Borough of Aspinwall, PA SUPPLEMENTAL REGULATIONS

[Ord. 775, 6/15/1983, § 140-401]

The regulations contained in this Part are intended to apply to all zoning districts, uses, structures or lots except as otherwise provided in this chapter.

§ 27-402 General Provisions and Exceptions.

[Ord. 775, 6/15/1983, § 140-402; as amended by Ord. 806, 6/11/1986; by Ord. 985, 6/12/2002, § 1; and by Ord. 995, 12/10/2003]

Pending Building Permits.

Nothing in this chapter shall require any change in construction or use of any structure for which a building permit was lawfully issued prior to the effective date of this chapter, or any amendment thereto; provided, that construction has begun or a contract or contracts have been let pursuant to the permit issued prior to the effective date of this chapter.

However, any building permit which was issued 30 days prior to the adoption of this chapter shall be declared void at the time of adoption of this chapter, if the structure or use does not conform to the provisions of this chapter and if no substantial construction has begun or contract(s) let.

Principal Building. In any AR-1, AR-2 or AR-3 Districts, there shall be only one principal building on each zoning lot.

Mixed Uses. Land, buildings and structures shall be designed and used only for authorized uses within respective zoning districts.

Dwelling in a Basement. No dwelling unit or units shall be contained in a basement or cellar.

Trash and Garbage Disposal Storage. In all AR-4, AR-S, AC-1, AC-2, AI-1, A-CD Districts, exterior trash or garbage storage shall be screened from a public street or adjacent property by a solid screen not less than six feet in height, unless otherwise stated in this chapter.

Floodplain Districts. The floodplain districts (including floodway and flood fringe areas), as established by the Borough's Floodplain Ordinance (Chapter 8 of this Code), shall be an overlay to the underlying zoning districts shown on the Official Zoning Map. The provisions for a floodplain district shall supplement the underlying district provisions contained in this chapter. No zoning use or occupancy permit shall be issued to any use or structure unless the required floodplain building permit has been obtained.

Stormwater Management. Any landowner and any person engaged in the alteration or development of land which may affect stormwater runoff characteristics shall implement such measures as are reasonably necessary to prevent injury to health, safety or other property. Such measures shall include such actions as are required:

To assure that the maximum rate of stormwater runoff is no greater after development than prior to development activities.

To manage the quantity, velocity and direction of resulting stormwater runoff in a manner which otherwise adequately protects health and property from possible injury.

If the development site is located within a watershed for which a stormwater management plan has been adopted in accordance with the Pennsylvania Stormwater Management Act (167 of 1978), then any proposed stormwater control measures shall be consistent with the watershed plan. The control measures for an individual development or site shall be approved by the Borough Engineer. All calculations of pre- and post-development stormwater runoff and storage requirements shall be done using the U.S. Soil Conservation Service Soil Cover Complex Method or other method approved by the Borough Engineer.

§ 27-403 General Height Provisions and Exceptions.

[Ord. 775, 6/15/1983, § 140-403]

Measurement of Height. The authorized height of buildings shall be measured in accordance with the definition of "height, maximum" in this chapter.

Height Exceptions. Chimneys, flues, smoke stacks, fire escapes, gas holders, elevator enclosures, ventilators, skylights, water tanks and similar rooftop structures required to operate the building, as well as flagpoles, television aerials, water towers and tanks, church spires and towers, electric transmission towers may exceed the maximum height standard. No such object shall exceed a height of 75 feet, and the required side yards shall be increased one foot for each five feet such object exceeds 45 feet.

§ 27-404 General Lot Area Provisions and Exceptions.

[Ord. 775, 6/15/1983, § 140-404; as amended by Ord. 825, 8/12/1987, § 404.4; and by Ord. 938, 10/14/1998, § 5]

Lot Area. Any lot together with the required yards and open areas on it shall be equal to or exceed the minimum lot area established for the zoning district in which the lot is located.

Required Lot Area.

A portion of a lot once designated as a yard, or a lot area, or portion thereof, used in calculating the number of dwelling units permitted on that lot shall not be used again as a factor in determining the required area for another lot or building, nor shall it be sold as a lot or parcel thereof, separate from the lot of which it is a part.

Any portion of a lot which is recorded or otherwise reserved for future street purposes shall not be used as a factor in determining lot area per dwelling unit or yard dimensions.

Front Yard Exception.

In AR-1, AR-2, AR-3 or AR-4 districts, the front yard setback of a single or two family structure may be reduced to the average of the front yards of the two abutting structures, where the lot is situated between two lots on which the principal structures have maintained a lesser setback since the enactment of this chapter.

Where the lot adjoins only one lot having a main building that projects beyond the established front yard line, then the front yard on such lot may be the average of the front yard of the existing building and the established front yard line.

Unenclosed Porches.

In any residential district, an unenclosed porch may be erected in a required front yard; provided, it does not extend more than 10 feet into a required yard and does not exceed 14 feet or one story in height. An unenclosed porch may also be erected in a required side or rear yard, provided it does not extend more than 14 feet into a required yard and does not exceed 14 feet or one story in height.

An unenclosed front porch may be partially enclosed, provided it maintains a ratio of 60% open area to 40% closed area and is not designed to serve as a year-round living area. The open area may include louver windows.

An unenclosed rear porch may be enclosed for year-round living use.

Projections Into a Permitted Yard. A buttress, chimney, cornice, pier or pilaster, not projecting more than 18 inches from the wall of a building, as well as unenclosed fire escapes, may project into a required yard.

Regulations Governing Communications Antenna and Communications Equipment Buildings.

A building-mounted communications antenna shall not be located on any single-family dwelling or two family dwelling.

A building-mounted communications antenna shall be permitted to exceed the height limitations of the applicable zoning district by no more than 20 feet.

An omnidirectional or whip communications antenna shall not exceed 20 feet in height and seven inches in diameter.

A directional or panel communications antenna shall not exceed five feet in height and three feet in width.

Any applicant proposing a communications antenna to be mounted on a building or the structure shall submit evidence from a Pennsylvania registered professional engineer certifying that the proposed installation will not exceed the structural capacity of the building or other structure, considering wind and the loads associated with the antenna location.

