[Amended by Ord. No. 5-8-89G]
[Amended by Ord. No. 5-8-89F]
Establishment of Conditional Uses. The Conditional Uses listed in Article XVIII and their accessory buildings and uses may be permitted by the Municipal Council in the district indicated therein, in accordance with the procedure set forth in this article.
Review and Approval of Conditional Uses. All conditional uses shall be reviewed and acted upon as major land developments as defined and prescribed in the Bethel Park Subdivision and Land Development Ordinance.
Hearing Requirement. The Municipal Council shall conduct a public hearing pursuant to public notice as required by the MPC. All costs associated with advertising and conducting the hearing shall be paid for by the applicant.
Final Action by Council. Following the hearing and upon an affirmative finding by the Municipal Council that:
The proposed Conditional Use will be located in a district where such use may be permitted, and
The requirements set forth in this article for such Conditional Use will be met, and
The Conditional Use is consistent with the spirit, purpose and intent of this Ordinance, will not substantially and permanently injure the appropriate use of neighboring property, and will serve the public convenience and welfare, then the Municipal Council may approve the conditional use.
Additional Requirements. In granting its approval for a specific use, the Municipal Council shall impose such reasonable conditions and safeguards, in addition to those otherwise specified in this Zoning Ordinance or incorporated herein by reference, as it may deem necessary to protect and preserve the appropriate use or development of adjacent property or properties; to protect and advance the public welfare; and to promote and foster development of the Municipality in conformity with the Comprehensive Plan and the MPC.
Conforming Use. An existing lawful use which is listed herein as a Conditional Use, and which is located in a district in which such Conditional Use may be permitted, is a conforming use.
Expansion of Conditional Uses. An expansion of such Conditional Use involving the enlargement of the buildings, structures and land area devoted to such use shall be subject to the procedure described in this section.
Classification of Conditional Uses. If the nature of the Conditional Use involves more than one of those listed in this article, the applicant shall apply for a Conditional Use which most closely relates to the primary use of proposed development. In all situations the most restrictive regulations of the primary and related Conditional Uses must be met.
General Standards. In addition to the regulations pertaining to individual Conditional Uses listed in this article, the following general standards must be met by all Conditional Uses:
Location, use and size of structure, nature and intensity of operations involved, size of site in relation to use, and location of site with respect to existing or future streets giving access, are such that the use will be in harmony with orderly development of the district.
Location, nature and height of buildings, walls, fences and signs will not discourage the appropriate development and use of adjacent land and buildings or impair their value.
The Conditional Use shall not conflict with the Long Range Development Plan.
Operation of the Conditional Use shall not be more objectionable to nearby properties by reason of noise, fumes, vibration, or lights than would be the operation of any other permitted use in that district.
Necessary provisions have been made to assure that all surface runoff to adjacent properties does not exceed levels in existence prior to construction.
Solar access of adjacent properties is not obstructed by said use.
Glare created by lighting or signs does not impair a driver's vision.
Fire, explosion or a safety hazard is not created by allowance of said use.
The traffic entering and leaving the site can be safely handled and that the existing capacity of surrounding streets are adequate and meet the increased traffic demands.
Districts in which use may be permitted: CD.
Minimum lot area: two areas.
Minimum yards: same as district.
[Amended 4-13-1998 by Ord. No. 4-13-98B]
Districts in which use may be permitted: CD.
Minimum lot area: 20 acres.
Minimum yards: same as district.
Maximum height of building: 35 feet.
Additional requirements: buffer area of tight screen planting, which shall be maintained all times during the use where abutting a residential district.
Districts in which use may be permitted: R-T, R-4, R-5, C-1, C-2 and C-3.
Minimum lot area: none.
Maximum height of building: same as district.
Minimum number of parking spaces: three per dwelling.
Residency requirements: Residents of Bethel Park and surrounding contiguous municipalities shall be assigned the highest priority when seeking residents of a community residential facility.
Annual report: Operators of community residential facilities shall prepare an annual report of activities, including a listing of community complaints or incidents caused by the residents and the efforts made to resolve or eliminate problems caused by operations of the facility and shall file this report with the Municipal Council. Said report shall be due on each anniversary date of the granting of special use approval.
Districts in which use may be permitted: R-1, R-2, R-3, R-4, R-5, R-T, C-1, C-2, C-3, C-4 and M.
Minimum lot area: same as zoning district.
Maximum height of building: same as district.
Minimum number of parking spaces: two per dwelling.
Residency requirements: Residents of Bethel Park and surrounding contiguous municipalities shall be assigned the highest priority when selecting residents of a community residential facility.
Annual report: Operators of community residential facilities shall prepare an annual report of activities, including a listing of community complaints or incidents caused by the residents and the efforts made to resolve or eliminate the problems caused by operation of the facility, and shall file this report with the Municipal Council. Said report shall be due on each anniversary date of special use approval.
Districts in which use may be permitted: C-1 and C-2.
Minimum lot area: five acres.
Maximum height of building: 35 feet.
Buffer area of tight screen planting which shall be maintained at all times during the use where abutting a residential district.
[Amended 1-11-1999 by Ord. No. 1-11-1999B; 5-11-2015 by Ord. No. 5-11-15B]
Purposes and findings of fact.
The purpose of this section is to establish uniform standards for the siting, design, permitting, maintenance, and use of wireless communications facilities in Bethel Park (referred to herein as the "municipality"). While the municipality recognizes the importance of wireless communications facilities in providing high-quality communications service to its residents and businesses, the municipality also recognizes that it has an obligation to protect public safety and to minimize the adverse visual effects of such facilities through the standards set forth in the following provisions.
