The following standards shall apply to all permitted uses, conditional
uses and uses by special exception in all Zoning Districts. In order
to determine whether a proposed conditional use or use by special
exception will conform to the requirements of this Ordinance, the
Planning Commission, Borough Council or the Zoning Hearing Board may
require a qualified consultant whose credentials are acceptable to
Council or the Board to testify, whose cost for services shall be
borne by the applicant.
1401.1
Fire Protection
Fire prevention and fighting equipment which conforms to the
requirements of the NFPA and ICC (International Code Council) Fire
Prevention Code shall be readily available when any activity involving
the handling or storage of flammable or explosive materials is carried
on.
1401.2
Electrical Disturbance
No activity shall cause electrical disturbance adversely affecting
radio or other equipment in the vicinity.
1401.3
Noise
No operation or activity shall cause or create noise in excess
of the sound levels prescribed below. The noise shall be measured
on an "A-weighted" scale of a sound pressure level meter which conforms
to the standards prescribed by the American National Standards Institute
(ANSI), New York, New York in Specifications for Sound Level Meters,
S1.4-1971 or latest revised edition.
a.
Residential Districts:
At no point beyond the boundary of any lot within these Zoning
Districts shall the exterior noise level resulting from any use or
activity located on such lot exceed a maximum of sixty (60) dBA for
more than four (4) hours between 7:00 A.M. and dusk nor shall the
exterior noise level exceed sixty (60) dBA for any length of time
between dusk and 7:00 A.M.
b.
Commercial and Industrial Districts:
At no point on or beyond the boundary of any lot within these
Zoning Districts shall the exterior noise level resulting from any
use or activity located on such lot exceed a maximum of sixty-five
(65) dBA for more than four (4) hours during any twenty-four (24)
hour period.
c.
Where two (2) or more Zoning Districts in which different noise levels
are prescribed share a common boundary, the most restrictive noise
level standards shall govern.
d.
Any violation of the above Subparagraphs (a), (b) or (c) shall be
a violation of this Ordinance and shall be subject to the enforcement
remedies and penalty provisions of this Ordinance; however, other
intermittent noises, except those exempted by Subparagraph (e) below,
may be determined to be a nuisance by the Zoning Officer and shall
be subject to penalties and enforcement remedies for a public nuisance.
e.
The following uses or activities shall be exempted from the noise
regulations:
1.
Noises emanating from construction or maintenance activities
between 7:00 A.M. and 7:00 P.M.
2.
Noises caused by safety signals, warning devices and other emergency-related
activities or uses;
3.
Noises emanating from public or private recreational uses between
7:00 A.M. and dusk.
4.
Noises emanating from the delivery of public services such as
street maintenance or snow removal.
f.
In addition to the above regulations, all uses and activities within
the Borough shall conform to all applicable County, State and Federal
regulations. Whenever the regulations contained herein are at variance
with any other lawfully adopted rules or requirements, the more restrictive
shall govern.
1401.4
Vibrations:
Vibrations detectable without instruments on neighboring property
in any Zoning District shall be prohibited, except for temporary vibrations
associated with construction or maintenance activities between 7:00
A.M. and 7:00 P.M.
1401.5
Odors:
No malodorous gas or matter shall be permitted which is discernable
on any adjacent lot or property. There shall be no emission of any
malodorous gas or matter which violates the regulations of the Allegheny
County Health Department.
1401.6
Smoke, Ash, Dust, Fumes, Vapors and Gases:
There shall be no emission at any point for longer than five
(5) minutes in any hour of visible gray or other color smoke with
a shade darker than No. 3 on the Standard Ringlemann Chart issued
by the U.S. Bureau of Mines; nor shall there be any emission at any
point from any source which can cause damage to health, to animals
or vegetation or other forms of property or which can cause excessive
soiling at any point.
1401.7
Lighting and Glare:
No direct or sky-reflected glare, whether from floodlights or
from high temperature processes shall be visible from adjacent public
streets or adjacent lots when viewed by a person standing on ground
level. For the purposes of interpreting this Subsection, glare shall
be defined as direct or indirect light from any source which exceeds
one-half (1/2) foot candle on any adjacent property.
In all Zoning Districts, all lighting devices located within
one hundred (100) feet of a property line adjacent to residential
use or zoning classification shall be designed with shields, reflectors
or refractor panels which direct and cut off light at a cutoff angle
which is less than ninety degrees (90°). Cutoff angle is defined
as the angle formed by a line drawn from the direction of the light
rays at the light source and a line perpendicular to the ground from
the light source above which no light is emitted. (See Illustration
in Appendix B.)
1401.8
Erosion:
No erosion by wind, water or other source shall be permitted
which will carry objectionable substances onto neighboring properties.
All activities shall be subject to the requirements of the Allegheny
County Soil Conservation Service and shall be governed by any permits
issued by that agency.
1401.9
Water Pollution:
Water pollution shall be subject to the standards established
by the Pennsylvania Department of Environmental Protection (PA DEP).
1401.10
Determination of Compliance with Performance Standards:
During the review of an application for zoning approval, the
applicant may be required to submit data and evidence documenting
that the proposed activity, facility or use will comply with the provisions
of this Section. In reviewing such documentation, the Borough may
seek the assistance of any public agency having jurisdiction or interest
in the particular issues and the Borough may seek advice from a qualified
technical expert. All costs of the expert's review and report shall
be paid by the applicant. A negative report by the technical expert
and the applicant's refusal or inability to make alterations to ensure
compliance with this Section shall be a basis for denying approval
of the application.
1401.11
Continuing Enforcement:
The Zoning Officer shall investigate any purported violation
of the performance standards and, subject to the approval of Borough
Council, may employ qualified technical experts to assist in the determination
of a violation. Costs of the services of such experts shall be paid
by the owner or operator of the facility or use accused of the violation
if the facility or use is found to be in violation. If the facility
or use is found to be in compliance with the performance standards,
said costs shall be borne by the Borough.
If the facility or use is found to be in violation, the owner
or operator shall be given written notice of violation in accordance
with § 1703.2 of this Ordinance and a reasonable length
of time to correct the violation. Failure to correct the violation
shall be subject to the penalty provisions of this Ordinance and shall
result in the revocation of the occupancy permit for the facility
or use.
1402.1
Buffer Areas Required:
a.
Buffer Areas shall not be required along property lines which adjoin
a public street right-of-way.
b.
Buffer Area A shall be required for development in the C-1 or I-1
Zoning Districts along all property lines adjacent to an R-1, R-2
or S Zoning District when construction of any new building or structure
is proposed.
c.
