A.
The following provisions shall apply to all nonconforming uses and
structures. It is the intention of The Borough that all legal nonconforming
uses and structures shall be able to continue; however, all changes
in such uses shall only be as in compliance in this article.
B.
Any nonconforming use may be changed to a use of the same or a more
restrictive classification (Such as a conversion from industrial use
to commercial use. Such conversion of a nonconforming use to another
nonconforming use shall be regarded as a conditional use. In considering
this conditional use, the Borough Council may add reasonable additional
conditions and safeguards.
C.
Any nonconforming structure or use which has been damaged or destroyed by fire, or any other means, may be reconstructed and used as before, if intent to rebuild is expressed within six months of discontinuance of use and if the restored building covers no greater area and contains no greater cubic content. If approved by the Borough Council, a reconstructed structure may exceed its original lot coverage and cubic content but must meet the minimum yard requirements of the district in which the structure is located. The process for reviewing such an expansion shall be consistent with that for land developments under Article IV of the PA Municipalities Planning Code and the Borough of Edgewood subdivision regulations.
D.
In the event that any nonconforming use voluntarily ceases, for whatever
reason, for a period of one year, such nonconforming use shall not
be resumed and any further use shall be in conformity with the provisions
of this chapter. A nonconforming use that is converted to a conforming
one may not revert to the previous nonconformity.
E.
With approval of the Zoning Officer, the nonconforming use of a portion
of a building may be extended throughout those parts of the building
which were manifestly arranged or designed for such use at the time
of adoption of this chapter.
F.
A nonconforming use or structure may, with the approval of Borough
Council, be extended, enlarged or replaced if such expansion does
not occupy an area greater than 50% more than the structure occupied
prior to such expansion, enlargement or reconstruction. Furthermore,
such structures must meet the minimum yard regulations and height
restrictions of the district in which the structure is located. The
expansion of a nonconforming use under this section shall be regarded
as a conditional use meeting § 401 and standards of this
subsection. In considering this conditional use, the Borough Council
may add reasonable additional conditions and safeguards. Conditional
use standards for change, conversion, or expansion of nonconforming
uses:
(1)
If the nonconforming use is a residential nonconformity, no expansion
will result in a greater number of dwelling units.
(2)
The nonconformity may not extend to any property beyond the original
lot, parcel or tract upon which it is located.
(3)
The Council may limit the hours of operation as a reasonable condition
and safeguard.
(4)
The expansion will not increase any unscreened outdoor storage area.
(5)
The Council may require screening to mitigate any effect upon surrounding
properties.
|
Nothing contained herein shall require any change in the overall
layout, plans, construction, size or designated use of any development,
building, structure or part thereof for which official approval and
required permits have been granted prior to the effective date of
this chapter.
|
G.
Whenever the boundaries of a district shall be changed so as to transfer
an area from one district to another of a different classification
or the allowed uses of any district change, this article shall also
apply to any uses which thereby become nonconforming.
H.
Expansion and construction of nonconforming single family dwellings.
In any district in which single family dwellings are permitted, notwithstanding
other limitation imposed upon such by other provision of this chapter,
a single family dwelling and permitted accessory uses may be erected
upon a lot of record. Likewise single family dwellings on lots of
record may be extended or expanded to an extent that encroaches on
the established side yards for the district, provided:
(1)
The applicant demonstrates to the Zoning Officer that the dwelling
and lot predate the zoning classification.
(2)
The applicant presents the Zoning Officer with a sketch of the proposed
extension or expansion that shows that all improvements are upon the
applicant's property.
(3)
The applicant does not own sufficient land on the lot or a separate abutting lot to expand and remain within the standards for the District as expressed in Article III.
(4)
In such cases, the alternative side or rear yard standard shall be
equal to the distance that the principle structure on the abutting
lot is from the applicant's property line. However, the alternative
standard shall not result in any improvement that places a dwelling
closer than four feet from the property line.
I.
Front yard averaging. Where a structure exists on an adjacent lot
and/or is within 150 feet of the proposed structure, and the existing
structure has a front yard less than the minimum depth required, the
minimum front yard shall be the average depth of the front yard of
the existing structure on the adjacent lot and the minimum depth required
for the district; where structures exist on both adjacent lots, the
minimum depth of the front yard shall be the average depth of the
front yards of the existing adjacent structures. However, this shall
not result in a setback of less than four feet.