By enacting these provisions, the municipality intends to:
Accommodate the need for wireless communications facilities while regulating their location and number so as to ensure the provision for necessary services;
Provide for the managed development of wireless communications facilities in a manner that enhances the benefits of wireless communication and accommodates the needs of both Bethel Park residents and wireless carriers in accordance with federal and state laws and regulations;
Establish procedures for the design, siting, construction, installation, maintenance and removal of both tower-based and non-tower-based wireless communications facilities in the municipality, including facilities both inside and outside the public rights-of-way;
Address new wireless technologies, including, but not limited to, distributed antenna systems, data collection units, cable wi-fi and other wireless communications facilities;
Minimize the adverse visual effects and the number of such facilities through proper design, siting, screening, material, color and finish and by requiring that competing providers of wireless communications services co-locate their commercial communications antennas and related facilities on existing towers;
Promote the health, safety and welfare of Bethel Park residents.
General and specific requirements for all tower-based wireless communications facilities.
The following regulations shall apply to all tower-based wireless communications facilities.
Standard of care. Any tower-based 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, National Electrical Code, as well as the accepted and responsible workmanlike industry practices of the National Association of Tower Erectors. Any tower-based 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.
Notice. Upon submission of an application for a tower-based WCF and the scheduling of the public hearing upon the application, the WCF applicant shall mail notice to all owners of every property within 500 feet of the proposed facility. The WCF applicant shall provide proof of the notification to the municipality.
Conditional use authorization required. Tower-based WCF are permitted in certain zoning districts by conditional use and at a height necessary to satisfy their function in the WCF applicant's wireless communications system. No WCF applicant shall have the right under these regulations to erect a tower to the maximum height specified in this section unless it proves the necessity for such height. The WCF applicant shall demonstrate that the antenna/tower/pole for the tower-based WCF is the minimum height necessary for the service area.
Prior to Council's approval of a conditional use authorizing the construction and installation of tower-based WCF, it shall be incumbent upon the WCF applicant for such conditional use approval to prove to the reasonable satisfaction of Council that the WCF applicant cannot adequately extend or infill its communications system by the use of equipment such as redoes, repeaters, antenna(s) and other similar equipment installed on existing structures, such as utility poles or their appurtenances and other available tall structures. The WCF applicant shall further demonstrate that the proposed tower-based WCF must be located where it is proposed in order to serve the WCF applicant's service area and that no other viable alternative location exists.
The conditional use application shall be accompanied by a propagation study evidencing the need for the proposed tower or other communication facilities and equipment, a description of the type and manufacturer of the proposed transmission/radio equipment, the frequency range (megahertz band) assigned to the WCF applicant, the power in watts at which the WCF applicant transmits, and any relevant related tests conducted by the WCF applicant in determining the need for the proposed site and installation.
The conditional use application shall also be accompanied by documentation demonstrating that the proposed tower-based WCF complies with all state and federal laws and regulations concerning aviation safety.
Where the tower-based WCF is located on a property with another principal use, the WCF applicant shall present documentation to Council that the owner of the property has granted an easement for the proposed WCF and that vehicular access will be provided to the facility.
The conditional use application shall also be accompanied by documentation demonstrating that the proposed tower-based WCF complies with all applicable provisions in this section.
Engineer inspection. Prior to the municipality's issuance of a permit authorizing construction and erection of a tower-based WCF, a structural engineer registered in Pennsylvania shall issue to the municipality a written certification of the proposed WCF's ability to meet the structural standards offered by either the Electronic Industries Association or the Telecommunication Industry Association and certify the proper construction of the foundation and the erection of the structure. This certification shall be provided during the conditional hearings or at a minimum be made as a condition attached to any approval given such that the certification be provided prior to issuance of any building permits.
Visual appearance and land use compatibility. Tower-based WCF shall employ stealth technology which may include the tower portion to be painted silver or another color approved by Council, or shall have a galvanized finish. All tower-based WCF and related equipment shall be aesthetically and architecturally compatible with the surrounding environment and shall maximize the use of a like facade to blend with the existing surroundings and neighboring buildings to the greatest extent possible. Council shall consider whether its decision upon the subject application will promote the harmonious and orderly development of the zoning district involved; encourage compatibility with the character and type of development existing in the area; benefit neighboring properties by preventing a negative impact on the aesthetic character of the community; preserve woodlands and trees existing at the site to the greatest possible extent; and encourage sound engineering and land development design and construction principles, practices and techniques.
Co-location and siting. An application for a new tower-based WCF shall demonstrate that the proposed tower-based WCF cannot be accommodated on an existing or approved structure or building, or sited on land owned and maintained by Bethel Park. Council may deny an application to construct a new tower-based WCF if the WCF applicant has not made a good faith effort to mount the commercial communications antenna(s) on an existing structure. The WCF applicant shall demonstrate that it contacted the owners of tall structures, buildings, and towers within a 1/4 of a mile radius of the site proposed, sought permission to install an antenna on those structures, buildings, and towers and was denied for one of the following reasons:
The proposed antenna and related equipment would exceed the structural capacity of the existing building, structure or tower, and its reinforcement cannot be accomplished at a reasonable cost.
The proposed antenna and related equipment would cause radio frequency interference with other existing equipment for that existing building, structure, or tower and the interference cannot be prevented at a reasonable cost.
Such existing buildings, structures, or towers do not have adequate location, space, access, or height to accommodate the proposed equipment or to allow it to perform its intended function.
A commercially reasonable agreement could not be reached with the owner of such building, structure, or tower.
Permit required for modifications. To the extent permissible under applicable state and federal law, any WCF applicant proposing the modification of an existing tower-based WCF, which increases the overall height of such WCF, shall first obtain a permit from the municipality. Nonroutine modifications shall be prohibited without a permit.
