Municipality of Bethel Park, PA Article IX Supplementary Regulations

69.35 Additional height, area and yard requirements. [1]

The district regulations set forth in this section qualify or supplement, as the case may be, the district regulations appearing elsewhere in this ordinance.

69.35.1. Additional height regulations.

1. Single-family dwellings and two-family dwellings. Any building other than a multistory multiple-family dwelling may be increased in height by not more than 10 feet when the side and rear yards are increased over the yard requirements of the district in which they are located by not less than 10 feet (but they shall not exceed three stories in height).

[Amended 6-8-1970 by Ord. No. 6-8-70A]

2. Chimneys, cooling towers, elevator bulkheads, fire towers, monuments, stacks, stage towers or scenery lofts, tanks, water towers, ornamental towers and spires, radio towers or necessary mechanical appurtenances may be erected to a height above the limitations of the district, but not to exceed 15 feet over such limitations.

69.35.2. Additional area regulations.

1. No accessory building shall be constructed upon a lot until the construction of the main building has been actually commenced, and no accessory building shall be used for dwelling purposes unless the main building on the lot is also being used for dwelling purposes.

2. More than one industrial, commercial, multiple-family dwelling or institutional building may be erected upon a single lot or tract, but the yards and open spaces required around the boundaries of the lot or tract shall not be encroached upon by such buildings, nor shall there be any change in the intensity of use requirements.

3. Where an open space is more than 50% surrounded by building, the minimum width of the open space shall be 30 feet for one-story buildings, 40 feet for two-story buildings and 50 feet for three-story buildings and multistory buildings.

69.35.3. Additional yard regulations.

1. In computing the depth of a rear yard where such yard abuts an alley, its width may be included as a portion of the rear yard.

2. Detached structures or accessory buildings which are not part of the main building must be located at least 10 feet from the side lot line and at least five feet from the rear lot line and must be located behind the building line and must be located behind the front face of the primary structure and not within any required or established front yard area. Structures commonly referred as "dish-type antennas" that have dishes exceeding 20 inches in diameter may not be attached to, mounted on or supported by single-family dwellings or to buildings accessory to single-family dwelling and they must be supported by the ground with no part of the antenna having a height greater than 20 feet above the ground. Dish-type antennas under 20 inches in diameter may be attached to, mounted on or supported by single-family dwellings or by buildings accessory to a single-family dwellings, but shall not have a height greater than four feet above the highest point of the building roof. No accessory building or structure, except a fence or wall, may be located within a required buffer area.

[Amended 10-12-1981 by Ord. No. 10-12-81D; 8-14-1995 by Ord. No. 8-14-95B; 2-12-1996 Ord. No. 2-12-96C; 9-13-1999 by Ord. No. 9-13-99B]

3. Every part of a required yard shall be open to the sky, unobstructed, except for accessory buildings in a rear yard, and except for the ordinary projections of skylights, sills, belt courses, cornices and ornamental features projecting not to exceed 12 inches. This requirement shall not prevent the erection of patio or porch covers or roofs or fences not exceeding six feet in height, except on that portion of lots within 30 feet of the intersection of two or more streets.

4. Open or lattice-enclosed fire escapes, fireproof outside stairways and balconies opening upon fire towers, projecting into a yard not more than four feet six inches, and the ordinary projections of chimneys and flues, may be permitted by the Building Inspector.

5. For the purpose of side yard requirements, a two-family dwelling shall be considered as one building occupying a single lot.

6. An open, unenclosed porch not more than one story in height, or paved terrace, may project into the required front yard for a distance not exceeding 10 feet. An enclosed vestibule containing not more than 40 square feet may project into the required yard for a distance not to exceed five feet.

7. Terraces, unenclosed porches, platforms and ornamental features, including patios with covers or roofs, may project into a required yard at the side or rear of a lot, provided that such projection be distant not less than two feet from an adjacent property line or 12 feet from a building on an adjacent lot.

8. When, on the effective date of this ordinance, 40% of a frontage is developed with two or more buildings, then the depth of the front yards heretofore established shall be adjusted in the following manner:

a. When the building furthest from the street provides a front yard no more than 10 feet greater than the building closest to the street, then the average depth of the front yard for such frontage shall be the minimum depth of the front yards for all buildings in such block.

b. When the above is not the case and the lot is within 100 feet of an existing building on each side, excluding, however, buildings on corner lots which front upon the intersecting street, then the depth of the front yard is determined by a line drawn from the closest front corners of these two adjacent buildings.

c. Application of the above regulations shall not be construed to require a front yard greater than that required by the district regulations. In all districts, a triangular open space must be maintained at street corners and at driveway entrances with the purpose of maintaining visibility for traffic conditions. This triangular open space shall be maintained between three and 12 feet above the street grade. The street grade is measured at the intersection of the center lines of intersecting street pavements or at the intersection of the center lines of the intersecting driveway and street pavement. The triangular space is determined by a diagonal line connecting two points which are 15 feet distant and on each side of such driveway opening, or point to point of the tangents at the corner of the lot for corner lots.

d. In Single-Family Dwelling Districts R-1, R-2 and R-3, when 75% of the frontage of a block on both sides of the street between two intersecting streets or between an intersecting street and a cul-de-sac has been developed with main buildings and accessory buildings with side yards less than those required by the dwelling district in which said property is situated, then the side yard requirement for any main buildings or accessory buildings in said block may be the average side yard of all parcels of property in said block rather than the side yard set forth in the dwelling district in which said parcel of property is situated. In determining the existing side yard of any developed parcel, in order to compute the average herein required, the side yard of the main building on any developed parcel shall be used, except that when an accessory building exists with a smaller side yard than the main building has, the side yard shall be taken as being the average between the side yard of the main building and the side yard of the accessory building.

9. An existing building which has side yards less than those required for the zoning district in which the property is located may be expanded to the rear, provided that such expansion results in no further decrease in the side yards and that the expansion is in compliance with applicable rear yard and percentage of lot coverage requirements.

[Added 9-12-1977 by Ord. No. 9-12-77A; amended 10-12-1981 by Ord. No. 10-12-81E]

10. An existing building which has side and/or front yards less than those required for the zoning district in which the property is located may be expanded vertically, provided that such expansion will comply with the applicable height requirements.

[Added 10-12-1981 by Ord. No. 10-12-81E]

11. An existing building which has a front yard less than that required for the zoning district in which the property is located may be expanded to the side, provided that such expansion will comply with the applicable side yard requirements.

[Added 9-12-1977 by Ord. No. 9-12-77A; amended 10-12-1981 by Ord. No. 10-12-81E]

12. Canopies which are accessory to a use wherein motor fuel is dispensed and intended to provide shelter to persons using the dispensing pumps may project into the front yard to within five feet of the front property line or into the yard abutting a street in the case of corner lots within five feet of the side property line.

[Added 8-12-1985 by Ord. No. 8-12-85D]

69.35.4. 

Additional use regulations.

1. Junk vehicles.

a. Junk vehicles as defined in Ordinance 7-14-75B or those that are disabled for over 72 hours to the degree that major parts, such as engines, transmission, wheels and rear axle assemblies are missing or those that are dismantled must be stored in a completely enclosed building. This provision shall not apply to vehicles stored on the premises or property being used as a legal auto body repair facility.

[Added 2-9-1987 by Ord. No. 2-9-87D]

2. Lighting standards.

[Added 4-13-1987 by Ord. No. 4-13-87D; amended 11-9-1998 by Ord. No. 11-9-98D]

a. General.

(1) This ordinance refers to the lighting of various types of facilities, including parking lots, service stations, commercial and residential buildings and recreational facilities, to be constructed in the Municipality of Bethel Park.

(2) All design criteria and calculation methods shall follow the latest Recommended Practice and Standards of the Illuminating Engineering Society of North America (IESNA) and Bethel Park Municipal Exterior Lighting Design Manual.

b. The following are the maximum maintained horizontal illuminances for parking facilities. These levels are given to provide the safe movement of traffic, for satisfactory vision for pedestrians and for guidance of both vehicles and pedestrians. The low-activity area recommendations are based on the requirement to maintain security at any time in areas where there is a low level of nighttime activity. Parking lots shall conform to these standards.

(1) In outdoor general parking and pedestrian areas with low-activity areas, the maximum maintained horizontal level of illumination shall be 20 lux (2.0 footcandles) and the minimum level of illumination shall be 2 lux (0.2 footcandles) on the pavement surfaces. The uniformity ratio between average to minimum illumination levels shall not exceed 4:1.

(2) In outdoor general parking and pedestrian areas with medium-activity areas, the maximum maintained horizontal level of illumination shall be 54 lux (5.0 footcandles) and the minimum level of illumination shall be 6 lux (0.6 footcandles) on the pavement surfaces. The uniformity ratio between average to minimum illumination levels shall not exceed 4:1.

(3) In outdoor general parking and pedestrian areas with high-activity areas, the maximum maintained horizontal level of illumination shall be 75 lux (7.0 footcandles) and the minimum level of illumination shall be 10 lux (0.9 footcandles) on the pavement surfaces. The uniformity ratio between average to minimum illumination levels shall not exceed 4:1.

(4) In outdoor vehicle use (only) areas with low-activity areas, the maximum maintained horizontal level of illumination shall be 10 lux (1.0 footcandles) and the minimum level of illumination shall be 5 lux (0.5 footcandles) on the pavement surfaces. The uniformity ratio between average to minimum illumination levels shall not exceed 3:1.

(5) In outdoor vehicle use (only) areas with medium-activity areas, the maximum maintained horizontal level of illumination shall be 32 lux (3.0 footcandles) and the minimum level of illumination shall be 11 lux (1.0 footcandles) on the pavement surfaces. The uniformity ratio between average to minimum illumination levels shall not exceed 3:1.