Any applicant proposing a communications antenna to be mounted on a building or other structure shall submit detailed construction and elevation drawings indicating how the antenna will be mounted on the building or structure for review by the Borough Engineer for compliance with Chapter 5 of the Aspinwall Borough Code, Building Construction, and other applicable laws.

Any applicant proposing a communications antenna to be mounted on a building or other structure shall submit evidence of agreements and/or easements necessary to provide access to the building or structure on which the antenna is to be mounted so that installation and maintenance of the antenna and any communications equipment building can be accomplished.

A communications antenna shall comply with all applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation.

A communications antenna shall not cause radio frequency interference with communications facilities located in the Borough.

Any communications equipment building where the building footprint is equal to or less than 100 square feet shall be subject to the height and setback requirements of the applicable zoning district for an accessory structure. Any communications equipment building where the building footprint is greater than 100 square feet shall be subject to the height and setback requirements of the applicable zoning district for a principal building or structure.

The owner or operator of any communications antenna shall be licensed by the Federal Communications Commission to operate such antenna.

§ 27-405 Front Building Line Setbacks.

[Ord. 775, 6/15/1983, § 140-405]

In AR-1, AR-2 and AR-3 districts, front building line setbacks, or minimum front yards, shall be established by street location. Building line setbacks shall be measured from the street right-of-way line. In other districts, the front building lines shall conform to the applicable provisions of Part 3.

AR-1 Districts.

	Street	Setback (feet)
	Seventh Street, northern side	20
	Eighth Street, northern side	14
	Ninth Street	18
	Tenth Street	18
	Eleventh Street	18
	Twelfth Street	18
	Guyasuta Road, northern side	25
	Guyasuta Road, southern side from Guyasuta Lane to easterly Borough boundary	20
	Knollwood Drive	25
	Guyasuta Lane, eastern side	10
	Center Avenue, eastern side from Route 28 to Guyasuta Road	20
	Center Avenue, western side from Route 28 to Eleventh Street	20
	Center Avenue, western side, Eleventh to Twelfth Streets	12

AR-2 Districts.

[Amended by Ord. No. 1082, 12/9/2020]

	Street	Setback (feet)
	Delafield, Lexington, Virginia, Emerson Avenues, from southerly zoning district boundary to Fourth Street	25
	Emerson Avenue, western side, from Fourth to Sixth Streets	25
	Brilliant Avenue, eastern side, from zoning district boundary to Sixth Street	25
	Brilliant Avenue, from Third to Sixth Streets	25
	Maple Avenue, eastern side	25
	Maple Avenue, western side, from Third to Fourth Streets	10
	Maple Avenue, western side, from Fourth to Sixth Streets	15
	Eastern Avenue, eastern side, from Third to Sixth Streets	20
	Second Street, from Brilliant to Delafield	15
	Fourth Street, northern side, from Eastern to Emerson Avenues	15
	Fourth Street, southern side, from Eastern Avenue to Delafield Road	10
	Sixth Street, from Brilliant to Emerson Avenue	10

AR-3 Districts.

[Amended by Ord. No. 1082, 12/9/2020]

	Street	Setback (feet)
	Brilliant Avenue, western side, Alley "B" to Third Street	25
	Eastern Avenue, from First to Sixth Streets	20
	Center Avenue, from First to Sixth Streets	20
	Western Avenue, from Alley "A" to Sixth Street	20
	First Street, from westerly Borough boundary to eastern zoning district boundary (includes only northern side of First Street between Eastern and Center Avenues)	15
	Second Street, from westerly Borough boundary to Brilliant Avenue	15
	Third Street, from Field to Eastern Avenue	15
	Fourth Street, northern side, from Field to Eastern Avenue	15
	Fourth Street, southern side, from Field to Eastern Avenue	10
	Fifth Street, northern side	15
	Fifth Street, southern side	10
	Sixth Street, from Center to Brilliant Avenue	10

§ 27-406 Accessory Uses.

[Ord. 775, 6/15/1983, § 140-406]

Permitted Accessory Uses. A permitted accessory use must comply with the definition of "accessory use" contained in Part 2 of this chapter. Examples of permitted uses are:

Garage, carport, shed or building for domestic storage, or storage of a boat, trailer or camper.

Child's playhouse, garden house, gazebo and private greenhouse.

Private residential swimming pool or private recreational facility.

Civil defense shelter for not more than two families.

Storage of merchandise normally carried in stock on the same lot with a permitted retail, service or business use, unless such storage is excluded by the district regulations.

Storage of goods used in or produced by manufacturing activities, on the same lot or parcel of ground with such activities unless such storage is excluded by the district regulations.

Off-street motor vehicle parking areas, and loading and unloading facilities.

Signs where permitted by this chapter.

Employee restaurants and cafeterias when located in a permitted business or manufacturing building.

Building-mounted and ground-mounted solar panels in accordance with § 27-419 of this chapter.

[Added by Ord. 1060, 6/11/2014]

Prohibited Accessory Uses.

Outdoor storage or overnight parking of trucks or buses, campers, boats and trailers or other recreational vehicles, construction vehicles or equipment, except as permitted by the provisions of Chapter 15 of this Code.

Outdoor storage, except as specifically permitted by the district regulations (Part 3).

Location of Accessory Uses. Unless otherwise stipulated by this chapter, the following standards shall apply:

Residential Districts (AR-1, -2, -3, -4, AR-S).

(1)

Front Yard. Accessory uses, with the exception of permitted signs, shall not be located in the required front yard of any zoning lot.

(2)

Side and Rear Yards. Accessory uses are permitted; provided, they are no closer than 2 1/2 feet of any lot line and complies with the requirements of Subsection 3C below. On a corner lot, an accessory use, located in a side or rear yard, must maintain the same setback from the street right-of-way line as the principal structure.

Commercial, Industrial and Conservation Districts. (AC-1, -2, AI-1, A-CD).

(1)

Front Yard. In addition to permitted signs, which are in compliance with this chapter, off-street parking areas are permitted in a required front yard. The parking area must maintain a minimum three foot, landscaped setback from the street right-of-way or sidewalk line, and it shall comply with the applicable screening provisions of § 27-409 of this chapter.