Any lot of record/nonconforming lot existing at the effective
date of this chapter, and held in separate ownership different from
the ownership of adjoining lots, may be used for the erection of a
structure conforming to the use regulations of the district in which
it is located even though its lot area and width are less than the
minimum required by this chapter. If two or more contiguous lots,
combination of lots or portions of lots with continuous frontage are
in single ownership, and if all or part of the lots do not meet the
requirements established for lot width and/or area, the land involved
shall be considered an undivided parcel for the purpose of this chapter,
and no portion of said parcel shall be sold in a manner which diminishes
compliance with lot width and/or area requirements established by
this chapter, nor shall any division of any parcel be made which creates
a lot with width or area below the requirements stated in this chapter.
Where two or more adjoining lots of record with less than the required
area and width are held by one owner, on or before the date of enactment
of this chapter, the request for a zoning or construction permit shall
be referred to the Planning Commission. The Commission may require
re-platting to fewer lots, which would comply with the minimum requirements
of this chapter.
All accessory buildings or structures, whether attached to the
principal structure or not, and whether open or enclosed, including
porches, carports, balconies or platforms above normal grade level,
shall not project into any minimum front, side or rear yards except
as noted in this section.
A.
Handicap ramps may be constructed within two feet of any lot line.
B.
A private, noncommercial garage, accessory to a single family dwelling,
and not exceeding 900 square feet in size, may be erected within five
feet of any side or rear lot line. Height shall be no higher than
20 feet if used solely as a garage and no higher than 28 feet if used
as an accessory dwelling.
C.
A wall or fence under 49 inches in height and paved terraces without
walls, roofs or other enclosures may be erected within the limits
of any yard provided they do not impinge on the required free sight
triangle at intersections (see SALDO for requirements within site
triangles). Fences in residential districts may be erected to a maximum
height of six feet in a side or rear yard area only. Fences required
for public safety or screening by nonresidential uses are exempt from
height restrictions, but may not block a vehicular line of site for
any intersection or neighboring driveway.
D.
An at-grade masonry retaining wall may be erected within the limits
of any yard, and does not require a zoning permit. Such wall shall
not exceed one foot above grade.
E.
Swimming pools shall be permitted in side or rear yard areas, provided
that the pool is located not less than six feet from any lot line.
All swimming pools shall be enclosed by a permanent fence at least
four feet in height, or as required by the Uniform Construction Code.
Above-ground pools may use a combination of sides and screen to reach
the required height. If hot tubs are provided with a securable cover,
the permanent fence is not required.
F.
Small garden sheds, storage sheds and similar structures smaller
than 144 square feet may be permitted in yard areas, provided such
lies no closer than two feet to an abutting lot line. Height to be
no higher than 12 feet.
G.
Lighting. Lighting may be emplaced in setback areas, subject to the
following standards:
H.
Structures which are not buildings, such as bird feeders, garden
arbors and trellises, and lawn furniture may be erected within the
limits of any yard, and do not require a zoning permit, but shall
be at least two feet from a property line. Play sets and clotheslines
must be only in the rear yard or the side yard but behind the house
and shall be at least two feet from the property line.
I.
Horticulture may occur within the limits of any yard and does not
require a zoning permit.
J.
Attached accessory structures. When an accessory structure is attached
to the principal building, it shall comply in all respects with the
requirements of this chapter applicable to the principal building.
K.
Boarders. In any single family unit occupied by a family, a family
can have no more than one additional boarder who need not be related
by blood or marriage. Said boarder shall occupy a room for sleeping
purposes only and such room is not for eating or preparing of food.
The boarder exchanges money for the right to occupy a room and uses
this house as their legal address.
A.
Temporary trailers. Temporary trailers are only permitted during
construction of multifamily residential or nonresidential buildings
and may not be used for real estate sales purposes. Temporary construction
trailers placed in conjunction with construction work shall be permitted
only during the period that the construction work is in progress.
Permits for such temporary structures shall be issued for a six-month
period and may be renewed while construction is in progress. Temporary
structures are subject to all use and setback requirements.
B.
Portable storage units and portable roll-off dumpsters. These units
are intended for the temporary storage of household goods during moving
or remodeling. Units may not be placed within any public right-of-way
without a Borough permit. Units may remain in place for up to 30 days.
C.
Recreational vehicles and equipment.