Buffer Areas A, B or C shall also be required for any conditional
use or use by special exception when the express standards and criteria
for the specific use specify a requirement to provide one of these
Buffer Areas.
1402.2
Buffer Areas Defined:
Buffer Areas required by § 1402.1 above are defined
as follows and are illustrated in Appendix IV:
a.
Buffer Area A shall be a minimum of twenty-five (25) feet in depth
measured from the property line and shall be comprised of two (2)
rows of plantings which are a mixture of thirty percent (30%) deciduous
and seventy percent (70%) evergreen trees spaced within the rows ten
(10) feet apart, measured from the vertical centerlines of adjacent
trees. In addition to the above noted required trees, a continuous
row of low level evergreen shrubs or hedges shall be planted, or earthen
mounding shall be constructed in the Buffer Area which shall be a
minimum of three (3) feet in height to provide a year-'round visual
screen capable of acting as a barrier to light beams emanating from
the headlights of passenger cars.
b.
Buffer Area B shall be a minimum of fifteen (15) feet in depth measured
from the property line and shall be comprised of one (1) row of plantings
which are a mixture of thirty percent (30%) deciduous and seventy
percent (70%) evergreen trees spaced within the row ten (10) feet
apart, measured from the vertical centerlines of adjacent trees. In
addition to the above noted required trees, a continuous row of low
level evergreen shrubs or hedges shall be planted, or earthen mounding
shall be constructed in the Buffer Area which shall be a minimum of
three (3) feet in height to provide a year-'round visual screen capable
of acting as a barrier to light beams emanating from the headlights
of passenger cars.
c.
Buffer Area C shall be comprised of a continuous, compact evergreen
hedge or line of evergreen trees that will grow together when mature
which are a minimum of six (6) feet in height at the time of planting.
On lots which cannot reasonably provide the required Buffer Area,
a six (6) foot high screening fence as defined by this Ordinance,
may be approved by Borough Council, upon recommendation of the Planning
Commission, during the review of the Land Development Plan.
1402.3
Conflict Between Buffer Area and Yard Requirements:
1402.4
Existing Structures in Buffer Areas:
In instances where an existing structure houses the principal
use of the property, and is located within any required Buffer Area,
a Buffer Area of not less than the minimum distance from the existing
structure to the property line shall be required. This reduced Buffer
Area width shall apply only to the yard area which the existing structure
encroaches upon. If the existing structure is located within the required
Buffer Area on one (1) side of the building, the required Buffer Area
as determined by § 1402.1 shall apply on all other yard
areas. All planting requirements shall be adhered to regardless of
the Buffer Area width.
1402.5
Existing Trees in Buffer Areas:
Where trees already exist within the required Buffer Area, these
trees shall remain undisturbed, except that diseased or dead material
may be removed. If it is determined that some healthy trees must be
removed in conjunction with development, a written request to remove
such trees shall be submitted to the Borough, along with an explanation
detailing the rationale for the request. These trees shall not be
removed until the Borough has given written authorization permitting
their removal. This permission shall not be unreasonably denied; however,
those who violate this Section shall be subject to the maximum penalties
authorized by this Ordinance.
When any trees, regardless of their physical condition, are
removed, they shall be replaced by trees suitable to the environment.
All such replacement planting shall be in accordance with accepted
conservation practices.
1402.6
Size of Trees in Required Buffer Areas:
Any existing trees within the required Buffer Area which are
a minimum of two (2) inches in diameter at a point one (1) foot above
the ground shall be preserved and shall count as a required tree within
the Buffer Area. At no point, however, shall any existing trees and
required trees be separated at a distance greater than the distance
specified in the required Buffer Area.
All trees required to be planted within the Buffer Area shall
be a minimum of two (2) inches in diameter at a point one (1) foot
above the ground measured along the trunk of the planted tree, which
tree shall be planted in accordance with accepted conservation practices.
All required trees shall be a minimum of six (6) feet in height at
time of planting measured from the ground adjacent to the planted
tree to the top of the tree.
1402.7
Responsibility for Maintenance:
It shall be the responsibility of the owner/applicant to assure
the continued growth of all required landscaping and/or to replace
the same in the event of frost, vandalism, disease or other reasons
for the discontinued growth of the required trees, shrubs and bushes.
1402.8
Stormwater Management Facilities in Buffer Areas:
When required by the Borough, stormwater management facilities
and structures may be located within a Buffer Area; however, the existence
of such facilities or structures shall not be a basis for a failure
to meet the planting requirements in the Buffer Area.
1402.9
Landscaping of Open Areas:
All yard areas not utilized for parking facilities, driveways,
gardens, the planting of trees or shrubs, flower, vegetable or herb
beds or similar uses must be seeded, sodded or landscaped within a
reasonable period of time. The phrase "a reasonable period of time"
shall be interpreted to be within thirty (30) days after construction
activities are completed, unless those activities are completed between
a November 1 through April 1 time period. In such case, the required
sodding or seeding must occur by May 1st.
1402.10
Landscaping Specifications:
Landscaping shall be provided in accordance with the following
specifications:
a.
Planting required in Buffer Areas as outlined in § 1402.2
shall not be substituted for any required planting mandated in this
Subsection.
b.
A landscaping plan, with detailed drawings, prepared by a registered
landscape architect, shall be submitted with the Final Application
for land development plan approval and this landscaping plan shall
contain and show the following information:
1.
All required Buffer Areas with proposed plantings (identifying
each proposed tree, bush or shrub by type and size) drawn to scale
and identifying the height and width of any proposed mounds.
2.
All required planting independent of any Buffer Area requirements
(identifying each tree, bush, shrub by type and size, the use of sod
or seeding, etc.) drawn to scale.
3.
Any planting in excess of the requirements in § 1402.1
and § 1402.2 of this Ordinance.
4.
Any existing trees or vegetation which are to be preserved,
accurately identifying type, size and their relative location.
5.
Any existing trees or vegetation which will be removed, accurately
identifying their type, size and relative location.
c.
For nonresidential developments on lots which have a total area of
one (1) acre or more, at least one (1) deciduous tree shall be planted
for each two thousand (2,000) square feet of gross floor area of the
building.
d.
For multifamily developments, at least one (1) deciduous tree shall
be planted for each ten (10) dwelling units or portion thereof.
e.
All trees which are required to be planted as per the regulations
of this Section shall be a minimum of two (2) inches in diameter at
a point one (1) foot above the ground at the time of planting measured
along the trunk of the planted tree which tree shall be planted in
accordance with accepted conservation practices.
f.
Landscaping of open parking areas shall be provided in accordance
with § 1101.12.
g.