Gap in coverage. A WCF applicant for a tower-based WCF must demonstrate that a significant gap in wireless coverage or capacity exists with respect to all wireless operators in the applicable area and that the type of WCF being proposed is the least intrusive means by which to fill that gap in wireless coverage. The existence or nonexistence of a gap in wireless coverage shall be a factor in the municipality's decision on an application for approval of tower-based WCF.
Additional antennae. As a condition of approval for all tower-based WCF, the WCF applicant shall provide the municipality with a written commitment that it will allow other service providers to co-locate antennae on tower-based WCF where technically and economically feasible. The owner of a tower-based WCF shall not install any additional antennae without obtaining the prior written approval of the municipality.
Wind. Any tower-based WCF structures shall be designed to withstand the effects of wind in accordance with the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSI/EIA/TIA-222, as amended.)
Height. Any tower-based WCF shall be designed at the minimum functional height. The maximum total height of a tower-based WCF, which is not located in the public ROW or the Airport Overlay Zone, shall not exceed 200 feet, as measured vertically from the ground level to the highest point on the structure, including antennae and subsequent alterations. Tower-based WCF in the Airport Overlay Zone shall not exceed the height limits set forth in Article XII of the Bethel Park Zoning Ordinance.
Related equipment. Either one single-story wireless communications equipment building not exceeding 500 square feet in area or up to five metal boxes placed on a concrete pad not exceeding 10 feet by 20 feet in area housing the receiving and transmitting equipment may be located on the site for each unrelated company sharing commercial communications antenna(e) space on the tower-based wireless communications facility.
Public safety communications. No tower-based WCF shall interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.
Maintenance. The following maintenance requirements shall apply:
Any tower-based WCF shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.
Such maintenance shall be performed to ensure the upkeep of the WCF in order to promote the safety and security of the municipality's residents, and utilize the best available technology for preventing failures and accidents.
Radio frequency emissions. A tower-based 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.
Historic buildings or districts. A tower-based WCF shall not be located upon a property, and/or on a building or structure that is listed on either the National or Pennsylvania Registers of Historic Places, or eligible to be so listed, or is included in the official historic structures and/or historic districts list maintained by the municipality.
Signs. All tower-based WCFs shall post a sign in a readily visible location identifying the name and phone number of a party to contact in the event of an emergency. The only other signage permitted on the WCF shall be those required by the FCC, or any other federal or state agency.
Lighting. No tower-based WCF shall be artificially lighted, except as required by law. If lighting is required, the WCF applicant shall provide a detailed plan for sufficient lighting, demonstrating as unobtrusive and inoffensive an effect as is permissible under state and federal regulations. The WCF applicant shall promptly report any outage or malfunction of FAA-mandated lighting to the appropriate governmental authorities and to the municipality Secretary.
Noise. Tower-based WCF shall be operated and maintained so as not to produce noise in excess of applicable noise standards under state law and the municipality code, except in emergency situations requiring the use of a backup generator, where such noise standards may be exceeded on a temporary basis only. The noise regulations currently applied to the oil and gas industry, as enumerated in Section 69.88(15) of the Municipal Zoning Ordinance, shall also apply to the owners and/or operators of wireless communications facilities.
Aviation safety. Tower-based WCF shall comply with all federal, state and municipal 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).
Retention of experts. The municipality may hire any consultant and/or expert necessary to assist the municipality in reviewing and evaluating the application for approval of the tower-based WCF and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of these 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.
Timing of approval. Within 30 calendar days of the date that an application for a tower-based 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. All applications for tower-based WCFs shall be acted upon within 150 days of the receipt of a fully completed application for the approval of such tower-based WCF and the municipality shall advise the WCF applicant in writing of its 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 one-hundred-fifty-day review period.
Nonconforming uses. Nonconforming tower-based WCF which are hereafter damaged or destroyed due to any reason or cause may be repaired and restored at the existing location, but must otherwise comply with the terms and conditions of this section.
Removal. In the event that use of a tower-based WCF is planned to be 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:
All unused or abandoned tower-based WCFs and accessory facilities shall be removed within 90 days of the cessation of operations at the site unless a time extension is approved by the municipality.
If the WCF and/or accessory facility is not removed within 90 days of the cessation of operations at a site, or within any longer period approved by the municipality, the WCF and accessory facilities and equipment may be removed by the municipality and the cost of removal assessed against the owner of the WCF.
Any unused portions of tower-based WCF, including antennae, shall be removed within 90 days of the time of cessation of operations. The municipality must approve all replacements of portions of a tower-based WCF previously removed.
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 tower-based WCF, as well as related inspection, monitoring, and related costs.
FCC license. Each person that owns or operates a tower-based WCF over 40 feet in height shall submit a copy of its current FCC license, including the name, address, and emergency telephone number for the operator of the facility.
Insurance. Each person that owns or operates a tower-based WCF greater than 40 feet in height shall provide the municipality with a certificate of insurance evidencing general liability coverage in the minimum amount of $5,000,000 per occurrence and property damage coverage in the minimum amount of $5,000,000 per occurrence covering the tower-based WCF. Each person that owns or operates a tower-based WCF 40 feet or less in height 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 each tower-based WCF.
Indemnification. Each person that owns or operates a tower-based 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 tower-based WCF. Each person that owns or operates a tower-based 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 tower-based 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.
Engineer signature. All plans and drawings for a tower-based WCF shall contain a seal and signature of a professional structural engineer, licensed in the Commonwealth of Pennsylvania.