(1)
Major recreational equipment as defined for purposes of these regulations,
includes travel trailers, pickup campers or coaches, motorized dwellings,
tent trailers, boats and boat trailers, and the like, and cases or
boxes used for transporting recreational equipment whether occupied
by such equipment or not may be parked or stored subject to the following
requirements:
(a)
Occupancy. No such equipment shall be used for living, sleeping
or housekeeping purposes.
(b)
Permanent parking and storage of camping and recreational equipment.
Permanent storage of such equipment shall be permitted in any zoning
district provided parking of the unit conforms to all applicable yard
setback requirements of the zoning district and is behind the building
structure.
(c)
Spacing. Major recreational equipment six feet or more in average
height above the ground shall be governed as to spacing with respect
to buildings on the lot as though it were a building. It must be stored
on an approved paved surface and tarped when in storage for more than
14 consecutive days.
(d)
Lot coverage. Major recreational equipment six feet or more
in average height shall be included on the same basis as buildings
for regulations of lot coverage by all buildings with area covered
computed on the basis of the largest horizontal area covered by such
equipment.
(e)
Derelicts. No major recreational equipment shall be stored out
of doors on residential premises unless it is in condition for safe
and effective performance of the function for which it is intended
or can be made so at a cost not exceeding the value of the equipment
in its existing state. In no case shall any such equipment be so stored
for a period of more than six months if not in condition for safe
and efficient performance of the function for which it is intended.
D.
Forestry.
(1)
Any harvesting shall be preceded by presenting an approved erosion
and sediment control plan prior to the issuance of a zoning permit,
as needed. The harvester shall also confer with the owner of any above
ground utilities on the property to ensure lines will not be damaged.
(2)
In all districts, to avoid traffic congestion and sound disturbance,
all activities must start after 8:00 a.m. and end by 6:00 p.m. during
the week. No Saturday or Sunday work shall be permitted.
(3)
No harvesting of timber shall be permitted within any setback area
except for necessary removal from storm damage, disease prevention,
utility protection, or pursuant to land development.
(4)
No harvesting shall be conducted within 75 feet of any overhead utility
pole or transmission line.
(5)
Road bonding for Borough streets shall be arranged prior to harvesting.
A.
Tents erected for community or family events, auctions or residential
yard and garage sales are exempt from this section provided that temporary
structures are removed within five days of erection. However, no such
exempt tent or truck shall block any vehicular line of site on a public
street.
B.
Retail tent sales. Sales of new retail goods within tents are only
permitted in the C-2 Zoning District. Where the proposed tent, truck
used for retail sales, or other temporary sales event will remain
in place for more than five days, a zoning certificate for a temporary
use must be obtained.
(1)
The applicant shall show the location of all temporary signs placed
in conjunction with the sale, and pay a deposit in an amount established
by the Borough fee resolution to ensure all signs are removed upon
conclusion of the sale.
(2)
If the property owner is not the sponsor of the sales event, the
applicant shall have written permission of the property owner.
(3)
No part of any operation shall be located within any required yard
or setback.
(4)
Mud and dust free parking shall be provided, adequate to the proposed
size and use of the tent, truck, or other temporary sales structure.
(5)
The event shall not impede or adversely affect vehicular or pedestrian
traffic sight distance, flow or parking maneuver. The driveway shall
be clearly delineated and if necessary, show any PennDOT approval
and/or adequate site distance.
(6)
Unless clearly accessory to another retail operation, the maximum
duration of any tent or other temporary retail sale shall be 14 calendar
days. No tent sale shall be held upon the same property for 30 days
after said event, unless conditional use approval as a flea market
is obtained.
(7)
The applicant shall have sufficient secure trash receptacles on site
for all waste generated by the retailer or anticipated customer use.
(8)
Any structure with a height in excess of 50 feet will be first referred to the Borough Fire Department for a review and comments relative to public safety considerations. Such comments shall be considered by the Borough as part of a land development application pursuant to the Subdivision and Land Development Ordinance [Chapter 180].
(9)
All signs, merchandise, equipment used in such sales, and all debris
and waste resulting from a temporary sale shall be removed from the
premises within three days of the termination date of the permit.
C.
Garage and yard sales. Garage sales are a permitted temporary accessory
use to residential dwellings, provided that no such sales shall exceed
three days in duration, and no more than 30 days of such sales occur
within any calendar year upon the premises.
D.