(6) In outdoor vehicle use (only) areas with high-activity areas, the maximum maintained horizontal level of illumination shall be 44 lux (4.0 footcandles) and the minimum level of illumination shall be 22 lux (2.0 footcandles) on the pavement surfaces. The uniformity ratio between average to minimum illumination levels shall not exceed 3:1.

(7) Lighting of access roads to all parking facilities should match the local roadway lighting as much as possible. The average maintained illuminance should be compatible with local conditions. The average to minimum uniformity ratio shall not exceed 3:1.

(8) Maximum pole height requirements for parking areas are as follows:

[Amended 3-14-2011 by Ord. No. 3-14-11]

(a) R-1, R-2, R-3 and OS: 12 feet, zero inches.

(b) R-4, R-5, R-T: 16 feet, zero inches.

(c) C-1: 16 feet, zero inches.

(d) C-2, C-3 and C-4: 20 feet, zero inches.

(e) C-2; shopping centers: 50 feet, zero inches.

(f) MLI: 20 feet, zero inches.

(g) CD: 12 feet, zero inches.

(9) Lighting level and pole height.

[Amended 3-14-2011 by Ord. No. 3-14-11]

(a) When a building's property line abuts an R-1, R-2, R-3, OS or CD District or a property where a single-family dwelling is built, the maximum pole height shall be 12 feet, zero inches, and no building mounting light shall be higher than the maximum pole requirements in the district in which it is located nor higher than any building on the property.

(b) When a building's property line abuts an R-4, R-5 or R-T Zoning District, the maximum pole height shall be 16 feet, zero inches, and no building mounting light shall be higher than the maximum pole requirements in the district in which it is located nor higher than any building on the property.

(c) Pole height for shopping centers in a C-2 District with parking areas in excess of 25,000 square feet shall not exceed 50 feet, provided that the property does not abut a residential district. If any portion of the property abuts a residential district, no pole heights for the property shall exceed 20 feet.

(d) The lighting shall be designed to avoid light trespass. The illumination level shall not exceed 0.5 horizontal footcandle at the property line in which the development is located.

(e) Where the property lines occur in parking and pedestrian areas or outdoor vehicle use (only) areas, the maximum horizontal level of illumination at the property line shall be no greater than the average of the maximum illumination levels permitted in the abutting areas.

(f) The maximum height of a base for a light pole shall not exceed four feet.

c. Off-street parking facilities.

(1) In Zoning Districts C-1, C-2, C-3 and MLI, the parking facilities shall conform to the latest IESNA recommended maintained horizontal illuminances for covered parking facilities.

(a) Daylight, general parking and pedestrian areas. The sum of electric lighting and daylight shall provide an average illumination on the pavement which shall not exceed 54 lux (5.0 footcandles). The uniformity ratio between average to minimum illumination levels shall not exceed 4:1.

(b) Daylight, ramps and corners. The sum of electric lighting and daylight shall provide an average illumination on the pavement which shall not exceed 110 lux (10.0 footcandles). The uniformity ratio between average to minimum illumination levels shall not exceed 4:1.

(c) Daylight, entrance areas and stairways. The sum of electric lighting and daylight shall provide an average illumination on the pavement which shall not exceed 540 lux (50.0 footcandles). The uniformity ratio between average to minimum illumination levels shall not exceed 4:1.

(d) Nighttime, general parking and pedestrian areas. The average illumination on the pavement shall not exceed 54 lux (5.0 footcandles). The uniformity ratio between average to minimum illumination levels shall not exceed 4:1.

(e) Nighttime, ramps and corners. The average illumination on the pavement shall not exceed 54 lux (5.0 footcandles). The uniformity ratio between average to minimum illumination levels shall not exceed 4:1.

(f) Nighttime, entrance areas and stairways. The average illumination on the pavement shall not exceed 54 lux (5.0 footcandles). The uniformity ratio between average to minimum illumination levels shall not exceed 4:1.

(g) In covered parking facilities, vertical illuminances of objects such as columns and walls should be equal to the horizontal values. These vertical values shall be for a location 1.8 meters (six feet, zero inches) above the pavement.

d. Service station illumination.

(1) Illumination levels shall be defined by its environs. In a brightly illuminated area, such as a major roadway or shopping district, it is considered for the purpose of this ordinance as "bright surrounds." In areas where there is limited local traffic or the property abuts any R Zoning District, it is to be considered as "dark surrounds." The determination of the surrounds shall be the responsibility of the body approving the land development or the Zoning Officer.

(a) Service stations with dark surrounds should not exceed the following levels. Driveways and approaches should not exceed 15 lux (1.5 footcandles); pump island area, 200 lux (20 footcandles); building faces, 100 lux (10 footcandles); service area, 30 lux (three footcandles); and landscape highlights, 20 lux (two footcandles).

(b) Service stations with light surrounds should not exceed the following levels. Driveways and approaches should not exceed 50 lux (five footcandles); pump island area, 300 lux (30 footcandles); building faces, 300 lux (30 footcandles); service area, 70 lux (seven footcandles); and landscape highlights, 50 lux (five footcandles).

e. Security lighting.

(1) Security lighting for any building shall conform to the latest IESNA recommended maintained horizontal illuminances for security lighting. The levels are not to be exceeded for the various applications indicated.

(a) Large open areas: five to 20 lux, (0.5-2.0 footcandles). The greater the brightness of the surrounding area, the higher the illuminance required to balance the brightness in the space.

(b) Perimeter fences: five lux (0.5 footcandles); illuminance on the ground on either side of the fence.

(c) Buildings: five to 20 lux (0.5-2.0 footcandles); vertical illuminance on the building facade.

(d) Entrances: 100 lux (10 footcandles); illuminance on the ground in the inspection area.

(e) Gatehouses: 300 lux (30 footcandles); must be dimmable to low levels.

(2) The use of motion sensors for the control of security lighting is encouraged. Infrared mounted sensors may be utilized to turn on additional active lighting to augment the normal passive security lighting when activated.

f. Recreational area lighting.

(1) The recommended target illuminances criteria for popular outdoor sports and recreational areas and activities shall meet the criteria established in the latest IESNA Handbook and the Municipal Exterior Lighting Manual. Lighting for specific recreational criteria shall meet these target values for the anticipated use. Taraet values shall be for the intended use; i.e., a baseball field should not be illuminated for Class I (television or professional play) when its intended use is for Class IV (recreational).

(2) Mounting heights shall be based on the criteria set forth in the latest IES Lighting Handbook and the Municipal Exterior Lighting Manual.

g. Procedure.

(1) When a developer proposes to change the current configuration of an existing property or create a new structure as part of a land development, the applicant shall submit a plot plan. It shall be drawn to scale and fully dimensioned, showing the placement of all exterior luminaires and proposed illumination levels and control equipment before any permits or approval is issued. Post-construction measurements of illumination levels shall be performed at the developer's expense. All violations of approved plans shall be corrected within 30 days of notification of violation. The light readings shall be attested to by a lighting consultant which is approved by the municipality or by a licensed professional engineer.

(2) The topographical drawing shall indicate the proposed maintained illumination level utilizing either the Isolux (Isofootcandle) or Point Method. A chart indicating the mounting height, maximum, average and minimum illumination levels, dirt depreciation and light loss factors used and the average to minimum illumination ratio shall be included. Parking lot and service station designs shall also provide the type of pavement used. In addition, the developer shall also submit the luminaire catalog number and technical performance data for review.

(3) The municipality may require a topographical section of the site to indicate illumination patterns on sharp grades or special terrain conditions.

h. Lighting Design Manual.

(1) The municipality of Bethel Park Lighting Design Manual illustrates the design concepts, calculation methods and design criteria required by this ordinance.

i. Fees for review costs. Based upon the scope of the work for review and determination of the complexity of the development project, the municipality may require the submitted material to be reviewed by an illumination consultant selected by the municipality. In such cases, the applicant required to submit the lighting data shall be required to pay for the cost of the consultant review. No permits for construction or occupancy of the site shall be issued until said consultant fees are paid.

3. Landscaping buffer area standards.

[Added 10-15-1991 by Ord. No. 10-15-91B]

a. It is the intent that all required buffer areas serve as a visual and acoustic screen between commercial/multifamily uses and single-family residential areas. All buffer areas shall be at least 20 feet in width and shall be planted with evergreen trees at least five feet in height at eight foot intervals. Said evergreen trees shall be tree species that will grow to a maturity height of at least 20 feet and shall be a species that is suitable for the climate and soil type of the site. The Community Development Director shall approve the tree species selected before a building permit is issued. All ground areas beneath and between the trees shall be either planted with a suitable ground cover or covered with decorative mulch or stones.

b. No structures (except fences and walls), buildings, parking lots, parking spaces, driveways, roads, streets or signs may be erected in the buffer area.

c. When a development abutting a residential zone is required to have a buffer area and the lot on which the development is located or is proposed has a portion zoned single-family residential, then the portion zoned single-family residential, then the portion zoned single-family residential may be considered in meeting the requirements for a buffer area.

[Added 4-13-1998 by Ord. No. 4-13-98B]

4. Structures used in playing basketball.

a. Structures used in playing basketball, including, but not limited to, backboards and poles may be located in municipal rights-of-way along only the last 50 properties of those local streets intended to serve and provide access to the properties abutting thereon and not connecting with other streets in such a manner as to allow or promote through traffic. In addition, the structure shall not obstruct the use of the right-of-way in any way. All allowable structures must be at least 10 feet from any side lot line, rear lot line and a projection of the side lot line in the right-of-way. This ten-foot setback shall be waived when a written agreement is in effect between two property owners allowing the basketball structure to exist within the ten-foot setback area. A building permit, as provided for elsewhere in this code, shall be required to construct a basketball structure in any right-of-way or easement area.