All areas not utilized for structures, driveways, planting strips
or parking facilities must be seeded, sodded or landscaped within
a reasonable period of time. The phrase "a reasonable period of time"
shall be given the same interpretation given that phrase as it is
used in § 1402.9 of this Ordinance.
1402.11
Posting of Bond for Landscaping.
A maintenance bond in the form of cash, certified check or letter
of credit shall be posted with the Borough in the amount of fifteen
percent (15%) of the total cost of landscaping shown on the approved
landscaping plan or $15,000, whichever is less, for a period of two
(2) years from the date of installation of the landscaping materials.
The maintenance bond shall guarantee replacement of the required landscaping
materials during the term of the bond.
In addition to the yard requirements specified in each Zoning
District, the following yard requirements shall apply in all Zoning
Districts to the applicable circumstances described below:
1403.1
Corner Lots:
Corner lots shall provide front yards on each street frontage.
The remaining two (2) yards shall constitute side yards.
1403.3
Accessory Uses and Structures:
In all Zoning Districts the following regulations shall apply
to accessory structures:
a.
Private Swimming Pools Accessory to a Dwelling:
Swimming pools accessory to a dwelling and all structures appurtenant
thereto, shall be located at least ten (10) feet from any property
line. Swimming pools shall not be permitted in the front yard. In
the case of a corner lot, a swimming pool shall not be permitted in
either front yard. Swimming pools shall not occupy more than thirty
percent (30%) of the rear yard area, as defined by this Ordinance.
All in-ground swimming pools and the equipment necessary for
maintaining the pool shall be completely enclosed by a fence which
is four (4) feet in height and which has a self-closing, self-latching
gate. The dwelling may constitute a part of the required enclosure.
Above-ground swimming pools, the top of which is at least four
(4) feet above the adjacent ground level on the entire perimeter and
which have removable or retractable steps, shall not be required to
be fenced, if the steps are removed or retracted when the pool is
not in use. All other above-ground pools shall be fenced in accordance
with the requirements for in-ground swimming pools.
b.
Private Tennis Courts Accessory to a Dwelling:
Tennis courts accessory to a dwelling shall not be permitted
in the front yard and shall be located at least twenty (20) feet from
any side or rear property line. If lighting is proposed, the lighting
shall be shielded so that it does not reflect on any adjacent property.
All tennis courts shall be enclosed by a fence which is a minimum
of ten (10) feet in height and a maximum of twelve (12) feet in height
and which shall contain openings equal to fifty percent (50%) or more
of the surface area of the fence. Tennis courts shall not occupy more
than thirty percent (30%) of the rear yard area as defined by this
Ordinance.
c.
Fences:
[Amended 9-9-2019 by Ord. No. 406]
1.
In all zoning districts, fences must meet the following requirements:
(a)
Before building a fence, a landowner must submit a fence permit
application to the Zoning Officer. The Zoning Officer shall establish
the form for the fence permit application and is authorized to issue
a fence permit. The fence permit application shall require the applicant
to submit a site plan identifying the proposed location of the fence.
(b)
The Zoning Officer may require a survey of the property by a
registered professional surveyor identifying property lines when it
appears to the Zoning Officer that the fence may encroach on another
owner's property.
(c)
A fee for a fence permit shall be paid at the time of submitting
a fence permit application, in an amount to be established by a resolution
of Borough Council from time to time.
(d)
Fences shall be constructed at a minimum setback of at least
one foot from the applicant/landowner's property line, unless
the adjoining property owner(s) consent to construction of the fence
directly on the property line. If the fence is to be constructed directly
on the property line, the applicant/landowner must submit proof of
the adjoining property owners' consent to the construction of
the fence to the Zoning Officer with the landowner's fence permit
application.
(e)
The finished side of the fence shall face the street or adjacent
property.
(f)
The applicant/landowner shall at the landowner's cost and
expense remove a fence that is built in violation of this section.
(g)
Fences accessory to schools, parks and playgrounds shall be
no more than 10 feet in height and shall contain openings equal to
at least 75% of the surface area of the fence.
2.
In an S Conservancy and R Residential District, fences must
meet the following requirements:
(b)
A fence in a front yard and corner lots (see § 190-1403.1) must:
3.
In a C Commercial or I Industrial Zoning Districts, the maximum
height of a fence shall be 10 feet. Fences in these districts shall
be located in side or rear yards only.
d.
Satellite Dish Antennas:
Satellite dish antennas with a diameter of one (1) meter or
less shall be exempt from the following regulations.
Satellite dish antennas in excess of one (1) meter in diameter
shall not be permitted on a residential lot. In all "S" Conservancy
and "R" Residential Zoning Districts, such satellite dish antennas
shall not be permitted in any front or side yard. On any lot containing
a single family dwelling or two family dwelling, the maximum diameter
of any freestanding satellite dish antenna installed on any lot shall
be twelve (12) feet and the maximum height of any such antenna shall
be thirteen (13) feet. No part of any freestanding satellite dish
antenna shall be located closer than five (5) feet to any property
line.
Satellite dish antennas in excess of one (1) meter in diameter
may be located on the roof of any single family or two-family dwelling.
Any satellite dish antenna located on the roof of any building located
in any "C" Commercial or "I" Industrial District, provided the maximum
diameter shall not exceed twelve (12) feet and the maximum height
shall not exceed fifteen (15) feet above the roof line when positioned
vertically. The height above the roof line shall be measured from
the highest point of the roof for flat roofs, the deck line for mansard
roofs and the mean height between eaves and ridge for gable, hip or
gambrel roofs.
e.
Air Conditioning Condensers, Heat Exchangers and Heat Pumps:
In "S" Conservancy and "R" Residential Zoning Districts, air
conditioning condensers, heat exchangers and heat pumps shall be located
in the rear yard. Such equipment shall not be located in any required
front or side yard, unless location of the equipment in the rear yard
would be detrimental to the efficient operation of the system and
the equipment may be located in a required front or side yard, provided
it shall not encroach into the required front yard by more than ten
(10) feet and shall be located at least three (3) feet from any side
property line and the installation shall be adequately screened from
view from the street and adjacent residential properties.
In the "C" Commercial and "I" Industrial Zoning Districts, roof-top
air conditioners and other mechanicals shall be screened from view
from the street and adjacent residential properties.
f.
Private Garages and Carports:
Detached private garages and carports accessory to a single
family dwelling or two-family dwelling may be located in the side
or rear yard or in the case of property fronting on an alley, in the
front yard facing the alley, provided that a detached private garage
or enclosed carport or partially enclosed carport shall not be located
closer than three (3) feet to the side or rear property line or front
property line adjacent to an alley. A detached private garage or carport
shall not occupy more than thirty percent (30%) of the rear yard area,
as defined by this Ordinance. A detached garage may be connected to
the principal building by contiguous walls, breezeways or similar
connections.