Mobile food vendors. Licensed commercial vehicles or licensed trailers selling food are exempt from this chapter provided they are making local deliveries, catering special events of less than twenty-four hour duration, or are operating in the P-1, C-1 or C-2 Zone Districts. All mobile food vendors must have written permission of the property owner. Mobile food vendors may not park in on-street parking spaces on arterial roads as defined in the SALDO, § 180-35B, street standards.
E.
Seasonal farmers' markets as a temporary use. Farmers'
markets are permitted on any lot within the P-1 or C-2 Zoning Districts
or as a temporary accessory to any lot having a place of worship and
assembly or public parks provided:
(1)
The market shall no operate more than one day per week during the
months of May, June, July, August, September and October.
(2)
Market hours shall not exceed eight hours in duration.
(3)
At least 90% of the vendors shall sell produce from an agricultural
operation as defined by the MPC or others persons selling food, live
plants, or cut flowers. No more than 10% of vendors may sell hot prepared
food for consumption or handcrafts actually produced by the vendor.
No used items or prepackaged nonfood items may be sold.
(4)
No outdoor amplified speakers or sound systems are permitted.
When the following conditions are met, height limits may be
increased:
A.
In the C-1, C-2, and P-1 Districts, structure height, in excess of
the height permitted above the average ground level allowed in any
district may be increased, provided all minimum front, side and rear
yard depths are increased by one foot for each additional foot of
height; however, such increase shall be limited to no more than 10
additional feet.
B.
The following structures are exempt from height regulations provided
they do not constitute a hazard: church spires, chimneys, flag poles,
and similar structures, standpipes, elevated water tanks, derricks
and similar structures, provided that no more than 25% of total the
roof area of the structure represents such an increase or protuberance.
C.
However, for the above structures, all yard and set-back requirements must be met; in addition any structure with a height in excess of 50 feet will be first referred to the Edgewood Borough Volunteer Fire Department for a review and comments relative to public safety considerations. Such comments shall be considered by the Borough as part of a land development application pursuant to the Subdivision and Land Development Ordinance [Chapter 180].
A.
Uniform standards for all uses. No use of land or structure in any
district shall involve, or cause, any condition or material that may
be dangerous, injurious, or noxious to any other property or person
in the Borough. Furthermore, every industrial or commercial use of
land or structure in any district must observe the following performance
requirements:
(1)
Fire protection. Fire protection and fighting equipment acceptable
to the Board of Fire Underwriters shall be readily available when
any activity involving the handling or storage of flammable or explosive
material is carried on.
(2)
Electric disturbance. No activity shall cause electrical disturbances
adversely affecting radio, television, cellular telecommunication,
or other communication in the neighboring area.
(3)
Noise. Noise which is determined to be objectionable because of volume
or frequency shall be muffled or otherwise controlled, except for
fire sirens and related apparatus used solely for public safety purposes.
Except for periodic maintenance activities and building construction,
no activity shall result in a noise level of greater than 90 dB at
the property line from the hours between sunrise and sunset, and 70
dB between the hours of sunset and sunrise.
(4)
Odors. In any district, no malodorous gas or matter shall be permitted
which is discernible on any other property.
(5)
Air pollution. No pollution of air by fly-ash, dust, vapors or other
substances shall be permitted which is harmful to health, animals,
vegetation or other property.
(6)
Glare. Exterior lighting fixtures shall comply with the following standards: applicants must also meet the specifications of the Edgewood Borough Outdoor Lighting Ordinance and any applicable lighting standards from the Borough's Subdivision and Land Development Ordinance [Chapter 180].
(a)
For lighting horizontal tasks such as private drives, sidewalks,
entrances and parking areas, full cutoff luminaires shall be used.
(b)
Luminaires shall be equipped with light directing and/or shielding
devices such as shields, visors, skirts or hoods to redirect offending
light distribution and/or reduce direct or reflective glare.
(c)
Glare control shall be accomplished primarily through the proper
selection and application of lighting equipment. Only after those
means have been exhausted shall vegetation, fences or similar methods
be considered acceptable for reducing glare.
(d)
Neither direct nor reflected light from any exterior lighting
fixture shall create a disabling glare that would be a potential traffic
hazard for motor vehicles on public roads.
(e)
No exterior lighting fixture shall have any blinking, flashing,
or fluttering lights or other illuminating devices which have a changing
light intensity, brightness, or color. Deliberately induced sky-reflected
glare, caused by the use of searchlights, beacon light or laser source
lights for advertising or entertainment purposes is prohibited.