[Added 11-8-1993 by Ord. No. 11-8-93C; amended 10-14-1996 by Ord. No. 10-14-96D; 1-13-1997 by Ord. No. 1-13-97A]

5. Snow fences.

[Added 4-13-1998 by Ord. No. 4-13-98B]

a. Snow fences are permitted in any yard area from November 1 through May 1.

6. 

Non-tower wireless communications facilities.

[Added 1-11-1999 by Ord. No. 1-11-99B; amended 2-9-2009 by Ord. No. 2-9-2009C; 5-11-2015 by Ord. No. 5-11-15B]

a. General and specific requirements for non-tower wireless communications facilities.

(1) The following regulations shall apply to all non-tower WCF:

(a) Permitted in all zones as an accessory use subject to regulations. Non-tower WCF are permitted in all zones as an accessory use subject to the restrictions and conditions prescribed below and subject to applicable permitting by the municipality.

(b) Nonconforming wireless support structures. Non-tower WCF shall be permitted to co-locate upon nonconforming tower-based WCF and other nonconforming structures. Co-location of WCF upon existing tower-based WCF is encouraged even if the tower-based WCF is nonconforming as to use within a zoning district.

(c) Standard of care. Any non-tower WCF shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including but not limited to the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, and National Electrical Code. Any WCF shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the municipality.

(d) Wind. All non-tower WCF structures shall be designed to withstand the effects of wind according to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSI/TIA-222, as amended).

(e) Aviation safety. Non-tower WCF shall comply with all federal and state laws and regulations concerning aviation safety, as well as all applicable provisions of Section 69.45 of the Bethel Park Zoning Code (Airport District Overlay).

(f) Public safety communications. Non-tower WCF shall not interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.

(g) Radio frequency emissions. A non-tower WCF shall not, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards and regulations of the FCC, including, but not limited to, the FCC Office of Engineering Technology Bulletin 65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended.

(h) Removal. In the event that use of a non-tower WCF is discontinued, the owner shall provide written notice to the municipality of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned WCF or portions of WCF shall be removed as follows:

[1] All abandoned or unused WCFs and accessory facilities shall be removed within two months of the cessation of operations at the site unless a time extension is approved by the municipality.

[2] If the WCF or accessory facility is not removed within two months of the cessation of operations at a site, or within any longer period approved by the municipality, the WCF and/or associated facilities and equipment may be removed by the municipality and the cost of removal assessed against the owner of the WCF.

(i) Timing of approval for applications that fall under the WBCA. Within 30 calendar days of the date that an application for a non-tower WCF is filed with the municipality, the municipality shall notify the WCF applicant in writing of any information that may be required to complete such application. Within 60 calendar days of receipt of a complete application, the municipality shall make its final decision on whether to approve the application and shall advise the WCF applicant in writing of such decision. If additional information was requested by the municipality to complete an application, the time required by the WCF applicant to provide the information shall not be counted toward the municipality's sixty-day review period. The timing requirements in this section shall only apply to proposed facilities that fall under the Pennsylvania Wireless Broadband Collocation Act.[2]

[2] Editor's Note: See 53 P.S. § 11702.1 et seq.

(j) Insurance. Each person that owns or operates a non-tower WCF shall provide the municipality with a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the non-tower WCF.

(k) Indemnification. Each person that owns or operates a non-tower WCF shall, at its sole cost and expense, indemnify, defend and hold harmless the municipality, its elected and appointed officials, employees and agents, at all times against any and all claims for personal injury, including death, and property damage arising in whole or in part from, caused by or connected with any act or omission of the person, its officers, agents, employees or contractors arising out of, but not limited to, the construction, installation, operation, maintenance or removal of the non-tower WCF. Each person that owns or operates a non-tower WCF shall defend any actions or proceedings against the municipality in which it is claimed that personal injury, including death, or property damage was caused by the construction, installation, operation, maintenance or removal of a non-tower WCF. The obligation to indemnify, hold harmless and defend shall include, but not be limited to, the obligation to pay judgments, injuries, liabilities, damages, reasonable attorneys' fees, reasonable expert fees, court costs and all other costs of indemnification.

(l) Maintenance. To the extent permitted by law, the following maintenance requirements shall apply:

[1] The non-tower WCF shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.

[2] Such maintenance shall be performed to ensure the upkeep of the facility in order to promote the safety and security of the municipality's residents.

[3] All maintenance activities shall utilize nothing less than the best available technology for preventing failures and accidents.

(2) The following regulations shall apply to all collocated non-tower WCF that do not substantially change the physical dimensions of the wireless support structure to which they are attached and fall under the Pennsylvania Wireless Broadband Collocation Act:[3]

(a) Permit required. WCF applicants proposing the modification of an existing tower-based WCF shall obtain a building permit from the municipality. In order to be considered for such permit, the WCF applicant must submit a permit application to the municipality in accordance with applicable permit policies and procedures.

(b) Related equipment. Ground-mounted related equipment greater than three cubic feet shall not be located within 50 feet of a lot in residential use or zoned residential.

(c) Permit fees. The municipality may assess appropriate and reasonable permit fees directly related to the municipality's actual costs in reviewing and processing the application for approval of a non-tower WCF or $1,000, whichever is less.

[3] Editor's Note: See 53 P.S. § 11702.1 et seq.

(3) The following regulations shall apply to all non-tower WCF that do substantially change the wireless support structure to which they are attached, or that otherwise do not fall under the Pennsylvania Wireless Broadband Collocation Act:[4]

(a) Prohibited on certain structures. No non-tower WCF shall be located on single-family detached residences, single-family attached residences, or any residential accessory structure.

(b) Permit required. Any WCF applicant proposing the construction of a new non-tower WCF, or the modification of an existing non-tower WCF, shall first obtain authorization from the municipality. New constructions, modifications, and replacements that do fall under the WBCA shall be not be subject to the conditional use process. The permit application shall demonstrate that the proposed facility complies with all applicable provisions in the Bethel Park Zoning Ordinance. The Zoning Officer and Code Official shall have the authority to approve installation of non-tower WCF.

(c) Historic buildings. No non-tower WCF may be located upon any property, or on a building or structure that is listed on either the National or Pennsylvania Registers of Historic Places, or is listed on the official historic structures and/or historic districts list maintained by the municipality, or has been designated by the municipality to be of historical significance.

(d) Retention of experts. The municipality may hire any consultant(s) and/or expert(s) necessary to assist the municipality in reviewing and evaluating the application for approval of the WCF and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of these WCF provisions. The WCF applicant and/or owner of the WCF shall reimburse the municipality for all costs of the municipality's consultant(s) in providing expert evaluation and consultation in connection with these activities.

(e) Permit fees. The municipality shall assess appropriate and reasonable permit fees directly related to the municipality's actual costs in reviewing and processing the application for approval of a non-tower WCF, as well as related inspection, monitoring and related costs.

(f) Development regulations. Non-tower WCF shall be co-located on existing wireless support structures, such as existing buildings or tower-based WCF, subject to the following conditions:

[1] The total height of any wireless support structure and mounted WCF shall not exceed 15 feet above the maximum height permitted in the underlying zoning district, unless the WCF applicant applies for, and subsequently obtains, a variance, with the exception of non-tower WCFs attached to high-tension utility poles, towers or structures, where the height may not exceed the height of the existing utility pole, tower or structure. Non-tower WCFs attached to an existing building or structure shall not protrude horizontally more than three feet and shall be of such type and scale so as to match and blend in with the building.

[2] In accordance with industry standards, all non-tower WCF applicants must submit documentation to the municipality justifying the total height of the non-tower WCF. Such documentation shall be analyzed in the context of such justification on an individual basis.

[3] If the WCF applicant proposes to locate the related equipment in a separate building, the building shall comply with the minimum requirements for the applicable zoning district.

[4] Noncommercial usage exemption. Bethel Park residents utilizing satellite dishes and antennae for the purpose of maintaining television, phone, and/or internet connections at their respective residences shall be exempt from the regulations enumerated in this section of the Zoning Ordinance.

[5] A security fence shall surround any separate communications equipment building and shall be subject to the fencing design regulations set forth in the Bethel Park Zoning Ordinance. Vehicular access to the communications equipment building shall not interfere with the parking or vehicular circulations on the site for the principal use.

(g) Design regulations. Non-tower WCF shall employ stealth technology and be treated to match the wireless support structure in order to minimize aesthetic impact. The application of the stealth technology chosen by the WCF applicant shall be subject to the approval of the municipality.

(h) Removal, replacement and modification.

[1] The removal and replacement of non-tower WCF and/or accessory equipment for the purpose of upgrading or repairing the WCF is permitted, so long as such repair or upgrade does not substantially change the overall size of the WCF or the numbers of antennae.

[2] Any material modification to a WCF shall require notice to be provided to the municipality, and possible demolition permit approval to the original permit or authorization.

(i) Inspection. The municipality reserves the right to inspect any WCF to ensure compliance with the provisions of the Zoning Ordinance and any other provisions found within the Municipal Code or state or federal law. The municipality and/or its agents shall have the authority to enter the property upon which a WCF is located at any time, upon reasonable notice to the operator, to ensure such compliance.

[4] Editor's Note: See 53 P.S. § 11702.1 et seq.