(2)

Side and Rear Yards. Accessory uses are permitted. If the yard abuts a residential district, the accessory use must maintain a minimum three foot setback, screened in accordance with § 27-407 of this chapter.

No part of any accessory structure shall be located closer than 10 feet to any principal structure, unless it is attached to or forms a part of such principal structure. No accessory structure shall be located closer than three feet to another accessory structure on an abutting property.

Accessory structures and uses shall otherwise comply with the bulk regulations applicable in the district in which they are located.

Use Limitations.

All accessory structures and uses shall comply with the use limitations applicable in the zoning district in which they are located.

No accessory structure shall be constructed and occupied on any lot prior to the time of the completion of the construction of the principal structure to which it is accessory.

Permit and Maintenance Requirements.

A zoning permit must be obtained from the Borough Zoning Officer for any new, expanded or altered accessory use or structure. The owner is responsible for maintaining the accessory use/structure in safe condition in accordance with all applicable regulations.

If the Zoning Officer finds that an accessory structure is not being used for its intended purpose or not being maintained, the Zoning Officer shall give written notice to the owner to repair or remove it within 15 days from the receipt of the notice. In the event the owner fails to comply with the Zoning Officer's written notice, the owner shall be considered in violation of this chapter and subject to all of the penalties contained herein.

§ 27-407 Fencing and Screening, Retaining Walls.

[Ord. 775, 6/15/1983, § 140-407]

Unless otherwise stipulated, the following standards shall apply:

Placement, Materials, Height.

(1)

Fences, walls (other than retaining) or screens may be erected only in a side or rear yard, and within lot boundaries, in any zoning district.

(2)

A retaining wall will be erected along any property line where it is required to prevent a landslide or other hazardous conditions.

(3)

A fence or screen cannot be erected in a public or dedicated right-of-way.

(4)

Solid fences may only be erected in rear yards to enclose a pool, patio or similar area for privacy and security.

(5)

Fences, walls or screens shall not exceed 78 inches in height, as measured from the ground level at the base of the structure, except that in a side yard on a corner lot, a fence, wall or screen shall be limited only to open fences with a maximum height of 48 inches.

[Amended by Ord. No. 1082, 12/9/2020]

(6)

The location and height of a security fence for a school, park or other public facility/use shall be established by the Planning Commission.

Performance Standards for Fences, Walls and Screens.

(1)

In any district, trees, shrubs and other planting are permitted in any front yard provided they do not block a clear view or vision for vehicular traffic.

(2)

Authorized fences and screens whether publicly or privately owned, shall not obstruct the clear sight distances at street intersections. A "clear sight triangle" shall be maintained including the entire triangular area as measured 75 feet from the intersection center line of street (or driveway) intersection.

(3)

Fences shall not contain barbs or similar types of injurious hazards, unless specifically approved by the Planning Commission for security reasons.

Screening, Fencing for Commercial, Industrial Uses. Wherever this chapter requires screening of a commercial or industrial use, or portion thereof, the following standards shall apply:

(1)

A planted screen shall be of sufficient density and type of planting material to provide a year-round visual barrier, within two growing seasons of planting. The minimum height shall be five feet, but the Planning Commission may require additional height where it is necessary to achieve adequate visual screening of the use.

(2)

Walls, fences or other visual screens may be used in accordance with the provisions of § 27-407 of this chapter.

(3)

Screening of off-street parking and loading areas shall be in accordance with § 27-409 of this chapter.

(4)

The property or business owner shall be responsible for the continuing maintenance of any planted screen, fence or wall.

(5)

Water towers, storage tanks, processing equipment, fans, cooling towers, vents and any other structures or equipment that rise above the roof line, other than a radio or television antenna, shall be effectively shielded from view of any public or private street by an architecturally sound method.

Permit and Maintenance Requirements.

(1)

A zoning permit must be obtained from the Zoning Officer for the erection of any fence, wall or screen.

(2)

If a fence, wall or screen is not maintained in a safe condition and in accordance with Borough regulations, the Zoning Officer shall give written notice to owner to repair or remove the fence within 15 days of receipt of the notice. In the event the owner fails to comply with the order, the owner shall be considered in violation of this chapter and subject to the penalties contained herein.

(3)

If a fence, wall or screen is destroyed or deteriorates beyond 50% of its total linear displacement, then it must be removed within 15 days of receipt of written notice from the Zoning Officer.

§ 27-408 Signs.

[Ord. 775, 6/15/1983, § 140-408; as amended by Ord. 980, 8/8/2001; § 140-408; by Ord. 985, 6/12/2002, § 2; by Ord. 988, 11/13/2002, § 8; by Ord. 995, 12/10/2003; by Ord. 1001, 10/13/2004, § 5; by Ord. 1013, 9/13/2006, §§ 1-3; and by Ord. 1040, 5/12/2010, § 2]

Application. No sign shall be erected, altered, painted, relocated, remodeled, expanded or maintained in any manner that is inconsistent with the provisions of this chapter and all other applicable Borough ordinances. A zoning permit must be obtained from the Zoning Officer prior to the erection or alteration of any sign. The Planning Commission shall review and approve all sign applications, except temporary sign applications, prior to issuance of the necessary zoning permit. The Zoning Officer shall review and approve all temporary sign applications.

Permitted Signs, Size and Placement Requirements.

The following signs are permitted in all zoning districts:

(1)

Nameplates or identification signs not exceeding one square foot and attached to a wall of the structure, which may indicate the occupants of the structure, or in the case of a multiple-occupancy structure, the name of the management agency.

(2)

Real estate signs not exceeding 12 square feet, advertising the premises for sale or lease, which are to be removed within 20 days of the sale or lease of the premises, or when the last unit of a multi-unit development is sold or leased.

(3)

Construction signs advertising the development or improvement of a property by a builder, contractor or similar person provided that not more than one such sign shall be permitted for a development or property. The sign shall not exceed 12 square feet, and it shall be removed within 15 days of the completion of work.

In AR-1, -2, -3, -4, AR-S Districts, a multifamily development, any authorized conditional use, or a planned residential development may have one principal identification sign subject to the following:

(1)

The sign shall not exceed 12 square feet in surface area.

(2)

The sign may be either attached to a building or free-standing.