Financial security. Prior to receipt of a zoning permit for the construction or placement of a tower-based WCF, the WCF applicant shall provide to the municipality financial security sufficient to guarantee the removal of the tower-based WCF. Said financial security shall remain in place until the tower-based WCF is removed.
The following regulations shall apply to tower-based wireless communications facilities located outside the public rights-of-way:
Tower-based WCF shall not be located in, or within 100 feet of, an area in which utilities are primarily located underground.
Conditional use authorization required. Tower-based WCF are permitted outside the public rights-of-way in the following zoning districts by conditional use, subject to the above prohibition:
Lot area requirements. A tower-based WCF shall be permitted as a sole use on a lot, provided that the underlying lot meets the area requirements set forth in applicable section of the Bethel Park Zoning Code. The minimum distance between the base of a tower-based WCF and any adjoining property line or street right-of-way line shall equal 110% of the proposed WCF structure height.
Combined with another use. A tower-based WCF may be permitted on a property with an existing use, or on a vacant parcel in combination with another use, except residential, subject to the following conditions:
The existing use on the property may be any permitted use in the applicable district, and need not be affiliated with the WCF.
Minimum lot area. The minimum lot shall comply with the requirements for the applicable district and shall be the area needed to accommodate the tower-based WCF and guy wires, the equipment building, security fence, and buffer planting if the proposed WCF is greater than 40 feet in height. When abutting an R District, there shall also be provided a twenty-foot buffer area in addition to any other setback requirements.
Minimum setbacks. The minimum distance between the base of a tower-based WCF and any adjoining property line or street right-of-way line shall equal 110% of the proposed WCF structure height, unless it is demonstrated to the reasonable satisfaction of Council that in the event of failure the WCF is designed to collapse upon itself within a setback area less than the required minimum setback without endangering such adjoining uses and their occupants.
The WCF shall employ the most current stealth technology available in an effort to appropriately blend into the surrounding environment and minimize aesthetic impact. Application of the stealth technology chosen by the WCF applicant shall be subject to the approval of the municipality.
To the extent permissible under federal and state law, any height extensions to an existing tower-based WCF shall require prior approval of the municipality.
Any proposed tower-based WCF shall be designed structurally, electrically, and in all respects to accommodate both the WCF applicant's antennae and comparable antennae for future users.
Any tower-based WCF over 40 feet in height shall be equipped with an anticlimbing device, as approved by the manufacturer and the municipality.
The WCF applicant shall ensure that the existing vegetation, trees and shrubs located within proximity to the WCF structure shall be preserved to the maximum extent possible.
The WCF applicant shall prepare and submit to the municipality a soil report to the municipality complying with the standards of Appendix I: Geotechnical Investigations, ANSI/EIA-222, as amended, to document and verify the design specifications of the foundation of the tower-based WCF, and anchors for guy wires, if used.
A security fence shall completely surround any tower-based WCF greater than 40 feet in height, as well as guy wires, or any building housing WCF equipment. Such fence 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.
Landscaping shall be required to screen as much of a newly constructed tower-based WCF as possible. Council may permit any combination of existing vegetation, topography, walls, decorative fences or other features instead of landscaping, if, in the discretion of Council, they achieve the same degree of screening. Existing vegetation shall be preserved to the maximum extent possible.
Ground-mounted related equipment associated to, or connected with, a tower-based WCF shall be placed underground or screened from public view using Stealth Technologies, as described above.
All related equipment, utility buildings and accessory structures shall be architecturally designed to blend into the environment in which they are situated and shall meet the minimum setback requirements of the underlying zoning district.
Access road. An access road, turnaround space and parking shall be provided to ensure adequate emergency and service access to tower-based WCF. Such access road, turnaround space or parking space shall be paved asphalt or concrete, designed to accommodate anticipated loads from vehicles and equipment. Maximum use of existing roads, whether public or private, shall be made to the extent practicable. Road grades shall closely follow natural contours to assure minimal visual disturbance and minimize soil erosion. Where applicable, the WCF owner shall present documentation to the municipality that the property owner has granted an easement for the proposed facility.
Parking. For each tower-based WCF greater than 40 feet in height, there shall be two off-street parking spaces which meet the criteria for parking spaces as set forth in the Bethel Park Zoning Code.
Inspection. The municipality reserves the right to inspect any tower-based WCF to ensure compliance with 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.
The following regulations shall apply to tower-based wireless communications facilities located in the public rights-of-way.
Location and development standards.
Tower-based WCF in the public rights-of-way shall not exceed 40 feet in height.
Tower-based WCF in the ROW are prohibited within 25 feet of an area in which all utilities are located underground.
Tower-based WCF in the ROW shall not be located in the front facade area of any structure.
Tower-based WCF in the ROW are permitted along principal arterial, arterial, major collector, local commercial, and local industrial roads throughout the municipality, regardless of the underlying zoning district, provided that they are not situated within 50 feet of a residential area in which all utilities are underground. A map of such permitted roads is kept on file at the Municipal Zoning Office.
Time, place and manner. The municipality shall determine the time, place and manner of construction, maintenance, repair and/or removal of all tower-based 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.
Equipment location. Tower-based WCF 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:
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.
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.
Required electrical meter cabinets shall the screened to blend in with the surrounding area to the satisfaction of the municipality.
Any graffiti on the tower or on any related equipment shall be removed at the sole expense of the owner.
Any underground vaults related to tower-based WCFs shall be reviewed and approved by the municipality.
The WCF shall employ the most current stealth technology available in an effort to appropriately blend into the surrounding environment and minimize aesthetic impact. The application of the stealth technology chosen by the WCF applicant shall be subject to the approval of the municipality.
Tower-based WCF in the public ROW shall not exceed 40 feet in height.
