1288]

(a) Any applicant for a new strand-mounted wireless communication facility shall attach to the application for a conditional use permit the following information:

[1] The name, physical address, phone number, and email address of the applicant.

[2] The geographic coordinates of the proposed strand-mounted wireless communication facility and the nearest street intersection.

[3] A computer-generated rendering that depicts the proposed strand-mounted wireless communication facility from at least two different viewpoints.

[4] If the owner of the utility pole or communications cable is different from the applicant, proof of authority to attach a strand-mounted wireless communication facility to the same.

[5] A plan detailing all new cable to be installed as part of the proposed strand- mounted wireless communication facility.

[6] A plan showing the lowest point of the proposed strand-mounted wireless communication facility relative to ground level.

[7] The make, model, and color of the proposed antenna and all accessory equipment.

(b) Any new strand-mounted wireless communication facility shall be subject to the following design requirements:

[1] All equipment associated with a strand-mounted wireless communication facility shall be contained within a single equipment shroud of no larger than 18 inches in length, 12 inches in width, and 10 inches in height, and no exterior antenna shall be longer than 11 inches in length.

[2] Strand-mounted wireless communication facilities shall be grey in color or shall be treated to match the color of the communications cables to which they are attached to the satisfaction of the Borough.

[3] No excess spools of wiring or cable shall be installed in conjunction with any strand-mounted wireless communication facility.

[4] Meter housings shall be located so as not to violate pedestrian or vehicle accessibility requirements.

[5] Strand-mounted wireless communication facilities shall be designed, constructed, inspected, operated, maintained, repaired, modified, and removed in strict compliance with all applicable federal, state, and local technical and safety codes.

[6] Any pole-mounted accessory equipment associated with a strand-mounted wireless communication facility shall comply with all other applicable requirements of § 210-35BB of the Borough Code.

CC. Short-term lodging accommodations.

[Added 8-24-2020 by Ord. No. 1283]

(1) Short-term lodging accommodations shall be considered rental units and must be compliant with the terms of Chapter 163 of the Brentwood Borough Code, which regulates rental property, including, but not limited to, such provisions related to registration, licensing, and inspections.

(2) No outward modification of the structure or grounds shall be made other than those associated with those permitted for the principal residential use.

(3) One off-street parking stall shall be provided for each sleeping room in the dwelling unit.

(4) Overnight occupancy shall be limited to no more than two persons per bedroom plus two additional persons per dwelling unit. The maximum daylight occupancy allowed at any one time shall not exceed 150% of the permitted overnight occupancy load The short-term lodging accommodation shall not be advertised via any booking agent or website to accommodate more than the maximum number of overnight occupants permitted by this section.

(5) The length of stay per overnight occupant shall be limited to 30 consecutive days.

(6) A short-term lodging accommodation may not be located on a lot that is within 500 feet of a lot on which another short-term lodging accommodation is located

(7) Concerts, weddings, conferences, and other special events shall be prohibited on the lot of any short-term lodging accommodation.

(8) The use shall not cause an increase in the use of water, sewage, garbage, police monitoring, or any other municipal services beyond that which is normal for the property.

(9) The applicant for a short-term lodging accommodation shall provide evidence of registration to collect state and county hotel occupancy taxes.