(3)

If free-standing, the height shall not exceed six feet, as measured from ground level at the base of the sign, and the sign shall be set back at least five feet from the street right-of-way line and 10 feet from a side lot line.

(4)

A free-standing sign may be single or double face, but no face may exceed the maximum size limitation.

In AC-1 and A-CD Districts, business identification signs are permitted for any lawful commercial or industrial establishment, which announce the services or products sold on the premises, subject to the following:

(1)

Number and Size. Two signs shall be permitted for each business establishment indicating the services or products sold on the premises. The aggregate sign area shall not exceed 40% of the signable wall area, as defined by this chapter.

(2)

Type. The principal identification signs may include one awning or one canopy sign and one of the following types: (a) a wall sign attached to a main building; or (b) permanent window based sign.

(3)

Wall Signs. If attached to the structure, it shall be attached to a front or side wall of the building, parallel to the facade of the building, and not projecting more than 12 inches from the wall. For a one-story building, wall signs shall be placed in the wall area between the lintel bar(s) of the doors and windows and the parapet. For a multi-story building, wall signs shall be placed in one of the following locations: (a) in the wall area between the lintel bar(s) and the floor level of the floor above; or (b) in the wall area between the lintel bar(s) of the top floor and the parapet. Such sign shall be erected so that all portions of the sign are at least nine feet above grade at the entrance to the establishment. No sign shall be painted directly on the surface of the wall.

Provided, however, if the location of a porch roof on an existing structure prevents the wall sign from being placed in accordance with the above requirements, then the wall sign shall be attached to the front first floor wall of the building so that no portion of the sign is located above the height of the door frame on that wall of the building.

(4)

Awning, Canopy Sign. Where an awning or canopy sign is used, only individual cut-out letters and/or symbols may be attached to, painted, stenciled or otherwise placed on the awning or canopy. An awning or canopy shall not extend into any public right-of-way.

(5)

Permanent Window Based Signs. A permanent window-based sign shall only include the following types of signs: (1) window graphics permanently applied to the glass surface of a window; or (2) a sign permanently mounted inside the building and visible from and through the outside of the window (i.e. neon window sign). A permanent window-based sign shall not exceed the sign area stated in Subsection 2C(1), above, nor more than 30% of the total window area.

(6)

Double Frontage. Where a business establishment fronts on more than one public street, it may locate two signs, one of which shall be an awning or canopy sign, on each street frontage; each public street frontage shall be considered a separate signable wall area for the purpose of this chapter and shall comply with the size and type limitations in Subsections 2C(1) and (2), above. The permissible sign size for one frontage shall not be combined with that for another frontage for the purpose of placing the combined sign area on one frontage.

(7)

Multiple Occupancy Buildings.

(a)

Where several businesses occupy a building, each business shall be entitled to a share of the building's allowable sign area, based on signable wall area, which share shall be equal to the proportionate amount of the floor area that the business leases to total leasable floor area of the building.

(b)

Businesses that occupy upper floors or basement areas may also post a permanent window-based sign which shall be of a type referenced in Subsection 2C(5) above but shall not exceed six square feet in area.

(c)

Nameplates, not exceeding five square feet in area, identifying building occupants may also be attached to a wall of the structure adjacent to the principal entrance or permanently painted or applied to a window in the door of the structure.

(d)

It shall be the responsibility of the owner or management agent of a multiple occupancy building to provide all occupants with suitable sign space that is consistent with the provisions of this chapter. The failure of the owner/agent to do so shall not constitute a basis for granting a variance to any sign requirements.

(8)

Incidental, Temporary Window Signs. Incidental signs which announce brand name products sold on the premises, credit cards accepted, official notices required by law, or trade affiliations or temporary signs announcing special business promotional activities are permitted to be displayed in store windows; provided, that at any one time they do not exceed 30% of the establishment's total window area including any permanent window-based signs.

In AC-2 and AI-1 Districts, any business identification sign authorized in AC-1 Districts shall be permitted. In addition to one of the signs allowed by § 27-408, Subsection 2C(2), a business in this district may have one free-standing sign subject to the following requirements:

(1)

The business fronts on a public street; the principal structure or building is set back at least 30 feet from the street right-of-way; and, the zoning lot has a frontage of 100 feet or more.

(2)

A free-standing sign shall be set back a minimum of 15 feet from the street right-of-way and at least 10 feet from any side lot line. No free-standing sign shall be closer than 100 feet to any other free-standing sign that is six square feet or more in size.

(3)

A free-standing sign shall not exceed 30 square feet in area and 12 feet in height, as measured from ground level at the base of, or below, the sign to the highest element of the sign.

(4)

A free-standing sign shall not obstruct the required clear sight distance at any street or driveway intersection.

Billboards, or outdoor advertising signs, which are not related to the use of the property on which they are located, shall be permitted only in AI-1 Districts. Only one such sign shall be permitted per property or lot, and it shall not exceed 40 square feet in area and shall comply with the setback and height standards for AI-1 Districts. No billboard shall be placed so as to face a lot on the same street on which a church, public use or building, park, playground, scenic area, or river frontage is located.

Additional Sign Requirements: The following requirements shall apply to all signs in all zoning districts:

Rotating free-standing signs, swinging signs or signs projecting over a right-of-way are prohibited. Banners, pennants, search lights, twirling signs, sandwich board signs, sidewalk or curb signs, balloons or other gas-figures shall not be used on a permanent basis. Flags are prohibited, except as provided for in § 27-408, Subsection 5.

Signs that are animated or have flashing illumination are prohibited in all districts.

Signs may be illuminated internally, indirectly, by floodlights, or by neon tube illumination. Illuminated signs shall be designed and placed so as not to interfere with, distract, confuse or blind operators of motor vehicles. Floodlighting shall be placed so that it is not visible from any point off the lot and only the sign is directly illuminated.

No sign shall be attached to any tree or utility pole on public or private property, except as permitted by Subsection 6.

No sign shall be erected upon or applied to any roof or project above the cornice line of a flat roof or above the gutter line of a sloped roof building. No sign shall project beyond any property line and/or be located within a road right-of-way except as permitted by Subsection 6.