To the extent permissible under state and federal law, any height extensions to an existing tower-based WCF shall require a building permit from the municipality, and shall not increase the overall height of the tower-based WCF to more than 40 feet.
Any proposed tower-based WCF shall be designed structurally, electrically, and in all respects to accommodate both the WCF applicant's antennae and comparable antennae for future users.
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 tower-based 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 determine that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:
The construction, repair, maintenance or installation of any municipal or other public improvement in the right-of-way;
The operations of the municipality or other governmental entity in the right-of-way;
Vacation of a street or road or the release of a utility easement; or
An emergency as determined by the municipality.
Reimbursement for ROW use. In addition to permit fees as described in this section, every tower-based WCF in the ROW is subject to the municipality's right to fix annually a fair and reasonable fee to be paid for use and occupancy of the ROW. Such compensation for ROW use shall be directly related to the municipality's actual ROW management costs including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other ROW management activities by the municipality. The owner of each tower-based WCF shall pay an annual fee to the municipality to compensate the municipality of no less than $500 for the municipality's costs incurred in connection with the activities described above.
[Added 4-10-1989 by Ord. No. 4-10-89E]
Districts in which use may be permitted: all.
Express conditions. Any nonconforming use may be changed to a similar or more restrictive use. The following criteria shall be considered when determining whether a proposed use is similar or more restrictive than the current use:
The applicant demonstrates that the proposed use generates the same or less traffic, including truck deliveries, than the current use or other permitted uses within the district as determined by a traffic study prepared by a Pennsylvania licensed engineer using the methodology established by the Institute of Traffic Engineers.
The proposed use generates the same or less odor, noise, vibration, smoke, dust, heat or glare than the current use or other permitted uses within the district.
The proposed use generates the same or less need for parking spaces than the current use or other permitted uses within the district as determined by a traffic study prepared by a Pennsylvania licensed engineer using the methodology established by the Institute of Traffic Engineers.
The changes in the exterior appearance of the proposed use are suitable and compatible to the existing uses in the zoning district and the abutting properties taking into account such factors as the scale and size of the buildings, the historical nature of the property and the district, if any, the color and texture of the building and the other buildings in the district and accessibility to the building.
Outside storage of materials currently existing is not expanded by the proposed use and the new stored materials are no more offensive.
The proposed use does not have longer hours of operation and that the proposed hours of operation or a manner of operation will not harm or cause more inconvenience to the surrounding neighborhood than the current use or other permitted uses in the district. The Municipal Council may restrict the hours of operation of the proposed use in order to eliminate such harm or inconvenience.
[Added 11-9-1992 by Ord. No. 11-9-92B]
Districts in which use may be permitted where no parking garage is present: all districts except R-1, R-2 and R-3.
Districts in which use may be permitted where a parking garage is present: C-1, C-2, C-3, C-4 and MLI.
Minimum lot area: one acre.
Maximum height: same as district.
[Added 5-9-1994 by Ord. No. 5-9-94C]
District in which use may be permitted: CD.
Minimum lot area: four acres.
Maximum height of building: 35 feet.
The number of parking spaces shall provide for adequate parking to meet the maximum occupancy as determined by a study of similar uses. The similar uses used in the study shall be approved by the municipality in advanced of the study. Said study must be done by an engineer registered in the State of Pennsylvania and approved by the municipality as a qualified traffic consultant. The cost of the study shall be paid for by the applicant.
In addition to the yard requirements, a twenty-foot landscaped buffer strip shall be required when abutting any R District.
A traffic study shall be provided by the applicant documenting the capacity of the existing roadway system to handle the anticipated traffic generated. An inadequate roadway system shall be grounds for denial of this conditional use. No public streets shall be constructed as part of a recreational use that will result in a through street between residential neighborhoods. If feasible, the applicant has the option to improve the existing roadway system, including widening and installation of or upgrading of a traffic signal system in order to accommodate the anticipated traffic.
The proposed recreational use must be limited to indoor recreation that would serve the general public and would not be unusual to find in a public park or on public land. Such recreational uses include, but are not limited to, roller and ice skating rinks, indoor sports courts and swimming pools. Such recreational uses do not include educational studios, bowling, aerobic and weight lifting facilities and rifle and archery practice ranges.
The proposed security system, including the use of security personnel, shall provide for the safe operations of the proposed facility and shall provide for adequate protection to the abutting property owners and uses.
Accessory uses shall be customarily incidental and subordinate to the principal recreation use. Determination of incidental and subordinate shall be made by:
[Added 5-9-1994 by Ord. No. 5-9-94A]
Purpose and intent: It is the intent of these conditional use regulations to regulate sexually-oriented businesses to promote the health, safety and general welfare of the municipal residents and to establish reasonable and uniform regulations to prevent the continued deleterious effect of such uses on adjacent areas. The provisions of this conditional use have neither the purpose nor the effect of imposing a limitation or restriction on the content of any communicative materials, including sexually-oriented materials. Similarly, it is not the intent nor effect of these conditional use regulations to restrict or deny access by adults to sexually-oriented materials protected by the First Amendment or to deny access by the distributors and exhibitors of sexually-oriented entertainment to their intended market. Neither is it the intent nor effect of these conditional use provisions to condone or legitimize the distribution of obscene materials.
Districts in which use may be permitted: C-2.
Sexually-oriented businesses must be located at least 500 feet from any area zoned residential in either the Municipality of Bethel Park or in abutting municipalities.
[Amended 4-14-1998 by Ord. No. 4-13-98B]
All other requirements set forth for the C-2 District are applicable to sexually-oriented businesses.
[Added 5-13-1996 by Ord. No. 5-13-96E]
District in which use may be permitted: all R Districts.