(4) Regulations applicable to all non-tower WCF located in the public rights-of-way. In addition to the non-tower WCF provisions listed in this section, the following regulations shall apply to non-tower WCF located in the public rights-of-way:

(a) Co-location. Non-tower WCF in the ROW shall be located or co-located on existing poles, such as existing utility poles or light poles. If co-location is not technologically feasible, the WCF applicant shall locate its non-tower WCF on existing poles or freestanding structures that do not already act as wireless support structures with the municipality's approval.

(b) Design requirements:

[1] WCF installations located above the surface grade in the public ROW including, but not limited to, those on streetlights and joint utility poles, shall consist of equipment components that are no more than six feet in height and that are compatible in scale and proportion to the structures upon which they are mounted. All equipment shall be the smallest and least visibly intrusive equipment feasible.

[2] Antennae and related equipment shall be treated to match the supporting structure and may be required to be painted, or otherwise coated, to be visually compatible with the support structure upon which they are mounted. The base of such WCF shall be landscaped so as to screen the foundation and base and any communications building from abutting properties.

(c) Time, place and manner. The municipality shall determine the time, place and manner of construction, maintenance, repair and/or removal of all non-tower WCF in the ROW based on public safety, traffic management, physical burden on the ROW, and related considerations. For public utilities, the time, place and manner requirements shall be consistent with the police powers of the municipality and the requirements of the Public Utility Code.

(d) Equipment location. Non-tower WCFs and related 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 ROW as determined by the municipality. In addition:

[1] Ground-mounted related equipment shall not be located in any intersection areas of exclusion, as designated by the Bethel Park Municipal Zoning Code, in order to avoid visual impairment of drivers and pedestrians.

[2] Ground-mounted related equipment that cannot be placed underground shall be screened, to the fullest extent possible, through the use of landscaping or other decorative features to the satisfaction of the municipality.

[3] Required electrical meter cabinets shall be screened to blend in with the surrounding area to the satisfaction of the municipality.

[4] Any graffiti on any wireless support structures or any related equipment shall be removed at the sole expense of the owner.

[5] Any proposed underground vault related to non-tower WCF shall be reviewed and approved by the municipality.

(e) Relocation or removal of facilities. Within 60 days following written notice from the municipality, or such longer period as the municipality determines is reasonably necessary or such shorter period in the case of an emergency, an owner of a WCF in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any WCF when the municipality, consistent with its police powers and applicable Public Utility Commission regulations, shall have determined that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:

[1] The construction, repair, maintenance or installation of any municipal or other public improvement in the right-of-way;

[2] The operations of the municipality or other governmental entity in the right-of-way;

[3] Vacation of a street or road or the release of a utility easement; or

[4] An emergency as determined by the municipality.

7. Specific standards for chickens.

[Added 9-10-2018 by Ord. No. 9-10-18]

a. Definitions. As used in this section, the following terms shall have the meanings indicated:

(1) CHICKEN RUN — An enclosed area in which chickens are allowed to walk and run about. A securely fenced yard may also be permitted. Chickens are only permitted to access the chicken run during daylight hours.

(2) CHICKEN COOP — A structure for sheltering of female (pullets or hens) chickens. An existing shed or garage may be used for this purpose, provided that it meets the standards for chicken coops set forth in this article. A new and permanent chicken coop shall be considered an accessory structure and shall require a separate permit.

(3) RESIDENTIAL CHICKEN PERMIT — A permit issued under the provisions of this article for the keeping of chickens as accessory to the primary residential use of a property.

b. The keeping of chickens shall be permitted only in the R-1, R-2 and R-3 Zoning Districts as a use accessory to a dwelling.

c. Number. The number of chickens authorized shall comply with the following:

(1) For the first 3,000 square feet of a lot, up to four chickens.

(2) For each additional 1,000 square feet of a lot, one additional chicken up to a maximum of 15.

d. No roosters may be kept or harbored within the Municipality.

e. All chickens must be contained within the owner's property boundary.

f. All feed must be kept in a verminproof, airtight container.

g. No hens or chicks may be slaughtered in the Municipality.

h. Chickens shall be kept for personal use only. The selling of chickens, chicken manure, chicken eggs or the breeding of chickens for commercial purposes is prohibited.

i. Coop. A chicken coop is required for the keeping of any number of chickens. Any coop or enclosure for the chickens must be covered, predator-proof and thoroughly ventilated and be of a sufficient size to admit free movement of the chickens. Chicken coops shall be kept clean.

(1) Any chicken coop must be located a minimum of 10 feet from any side lot line and at least 10 feet from any rear lot line and cannot be located in any front yard.

(2) Chicken coops shall be at least three square feet in size for one chicken plus a minimum of two additional square feet per additional chicken.

(3) All chickens must be kept in a chicken coop or chicken run at all times. The chickens shall be secured within the coop during nondaylight hours.

j. Waste storing and removal. Anyone keeping and raising chickens pursuant to this article must safely dispose of all waste products through on-site composting. A manure management plan will be required as part of the permit application and may be subject to the review of the Allegheny County Conservation District. The manure management plan shall include actions to be taken to reduce the attraction of predators and rodents and to prevent the infestation of insects and parasites. Under no circumstances shall chicken manure be placed into the sanitary sewer system.

k. Permits.

(1) A residential chicken permit is required in order to keep or harbor any chickens within the Municipality. An application for a permit shall be made in writing to the Zoning Officer on such forms or in such format as established by the Municipality, and shall be accompanied by the prescribed permit fee in the amount established from time to time by resolution of Municipal Council.

8. 

Specific standards for beekeeping.

[Added 8-10-2020 by Ord. No. 8-10-20B]

a. Intent. It is recognized that honey bees are beneficial to humankind and to Pennsylvania in particular by providing both home garden and agricultural pollination services as well as furnishing honey, beeswax, and other useful products. It shall be unlawful to keep any bees in the Municipality except as provided herein.

b. Definitions. As used in this article, the following words and terms shall have the meanings ascribed in this section unless the context of their usage clearly indicates another meaning:

[1] APIARY — Any place where one or more colonies of bees are kept at a single location.

[2] AFRICANIZED HONEY BEE — Hybrids of the African honey bee (Apis mellifera scutellata) with various European honey bees that are aggressive compared to the European subspecies.

[3] BEEKEEPER — A person who owns or has charge of one or more colonies of honey bees.

[4] BEE — Any stage of the honey bee (Apis mellifera).

[5] BEE DISEASE — Disease such as American Foulbrood or other actionable disease as determined by the Department of Agriculture.

[6] BEST MANAGEMENT PRACTICES — The policies, procedures, and methods contained in the Pennsylvania Department of Agriculture's compliance agreement for beekeepers.

[7] COLONY — An aggregate of honey bees consisting of workers, drones and a queen.

[8] HIVE — A receptacle or container, that includes modern moveable frames or combs, in which an active colony inhabits and exceeds a volume of 50 liters (i.e., a single standard Langstroth nine-and-five-eighths-inch deep body with 10 frames plus one additional hive body).

[9] DEPARTMENT — Refers to the Pennsylvania Department of Agriculture, Bureau of Plant Industry.

[10] NUCLEUS COLONY — A hive that does not exceed the volume of 50 liters (i.e., a single 10-frame standard nine-and-five-eighths-inch deep body or less).

[11] HONEY BEE — All life stages, of the common domestic honey bee, Apis mellifera species ("European" honey bee).

[12] FLYWAY BARRIER — A wall, fence, vegetation, hedge or combination thereof that forces bees to fly at a higher elevation above ground level over the property lines in the vicinity of the apiary.

c. Standards of practice. Honey bee apiaries are permitted by right in all zoning districts when in compliance with the Pennsylvania Bee Law (3 Pa.C.S.A. § 2101 et seq., as amended) and subject to the following regulations:

[1] Registration, certification and permits.

[a] No beekeepers may own or maintain an apiary within the Municipality without first registering and maintaining a current permit for all apiaries with the Department as required by the Pennsylvania Bee Law, 3 Pa. C.S.A. § 2101 et seq., as amended.

[b] A beekeeper owning or maintaining an apiary in the Municipality shall promptly notify the Code Enforcement Officer or appropriate office within 72 hours if the Department revokes said apiary registration or if said registration has lapsed.

[c] No beekeeper shall own or maintain an apiary within the Municipality without first obtaining a permit from the Zoning Officer. An application for a permit shall be made in writing and upon such form or in such format as established by the Municipality, and shall be accompanied by the prescribed permit fee in the amount established from time to time by resolution of Municipal Council. The application shall be accompanied by a lot plan that includes the size of the lot, the location and number of hives, the location of each water source, the distance of the hives to property lines, and, if required, the location of flyway barriers.

[d] A beekeeper who discontinues the owning or maintaining an apiary in the Municipality shall promptly notify the Code Enforcement Officer of the removal and is required to remove the hive.

[e] The application shall also be accompanied by written evidence that the applicant has completed a beekeeping educational course/program with a minimum of eight hours of instructions or has a letter of validation from an officer of the Pennsylvania State Beekeepers Association, an officer of a local bee club or a certified master beekeeper.

[f] Beekeepers that wish to own or maintain an apiary on property that they do not own must include written permission from the property owner or landlord that explicitly indicates that the beekeeper has permission to own or maintain an apiary on the subject property. Such written permission shall be supplied to the Municipality as part of the beekeeping registration application.

d. Location and colony density. Placement of an apiary on a residential property should conform to the following regulations so as to minimize and eliminate any possible concerns to adjoining neighbors:

[1] Hive location and density. Location of hives must comply with the following criteria, in addition to the provisions of Section 69.35.4(8)(e)[2][c].

[a] Hives shall not be located within 10 feet of any side or rear property line unless a flyway barrier is in place or the hive(s) are located at least 10 feet above grade.