No free-standing sign shall obstruct safe, clear sight distance at any street or driveway intersection. No free-standing sign shall have more than two faces: sign areas stated in this chapter shall be the maximum for one face. All free-standing signs shall be set permanently in concrete to a depth of at least three feet.

Every authorized sign must be constructed of durable materials in conformance with the Borough Building Code (Chapter 5) and must be maintained in good condition and repair, including the replacement of defective parts, painting, repainting, cleaning and maintenance of structural supports.

If any sign becomes dilapidated to the point that it constitutes an unsightly or hazardous condition, then the Zoning Officer shall order it repaired or removed within 15 days. In the event the owner fails to comply with the order, the owner shall be considered in violation of this chapter and subject to the penalties contained herein. This violation shall be in addition to any imposed by the Borough Building Code.

If a use ceases for a period of six months, all signs for that use, including any supporting structures, must be removed. If the signs are not removed, the Zoning Officer shall notify the building owner who shall have 15 days from date of notification to remove the signs. In the event the owner fails to comply with the order, the owner shall be considered in violation of this chapter and subject to the penalties contained herein.

Temporary Signs. Temporary outdoor signs advertising special business promotional activities, business openings or closings, temporary activities such as a church carnival or a street fair or festival are permitted, provided:

The temporary sign receives a permit from the Zoning Officer; the period of the permit shall not exceed 30 days and the sign shall be removed immediately upon the expiration of the permit. Another permit for a temporary sign for the same use or zoning lot shall not be issued within 60 days of the expiration date of the first permit.

The sign is only located on the premises where the special activity is taking place, and only one such sign shall be permitted for the premises.

The sign does not exceed 12 square feet on any one face.

The sign is not animated or flashing, and any illumination for the sign does not create an unsafe condition for motorists or glare on surrounding properties.

Exemptions to Sign Requirements. The following signs shall be exempt from the requirements of this section:

Flags or emblems of a government, political, civic, philanthropic, educational or religious organization displayed on private property.

Signs placed by a governmental body, including traffic or directional devices, legal notices and warning, instructional or regulatory signs.

Address numerals and other signs required to be maintained by law or governmental regulation; provided, that the content and size of the sign does not exceed the requirements of such law or regulation.

Small directional signs, not exceeding five square feet in area, displayed on private property for the convenience of the public, including signs to identify entrance and exit drives, parking areas, one-way drives, rest rooms, freight entrances and the like.

Banner Signs. Banner signs advertising community events and/or commemorative activities are permitted to be attached to utility poles within the Borough road right-of-way for Brilliant Avenue between the intersections with Freeport Road and Fourth Street subject to the following requirements, regulations and restrictions:

Type. The banner signs shall be constructed of weather-resistant material such as cloth or plastic. The banner signs shall not be digital, animated, flashing or illuminated.

Number. No more than one banner sign shall be attached to a utility pole at any one time. In order to provide a uniform banner scheme along Brilliant Avenue, the applicant shall provide banners at a minimum of nine utility pole locations along Brilliant Avenue between the intersections with Freeport Road and Fourth Street.

Size. A banner sign shall not exceed six square feet in surface area. The length of a banner sign shall not exceed two feet and the width of the banner sign shall not exceed three feet.

Height. The banner sign shall be located on the utility pole so that the bottom of the banner sign and any related bracket or arm is at least seven vertical feet above ground level.

Attachment to Utility Poles. All signs erected pursuant to this subsection shall be mounted on the utility poles using a bracket and arm design and construction approved by the Borough Engineer and the owner of the utility pole.

Utility Pole Owner Consent. The applicant shall obtain written approval and/or consent from the owner of the utility pole.

Sign Permit and Duration. The applicant shall apply for and obtain a sign permit for any banner signs permitted by this subsection. Only one permit shall be issued at a time for banner signs along Brilliant Avenue in order to provide a uniform banner scheme. The period of the permit shall not exceed 90 days and the banner signs shall be removed immediately upon the expiration of the permit. An applicant shall not be permitted more than two display periods in any single twelve-month period. The duration and permit period restrictions within this subsection shall not apply to banner signs installed by the Borough.

Indemnification Agreement. Prior to the issuance of a sign permit for any banner signs permitted by this subsection, the sign permit applicant shall execute an indemnification agreement with the Borough in a form acceptable to the Borough Solicitor.

§ 27-409 Off-Street Parking Requirements.

[Ord. 775, 6/15/1983, § 140-409; as amended by Ord. 838, 11/9/1988, § 140-409.2; by Ord. 847, 4/12/1989, §§ 409.2, 409.3j; by Ord. 856, 12/13/1989, § 409.2; by Ord. 887, 8/12/1992, §§ 409.1, 409.2, 409.3; and by Ord. 995, 12/10/2003]

Application.

Unless specifically exempted by the provisions of this chapter, all structures and uses shall provide off-street parking areas in accordance with this section.

When an existing structure or use is expanded, altered, increased in density or otherwise changed, parking spaces for the area or capacity of such expansion shall be required in accordance with this section. The expansion or alteration shall not result in the elimination of any existing required off-street parking spaces.

When an existing structure or use not in conformity with the off-street parking requirements of this chapter is expanded, altered, increased in density or otherwise changed, the entire structure or use shall be brought into compliance with the off-street parking requirements of this chapter.

A subdivision or combination of lots shall not result in the elimination of any required parking spaces for an existing structure or use.

General Provisions.

Utilization. Required off-street parking facilities shall be solely for the parking of motor vehicles in operating condition of patrons, occupants or employees of such use.

Access. Each required off-street parking space shall open directly upon an aisle or driveway of such width and design as to provide safe and efficient means of vehicular access to such parking space. This provision is not applicable for dwellings where a driveway is utilized to meet off-street parking requirements.

Enclosed Parking. Enclosed parking facilities containing off-street parking shall be subject to the area and bulk requirements applicable in the district in which they are located, unless otherwise specified in this chapter.

Design and Maintenance.

(1)

Size. The minimum dimensions for a conventional parking space will be nine feet in width by 18 feet in length, exclusive of curbs and maneuvering space. For a handicapped parking space, the size shall be 12.5 feet in width by 20 feet in length.