Minimum lot area: 30 acres.
Minimum yard areas: 50 feet for all sides.
Maximum height for buildings: same as district.
[Added 6-8-1998 by Ord. No. 6-8-98D]
District in which may be permitted: all R Districts.
Minimum lot area: minimum of two acres.
Minimum yards: same as district.
Maximum height of buildings: The maximum height of buildings hereafter erected, altered or enlarged shall not exceed 45 feet in height for principal building and 75 feet for bell or clock towers or similar appendages.
[Added 2-12-2007 by Ord. No. 2-12-07A]
District in which use may be permitted: all R Districts.
Minimum lot area: 30 acres.
Minimum yard areas: 50 feet for all sides.
Maximum height for buildings: same as district.
Uses are limited to operation of tobogganing, sledding, snow tubing, snowboarding, skiing, cross country skiing, snow surfing, acrobatic skiing, ice skating, and ice hockey facilities.
No retail uses except incidental food and refreshment sales are included as part of the recreational operation.
All mechanical and electrical equipment is to be located in a manner or situation so as to best buffer the noise generated by the equipment from the neighboring property. Equipment shall be sound buffered to prevent a sound level, as measured by a standard audiometer, greater than 50 decibels (dBA) at the property line of the property in which the activity is located. All measurement of the noise is to be conducted upon the request of the municipality. The cost of conducting such measurements is to be borne by the owner.
Must meet the requirements for lighting for recreational use as prescribed by other sections of the Zoning Ordinance.
All area lighting for recreational purposes must cease at 11:00 p.m.
[Added 9-13-2010 by Ord. No. 9-13-10]
Purpose: It is hereby declared to be the purpose of this section 69.88 to declare oil and gas development a use permitted by conditional use in all zoning districts of the Municipality. The Municipality of Bethel Park recognizes that the regulation of oil and gas development is the primary responsibility of the regulatory agencies of the Commonwealth of Pennsylvania, but that the Municipality maintains its zoning powers as set forth in the Pennsylvania Municipalities Planning Code (MPC) and through the Municipality of Bethel Park Zoning Ordinance. It is in the Municipality's best interest to have information concerning oil and gas exploration, development, and production taking place within the Municipality and to ensure that certain security and safety measures related to oil and gas well drilling are in place.
Editor's Note: See 53 P.S. § 10101 et seq.
The Municipality of Bethel Park hereby declares that oil and gas development may be permitted by conditional use in all zoning districts in the Municipality where said development meets the following conditions:
The operator shall comply with any generally applicable bonding and permitting requirements for Municipality roads that are to be used by overweight vehicles and equipment for development activities. For state roads located within the Municipality, the operator shall provide a copy of the highway occupancy permit for overweight vehicles to the Municipality.
The operator shall take the necessary safeguards to ensure that the Municipality roads utilized remain free of dirt, mud and debris resulting from development activities and/or shall ensure such roads are promptly swept or cleaned if dirt, mud and debris occur.
The operator shall take all necessary precautions to ensure the safety of persons in areas established for road crossing and/or adjacent to roadways (for example, persons waiting for public or school transportation). Where necessary and permitted, during periods of anticipated heavy or frequent truck traffic associated with development, the operator will provide flagmen to ensure the safety of children at or near schools or school bus stops and shall include adequate signs and/or other warning measures for truck traffic and vehicular traffic.
The operator shall not clear brush or trees by way of burning and shall chip, grind or remove all tree stumps from properties it clears for development purposes. However, the operator shall, consistent with any relevant outdoor burning ordinance(s), laws and regulations, be permitted to burn any brush, trees, or stumps that have been removed from the ground and collected into a pile or piles on the properties where the operator is engaging in development.
Prior to development, the operator shall provide to the Municipality's Police Department and Fire Company ("first responders") and to the Municipality Zoning Officer, a copy of its Preparedness, Prevention and Contingency (PPC) Plan.
Before drilling, the Municipality shall ascertain whether the Municipality's Police and Fire Departments have secured adequate information to deal with any potential dangerous conditions that may result due to development activities. First responders shall have on-site orientation and shall be provided with adequate awareness information. Upon request from the Municipality, the operator will, prior to the drilling of an oil and gas well, make available, with at least 30 days' notice, at its sole cost and expense, an appropriate site orientation for first responders. Such site orientation shall be made available immediately after any substantial modification to the development or well site, or not less than annually during the period when the operator anticipates drilling activities in the Municipality.
The operator shall take the necessary safeguards to ensure that appropriate dust control measures are in place.
Recognizing that the specific location of equipment and facilities is an important and integral part of oil and gas development, as part of the planning process the operator shall strive to consider location of its temporary and permanent operations, where prudent and possible, so as to minimize interference with Municipality residents' enjoyment of their property and future Municipality development activities.
Recognizing that adequate and appropriate lighting is essential to the safety of those involved in the development of oil and gas, the operator shall take steps, to the extent practicable, to direct site lighting downward and inward toward the drill site, wellhead, or other area being developed so as to attempt to minimize glare on public roads and adjacent buildings within 300 feet of the drill site, wellhead, or other area being developed.
At least two weeks prior to drilling an oil and gas well or multiple oil and gas wells at a location, the operator shall provide the following information to each resident within 1,000 feet of the planned surface location of the well(s):
A copy of the well survey plat showing the location(s) of the planned well(s);
A general description of the planned operations at the planned well(s) and associated equipment used in the development of the well(s);
The contact information for the operator; and
The availability of the operator to hold a meeting with such residents to present the operator's plans for the well(s) and to allow for questions and answers. The meeting(s) shall be held prior to well site construction.