[b] Hives shall not be located within a front yard.

[c] Hives shall not be located within 50 feet of a preexisting swimming pool or a preexisting kenneled animal.

[d] Apiaries are not permitted within 10 feet of any buildings located on adjacent properties.

[2] Maximum number of hives.

[a] No hives are permitted on a parcel with less than 2,000 square feet of lot area.

[b] For a property with a minimum of 2,000 square feet of lot area, a beekeeper is permitted to keep two hives. For each additional 2,000 square feet of lot area, the beekeeper is permitted two additional hives with up to six hives maximum.

[c] Exceptions. A beekeeper may exceed these regulations under the following conditions:

i. As part of normal honey bee colony management, a beekeeper may also keep, in addition to allowable standard hives, for up to 45 days between April 15 and August 15th, two nucleus colonies per standard hive, provided that they are used for managing colony strength, to minimize reproductive swarming, queen rearing or swarm capture.

ii. For each allowed hive, a single nucleus hive may be kept from August 16 to April 14 to allow a beekeeper to mitigate winter bee losses.

iii. Apiaries that are preexisting prior to enactment of this section shall not be subject to the limitations of Section 69.35.4(8)(d)[2] and shall not exceed the number of hives active at the time of the section and shall be confirmed by the preexisting apiary registration of the location as reported by the Department.

e. Zoning.

[1] Apiaries may be located in any zoning district.

[2] Hive type, orientation and maintenance.

[a] All beekeepers shall comply with rules and regulations set forth by the Pennsylvania Bee Law, 3 Pa. C.S.A. § 2101 et seq., as amended.

[b] All beekeepers shall maintain their colonies consistent with the Voluntary Best Management Practices for Maintaining European Honey Bee Colonies in the Commonwealth of Pennsylvania as established by the Pennsylvania Apiary Advisory Board.

[c] Hive entrances shall face away from the closest neighboring property and in such a direction that the bees fly across the beekeeper's property at sufficient distance to gain a height of at least six feet at the property line. The use of barriers may be employed to redirect the bees' flight pathway and establish bee flight pathways above six feet. A flyway barrier at least six feet in height shall be placed alongside of the hive(s) that contains the entrance to the hive(s), shall be located within five feet of the hive(s) and shall extend at least two feet on either side of the hive(s). A flyway barrier shall consist of a solid fence, dense vegetation, hedge, or a combination thereof. No flyway barrier is required for hive(s) that are located greater than 10 feet from property lines.

[d] Exceptions to flyway barrier. A flyway barrier is not required if the property adjoining the apiary lot line is:

i. Undeveloped; or

ii. Zoned agricultural or industrial; or

iii. Is a state game land, state park, national forest, state forest, natural park, or conservation area and has no preexisting human or horse trails located within 25 feet of the property line.

[3] All beekeepers shall ensure that a convenient source of fresh water is available to the bees from April 1 through November 1 each year, with such water source being located closer to the apiary than any other water source.

[4] All beekeepers shall ensure that no bee comb or other materials that attract honey bees are left upon the ground of the apiary site. Upon removal from the apiary, all such materials shall be properly maintained in a sealed container or placed within a building or other bee-proof enclosure, so long as bees are kept on the property.

f. Inspection. If an inspection is required as a result of a nuisance complaint or otherwise as deemed necessary by the Municipality, the designated municipal Code Enforcement Officer will inspect the property to ensure compliance with applicable Zoning Ordinance provisions.

g. Nuisance. It shall be unlawful for any beekeeper to keep any hive in such a manner as to cause any unhealthy condition or that interferes with the normal use of adjoining properties, including but not limited to:

[1] The use of receptacles for honey bees that does not comply with the Pennsylvania Bee Law, 3 Pa. C.S.A. § 2101 et seq., as amended.

[2] Hive placement and related bee movement such that the bees interfere with the reasonable freedom of movement of persons in a public right-of-way, or the location of bees has a proven negative impact to the general safety, health, and welfare of the general public.

[1] Editor's Note: The former section on conditional uses was incorporated into Article XXIII on conditional uses 5-8-1989 by Ord. No. 5-8-89F.

69.36 Traffic impact requirements.

[Added 10-14-1996 by Ord. No. 10-14-96B; amended 3-14-2011 by Ord. No. 3-14-11]

69.36.1. Traffic study requirements.

Any land development or subdivision or change in use which will generate, on the average, 100 new or additional trips, entering and exiting, during a single peak hour or greater than 3,000 average weekday trips, entering and exiting, shall be required to have a traffic impact study completed as part of the development. The estimated number of trips shall be determined by an analysis of similar uses through data collected by the Institute of Transportation Engineers or through studies of similar uses acceptable by the Municipality.

The Municipality may also require a traffic study for developments or changes in uses generating fewer than 100 additional vehicles during peak hours in cases where known traffic deficiencies exist in the area of the proposed development or change in use.

The additional trips criterion is applicable if a change in use is proposed and the current use is generating trips.

If access is requested onto a state highway, the traffic study shall be coordinated and reviewed jointly with the Pennsylvania Department of Transportation (PennDOT) in accordance with its current policies. A traffic impact assessment shall be performed in accordance with the current PennDOT policy, a copy of which is available in the Municipal offices, if approved by PennDOT and the Municipality. The Municipality may waive the study requirement for an individual development or change in use, where said development or change in use was incorporated as part of a previous traffic impact study.

If the development plan is located in the Oxford Drive Transportation Overlay District, section or any other transportation overlay district, a traffic impact study will not be required if the number of projected trips does not exceed the number of trips assigned to the parcel when the district was created. If the projected number of trips exceeds the assigned number of trips, the study area shall include all intersections in the overlay district.

69.36.2. Traffic study scope.

Prior to beginning a traffic impact study, the applicant shall submit a proposed scope of services to the Municipal Planner for review and approval. This scope shall be submitted in accordance with the current scoping form, a copy of which is available in the Municipal offices, utilized by PennDOT. It shall also be reviewed and approved by PennDOT concurrently with the Municipality if access is being requested onto a state highway. The traffic study shall include the following, in addition to the information required in the scoping form, if appropriate as determined by the Municipality:

1. A brief description of the proposed project in terms of land use and magnitude.

2. An inventory and analysis of existing roadway and traffic conditions in the site environs, including:

a. Roadway network and traffic control.

b. Existing traffic volumes in terms of peak hours and average daily traffic (ADT). If existing data is used, it must have been collected within the last three years of the date of the traffic study submission. The submission shall also include crash data for the last five years at all study intersections.

c. Planned roadway improvements and developments by others. These can only be assumed in the traffic study under future conditions if the improvements are funded and the development has an issued highway occupancy permit from PennDOT or a final land development approval from the Municipality.

d. Intersection levels of service reported by approach, movement and overall.

e. Other measures of roadway adequacy, i.e., lane widths, traffic signal warrants, vehicle delay studies, etc.

3. Projected site-generated traffic volumes in terms of:

a. Peak hours and ADT (by development phase if required). If alternative mode enhancements are proposed, such as pedestrian, bicycle or transit improvements, a reduction in projected trips maybe considered in accordance with the current PennDOT policy. These reductions must be approved, in all cases, by the Municipality and PennDOT if access is on a state highway.

b. Approach/departure distribution, including method of determination.

c. Site traffic volumes on roadway.

4. An analysis of future traffic conditions, including:

a. Future design year or years shall be five years beyond the anticipated opening of the development. If the project has phasing it shall be five years beyond the anticipated completion of the last phase. Also to be reported shall be combined traffic volumes (site traffic plus future roadway traffic). All conditions shall be as agreed upon in the scoping form.

b. Intersection levels of service reported by approach movement and overall. For signalized intersections, all level of service analysis scenarios must be based upon optimized traffic signal timings.

c. A pavement analysis of roadways which are projected to experience significant increases in ADT volumes off-site.

d. Other measures of roadway adequacy, i.e., lane width, traffic signal warrants; vehicle delay studies, etc.

e. When access is onto a state road, the analysis of future conditions shall be consistent with PennDOT current policy requirements.

5. A description of future levels of service and their compliance with standards for traffic capacity of streets, intersections and driveways. New streets shall be designed for adequate traffic capacity defined as follows. All reference to levels of service (LOS) shall be as defined by the current edition of the Highway Capacity Manual, Special Report 209, published by the Transportation Research Board or other methods as required by the Municipal Traffic Engineer.

a. Traffic capacity LOS shall be based upon a future design year.

b. New signalized or unsignalized intersections or driveways which intersect streets shall be designed for LOS D or better for each traffic movement unless otherwise specified by the Municipality.

c. Existing signalized or unsignalized intersections impacted by development traffic shall maintain the same level of service as is currently reported; however, an overall intersection increase in delay of 10 seconds is acceptable. If this cannot be met, mitigation must be developed. However, if mitigation is not feasible, then the following applies:

[1] The municipality, may allow a marginal LOS degradation of not less than a D with municipal concurrence, if recommended by the township traffic engineer and PennDOT, if access is onto a state highway.

[2] The municipality may approve an alternative transportation plan (ATP), in accordance with the PennDOT current policy, if a drop in LOS is not feasible, to be mitigated. The ATP must be approved by the municipal council. The ATP may include projects identified by the municipal Comprehensive Plan or the metropolitan planning organization transportation improvement plan.

[3] The developer may apply for a design waiver for the LOS per the current PennDOT policy, if access is onto a state highway. If access is onto a municipal roadway the LOS waiver does not apply:

d. Streets shall be designed for a minimum LOS D.