(2)

Design. The minimum dimension of interior driveways and parking aisles shall be 25 feet. Driveways and aisles shall be designed so that each vehicle may have ingress and egress from the space without moving any other vehicle. All access ways shall be designed so as to provide safe exit and entrance from the public street, in accordance with applicable Borough standards or PennDOT specifications.

(3)

Surfacing. All parking areas, including those for single and two family dwellings, shall be graded and paved or otherwise improved with an all-weather material of asphalt, concrete, grouted brick or paving blocks approved by the Borough.

Screening. All open off-street parking areas containing more than eight parking spaces shall be effectively screened on each side by a wall, fence or densely planted compact evergreen hedge not less than four feet in height. Parking areas shall be arranged and designed so as to prevent damage to, or intrusion into, such wall, fence or hedge. Clear sight triangles, as defined by this chapter, shall be maintained. Open parking areas for 10 or more cars shall be interspersed with land forms or other appropriate landscape or planted area.

Lighting. Any lighting used to illuminate off-street parking areas and driveways shall be directed away from residential properties or public street in such a way as not to interface with such uses. The lighting system shall furnish minimally an average of two foot candles during hours of operation with lighting standards being located not more than 80 feet apart.

Repair and Service. No motor vehicle repair work or service of any kind shall be permitted in association with any off-street parking facilities.

Multiple Parking Occupancy. When a number of different uses or businesses are proposed within a structure, facility or complex on the same zoning lot, and when it can be demonstrated that one or more of such uses require parking spaces at times other than normal business or operating hours for other uses, the applicant may present to the Planning Commission a written report stating that a maximum combination of all such uses will not require that total accumulative parking spaces required by this chapter. If the Planning Commission, after review, determines that a reduced overall parking requirement can satisfy the off-street parking needs of the combined facilities, the applicant shall be permitted to reduce the parking spaces provided in accordance with the plan approved by the Planning Commission.

Location.

(1)

All off-street parking spaces required to serve structures or uses shall be located on the same zoning lot as the structure or use served or within 600 feet of a main entrance to the structure or use served.

(2)

If not located on the same zoning lot, the required off-street parking spaces shall be located on a zoning lot owned by or leased to the owner of the zoning lot on which the principal use is located. If the off-site, off-street parking spaces are leased, the term of the lease shall be for a period of not less than 20 years. No property located in a residential zone may be used for off-site, off-street parking; however this restriction shall not apply to Borough-owned or - controlled property.

(3)

Evidence of ownership or lease rights shall be presented to the Borough in the form of a deed, contract of sale, option agreement or lease.

(4)

The continued ownership or lease of the approved off-site, off-street parking spaces shall be a condition to occupancy of the principal use which the parking spaces serve.

Required parking may be provided in a garage, carport or open-air paved area, located and designed in accordance with this chapter. A driveway for a dwelling unit may count for one off-street space, provided it does not inhibit access to other required off-street spaces.

Required Spaces by Type of Use. The actual number of off-street parking spaces required by any use or development shall be calculated during the site plan review by the Planning Commission or the review of the conditional use application by Borough Council based on the standards set forth below in this subsection. In the event neither site plan review nor conditional use is required, the actual number of off-street parking spaces shall be calculated by the Zoning Officer, based on the standards set forth in this subsection.

	Use Type	Minimum Required Spaces
	Residential	Two spaces per dwelling unit
	Commercial
	Automotive Repair	One per 150 square feet of GFA
	Bank, Savings & Loan Association	One per 200 square feet of gross floor area (GFA)
	Bank, Drive-in	One per 1/4 exterior teller window and four for each interior teller window
	Bed-and-Breakfast [Added by Ord. 1060, 6/11/2014]	One per guest room, plus two additional spaces for the primary residence
	Business & Professional Offices (other than medical or dental offices)	One per 300 square feet of GFA
	Day Care Center, Pre-Primary School	One per staff member, plus one space per six children
	Doctor and Dentist Offices	One per examining room, plus one for each two chairs in waiting room, plus one per physician and staff member
	Eating and Drinking Establishments (sit-down type)	One per four seats at tables and one per two seats at a bar or counter, plus one per two employees
	Gasoline Service Station	Two spaces per service bay, plus one per employee
	Laundromats	One per three washing or dry cleaning machine (exclusive of dryers)
	Medical and Dental Clinic or Laboratory	One per 200 square feet of GFA
	Mortuary	One per three seats in any chapel or seating area and not less than five spaces for each viewing area or room
	Motel or Hotel	One per guest room plus parking requirements for any restaurant, bar or other facilities as required by this chapter
	Personal Service & Repair Establishment	One per 100 square feet of GFA plus one for each two employees
	Private School for Art, Music, Crafts, Dance, Etc.	One per staff member, plus one per three students
	All Commercial Uses Not Specifically Listed	One per 200 square feet of GFA
	Restaurants (Drive-In or Fast Food)	One per two seats, plus one per employee
	Theater	One per four seats
	Veterinary Office or Clinic or Hospital	One per 150 square feet of GFA, plus one per staff member
	Commercial Recreation
	Bowling Alleys	Four per alley
	Swimming Pools and Clubs	One space per 38 square feet of water area
	Tennis, Racquetball Courts, etc.	4.5 spaces per count
	Other Commercial Recreational Facilities Not Specifically Mentioned	One per 200 square feet of GFA
	Industrial
	Manufacturing, Warehouse and Wholesale	One per two employees on the two largest shifts combined
	Public Quasi-Public
	Churches	One per three fixed seats, plus one per employee
	Elementary, Junior or Senior High School	Two per classroom plus one for each five students 16 years of age or older
	Colleges, Universities and other Special Institutions	Two per classroom plus one for each five students 16 years of age or older
	Hospitals	One and 1/2 per bed plus one for each staff physician and one for each two other employees
	Nursing or Convalescent Homes	One per three beds plus one for each two other employees
	Private Clubs and Lodges	One per 1.5 members
	Public or Nonprofit Recreation	One per four persons of design capacity for the facility
	Public Utilities	One per two employees on two largest shifts combined

§ 27-410 Off-Street Loading Requirements.