Shared garages in joint ownership with party walls alongside
property lines shall be permitted, provided each space is served by
a paved driveway in separate ownership or an easement or other agreement
for a shared driveway is recorded with the deed. Shared garages shall
be located at least three (3) feet from the rear property line and
shall not occupy more than thirty percent (30%) of the rear yard area,
as defined by this Ordinance.
If the above requirements cannot be met because of topography
or other physical limitations, then a single (or jointly owned shared)
garage may be constructed in the front yard, provided the garage is
completely enclosed, the cubic content of the garage is more than
seventy-five percent (75%) below grade and a parapet wall or appropriate
landscaping furnished.
g.
All Other Accessory Structures:
All other accessory structures that have a gross floor area of one hundred fifty (150) square feet or less, including, but not limited to, storage sheds, gazebos, playhouses, decks, patios and porches, shall not be permitted in the minimum required front yard or minimum required side yards, except as may be permitted by § 190-1404, and shall be located at least five (5) feet from the rear lot line. In the case of corner lots, the accessory structure may be located in the minimum required side yard, provided it is located at leas five (5) feet from the side lot line.
Accessory structures that have a gross floor area in excess
of one hundred fifty (150) square feet shall be subject to all setbacks
applicable to principal structures.
Any detached accessory structure shall be located at least ten
(10) feet from any principal building.
1403.4
Visibility at Intersections:
No object, including, but not limited to, fences, hedges, trees
and other plantings, buildings, structures, walls, signs and motor
vehicles, exceeding a height of three (3) feet as measured from the
lowest elevation of the centerline of any abutting street, shall be
temporarily or permanently placed, erected, installed or parked within
the clear sight triangle required on a corner lot. The required clear
sight triangle on a corner lot shall be determined as follows:
The street lines abutting the corner lot shall form the legs
of the clear sight triangle. Each of the legs shall extend a distance
of thirty (30) feet from the point of intersection of the street right-of-way
lines abutting the corner lot. The hypotenuse of the clear sight triangle
shall be formed by drawing a straight line joining the legs at their
farthest point from the vortex of the triangle.
An illustration of the Clear Sight Triangle appears in Appendix
II.
The following shall be permitted to project into any required
yard in any Zoning District as follows:
a.
Typical architectural features, including, but not limited to, bay
windows, window sills, chimneys, cornices and eaves, shall be permitted
to project into required yards no more than twenty-four (24) inches.
b.
Decks and their stairs and unenclosed porches without enclosed habitable
foundation and without a roof shall be permitted to project into the
required front yard no more than three (3) feet and shall be no closer
to the rear property line than twenty (20) feet.
c.
Steps and stoops attached to the principal building and open fire
escapes shall be permitted to project into required front, side and
rear yards no more than thirth-six (36) inches.
d.
Open fire escapes shall be permitted to project into required front,
side and rear yards no more than thirty-six (36) inches.
The height limitations of this Ordinance shall not apply to
the following structures: Church spires, belfries, chimneys, domes,
commercial radio and television towers, elevator bulk heads and other
mechanical equipment which is part of the principal structure, conveyors,
flagpoles, silos, standpipes, elevated water tanks, derricks, public
utility structures, and other structures not intended for human habitation
which do not exceed the height limitations of the Zoning District
by more than twenty (20) feet.
[Added 4-9-2012 by Ord. No. 379]
a.
Purpose. The purpose of this Ordinance is to create airport zoning
height regulations with respect to the Pittsburgh International Airport
and the Allegheny County Airport.
b.
AIRPORT ELEVATION
AIRPORT HAZARD
AIRPORT HAZARD AREA
APPROACH SURFACE (ZONE)
CONICAL SURFACE (ZONE)
DEPARTMENT
FAA
HEIGHT
HORIZONTAL SURFACE (ZONE)
LARGER THAN UTILITY RUNWAY
NONCONFORMING USE
NON-PRECISION INSTRUMENT RUNWAY
OBSTRUCTION
PRECISION INSTRUMENT RUNWAY
PRIMARY SURFACE (ZONE)
RUNWAY
STRUCTURE
TRANSITIONAL SURFACE (ZONE)
TREE
UTILITY RUNWAY
VISUAL RUNWAY
Definitions. The following words and phrases when used in this Ordinance
shall have the meaning given to them in this Section unless the context
clearly indicates otherwise.
The highest point of an airport's useable landing area measured
in feet above sea level. The airport elevation of the Pittsburgh International
Airport is 1,204 feet above mean sea level. The elevation of the Allegheny
County Airport is 1,250 feet above mean sea level.
Any structure or object, natural or manmade, or use of land
which obstructs the airspace required for flight or aircraft in landing
or taking off at an airport or is otherwise hazardous as defined in
14 CFR Part 77 and 74 Pa. Cons. Stat. § 5102.
Any area of land or water upon which an airport hazard might
be established if not prevented as provided for in this Ordinance
and the Act 164 of 1984 (Pennsylvania Laws Relating to Aviation).
An imaginary surface longitudinally centered on the extended
runway centerline and extending outward and upward from each end of
the primary surface. An approach surface is applied to each end of
the runway based on the planned approach. The inner edge of the approach
surface is the same width as the primary surface and expands uniformly
depending on the planned approach. The approach surface zone, as shown
on Figure 1,[1] is derived from the approach surface.
An imaginary surface extending outward and upward from the
periphery of the horizontal surface at a slope of twenty (20) feet
horizontally to one (1) foot vertically for a horizontal distance
of 4,000 feet. The conical surface zone, as shown on Figure 1,[2] is based on the conical surface.
Pennsylvania Department of Transportation.
Federal Aviation Administration of the United States Department
of Transportation.
For the purpose of determining the height limits in all zones
set forth in this Ordinance, the datum shall be mean sea level elevation
unless otherwise specified.
An imaginary plane 150 feet above the established airport
elevation that is constructed by swinging arcs of various radii from
the center of the end of the primary surface and then connecting the
adjacent arc by tangent lines. The radius of each arc is based on
the planned approach. The horizontal surface zone, as shown on Figure
1,[3] is derived from the horizontal surface.
A runway that is constructed for and intended to be used
by propeller driven aircraft of greater than 12,500 pounds maximum
gross weight and jet powered aircraft.
Any pre-existing structure, object of natural growth, or
use of land which is inconsistent with the provisions of this Ordinance
or any amendment thereto.
A runway having an existing instrument approach procedure
utilizing air navigation facilities with only horizontal guidance,
or area type navigation equipment, for which a straight-in non-precision
instrument approach procedure has been approved or planned.