(7)
Erosion. No erosion by wind or water shall be permitted which carry
objectionable substances onto other properties.
(8)
Water pollution. No permit shall be issued until all applicable wastewater,
stormwater or erosion/sedimentation control permits have been obtained.
(9)
Burning. To further protect property from noxious and malodorous
nuisances, and provide for protection of property from fire, outdoor
open burning of any paper, brush, refuse, or similar material is prohibited
in the all districts. This prohibition does not include outdoor commercial
or recreational barbeques.
(10)
Outdoor storage. No building materials such as wood, brick,
block, roofing or siding shall be stored outdoors for a period of
greater than six months after an occupancy permit has been issued
except in strict conformity to all of the following:
(a)
The building material covers a surface area of no greater than
32 square feet in surface area and three feet in height, and is located
behind the principal structure and at least 25 feet from a rear or
side property line.
(b)
The material is enclosed, screened by an opaque fence and stored
in a manner to prevent degradation of materials resulting in odors,
mold or rodent harborage.
B.
Screening and screen planting.
(1)
Fences utilized for screening shall be of permanent opaque construction,
such as wood or vinyl, and kept in repair and maintenance to ensure
their continued function. Unless permitted to be located on the property
line, the owner shall ensure a maintenance area of at least three
feet in width between any screen fence and a property line in P-1,
C-1 and C-2 Districts. The fence screening can be on the property
line in R-1A, R-1B, R-2 and T-1 Districts. The area outside the screen
fence shall be mowed grass or landscaped vegetation. The finish face
of the fence should be positioned to face outward.
(2)
If screen planting is used, it shall be comprised of an evergreen
hedge at least six feet high at time of planting, planted in such
a way that it will block a line of sight. The screening may consist
of either one or multiple rows of bushes or trees and shall be at
least four feet wide. It shall be the responsibility of the property
owner to maintain a screen planting, replacing trees as needed. The
Zoning Officer may require replacement of screening trees.
[Amended 3-16-2015 by Ord. No. 1050]
Household pets are accessory uses permitted with any dwelling,
and are limited to domesticated animals that normally or can generally
be kept within the immediate living quarters of a residential structure.
Any member of the swine, sheep, bovine, or quadrupeds, members of
the crocodilia or alligators, or reptiles having a venomous or constrictor
nature, does not constitute a household pet under any provision of
the chapter. Kennel structures, tie out chains, and fences for shelter
of household pets shall meet all setbacks for accessory buildings
and structures.
A.
Group residences. The Borough supports housing choice for persons with disabilities, and group residences that meet the definition under Article II shall be permitted by right in all districts where single family dwellings are permitted. However, it shall be the applicant's responsibility to ensure to the Borough that:
(1)
All applicable standards of the Pennsylvania Department of Public
Welfare and other licensing entities are met.
(2)
All standards of the Uniform Construction Code are met prior to occupancy.
(a)
The applicant shall certify that it will provide no group housing
on the site for persons who:
[1]
Have been adjudicated a juvenile delinquent.
[2]
Have a criminal record.
[3]
Have a legal status as a sex offender.
[4]
Are persons who currently use illegal drugs.
[5]
Are persons who have been convicted of the manufacture or sale
of illegal drugs.
[6]
Are persons with or without disabilities who present a direct
threat to the persons or property of others.
(3)
The Borough will make reasonable accommodation for the need of resident
caregivers and disabled persons in applying its definition of family,
but the applicant shall show that the number of persons and caregivers
proposed to reside in the group residence will be generally consistent
with the density of dwellings in the proposed zoning district.
C.
Solar and wind energy systems.
(1)
It is the purpose of this regulation to promote the safe, effective
and efficient use of installed solar energy systems that reduce on-site
consumption of utility-supplied energy while protecting the health,
safety and welfare of adjacent and surrounding land uses and lots
and parcels. This chapter seeks to:
(a)
Provide property owners and business owners/operators with flexibility
in satisfying their on-site energy needs.
(b)
Reduce overall energy demands within the community and to promote
energy efficiency.
(c)
Integrate alternative energy systems seamlessly into the community's
neighborhoods and landscapes without diminishing quality of life in
the neighborhoods.
(2)
Applicability.