[Ord. 775, 6/15/1983, § 140-410; as amended by Ord. 838, 11/9/1988, § 140-410]

Applicability. In any zoning district, all structures and uses which require the receipt or distribution of materials or products by trucks or similar vehicles, shall provide accessory off-street loading spaces as required by this chapter. When an existing structure is expanded, accessory off-street loading spaces shall be provided in accordance with the following regulations for the area of such expansion. Off-street loading requirements may be modified or waived during the site plan or conditional use review where the applicant can show that existing site constraints limit the application of these standards.

General Provisions.

Location. All required loading spaces or berths shall be located on the same lot as the use served, and no portion of the vehicle shall project into any traffic lane. All motor vehicle loading berths which abut or are adjacent to a residence district or use shall be completely screened therefrom by building walls, or a uniformly painted solid fence, wall, door, planted screen or any combination thereof, not less than six feet nor more than eight feet in height. No permitted or required loading space or berth shall be located within 40 feet of the nearest point of intersection of any two public streets or highways. No loading space or berth shall be located in a required front yard, and any loading space or berth located in a required rear yard shall be open to the sky.

Area. Unless otherwise specified, a required off-street loading space shall be 10 feet in width by at least 50 feet in length, exclusive of aisle and maneuvering space, and shall have a vertical clearance of at least 16 feet. The required length may be reduced by 10 feet, if the applicant certifies that the off-street loading use will only be single-unit trucks or smaller.

Access. Each required off-street loading space shall be designated with appropriate means of vehicular access to a street, highway or alley in a manner which will least interfere with traffic movement.

Surfacing. All open off-street loading shall be improved with a compacted select gravel base, not less than seven inches thick, surfaced with an all-weather material.

Repair and Service. No motor vehicle repair work or service of any kind shall be permitted in conjunction with any off-street loading facilities.

Utilization. Space allocated for any off-street loading berth shall not be used to satisfy the space requirements for any off-street parking facilities or portions thereof.

Required Off-Street Loading Spaces.

	Use	Required Berth (Based on Gross Floor Area)
	Manufacturing	One berth for every 10,000 square feet
	Wholesale, Other Uses	One berth for every 8,000 square feet
	Business and Professional Offices	One berth for every 10,000 square feet, not exceeding a total of two required stalls
	Food Stores and Other Retail Stores	One berth for every 5,000 square feet up to a maximum of two stalls and then one berth for every 20,000 square feet or fraction thereof

Uses for which off-street loading facilities are required by this section, but which are located in buildings that have a floor area that is less than the minimum for which off-street loading facilities are required, shall provide adequate receiving facilities, accessible by motor vehicle, from any adjacent alley, service drive or open space on the same lot, in accordance with the provisions of this chapter.

§ 27-411 Environmental Performance Standards.

[Ord. 775, 6/15/1983, § 140-411; as amended by Ord. 955, 11/10/1999, § 411.7]

All uses hereafter established in any zoning district shall comply with the performance standards contained in this section. The performance standards shall apply to an existing use or structure, or portion thereof, when it is extended, enlarged, moved, structurally altered or reconstructed.

Fire and Explosive Hazards. All activities and all storage of flammable and explosive material at any point shall be provided with adequate safety devices against the hazards of fire and explosion and adequate fire-fighting equipment as specified by the Department of Labor and Industry and the laws of the Commonwealth of Pennsylvania. All buildings and structures and activities within such buildings and structures shall conform to the Borough's Building Code (Chapter 5) and all other applicable Borough ordinances.

Radioactivity or Electrical Disturbances. There shall be no activities which emit radioactivity at any point above the most recent background limits set by state and/or federal regulations. There shall be no radio or electrical disturbance adversely affecting the operation of equipment belonging to someone other than the creator of the disturbance.

Smoke, Ash, Dust, Fumes, Vapors and Gases. There shall be no emission of smoke, ash, dust, fumes, vapors or gases which violates applicable federal, state or Allegheny County laws and regulations.

Liquid and Solid Wastes. There shall be no discharge at any point into any public or private sewerage system, or watercourse or into the ground, of any materials in such a way or of such a nature, as will contaminate or otherwise cause the emission of hazardous materials in violation of the laws and regulations of the Commonwealth of Pennsylvania and Allegheny County. All required discharge and disposal permits shall be obtained.

Glare. No direct reflected glare whether from any lighting source or production operation shall be visible from adjoining public streets or adjacent lots when viewed by a person standing on ground level. Glare shall be defined as direct or indirect light from such activities of greater than 0.5 foot candle at habitable levels.

Odor. There shall be no emission of odorous gases or other matter in such quantities as to be offensive on adjoining streets or adjacent lots. Odor thresholds shall be measured in accordance with ASTM D-1391-57 "Standard Method for Measurement of Odor in Atmospheres (Dilution Method)."

Noise.

(1)

No operation or activity shall cause or create noise in excess of the sound levels prescribed below. For the purposes of this chapter, the noise level will be measured in decibels (dBA) which indicate the sound pressure level obtained from a frequency weighting network corresponding to the A-scale on a standard sound level meter.

(a)

Residential and Conservation Districts. At no point on or beyond the boundary of any lot within these districts shall the exterior noise level resulting from any use or activity located on such lot exceed a maximum of 75 dBA for more than one hour per 24 hours.

(b)

AC-1 and AC-2 Districts. At no point on or beyond the boundary of any lot within these districts shall the exterior noise level resulting from any use or activity located on such lot exceed a maximum of 75 dBA for more than eight hours per 24 hours.

(c)

A-1 Districts. At no point on or beyond the boundary of any lot within these districts shall the exterior noise level resulting from any use or activity located on such lot exceed a maximum of 75 dBA.

(d)

Where two zoning districts in which different noise levels are prescribed, share a common boundary, the most restrictive of the noise level standards shall govern.

(2)

The following uses or activities shall be exempted from the noise regulations: (a) noises emanating from construction and/or maintenance activities between 7:00 a.m. and 9:00 p.m.; and, (b) noises caused by safety signals, warning devices and other emergency-related activities or uses.

(3)

In addition to these regulations, all uses or activities within the Borough shall conform to any applicable county, state or federal noise regulations.

Vibrations.

(1)

Vibration shall be measured at or beyond any adjacent lot line or residential district line as indicated in Table A below and such measurements shall not exceed the particle velocities so designated. The instrument used for these measurements shall be a three component measuring system capable of simultaneous measurement of vibration in three mutually perpendicular directions.