Any structure, growth, or other object, including a mobile
object, which exceeds a limiting height set forth by this Ordinance.
A runway having an existing instrument approach procedure
utilizing an Instrument Landing System (ILS) or a Precisions Approach
Radar (PAR). It also means a runway for which a precision approach
system is planned and is so indicated on an approved airport layout
plan or any other planning document.
An imaginary surface longitudinally centered on the runway,
extending 200 feet beyond the end of paved runways or ending at each
end of turf runways. The elevation of any point on the primary surface
is the same as the elevation of the nearest point on the runway centerline.
The primary surface zone, as shown on Figure 1,[4] is derived from the primary surface.
A defined area of an airport prepared for landing and takeoff
of aircraft along its length.
An object, including a mobile object, constructed or installed
by man, including but without limitation, buildings, towers, cranes,
smokestacks, earth formation and overhead transmission lines.
An imaginary surface that extends outward and upward from
the edge of the primary surface to the horizontal surface at a slope
of seven (7) feet horizontally to one (1) foot vertically (7:1). The
transitional surface zone, as shown on Figure 1,[5] is derived from the transitional surface.
Any object of natural growth.
A runway that is constructed for and intended to be used
by propeller driven aircraft of 12,500 pounds maximum gross weight
or less.
A runway intended solely for the operation or aircraft using
visual approach procedures.
[1]
Editor's Note: A copy of Figure 1 is on file in the Borough
offices.
[2]
Editor's Note: A copy of Figure 1 is on file in the Borough
offices.
[3]
Editor's Note: A copy of Figure 1 is on file in the Borough
offices.
[4]
Editor's Note: A copy of Figure 1 is on file in the Borough
offices.
[5]
Editor's Note: A copy of Figure 1 is on file in the Borough
offices.
c.
Applicability. The regulations of this Section shall apply to uses
and structures located within areas illustrated on The Pittsburgh
International Airport (PIT) Airspace Plan (Drawings 7a, 7b, &
7c of 19 of the PIT Airport Master Plan, as amended), and on The Allegheny
County Airport (AGC) Airspace Plan (Drawings 6, 7, & 8 of 14 of
the AGC Airport Master Plan, as amended), which PIT Airspace Plan
and AGC Airport Master Plan are incorporated hereby by reference,
which include the following zones as described in Figure 1 of this
ordinance.[6]
[6]
Editor's Note: A copy of Figure 1 is on file in the Borough
offices.
d.
Permit Applications. As regulated by Act 164 and defined by 14 Code of Federal Regulations Part 77.13(a) (as amended or replaced), any person who plans to erect a new structure, to add to an existing structure, or to erect and maintain any object (natural or manmade), in the vicinity of the airport, shall first notify the Department's Bureau of Aviation (BOA) by submitting PENNDOT Form AV-57 to obtain an obstruction review of the proposal at least 30 days prior to commencement thereof. The Department's BOA response must be included with this permit application for it to be considered complete. If the Department's BOA returns a determination of no penetration of airspace, the permit request should be considered to be in compliance with the intent of this Section. If the Department's BOA returns a determination of a penetration of airspace, the permit shall be denied, and the project sponsor may seek a variance from such regulations as outlined in § 190-1405.1.
[1]
No permit is required to make maintenance repairs to or to replace
parts of existing structures which do not enlarge or increase the
height of an existing structure.
[2]
No notice or review under this Section is required for any of
the following construction or alteration:
(a)
Any object that would be shielded by existing structures
of a permanent and substantial character or by natural terrain or
topographic features of equal or greater height, and would be located
in the congested area of a city, town, or settlement where it is evident
beyond all reasonable doubt that the structure so shielded will not
adversely affect safety in air navigation.
(b)
Any antenna structure of twenty (20) feet or less
in height except one that would increase the height of another antenna
structure.
(c)
Any air navigation facility, airport visual approach
or landing aid, aircraft arresting device, or meteorological device,
of a type approved by the Administrator, or an appropriate military
service on military airports, the location and height of which is
fixed by functional purpose.
(d)
Any construction or alteration for which notice
is required by any other FAA regulation.
e.
Variance. Any request
for a variance shall include documentation in compliance with 14 Code
of Federal Regulations Part 77 Subpart B (FAA Form 7460-1 as amended
or replaced). Determinations of whether to grant a variance will depend
on the determinations made by the FAA and the Department's BOA as
to the effect of the proposal on the operation of air navigation facilities
and the safe, efficient use of navigable air space. In particular,
the request for a variance shall consider which of the following categories
the FAA has placed the proposed construction in:
[1]
No Objection - The subject construction is determined to not
exceed obstruction standards and marking/lighting is not required
to mitigate potential hazard. Under this determination a variance
shall be granted.
[2]
Conditional Determination - The proposed construction/alteration
is determined to create some level of encroachment into an airport
hazard area which can be effectively mitigated. Under this determination,
a variance shall be granted contingent upon implementation of mitigating
measures as described in § 1812.8 - Obstruction Marking
and Lighting.
[3]
Objectionable - The proposed construction/alteration is determined
to be a hazard and is thus objectionable. A variance shall be denied
and the reasons for this determination shall be outlined to the applicant.
Such requests for variances shall be granted where it is duly
found that a literal application or enforcement of the regulations
will result in unnecessary hardship and that relief granted will not
be contrary to the public interest, will not create a hazard to air
navigation, will do substantial justice, and will be in accordance
with the intent of this Ordinance.
f.
Restrictions. Notwithstanding any other provisions of this Ordinance,
no use shall be made of land or water within those portions of the
Borough lying within the areas illustrated on PIT Airspace Plan (Drawings
7a, 7b and 7c of 19 of the PIT Airport Master Plan, as amended), or
on the AGC Airspace Plan (Drawings 6, 7 and 8 of 14 of the AGC Airport
Master Plan, as amended), in such a manner as to create electrical
interference with navigational signals or radio communications between
the airport and aircraft, make it difficult for pilots to distinguish
between airport lights and others, impair visibility in the vicinity
of the airport, create bird strike hazards or otherwise endanger or
interfere with the landing, takeoff of maneuvering of aircraft utilizing
the Pittsburgh International Airport and the Allegheny County Airport.
g.
Pre-Existing Non-Conforming Uses. The regulations prescribed by this
Ordinance shall not be construed to require the removal, lowering,
or other change or alteration of any structure or tree not conforming
to the regulations as of the effective date of this Ordinance, or
otherwise interfere with the continuance of a non-conforming use.