(a)
This chapter applies to building-mounted and ground-mounted
systems installed and constructed after the effective date of the
chapter.
(b)
Solar PV systems constructed prior to the effective date of
this chapter are not required to meet the requirements of this chapter.
(c)
Any upgrade, modification or structural change that materially
alters the size or placement of an existing solar PV system shall
comply with the provisions of this article.
(3)
Permitted zoning districts.
(a)
Building-mounted and ground-mounted systems are permitted in
all zoning districts as an accessory use to any lawfully permitted
principal use or accessory use on the same lot or parcel upon issuance
of the proper permit pursuant to and upon compliance with all requirements
of this article and as elsewhere specified in this chapter.
(b)
Building-integrated systems, as defined by this chapter, are
not considered an accessory use and are not subject to the requirements
of this chapter.
(4)
Locations within a lot.
(a)
Building-mounted systems are permitted to face any rear, side
and front yard or an unregulated yard area as defined by this chapter.
Building-mounted systems may only be mounted on lawfully permitted
principal or accessory structures.
(b)
Ground-mounted systems are permitted based on the requirements
for accessory uses or structures in the property's zoning district.
(5)
Design and installation standards.
(a)
The solar PV system must be constructed to comply with the Pennsylvania
Uniform Construction Code (UCC), Act 45 of 1999, as amended, and any
regulations adopted by the Pennsylvania Department of Labor and industry
as they relate to the UCC, except where an applicable industry standard
has been approved by the Pennsylvania Department of Labor and Industry
under its regulatory authority.
(b)
All wiring must comply with the National Electrical Code, most
recent edition, as amended and adopted by the Commonwealth of Pennsylvania.
(c)
The solar PV system must be constructed to comply with the most
recent fire code as amended and adopted by the Commonwealth of Pennsylvania.
(6)
Setback requirements. Ground-mounted systems are subject to the accessory
use or structure setback requirements in the zoning district in which
the system is to be constructed. The required setbacks are measured
from the lot line to the nearest part of the system. No part of the
ground-mounted system shall extend into the required setbacks due
to a tracking system or other adjustment of solar PV related equipment
or parts.
(7)
Height restrictions.
(a)
Notwithstanding the height limitations of the zoning district:
[1]
For a building-mounted system installed on a sloped roof that
faces the front yard of a lot, the system must be installed at the
same angle as the roof on which it is installed with a maximum distance
measured perpendicular to the roof of 18 inches between the roof and
the highest edge of the system.
[2]
For a building-mounted system installed on a sloped roof, the
highest point of the system shall not exceed the highest point of
the roof to which it is attached.
(b)
Notwithstanding the height limitations of the zoning district:
(8)
Screening and visibility.
(a)
Building-mounted systems on a sloped roof shall not be required
to be screened.
(b)
Building-mounted systems mounted on a flat roof shall not be
visible from the public right-of-way within a fifty-foot radius of
the property, exclusive of an alley as defined by this chapter, at
a level of five feet from the ground in a similar manner as to any
other rooftop HVAC or mechanical equipment. This can be accomplished
with architectural screening such as a building parapet or by setting
the system back from the roof edge in such a manner that the solar
PV system is not visible form the public right-of-way within a fifty-foot
radius at a level of five feet from the ground.
(9)
Impervious lot coverage restrictions. The surface area of any ground-mounted
system, regardless of the mounted angle of any portion of the system,
is considered impervious surface and shall be calculated as part of
the lot coverage limitations for the zoning district. If the ground-mounted
system is mounted above existing impervious surface, it shall not
be calculated as part of the lot coverage limitations for the zoning
district.
(10)
Nonconformance.
(a)
Building-mounted systems.
[1]
If a building-mounted system is to be installed on any building
or structure that is a nonconforming because its height violates the
height restrictions of the zoning district in which it is located,
the building-mounted system may be granted an administrative approval
by the Zoning Officer so long as the building-mounted system does
not extend above the peak or highest point of the roof to which it
is mounted.
[2]
If a building-mounted system is to be installed on a building
or structure on a non-conforming lot that does not meet the minimum
setbacks required and/or exceeds the lot coverage limits for the zoning
district in which it is located, a building-mounted system may be
granted administrative approval by the Zoning Officer so long as there
is no expansion of any setback or lot coverage nonconformity.