The operator shall provide to the Municipality Zoning Officer, at least 10 days prior to well site construction:
A map showing the planned access route to the well sites on public roads;
Information on the status of road bonding;
The operator's erosion and sedimentation plan;
The well survey plat showing the planned surface location(s) of the well(s); and
The contact information for the operator.
At least 10 days prior to commencement of drilling, the operator shall provide to the Municipality Zoning Officer a copy of the drilling permit issued by the Pennsylvania Department of Environmental Protection (DEP). The operator shall also provide a copy of the recorded plat indicating the size of the proposed drilling area.
In addition to the requirements in Subsections 1 through 12 of Section 69.88.2 above, for any oil and gas well where the planned surface location of the well will be within 1,000 feet of a protected structure, the operator shall:
Install temporary safety fencing, at least six feet in height, around drilling and hydraulic fracturing equipment and install permanent fall protection fencing meeting OSHA requirements around any pits that contain or could contain water or other liquids at depths greater than two feet.
Install an adequate number of warning signs providing notice of the potential dangers at the perimeter of the well site.
Provide at least one security guard 24/7 at all times when a drilling rig or hydraulic fracturing equipment is on the well site.
Prior to the commencement of drilling activities, no construction activities involving excavation of, alteration to, or repair work on any access road or well site shall be performed during the hours of 10:00 p.m. to 7:00 a.m.
The Municipality recognizes and acknowledges that oil and gas development is accompanied by inherent noise. However, the operator shall take the following steps to minimize, to the extent practicable, the noise resulting from the development:
Prior to drilling of an oil and gas well, the operator shall establish a continuous seventy-two-hour ambient noise level at the nearest protected structure property line or 100 feet from the nearest protected structure (as measured to the closest exterior point of the building), whichever is closer to the protected structure, or, alternatively, and in lieu of establishing the above seventy-two-hour ambient noise level, the operator may assume and use, for the purposes of compliance with this ordinance, a default ambient noise level of 55 dBA. The sound level meter used in conducting any evaluation shall meet the American National Standard Institute's standard for sound meters or an instrument and the associated recording and analyzing equipment which will provide equivalent data.
The operator shall provide documentation of any established, seventy-two-hour evaluation relied upon to establish an ambient noise level greater than 55 dBA to the Municipality's Zoning Officer within three business days of such a request from the Zoning Officer.
Limitations on exceeding noise levels.
The noise generated during construction, drilling and hydraulic fracturing activities, when measured at the nearest protected structure property line or 100 feet from the nearest protected structure (as measured to the closest exterior point of the building), whichever is closer to the protected structure, shall not exceed the average ambient noise level (as determined by the seventy-two-hour evaluation) or the default level, whichever is higher:
The operator shall inform the Municipality of which level (avenge ambient noise level or default level) is being used.
Adjustments to the forgoing noise limits may be permitted in accordance with the following:
If a complaint regarding noise generated during construction, drilling or hydraulic fracturing activities is received by the Municipality from any person, whether a resident or otherwise, using a protected structure, as defined herein, for any lawful purpose, the operator shall, within 24 hours of receipt of the complaint from the Municipality, continuously monitor, for a forty-eight-hour period, a point which is the closer of the following to the complainant's building:
If the operator engages in any noise testing as required by this ordinance, it will provide preliminary data to the Municipality no later than five business days following completion of the noise testing. Once the monitoring is complete, the operator will meet with Municipality representatives and affected residents to discuss whether possible noise abatement measures are warranted, if the permitted levels set forth herein were exceeded.
Exhaust from any internal combustion engine or compressor used in connection with the drilling of any well or for use on any production equipment or used in development shall not be discharged into the open air unless it is equipped with an exhaust muffler or an exhaust box. The exhaust muffler or exhaust box shall be constructed of noncombustible materials designed and installed to suppress noise and disruptive vibrations. Moreover, all such equipment with an exhaust muffler or exhaust box shall be maintained in good operating condition according to manufacturer's specifications.
All workover operations shall be restricted to the hours of 7:00 a.m. to 10:00 p.m., except in the extent of an emergency, as reasonably determined by the operator. "Workover operations" shall mean work performed in a well after its completion in an effort to secure production where there has been none, restore production that has ceased, or increase production.
The noise restrictions contained in this Subsection 15 of Section 69.88.2 shall also apply to natural gas compressor stations and natural gas processing plants.
The operator shall take all reasonable measures to prevent the emission of offensive odors from the development and from natural gas compressor stations and natural gas processing plants.
[Added 4-9-2007 by Ord. No. 4-9-07]
District in which may be permitted: C-2 and MLI Districts.
Location and yards.
The minimum front, side and rear yard requirements applying to a principal use as set forth within the zoning district in which the billboard is to be located shall apply to each billboard structure.
Billboards shall only be permitted within 400 feet of the center line (measured horizontally) of the street from which they are intended to be viewed.
Billboards shall not be erected within 300 feet of the property line of any public or private school, church or cemetery, playground, recreation center, or community center.
Billboards shall not be erected within 200 feet of any residential district zone line. If a billboard faces a residential district, the minimum distance from the residential district zone line shall be increased to 300 feet.
Billboards shall maintain a lateral minimum spacing between any existing or proposed billboard structures of 1,500 feet. Required spacing shall be measured along both sides of the same roadway frontage from the centermost point of the billboard structure along a line extending from the centermost point of the billboard, which is parallel to the center line of the roadway to which the billboard is oriented. Official governmental signs, owned and maintained by a governmental entity, shall not be counted nor shall measurements be made from them for the purposes of determining spacing requirements.
No billboard shall be erected in such a manner as to block the view from the road or street of any existing business identification sign, residential or nonresidential structure, or limit or reduce the light and ventilation requirements under the Building Code.