No non-conforming use shall be structurally altered or permitted to
grow higher, so as to increase the non-conformity, and a non-conforming
use, once substantially abated (subject to the underlying zoning ordinance),
may only be reestablished consistent with the provisions herein.
h.
Obstruction Marking and Lighting. Any permit or variance granted
pursuant to the provisions of this Ordinance may be conditioned according
to the conditional determination process described in § 190-1405.1.e
to require the owner of the structure or object of natural growth
in question to permit the municipality, at its own expense, or require
the person requesting the permit or variance, to install, operate,
and maintain such marking or lighting as deemed necessary to assure
both ground and air safety.
i.
Conflicting Regulations. Where there exists a conflict between any
of the regulations or limitations prescribed in this Ordinance and
any other regulation applicable to the same area, the more stringent
limitation or requirement shall govern and prevail.
All businesses which propose drive-in facilities as accessory
uses or principal uses shall meet the following requirements:
a.
The property shall have frontage on and direct vehicular access to
an arterial or collector street, as defined by this Ordinance.
b.
In addition to the parking spaces required for the principal use,
a minimum of five (5) standing spaces, in tandem, with a total length
of one hundred (100) feet, in direct line with each window or stall
shall be provided for vehicles to wait in line. The standing spaces
shall not interfere with the use of any required parking spaces and
shall not inhibit the free flow of traffic on the property. The standing
spaces shall be designed so that waiting vehicles shall not stand
in any right-of-way or any aisle serving parking spaces or overflow
onto adjacent properties, streets or berms.
c.
Entrances, exits and standing spaces shall be adequately indicated
with pavement markings and/or directional signs.
d.
Parking areas and circulation patterns shall be adequately striped
and marked to facilitate traffic circulation on the property.
Temporary construction trailers or sheds or model homes or sales
offices shall be permitted in the C-1 and I-1 Zoning Districts subject
to the following conditions:
a.
Temporary construction trailers or sheds shall be permitted only
during the period that the construction work is in progress. Model
homes or sales offices shall be permitted only until the last lot
or dwelling unit in the final phase of the development is sold.
b.
A permit for the temporary structure or use shall be obtained from
the Zoning Officer prior to the commencement of construction and shall
be renewed every six (6) months.
c.
Temporary construction trailers or sheds shall be located on the
lot on which the construction is progressing and shall not be located
within twenty-five (25) feet of any property line adjacent to residential
use.
d.
Temporary construction trailers or sheds shall be used only as temporary
field offices and for storage of incidental equipment and supplies
and shall not be used for any dwelling use.
e.
No combustible materials shall be stored in temporary construction
trailers or sheds.
f.
Model homes shall be located on a separate lot and shall meet all
the requirements for permanent dwellings in the Zoning District in
which they are located. Sales offices may be located in a model home
or may be located in a trailer located on a vacant lot in the plan
or on the site of construction. If the sales office is located in
a trailer, the trailer shall not be located within twenty-five (25)
feet of any property line adjacent to a residential use.
g.
Model homes or sales offices located in a trailer shall not be utilized
for any dwelling use during the time they are approved as a temporary
use or structure in accordance with the provisions of this Section.
h.
Model homes or sale offices shall be used primarily for sales associated
with the development in which they are located and shall not be used
as the only place of business for the listing realtor.
Each new dwelling unit shall have a minimum gross floor area
(excluding the area in a garage, basement or attic) per dwelling unit
as indicated below:
Single Family Dwelling:
S, R-1 and R-2 Districts: one thousand eight hundred (1,800)
sq. ft./unit
Multifamily Dwelling:
One (1) bedroom & efficiency: four hundred fifty (450) sq.
ft./unit
Two (2) bedrooms: six hundred (600) sq. ft./unit
Three (3) or more bedrooms: seven hundred fifty (750) sq. ft./unit
1409.1
Outdoor Storage in Commercial Districts:
Except for nurseries, garden supply, building supply, automotive
service station and similar businesses which require outside storage
of materials, storage and display of materials outside a completely
enclosed structure shall not be permitted. In the case of nurseries,
garden supply, building supply and similar businesses, outside display
and storage areas shall be completely enclosed by a security fence
and shall be screened by an opaque fence or hedge which is at least
six (6) feet in height. All other commercial activities shall take
place within a completely enclosed building.
Temporary display and sales on the site of an existing commercial
business shall be subject to the requirements of § 1303.21
of this Ordinance.
All organic rubbish and discarded materials shall be contained
in tight, vermin-proof containers which shall be screened from public
view by an opaque fence or hedge which is at least six (6) feet in
height.
1409.2
Storage and Parking of Vehicles:
a.
The parking of any commercial, recreational or passenger vehicle
is not permitted on any lot or site other than in a parking area approved
by the Borough or as otherwise permitted by this Ordinance.
b.
In any R-1 and R-2 Zoning District, the following vehicles shall
not be parked on any street or driveway unless actually involved in
delivering or receiving supplies or services: dump truck, truck trailer,
tractor trailer, tandem truck, semi-trailer truck, combination tractor
trailer trucks, tow trucks or flatbed trucks.
c.
In any R-1 and R-2 Zoning District, a recreational vehicle shall
not be parked or stored on any street, driveway or property unless
such parking or storage is performed in accordance with the following
rules and regulations:
2.
The parking or storage of a recreational vehicle in excess of
the temporary parking or storage hours of forty-eight (48) hours shall
only be permitted in a completely enclosed structure;
3.
A recreational vehicle shall not be parked or stored on any
public or private roadway; and
4.
A recreational vehicle shall not be used for dwelling or habitation
purposes while located on any property within the Borough.
1409.3
Storage of Refuse:
Outdoor storage of garbage, rubbish, trash, refuse, junk, or
discarded articles is prohibited in every Zoning District, except
that garbage and rubbish stored in appropriate containers originating
from and stored upon lots containing single family and two family
dwellings is permitted, provided, that such garbage and rubbish is
removed from the premises not less than as often as required by the
Borough. All areas of storage shall be screened from public view.
Every building in every Zoning District, other than a single
family or two family dwelling, shall have a separate room or totally
enclosed area with a concrete floor or pad to be used for the storage
of garbage, rubbish, trash, refuse, junk and discarded articles.
If required by the Borough Subdivision and Land Development
Ordinance, approval of a land development plan shall be required for
nonresidential uses involving construction of a new principal building
or an addition to an existing building or change of use resulting
in an increase in the area of the lot covered by the building and/or
paving.
Where evidence exists from available Soils Maps and Reports
of slide-prone soils or other hazardous soil conditions, at the time
of application for a building permit for a principal building, there
shall be submitted a report of a qualified soils engineer analyzing
the land to be developed and precautions recommended, if any, to be
considered in the design of the development to mitigate landslides,
erosion & sedimentation, stormwater runoff and other impacts on
adjacent properties, as well as the stability of finished slopes and
special foundation design, if warranted.