6. A description and analysis of the proposed access plan and site plan, including:

a. Access plan including analysis of required sight distances using PennDOT current criteria and description of access roadway, location, geometric conditions and traffic control.

b. On-site circulation plan showing parking locations and dimension, loading access, circulation roadway and traffic control.

7. Traffic circulation mitigating action plan shall include:

a. Project features relative to site access and on-site circulation which could be modified to maximize positive impact or minimize negative impact.

b. Off-site improvement plan depicting required roadway and signal installation and signing improvements to meet the minimum level of service requirements. This shall include construction cost estimates and conceptual engineering plans.

69.36.3. Fees for review costs.

Based upon the scope of work for review and determination of the complexity of the development project, the municipality may require the traffic impact study to be reviewed by a traffic consultant selected by the Municipality. In such a case, the applicant required to submit the traffic study shall be required to pay for the cost of the consultant review. No permits for construction or occupancy of a site shall be issued until said consultant fees are paid.

69.36A Project improvement program and assessment plan for Oxford Drive Transportation District.

[Added 3-8-1999 by Ord. No. 3-8-99B]

69.36A.1. Incorporation of preambles. The preambles set forth above are hereby incorporated by reference into the body of this ordinance as operative sections and as an expression of Bethel Park's legislative intent.[1]

[1] Editor's Note: For said preamble, consult Ord. No. 3-8-99B on file in the municipal offices.

69.36A.2. Legislative intent. The Bethel Park Council hereby declares its intent, on the basis of the following legislative findings of fact herein, to construct and finance a project (hereinafter called "the project") comprising all of the elements of Bethel Park's Multiyear Transportation Improvement Program as shown in Exhibit A hereto,[2] and, further, the Council of Bethel Park finds as follows:

1. The Municipality of Bethel Park is in the path of growth.

2. Within the district defined in Section 69.36A.4 hereof and Exhibit A hereto, Bethel Park had the recent construction of approximately 165,000 square feet of institutional, commercial and office space.

3. Inadequate transportation facilities have hampered the development of the district area.

4. The land within the district is substantially built out and will be fully developed and built out for the uses permitted under Bethel Park's Zoning Ordinance within 10 years.

5. Transportation facilities are not available within the district to support current and future institutional, retail and commercial growth and development of the district.

6. Federal aid and available state, County and local funding capabilities cannot meet the transportation needs of the district.

7. Balanced growth of Bethel Park, including institutional, commercial and commercial uses, is imperative if the general tax base of Bethel Park and the Bethel Park School District, which serves Bethel Park, is to provide sufficient revenues for the proper exercise of Bethel Park and School District functions.

8. Balanced growth will not be possible without the construction of the project.

9. The studies prepared by Trans Associates (including Exhibit A hereto) and David E. Wooster and Associates provide a reasonable analysis and recommendation upon which, among other things, Bethel Park has been able to properly base its determination of the proper boundaries of the district.

10. In addition to the studies, Bethel Park used the experience of its Council members as long-time residents of the area, the recommendations of Bethel Park Planning Commission, the location of streams, wetlands and other natural and man-made features and the severe topography of certain areas to determine all properties having a substantial relationship to the proposed projects.

11. The studies utilize sound engineering assumptions which established a rational cost allocation among parcel groups benefitted.

12. The project's construction costs could change if different engineering assumptions were used but would result in essentially the same cost allocation among the benefitted properties.

13. The studies were not utilized as the sole basis for the action to be taken hereby but as a guide to assist Bethel Park in arriving at the proper district boundaries.

14. All property within the district will be benefitted by the project in direct proportion to the assessment imposed thereon hereby and as set forth in Exhibit A hereto.

15. The assessment formulas established in Section 69.36A.6 hereof and Exhibit A hereto are fair and reasonable and each benefitted property within the district will be subject to a fair and reasonable assessment upon imposition of the assessments as provided herein.

16. The project is not for the purpose of maintaining or repairing an existing facility or facilities but represents the complete construction, reconstruction, acquisition, installation, widening or relocation of transportation infrastructure to remedy existing deficiencies and provide for the projected growth of traffic to the year 2015.

17. All of the project provides new traffic capacity or will prevent roads, currently safe but congested, from becoming substandard and safety hazards due to projected traffic growth.

18. The life of the improvements in the project shall exceed 20 years from the date of the original studies (1995).

19. All of the project represents transportation elements specifically authorized by the Transportation Partnership Act (TPA).[3]

[3] Editor's Note See 53 P.S. § 1621 et seq.

20. The district contains 14 parcels of land.

21. All landowners within the district will be notified of the thirty-day appeal period established in Section 69.36A.12 hereof.

22. The financing of local share cost of transportation projects within designated areas of Bethel Park pursuant to the powers granted by the Transportation Partnership Act, 53 P.S. § 1621 et seq., is desirable and necessary.

23. Bethel Park must issue long-term tax-exempt general obligation debt to finance the local share cost of the multi-year transportation improvement program (MYP) adopted by the Council.

24. Long-term general obligation debt issued by Bethel Park may become self liquidating in whole or in part because of the special assessments and liens authorized by the TPA.

25. The assessments and liens authorized by the TPA must be free from legal challenge if Bethel Park is to rely on them as a dependable source of revenue.

26. The issuance of general obligation debt requires the expenditure of substantial funds which would be unrecoverable if successful challenges occurred after the issuance of the same.

27. A reduction in one property owner's assessment might increase all other property owners' assessments which could exceed the assessment limits set by the notice requirements of TPA.

28. A method for challenging the district, assessments or any other substantive provision of the district is required.

29. The time to challenge any substantive aspect of the financing for the district must be limited and should expire prior to the issuance of public debt or the expenditure of substantial unrecoverable funds.

30. An appeals process should be instituted which must limit repetitive and time-consuming appeals by multiple property owners.

31. The appeals process should be inexpensive and open to all property owners who will be assessed regardless of the size of the assessment.

32. The appeals process should be structured so as not to overburden the courts with multiple and repetitive appeals.

33. The time for an aggrieved person to appeal should be restricted so that any such appeals can be consolidated and heard by the court in an expeditious fashion.

34. The issuance of general obligation debt independent of the district but consistent with the MYP, pursuant to the Debt Ordinance and the advancement of a portion or all of the same to the district after the formation of the district will result in a savings in long-term interest and debt issuance charges and shall result in lower special benefit assessments to all benefitted users.

[2] Editor's Note: Exhibit A is on file in the Municipal offices.

69.36A.3. Definitions. The following words and phrases shall have the meanings set forth below wherever they appear in this ordinance:

1. ASSESSMENTS — The assessments imposed by this ordinance upon the individual benefitted users under the TPA commensurate with either:

a. The assessed valuation of the property for real estate taxation purposes for tax year 1995; or

b. The percentage of project cost assigned to such benefitted users hereby or by later assignment, reassignment or transfer of such as appropriate by project element.

2. BENEFITTED USER — As the context demands, either:

a. Any assessable parcel of land in the district now existing or which may come into existence in the future by virtue of vacation of rights-of-way, acquisition of real property by Bethel Park, subdivision or consolidation of land; or

b. The owner or controller thereof.

3. BILLING or BILLINGS — The process and the invoices used therein for the collection of all or part of the installments of the assessments from the benefitted users.

4. COMPLETION BONDS — Any bonds or notes issued by Bethel Park to complete the project.

5. DEBT ORDINANCE — A separate, independent legislative enactment under the authority of the Local Government Unit Debt Act, 53 P.S. § 6780-1 et seq.,[4] which will supply funds for the local share costs.

[4] Editor's Note: See now 53 Pa. C.S.A. § 8001 et seq.

6. DISTRICT — The Oxford Drive Transportation District, the specific boundaries of which are set forth in Section 69.36A.4 hereof.

7. FISCAL YEAR — Any year commencing on January 1 and ending on the next succeeding December 31.

8. LIENS — The municipal liens or notice thereof filed by Bethel Park in the Allegheny County Prothonotary's Office to secure the assessment.

9. FINANCING — Bethel Park's Highway Improvement General Obligation Bond, Series 1999, including, without limitation, interest earned thereon, as raised pursuant to the Debt Ordinance once such proceeds are deposited into the Construction Fund as established in Section 69.36A.7 hereof.

10. CLOSING — The event of issuance and delivery of the financing method and the time of occurrence of such event.

11. OPERATIONAL YEAR — Any year commencing on an January 1 and ending on the next succeeding December 31.

12. PROJECT — The project described in the MYP consisting of seven project elements.

13. REFUNDING BONDS — Any bonds or notes issued by Bethel Park to refund bonds, completion bonds or refunding bonds, including the payment of financing costs and funding of necessary reserves.

14. SALE (OF THE FINANCING) — In the case of an issuance of a note or bond, shall mean the event of Bethel Park entering into a binding contract with the purchaser of the note or bond, for the issuance of the note or bond, and the time of occurrence of such event.

15. TRIPS — The peak-hour traffic generation assigned to specific properties hereby and from time to time by Bethel Park as the basis for the assessments.

16. ZONING HEARING BOARD — The Zoning Hearing Board of the Municipality of Bethel Park.

69.36A.4. Establishment of district boundaries. There is hereby established, pursuant to the requirements of the TPA the Oxford Drive Transportation District, a transportation development district within the meaning of the TPA, and the area to be included in the district is hereby designated as follows:

1. All land identified by Allegheny County block and lot number on the list included within Exhibit A attached hereto and as shown in the aggregate on the map (hereinafter "District Map") included within Exhibit A which is made a part hereof.[5]

[5] Editor's Note: Exhibit A and the District Map are on file in the municipal offices.