[3]
Ground-mounted systems. If a ground-mounted system is to be
installed on a lot that is a nonconforming because the required minimum
setbacks are exceeded, the proposed system may be granted an administrative
approval by the Zoning Officer so long as the proposed installation
does not increase the setback non-conformance of the lot. If a ground-mounted
system is to be installed on a lot that is non-conforming because
it violates any other district requirements not mentioned herein,
a variance must be obtained for the proposed installation.
(11)
Signage or graphic content. No signage or graphic content may
be displayed on the solar PV system except the manufacturer's
badge, safety information and equipment specification information.
Said information shall be depicted within an area no more than 36
square inches in size.
(12)
Performance requirements. All solar PV systems are subject to
compliance with applicable performance standards detailed elsewhere
in this article of this chapter.
(13)
Vacation, abandonment and/or decommissioning.
(a)
Discontinuation and/or abandonment is presumed when a solar
PV system has been disconnected from the net metering grid for a period
of six continuous months without being connected to a battery system
or has not produced electricity for a period of six months. The burden
of proof in the presumption of discontinuation/abandonment shall be
upon the Municipality.
(b)
A solar PV system including its solar PV related equipment must
be removed within 12 months of the date of discontinuation and/or
abandonment or upon termination of the useful life of the solar PV
system.
(c)
For ground-mounted and building-mounted systems, removal includes
removal of all structural and electrical parts of the ground or building-mounted
system and any associated facilities or equipment and removal of all
net metering equipment.
(d)
If an owner fails to remove or repair the vacated, abandoned
or decommissioned solar PV system within six months, the Borough reserves
the right to enter the property, remove the system and charge the
landowner and/or facility owner and operator for all costs and expenses
including reasonable attorney's fees or pursue other legal action
to have the system removed at the owner's expense.
(e)
Any unpaid costs resulting from the Borough's removal of
a vacated, abandoned or decommissioned solar PV system shall constitute
a lien upon the lot against which the costs were charged. Each such
lien may be continued, recorded and released in the manner provided
by the general statues for continuing, recording and releasing the
property tax liens.
(14)
Permit requirements. Before any construction or installation
on any solar PV system shall commence, the applicant shall obtain
a permit to document compliance with this chapter as issued by the
Borough.
(15)
Wind Energy Conversion Systems (WECS) include any device such
as a wind charger, wind turbine or windmill that is designed to convert
wind power into another form of energy such as electricity or heat.
They are permitted as an accessory to another use when all the following
standards are met. WECS by more than three turbines or structures
on any property shall be regarded as an industrial use. WECS shall
be permitted in accordance with the following requirements:
(a)
In order to insure safety to adjoining properties, all WECS
shall require a special operating permit issued by the Zoning Officer
after his review of proposed construction plans and operational data
relative to the proposed WECS.
(b)
Construction plans shall be prepared by a registered engineer
showing the location of the proposed tower and related equipment for
the WECS; the type of materials used to construct the tower or pole
on which the WECS will be mounted, all manufacturer's data relative
to the complete operational characteristics of the WECS, including,
but not limited to, safety and performance standards and/or characteristics,
noise characteristics, etc.
(c)
All WECS towers or poles shall be set back a minimum distance
of 1.25 times the total height of the tower or pole and all equipment
mounted thereon from all adjacent property lines. The total height
shall include the height of any structure that a tower or pole is
mounted on if it is not mounted directly at ground level.
(d)
All WECS towers or poles shall be enclosed by a six foot fence
with a lockable entry, or the climbing apparatus for the tower or
pole shall stop 12 feet above the ground level.
(e)
WECS operations shall not cause interference to television or
radio reception on neighboring properties. The Borough reserves the
right to suspend and/or rescind the special operating permit if such
interference becomes evident and is a nuisance to neighboring property
owners.
(f)
WECS operations shall not cause unreasonable noise that would
be objectionable to and detract from adjacent properties. The Borough
reserves the right to suspend and/or rescind the special operating
permits if, in its opinion, the noise characteristics and/or levels
generated by a particular WECS are unreasonably loud and pose an undesirable
nuisance to neighboring properties.
(g)
WECS operations shall not constitute an undue safety hazard
to neighboring properties due to repeated failure and/or breakage
of the rotor blade(s). If in the opinion of the Borough such a safety
hazard and/or nuisance exist, they reserve the right to suspend and/or
rescind the special operating permit until the safety hazard(s) have
been corrected to the satisfaction of the Borough.