Where authorized by this Ordinance, no impact home based businesses
shall comply with the following:
a.
The business activity shall be compatible with the residential use
of the property and surrounding residential uses.
b.
The business shall employ no employees other than family members
residing in the dwelling.
c.
There shall be no display or sale of retail goods and no stockpiling
of inventory of a substantial nature.
d.
There shall be no outside appearance of a business use, including,
but not limited to, parking, signs or lights.
e.
No on-site parking of commercially identified vehicles shall be permitted.
f.
The business activity shall not use any equipment or process which
creates noise, vibration, glare, fumes, odors or electrical or electronic
interference, including interference with radio or television reception,
which is detectable in the neighborhood.
g.
The business activity shall not generate any solid waste of sewage
discharge, in volume or type, which is not normally associated with
residential use in the neighborhood.
h.
The business activity shall be conducted only within the dwelling
and shall not occupy more than twenty-five percent (25%) of the habitable
floor area of the dwelling.
i.
The business shall not involve any illegal activity.
[Added 7-11-2011 by Ord. No. 372; amended 4-9-2012 by Ord. No.
378]
1.
When authorized by this Ordinance, a Portable Storage Unit may be
permitted in all Zoning Districts only if in compliance with the following
regulations:
(a)
One Portable Storage Unit shall be permitted to be placed on
a lot when used in conjunction with a move into or out of any permitted
use located on the same lot.
(1)
Within 24 hours of the placement of the Portable Storage Unit
on the lot, the owner/tenant shall provide the Borough Secretary with
written notice that the Portable Storage Unit has been placed.
(2)
Provided the Portable Storage Unit is used for moving, does
not remain on the lot more than ten (10) days and notice has been
given as required under section (a)(1) above, a Permit shall not be
required and a fee shall not be due.
(3)
In the event the Portable Storage Unit remains on the lot in
excess of ten (10) days, the owner/tenant of the lot where the Portable
Storage Unit is placed must submit a Portable Storage Unit Permit
Application to the Borough Secretary on or before the 11th day after the initial placement of the Portable
Storage Unit and pay the required Permit Fee to the Borough Secretary.
(4)
Provided the Portable Storage Unit Permit Application is timely
submitted and the Permit Fee paid, the Borough Secretary may grant
the Permit for a Period not to exceed a total of 30 days. The Portable
Storage Unit may not remain on the lot beyond the said 30 days.
(5)
Only one permit for a total period not to exceed 30 days in
connection with any move into or out of the permitted use located
on the lot where the Portable Storage Unit is located may be granted
in any 12 month period unless the owner/tenant provides the Borough
Secretary with documentary proof that the lot has been sold during
the said twelve (12) month period, that the lease has terminated,
that an order of eviction or foreclosure has issued, or an event under
section 1(b) or 2(c) below has occurred that would entitle the owner/tenant
to a permit for an additional period.
(b)
One Portable Storage Unit shall be permitted to be placed on
a lot when used in conjunction with a validly issued and active building
permit for construction, renovation or repair of a structure on the
lot, in accordance with the following provisions:
(1)
A written Portable Storage Unit Permit Application shall be
required to be submitted to the Borough Secretary before placement
of the Portable Storage Unit.
(2)
Subject to the payment of fees as required under Council's Fee
Resolution, a Portable Storage Permit may be granted for a period
not to exceed 90 days.
(3)
Upon the occurrence of the earlier of the following: expiration
or revocation of the Building Permit; completion of the renovation,
construction or repair for which the Portable Storage Unit permit
was issued; or expiration of the time period set forth in the Permit
as issued, the said Portable Storage Unit shall be removed within
72 hours.
(c)
In the event the need for a Portable Storage Unit is due to
a catastrophic loss or damage to a structure on the lot where the
Portable Storage Unit is to be located, resulting from fire, water,
sewage back up, flooding, mine subsidence or any other natural disaster
or other similar damage to any structure, one Portable Storage Unit
may be placed without a Permit for an initial period not to exceed
30 days.
(1)
Within twenty-four (24) hours of the placement of the Portable
Storage Unit on the lot, the owner/tenant shall provide the Borough
Secretary with written notice that the Portable Storage Unit has been
placed.
(2)
In the event the portable Storage Unit is required beyond the
initial period set forth in (c) above, upon issuance of a Building
Permit for the repair, renovation or reconstruction of any structure
located on the lot where the portable Storage Unit is located, a Portable
Storage Unit Permit Application must be submitted to the Borough Secretary
and any Permit Fee paid in order for the Portable Storage Unit to
remain beyond the initial period.
(3)
Paragraphs 1(b)(1) and (b)(2) shall apply to a Portable Storage
Unit Permit to be issued for a period longer than thirty (30) days
in conjunction with a loss under 1(c) above.
(d)
Any Portable Storage Unit placed on a lot must be located in
accordance with all yard set back requirements.
(e)
A Portable Storage Unit shall not at any time be placed or located
on a street.
(f)
A Portable Storage Unit may be placed on a private driveway
in the R-1, R-2 and S Zoning Districts but shall not at any time block
or obstruct the sidewalk. An owner/tenant who elects to place the
Portable Storage Unit on the driveway is not entitled to park a motor
vehicle on a Borough roadway in violation of any posted parking restriction.
(g)
In the I-1 and C-1 Zoning Districts a Portable Storage Unit
shall be placed in a parking space, as designated by the Borough,
and shall not at any time block or obstruct any sidewalks, driveways
or aisles. An owner/tenant who elects to place a Portable Storage
Unit in a parking space is not entitled to park a motor vehicle on
a Borough roadway, driveway or aisle in violation of any posted parking
restriction.
(h)
A Portable Storage Unit may at no time be inhabited by humans,
used as storage for animals of any kind, domestic or otherwise, nor
contain any facilities capable or intended to provide any form of
hygiene needs for humans.
(i)
Council reserves the right to set and amend by resolution all
fees for the issuance of any Permits for a Portable Storage Unit.
(j)
Any Permit issued hereunder shall be prominently displayed on
the main building on the lot, or if no building, then on the lot itself
so as to be visible from the street.
2.
It shall be the duty of the police officers of the Borough or other
designated Borough representative to enforce the provisions of this
Ordinance. If the applicant fails to remove the Portable Storage Unit
at the expiration of the permit or has failed to file an application
for a permit as required herein the Borough may, at its option, cause
the Portable Storage Unit and its contents to be removed. The applicant
or person otherwise responsible for ordering the delivery of the Portable
Storage Unit and the owner of the lot where the Portable Storage Unit
is located shall be liable for all costs including attorney fees incurred
by the Borough for the removal of the Portable Storage Unit.
