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]
(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.
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:
[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.
[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.
|
[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).
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:
2.
BENEFITTED USER — As the context demands, either:
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.
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.
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.
[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.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.