2. The roadways and associated rights-of-way of the public roads listed on the map attached to Exhibit A, which is attached hereto and incorporated herein.[6]

[6] Editor's Note: Exhibit A and the District Map are on file in the municipal offices.

3. Any and all land not described above which is now or hereinafter acquired by Bethel Park or the County of Allegheny, whether by deed, gift, dedication, eminent domain or otherwise, for the purpose of constructing the project, including any rights-of-way incident to such acquisition, except that such land shall not become part of the district until acquired by the appropriate government unit having ownership of the project element or pertinent part thereof for which such land is acquired; provided, however, nothing in this subsection shall increase any property owner's maximum assessment as set forth in the hearing notice and no property owner may be added to the district without his or her consent, it being the sole purpose of this subsection to allow minor adjustments in district boundaries to accommodate right-of-way adjustments caused by changes in project element design.

69.36A.5. Project improvement program.

1. Establishment of program. There is hereby established Bethel Park's 1999 Project Improvement Program (hereinafter the "project improvement program") for the district, consisting of the implementation of the project together with all financing, assessment, collection and operational activities necessary or desirable to execute such implementation. Local share financing for the project improvement program is provided for in the Debt Ordinance.

2. Timing of project elements. The construction of project elements 1 through 7, inclusive, shall be done as quickly as possible given r-o-w, design and permitting constraints.

69.36A.6. Assessment plan.

1. Establishment of assessment plan. Bethel Park hereby establishes the 1999 Oxford Drive Transportation District Assessment Plan (hereinafter "assessment plan") for imposing fair and reasonable assessments on each benefitted property in the district, as authorized by the TPA at 53 P.S. § 1623 as described herein, and hereby imposes the assessments so described upon the benefitted users. The assessments imposed hereby are determined, pursuant to the financial plan, evidence educed at the hearing required by the TPA and the studies developed by Bethel Park and its consultants and staff. All findings of the financial plan and the studies and Exhibit A are adopted hereby as findings of Bethel Park as if fully set forth in Section 69.36A.2 hereof.

2. For the existing deficiencies portion of the assessment plan, each benefitted user shall be deemed to have the total number of trips which are set forth in Exhibit A attached hereto and made a part hereof (hereinafter "original assignment").[7]

[7] Editor's Note: Exhibit A is on file in the municipal offices.

3. For the new capacity portion of the assessment plan, the Project Improvement Program shall create, and Bethel Park hereby creates, the capacity in the district to handle 762 units of p.m. peak-hour traffic, as that term is used in the studies and Exhibit A hereto. Each benefitted parcel of land within the district is hereby assigned the additional traffic which shall be generated by them as such are set forth and assigned in Exhibit A hereto.

4. Assessments are hereby imposed against each benefitted parcel of land in the district as set forth in Exhibit A.

5. The maximum annual assessment for each benefitted user is set forth in Exhibit A attached hereto and made a part hereof.

6. For the purpose of determining assessments, the costs of project elements are aggregated as set forth in Exhibit A. For any project element, funds may be transferred among these project element categories, including construction, fees and design, utilities, r-o-w, and construction supervision. Subject to the limitations of this section concerning billings, as hereinafter defined, any cost savings in any one of the project elements set forth in Exhibit A may be expended on any other project element; provided, however, that no assessment may be based upon costs higher than the aggregated total of the then completed portions of the project elements set forth in Exhibit A.

7. The total capital assessment per property is determined by:

a. In the case of project elements 1 through 4, inclusive: taking the ratio of assessed valuation for real estate taxation purposes for that property to the total outstanding commercial property assessed valuation in the district or subdistrict as appropriate.

b. In the case of project elements 5 through 7, inclusive, by taking percentages of each project cost assigned to that property as shown in Exhibit A.

8. The maximum annual cost per property is determined by the capital assessment and then multiplying that result by the maximum annual cost per capital dollar as shown in Exhibit A.

9. The gross maximum assessment against any property in the district shall be as shown as the "maximum twenty-year assessment" of Exhibit A.

10. Assessments shall be collectable in annual installments (or more frequently at Bethel Park's discretion) from each property as set forth in the column marked "Annual Cost" of Exhibit A hereof.

11. Assessments shall not be due unless and until billed by Bethel Park. Notice of collection of assessments (hereinafter "billings") shall be deposited in the U.S. mail, first-class postage prepaid, pursuant to the schedule, and the amounts so billed shall be immediately due. Bethel Park shall not grant a discount to any property owner for making an early payment of billed assessments unless otherwise required by law. Bethel Park shall impose interest and a 10% penalty on the late payment of any billing to the fullest extent and at the maximum interest rate provided by law. The Solicitor of Bethel Park, on behalf of Bethel Park, is hereby authorized and directed pursuant to the TPA, the Municipal Lien Law, 53 P.S. § 7101 et seq., and any other Pennsylvania statute to enter promptly in the Prothonotary's office a municipal lien (hereinafter "liens") in the form hereinafter described, or a notice thereof to secure all of the assessments then imposed but not fully paid. Upon the written request of any landowner whose assessment is prepaid, Bethel Park shall provide written proof of assessment payment. From time to time and in the same manner as for real estate taxes, Bethel Park may issue a "no past due billings" letter and may charge a fee therefor in accordance with its regulations.

12. The assessments pertaining to any particular parcel shall be prepayable prior to the sale at a prepayment price shown in the column marked "Annual Cost" of Exhibit A. After the sale, no assessment shall be prepayable under any circumstances whatsoever except at the full amount thereof or, upon the approval of Bethel Park Council at its sole discretion, at such lesser amount as determined by the underwriter which would defease that property owner's past unpaid and future capital obligations, including, without limitation, any penalty and interest due thereon.

69.36A.7. District accounts.

1. There shall be established by Bethel Park such separate accounts as it deems necessary for the use and operation of the district and the implementation of the project improvement program.

2. Bethel Park shall not comingle funds in these accounts with any other accounts created by Bethel Park. Any interest earned in any fund shall remain in the fund and be expended for proper fund purposes. Bethel Park shall deposit in such separate account or accounts from time to time sufficient proceeds from the sale of the note or bond which, when coupled with account interest, will meet the local share obligations under the MYP. Should additional construction funding be available from other sources not requiring assessments for repayment, or should project costs be lower than budgeted, Bethel Park may withdraw from the construction account such debt ordinance proceeds and interest thereon as are no longer required for completion of the project. No assessments shall thereafter be levied on such withdrawn proceeds. Any moneys deposited in any surplus fund account shall only be used for the expenditures set forth in Section 69.36A.10(3) hereof.

69.36A.8. Assessments and liens.

1. In the event that a court reduces or eliminates an assessment on a property, the assessment per dollar of real estate assessment valuation or percentage of project cost, as appropriate, shall be automatically revised upward (not to exceed the maximum assessment per dollar of real estate assessment valuation or percentage of project cost as appropriate included in the hearing notice) to cover any deficiency created by court order.

2. The liens, individually and collectively, shall be of such form and substance as shall be specified by regulation and shall be enforced by Bethel Park in the manner set forth in the regulations, but shall nevertheless be always at least in the full amount of the corresponding unpaid assessments and shall provide for any reductions thereof made pursuant to reductions of assessments to be implemented by endorsements or other attachments thereto that do not affect the effective dates of such liens.

3. Any and all moneys paid to Bethel Park pursuant to the assessments shall be immediately deposited into one of the separate accounts established for such pursuant to this ordinance.

69.36A.9. District expenses. Bethel Park may buy equipment and supplies and retain agents or employees to draft exhibits or legislation, provide expert advice (including but not limited to legal and engineering advice) and calculate, levy, collect, impose or enforce the assessments. Bethel Park may charge the reasonable and actual cost of the foregoing as a project cost up to the limits of funds designated as "Fees, Design, and Administration" in Exhibit A.[8]

[8] Editor's Note: Exhibit A is on file in the municipal offices.

69.36A.10. Reallocations and refunds.

1. Reallocation of percentage of project cost upon subdivision. Promptly upon subdivision of any assessed parcel by a benefitted user, Bethel Park may in its sole discretion assign the percentage of project cost assigned to the original parcel to the resulting parcels and, moreover, retain the original assessment and Lien on such original parcel against the resulting parcels jointly; provided, however, that Bethel Park, upon the request of a benefitted user corresponding to such a subdivided lot who has constructed improvements thereon and received an occupancy permit therefor, which improvement generates at least 80% of the total percentage of Project cost assigned to such subdivided lot, shall release that lot from joint liability and shall lower the original assessment and Lien by the amount of the assessment now severally assigned to that developed lot.

2. Refund payments. Should funds remain in the construction fund after both all of the note(s) and/or bonds are fully paid and all cost overruns previously paid by Bethel Park are reimbursed, Bethel Park shall refund to all benefitted users on a prorated basis any such surplus funds. The proration shall be based upon a percentage refund calculated by using as the numerator the total amount of assessments actually paid by the benefitted user and the sum of the total assessments paid by all benefitted users as the denominator. Refunds shall be made at the end of each calendar year in which Bethel Park Council determines that a surplus is available. Should any Benefitted User owe any assessment or other financial obligation to Bethel Park, any refund shall first be applied to that obligation. Refunds shall only be made to the owner of record as determined by the owner listed in the Allegheny County Assessor's office as of the year and date in which the Council determines a surplus is available for refund.

3. Registration for notice of refunds. Should any benefitted user selling his or her property desire notice that a refund is being made, such person must notify Bethel Park by certified mail, return receipt requested, of that fact in a form established by Bethel Park regulation containing no less than a proper mailing address for such refund notice and a release from liability should a refund notice not be sent. Bethel Park shall thereafter, if and when a refund is made, send a notice of said refund and the amount thereof to the address listed. Bethel Park shall not be responsible for the allocation of any refund among property owners for any reason whatsoever or be liable for any damages should notice not be sent.