3.
Any person, firm or corporation violating any of the provisions of
this Ordinance shall upon conviction be subject to a fine of not more
than $600.00 for each violation and the costs of prosecution. Each
day that a violation occurs shall constitute a separate offense.
[Added 12-14-2015 by Ord.
No. 389]
1414-1
Bee Keeping. It shall be lawful to maintain bees in all zoning districts
in the Borough only in strict conformity with the following standards
and conditions.
1414-2
AFRICANIZED HONEYBEE
APIARY
BEE
BEE DISEASE
BEEKEEPER
BEST MANAGEMENT PRACTICES
COLONY
DEPARTMENT
FLYWAY
HIVE
SWIMMING POOL
Definitions. As used in this section, all terms shall be defined
in the manner set forth in § 2102 of the Pennsylvania Bee
Law. 3 Pa. Cons. Stat. Ann. § 2102, as amended, unless a
different definition is stated below or a different meaning clearly
appears from the context:
Hybrids of the African honeybee with various European honeybees
that are aggressive compared to the European subspecies.
Any place where one or more colonies or nuclei of bees are
kept.
Any state of the common hive or honeybee (Apis mellifera)
or other species of the genus Apis.
Any American or European foul brood, sac brood, bee paralysis
or other disease or abnormal conditions of eggs, larval, pupal or
adult states of the honeybee.
An owner of an apiary or a person who has charge of an apiary
or one or more colonies of bees in the Borough.
The policies, procedures, and methods contained in the Pennsylvania
Department of Agriculture's compliance agreement for beekeepers.
An aggregate of bees consisting principally of workers, but
having, when perfect, one queen and at times many drones.
The Pennsylvania Department of Agriculture.
A barrier composed of dense vegetation or man-made materials
which direct the bees quickly into the sky.
Any frame hive, box hive, box, barrel, log, gum, skep or
other receptacle or contained, natural or artificial, or any part
thereof, which may be used or employed by a beekeeper as a domicile
for bees which are expected to establish a permanent nets.
Any in-ground pool, or any above-ground pool having a minimum
capacity of 4,500 gallons.
1414-3
Registration, Certification, and Permits.
a.
No beekeeper may own or maintain an apiary within the Borough without
first registering all apiaries with the Department as required by
the Pennsylvania Bee Law, 3 Pa. Cons. Stat. Ann. § 2010
et seq., as amended, and
b.
No beekeeper may own or maintain an apiary within the Borough without
first obtaining and signing the beekeeper's permit in keeping with
the Pennsylvania Advisory Board's Voluntary Best Management Practices
for maintaining European Honey bee colonies in the Commonwealth of
Pennsylvania, and
c.
No beekeeper may own or maintain an apiary within the Borough without first obtaining a permit from the Borough Zoning Officer. An application for the permit shall be made in writing and upon such form or in such format as established by the Borough, and shall be accompanied by the prescribed permit fee in the amount established from time to time by resolution of Borough Council. The permit shall be effective for two years from the date of issuance. 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 from the property lines, and, if required, the location of any flyway barriers. The application shall also be accompanied by written evidence that the applicant has completed a certified beekeeping educational program. The issuance of a zoning permit shall not obviate the necessity for compliance with all other Borough ordinances, including, but not limited to Chapter 190 of the Rosslyn Farms Borough Code of Ordinances, "Zoning," or, if applicable, Chapter 77-3 of the Rosslyn Farms Code of Ordinance, "Code Enforcement", and
d.
Those who rent property in Rosslyn Farms may not own or maintain
an apiary on property that they are renting, and
e.
A hive that is unoccupied for one year must be removed.
1414-4
Maximum number of colonies. At no time shall the number of colonies
exceed 6 colonies on a lot owned by the beekeeper.
1414-5
Location of Hives.
a.
Hives shall not be located within 20 feet of any side or rear property
line.
b.
Hives shall not be located within a front yard.
c.
Hives shall not be located within 50 feet of any swimming pool or
any permanently kenneled animal.
d.
Hives, as defined and allowed under these regulations, may be located
in any zoning district.
e.
A hive may not be maintained or located on a vacant lot. The hive
shall only be maintained or located on a lot upon which a building
for which a valid building permit has been issued.
1414-6
Hive Orientation. Hive entrances shall face away from neighboring
property and in such a direction that bees fly across the beekeepers'
property at sufficient distance to gain a height of at least 6 feet
at the property line. The use of barriers may be employed to redirect
the bees' flight pathway and establish bee flight pathways above 6
feet. Should the flight path not be able to be obtained as described
above, then a "flyway barrier" shall be placed that is no higher than
6 feet in height, placed along the side of the hive(s) that contains
the entrance to the hive(s), shall be located within 5 feet of the
hive(s), and shall extend at least 2 feet on either side of the hive(s).
A 'flyway barrier" shall consist of a solid fence, dense vegetation,
dense hedge or combination thereof. Any flyway fence must comply with
the Rosslyn Farms Zoning Ordinances.
1414-7
Water. All beekeepers in the Borough shall ensure that a convenient
source of fresh water is available to the bees from April 1 through
November 1 each year and is located closer to the apiary than any
other water source.
1414-8
Best Management Practices. All beekeepers owning or maintaining an
apiary in the Borough shall practice those best management practices
as set forth in the Department.
1414-9
Maintenance. All beekeepers shall ensure that no bee comb or other
materials are left upon the ground of the apiary site. Upon removal
from the apiary, all such materials shall promptly be disposed of
in a sealed container or placed within a building or other bee-proof
enclosure.
1414-10
Inspection. The Borough, the Department and any apiary inspector
appointed by the Borough shall have free access, ingress, and egress
to and from any apiary, in which bees, wax, honey, hives, or appliances
may be kept or stored. No person shall deny any such access or hinder
or resist an inspection.
1414-11
Nuisance. It shall be unlawful for any beekeeper to keep any hive
in such a manner as to cause any unhealthy condition, interfere with
the normal use and enjoyment of human or animal life, or interfere
with the normal use and enjoyment of the properties surrounding the
property on which the bees are kept.
1414-12
Prohibitions. Africanized honeybees may not be kept on any property
in the Borough.
1414-13
Sale of Honey. The sale of honey must comply with State and Federal
laws and regulations.
1414-14
The Borough retains all enforcement rights with regard to the placement
and maintenance of the bee hives not otherwise pre-empted by the Pennsylvania
Bee law.