No billboard shall be constructed within the clear sight triangle of the public street or road on which it is situated and shall not in any case obstruct or impede traffic safety.
No sign shall be erected over any sidewalk or public right-of-way.
Billboards shall not be mounted on the roof, wall, or other part of the building or any other structure.
Size and height.
Each billboard shall have a maximum allowable gross surface area of 300 square feet per sign face.
A billboard shall have no more than two sign faces per billboard structure.
The billboard structure may have sign faces placed back to back. A V-shaped configuration on a single billboard structure is restricted to be no greater than a thirty-degree angle opening between the two faces of the billboard structure.
The dimensions of the gross surface area of the billboard's sign face shall not exceed 15 feet in total height or 30 feet in total length, provided that the total allowable gross surface area for the sign face is not exceeded.
The billboard structure shall have an average maximum height above the curb of the roadway from the side in which it is intended to be viewed of 35 feet.
Construction and design.
Billboards shall be constructed in accordance with applicable provisions of the Building Code.
A billboard sign face shall be independently supported and have vertical supports of metal which are galvanized or constructed of approved corrosive-resistant, noncombustible materials and shall be painted.
The base shall be installed using a foundation and footings approved by the Code Enforcement Officer for the type of construction proposed.
The billboard structure must be properly grounded to protect from lightning strikes or other electrical shocks in a manner acceptable to the Code Enforcement Officer.
There shall be no permanently attached ladder or fixed structure or device that can be used for climbing the billboard structure.
All utilities servicing the billboard must be located underground.
The entire base of the billboard structure parallel to the sign face shall be permanently landscaped with suitable shrubbery and/or bushes of minimum height of three feet placed in such manner as to screen the foundation of the structure.
The sign owner shall maintain landscaping in an attractive and healthy manner in accordance with accepted conservation practices.
Permanent landscaping shall form a base and/or backdrop to the billboard sign. All landscaped areas shall be at least 30 square feet in size and shall be planted with shrubs that are at least two feet in height at time of planting. The landscaping shrubs shall also consist of at least 50% of plants that retain their vegetation throughout all seasons (such as dwarf evergreens). The Community Development Director shall approve the landscaping vegetation species selected before a building permit is issued. All ground areas beneath and between the plantings shall be either planted with a suitable ground cover or covered with decorative mulch.
A billboard with display lighting shall be constructed so that it does not glare upon adjoining property and shall not exceed a maximum footcandle of 0.5 upon the adjoining property.
All billboard lighting must be in conformance with all lighting provisions as identified in other provisions of the Zoning Code.
Display lighting shall not operate between 11:00 p.m. and 6:00 a.m., prevailing local time.
No billboard structure, sign face, or display lighting shall move, flash, or emit noise. No display lighting shall cause distractions, confusion, nuisance, or hazard to traffic, aircraft, or other properties.
The use of colored lighting shall not be permitted.
A billboard structure shall be entirely painted every three years.
Every 10 years, the owner of the billboard shall have a structural inspection made of the billboard by a qualified Pennsylvania registered engineer and shall provide to the Municipality a certificate from the engineer certifying that the billboard is structurally sound.
Annual inspections of the billboard may be conducted by the Municipality to determine compliance with this chapter.
Billboards found to be in violation of this chapter shall be brought into compliance or removed within 30 days upon proper notification by the Municipality.
Billboards using removable paper or other materials shall be maintained in such condition as to eliminate loose or frayed material protruding or hanging from the structure. All paper and other waste materials shall be removed from the site and disposed of properly whenever any sign face is changed.
The applicant for a sign permit to erect a billboard shall execute an indemnification agreement to indemnify the Municipality for any damage to person or property. In addition, the applicant shall provide proof of insurance in the amount of $500,000. The applicant shall be required to provide proof of insurance on an annual basis.
Prior to submission of an application for a sign permit, the applicant for a billboard shall obtain and submit with the application approvals from the County of Allegheny or the United States Federal Aviation Administration (FAA), when applicable.
Conditional use approval shall be valid for six months from the date of action by Municipal Council granting the conditional use. If the applicant fails to obtain a sign permit for the approved billboard within the six-month period, conditional use approval shall expire automatically, without written notice to the applicant.
The issuance of a sign permit for a billboard, which has been granted conditional use approval shall be conditioned upon the approval of the Pennsylvania Department of Transportation (PennDOT) for billboards along state highways. If the applicant fails to submit evidence of the required approval by PennDOT within 30 days of the issuance of the conditional sign permit, the Municipality's Code Enforcement Officer, who shall provide written notice to the applicant, shall revoke the sign permit.
The applicant may reapply for the required sign permit, upon submission of evidence of PennDOT approval, without payment of any additional sign permit fee, provided that the application is filed within the six-month period during which the conditional use approval is valid.
The applicant shall be subject to the prevailing fee for replacement signs whenever the face of the billboard is changed.
[Added 5-11-2015 by Ord. No. 5-11-15A]
Districts in which use may be permitted: C-4.
Minimum lot area. The minimum size lot where a single-story multiple-family dwelling is to be utilized in connection with housing for seniors is one acre. The minimum lot size where a multistory multiple-family dwelling is to be utilized in connection with housing for seniors is two acres. There shall not be more than 25 units per acre.
Maximum height of building: 35 feet.
Notwithstanding the foregoing, where abutting an R-1, R-2 or R-3 District, there shall be provided, in addition to the yard requirements, a buffer area of not less than 20 feet. The fronts of all buildings and sides, when the side or sides face a street of a residential district, shall be faced with brick, stone or other suitable materials as approved by the Planning Commission.