69.36A.11. Regulations.

1. From time to time, Bethel Park may by resolution of Bethel Park Council establish, amend, modify and revoke reasonable regulations and forms governing:

a. The collection, payment, crediting and refund of assessments; and

b. The assignment, reassignment and transfer of trips; and

c. The reallocation of percentage of project cost to parcels upon subdivision, consolidation or sale of any parcel within the district; and

d. The treatment of any parcel that shall lie both within and outside the district.

e. The filling of liens and/or notices thereof against any parcel within the district, the issuance of "no past due billings" letters and fees therefor.

f. Funds, subaccounts and the uses of proceeds.

g. Any other matter or procedure necessary for the orderly administration of the MYP or the district.

2. No such regulation shall modify an assessment on a property within the district except as otherwise permitted and provided herein, nor shall any such regulation grant an exception, exclusion or preference to any property within the district or otherwise be contrary to the provisions of the TPA, this ordinance or the debt ordinance.

69.36A.12. Appeals process.

1. Right of appeal. Any person aggrieved by the adoption by the Council of this ordinance, a final multi-year transportation improvement program and financial plan, a final benefit formula and a final district boundary map (hereinafter "documents") shall have the right to challenge the validity of any of the documents or any assessment to be levied against said person's property by an appeal to the Zoning Hearing Board of the Municipality of Bethel Park. Such challenges may include but shall not be limited to any constitutional issues relating to the validity of the Transportation Partnership Act, the designation of district boundaries and the determination of benefitted properties, the reasonableness of the multi-year transportation improvement program and financial plan and the assessment formula as it applies to individual properties notwithstanding the overall validity of assessments on other properties.

2. Exclusive remedy. The appeals rights set forth in Subsection 69.36A.12(1) of this section shall be the exclusive means to challenge the validity of any of the documents or of any substantive provision of the TPA or the Oxford Drive Transportation District; provided, however, that nothing in this ordinance shall be deemed to abridge or restrict the rights of property owners, as set forth in TPA Section 3(e), 53 P.S. § 1623(e), to file a written protest against this ordinance or to file a procedural challenge to the enactment of this ordinance pursuant to Bethel Park's Home Rule Charter. Nothing in this ordinance shall modify or affect any protest waiver previously executed by any benefitted user, nor shall this ordinance be deemed a release from any provision of any protest waiver whatsoever.

3. Notice to property owners and advertisement of right of appeal. Within 10 days after the adoption of the documents by Bethel Park, the Bethel Park Manager is hereby authorized and directed both to advertise the rights of appeal set forth in Subsection 69.36A.12(1) above and to mail a copy of the documents plus a revised notice of proposed assessment, if appropriate, to all benefitted property owners by first-class mail, postage prepaid, to the person and address listed in the Allegheny County real property assessment records. The mailing to property owners shall inform the property owner that he or she has the appeal rights set forth in Subsection 69.36A.12(1) of this section. The notice of appeal rights (hereinafter "appeals notice") shall be advertised twice not sooner than two weeks apart in a newspaper of general circulation in Bethel Park. The appeals notice shall include a map showing the boundaries of the final district, a listing of all properties within the district by Allegheny County block and lot number with a statement of the annual and gross assessment which may be levied, including the maximum term of the financing thereof. The appeals notice shall be the official notice of the appeal process, and the failure of any property owner to receive written notice as set forth herein shall not toll the time for appeal nor be grounds for an appeal nunc pro tunc.

4. Time for appeal. The time for appeal shall run for a period of 30 days from the date the appeals notice is first advertised. No appeals may be filed thereafter.

5. Rules and regulations governing appeal. No appeals shall be heard until the expiration of the thirty-day appeal period. The Zoning Hearing Board shall schedule all hearings in the most expeditious fashion to allow the earliest possible resolution. The Zoning Hearing Board may, on its own motion, consolidate appeals or portions of appeals which raise similar issues. Notice of any hearing on an appeal shall be advertised in a newspaper of general circulation one time at least two weeks prior to the hearing. Without restricting the right of an appellant to prosecute his or her case as he or she sees fit, if an appellant is challenging the assessment formula as it applies to his or her property and or use, the appellant must include, at the time the challenge is filed, a traffic report in accordance with the methodology outlined in the Bethel Park Manager's regulations adopted as part of the Oxford Drive Transportation District Overlay Ordinance and the Bethel Park Traffic Study Ordinance, of the Bethel Park Code, incorporated herein as if fully set forth below. The Bethel Park Manager may extend the time for the filing of the traffic report upon just cause shown. The Zoning Hearing Board may establish additional rules and regulations governing the conduct of appeals as it deems appropriate. The Zoning Hearing Board shall hear such appeals and issue such decisions containing findings of fact, conclusions of law and a decision invalidating any or all of the documents, and may confirm, reduce or eliminate assessments based upon the standards of benefit established by the United States and commonwealth Constitutions and the general case law of the commonwealth for benefit assessments. All appeals will be governed by the Local Agency Law, 2 Pa. C.S.A. § 105 et seq. Decisions of the Zoning Hearing Board shall be appealable to court in accordance with the Judicial Code, 42 Pa. C.S.A. § 101 et seq., and the Local Agency Law. The Zoning Hearing Board may, on the request of any party, issue subpoenas under the authority of Bethel Park Council and in like manner. Bethel Park shall make its employees and consultants available at any hearing upon the reasonable request of any appellant.

6. Intervention. In all appeals, Bethel Park shall be deemed an adverse party with or without the appearance of its Solicitor in the proceeding and shall have the right to appeal the decision of the Zoning Hearing Board to Court. Any other property owner within the Oxford Drive Transportation District who would have a right to appeal under the terms of this ordinance shall have the right to intervene in any appeal and participate at the hearing by appearing at the hearing and entering a written notice of appearance. The Board may prescribe rules governing intervention by property owners.

7. Filing fees. The Zoning Hearing Board may charge a reasonable fee with respect to any hearing which may include only the stenographer's appearance fee, notice and advertising cost and necessary administrative overhead connected with the hearing.

8. Zoning Hearing Board expenses. Upon approval by Bethel Park Council of a budget proposed by the Board, which budget may be modified by Bethel Park Council prior to approval, the Zoning Hearing Board may retain its own Solicitor to advise it concerning any appeals it may hear.

9. Preservation of legislative powers. Nothing in this ordinance shall grant any person the right to appeal any aspect of the formation of a Transportation District or the determination of policy which would be deemed a legislative act under the laws of the commonwealth.

10. Standing. This ordinance does not confer standing upon anyone to file an appeal who would not have had standing to file an appeal to court should this exclusive appeal process not have been established.

69.36A.13. Duration of district. Notwithstanding the payment of all of the bonds or expenses of the district, including, without limitation, the nonassessable local share cost overruns, the district and the controls established herein shall last for 20 years from the date the last project element is completed.

69.36B Columbariums.

[Added 11-8-2010 by Ord. No. 11-8-10D]

69.36B.1. Use. The Municipality of Bethel Park hereby declares that a columbarium may be permitted as an accessory use where said use meets the following conditions:

1. Allowance of a columbarium as a permitted accessory use associated with permitted churches and similar places of worship.

a. The religious institution establishing such a columbarium shall ensure that the columbarium is perpetually kept and maintained in a safe and attractive manner. If the religious institution relocates, the religious institution shall relocate all of the urns and remains placed in the columbarium which were placed therein during its use by the religious institution.

b. Columbarium structures shall not significantly change the exterior appearance of the site visible from public rights-of-way and adjacent properties. Columbarium structures shall be constructed with minimum impact to surrounding areas.

c. Columbarium structures or area of interment shall not constitute a significant portion of the site.

d. The religious institution establishing the columbarium shall provide to the Municipality prior to issuance of a building permit or zoning certificate a copy of the appropriate registry or permits as issued by the Pennsylvania State Real Estate Commission or from other applicable state agencies or commissions.

2. Allowance of a columbarium as a permitted accessory use to a permitted cemetery.

a. The person or persons, whether being an institution, organization, group or religious organization establishing such a columbarium within the cemetery shall ensure that the columbarium is perpetually kept and maintained in a safe and attractive manner. If there is cause for relocation, the institution, organization, group or religious organization establishing such a columbarium within the cemetery shall relocate all of the urns and remains placed in the columbarium which were placed therein during its use by the institution, organization, group or religious organization.

b. Columbarium structures shall not significantly change the exterior appearance of the site visible from public rights-of-way and adjacent properties. Columbarium structures shall be constructed with minimum impact to surrounding areas.

c. Columbarium structures or area of interment shall not constitute a significant portion of the site.

d. The persons or persons establishing the columbarium shall provide to the Municipality prior to issuance of a building permit or zoning certificate a copy of the appropriate registry or permits as issued by the Pennsylvania State Real Estate Commission or from other applicable state agencies or commissions.

69.36B.2. Height. Columbarium structures shall not exceed eight feet in height. If it is located within, or contained within the principal building, then it is not to exceed the height in which the principal building is located.

69.36B.3. Yard area:

1. Not permitted in front yard areas, with the exception of corner lots. Within corner lots, it cannot be located in front of the front face of the building.

2. Other yard areas: same setbacks as for an accessory building within the district in which it is located.

69.36B.4. Size limitations. The size of the columbarium shall be limited to the following size limitations: If contained within a building, the size is limited to not more than 10% of the gross floor area size of the first floor of the principal building. If a freestanding structure, the size is limited to an area no greater than 1,000 square feet.