(2)

The maximum vibration is given as particle velocity, which may be measured directly with suitable instrumentation or computed on the basis of displacement and frequency. When computed, the following formula shall be used:

	P.V. =	6.28 F x D
	P.V. =	Particle velocity, inches per second
	F =	Vibration frequency, cycles per second
	D =	Single amplitude displacement of the vibration, inches

(3)

The maximum particle velocity shall be the vector sum of the three individual components recorded. Such particle velocity shall not exceed the values given in Table A. Where vibration is produced as discrete impulses, and such impulses do not exceed a frequency of 100 per minute, then the values in Table A may be multiplied by 2.

Table A
Maximum Ground Transmitted Vibration By Zoning District
	Particle Velocity in Inches/Second
Vibration Measured in:	Adjacent Lot Line	Residential and Conservation Districts
Residential and Conservation Districts	0.02	0.02
Commercial Districts	0.06	0.02
Industrial Districts	0.1	0.02

Storage. All garbage, trash and rubbish shall be stored in covered, vermin proof containers, and also shall be screened from public view.

Determination of Compliance.

(1)

If during the review of a zoning application it appears that the proposed use or development may violate the performance standards contained in this section, the Borough may initiate an investigation and may require the applicant to submit such data and evidence as is needed to make an objective determination. The evidence may include such items as:

(a)

Plans of the existing or proposed construction and development.

(b)

A description of the existing or proposed machinery, processes and products.

(c)

Specifications for the mechanisms and techniques used or proposed to be used in restricting the possible emission of any of the dangerous and objectionable elements as set forth in this Part.

(d)

Measurements of the amount or rate of emission of said dangerous and objectionable elements.

(2)

In order to determine compliance, the Borough may seek assistance from any county, state or federal agency having interest in or jurisdiction for the particular environmental issue. The Borough may also require the applicant to submit a report from a qualified technical expert certifying that the proposed use does comply with the performance standard(s). The technical expert shall be persons or firms mutually acceptable to the Borough and applicant; in the event agreement cannot be reached on the technical expert, the Borough shall make the selection. The cost of the expert's study and report shall be borne by the applicant. A negative report by the technical expert, as to the proposed use's compliance with the performance standard(s), and the applicant's refusal or inability to make alterations to ensure compliance, shall be a basis for denying approval of the zoning application.

Continuing Enforcement.

(1)

The Zoning Officer shall investigate any purported violation of the performance standards and, if necessary, request the Borough employ qualified experts to assist in the determination of a violation. The costs for the services of such experts shall be paid by the owner or operator of the facility accused of the violation.

(2)

If the facility is found to be in violation, the owner or operator shall be given a reasonable length of time to correct the violation. If at the conclusion of this time period the violation still exists, and the Borough has agreed to no time extension, the owner or operator shall be in violation of this chapter and subject to the legal penalties and remedies contained herein.

§ 27-412 No-Impact Home-Based Business.

[Ord. 775, 6/15/1983, § 140-412; as amended by Ord. 988, 11/13/2002, § 9; and by Ord. 995, 12/10/2003]

No-impact home-based businesses, which comply with the definition and standards of this chapter, shall be permitted as an incidental use to any principal dwelling unit in all residential zoning districts as long as the business or commercial activity satisfies the following requirements, except that such permission shall not supersede any deed restriction, covenant or agreement restricting the use of the land, nor any master deed, bylaw or other document applicable to a common interest ownership community:

The business activity shall be compatible with the residential use of the property and surrounding residential uses.

The business shall employ no employees other than family members residing in the dwelling.

There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.

There shall be no outside appearance of a business use, including but not limited to, parking, signs or lights.

The business activity may 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.

The business activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.

The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.

The business may not involve any illegal activity.

§ 27-413 Radio or Television Antenna and Satellite Dish Antenna.

[Ord. 775, 6/15/1983, § 140-413; as added by Ord. 808, 8/13/1986, § 140-413; and by Ord. 908, 7/13/1998, § 413.2]

(Reserved)[1]

[1]

Editor's Note: Former Subsection 1, Solar Energy Structures, was repealed 6/11/2004 by Ord. 1060. For current provisions, see § 27-419.

Radio or Television Antenna.

A radio or television antenna accessory to a principal residential use may be installed or used only in a rear yard; provided, that said structure shall not be located in the minimum required rear yard and further provided that such antenna be located a minimum of 20 feet from any property line, has a maximum height of 30 feet, is screened from adjacent properties by large evergreen trees, and to the extent possible is painted black, dark green or brown.

Such an antenna may be mounted on the roof provided it has a maximum height of 13 feet above the roof line as measured from the highest point of the roof for flat roofs, deck line for mansard roofs or the mean height between eaves and ridge for gable, hip and gambrel roofs, and is painted as specified above.

No radio or television antenna shall be installed or used before securing a building permit.

No radio or television antenna shall be lighted.

This section shall not be construed as authorizing the construction or use of a tower or other structure for any commercial, institutional or governmental telecommunications, radio, cellular telephone, paging, television or similar use.

Satellite Dish Antenna Structures.

A satellite dish antenna structure may be installed or used only in a rear yard; provided, such structure is not located in the minimum required rear yard; and further provided, such structure is located a minimum of 20 feet from any property line; has a maximum height of 13 feet above the ground when positioned vertically, a maximum diameter of 10 feet, is screened from adjacent properties by evergreen vegetation to the maximum extent possible without interfering with the antenna's line of sight and to the extent possible is painted black, dark green or brown.

The satellite dish antenna may be located on the roof of a structure only if the owner establishes that:

(1)

Placement of the satellite dish antenna in the rear yard as required by this section would effectively preclude reception from any transmitting satellite.

(2)

The roof of the structure in question can safely support the load of the satellite dish antenna.

(3)

Design of the satellite dish antenna and its proposed placement on the roof are such that the satellite dish antenna will remain safely secured to the roof during wind gusts of up to 75 miles per hour.

(4)

The maximum height of the satellite dish antenna is 13 feet above the roof line as measured from the highest point of the roof for flat roofs, deck line for mansard roofs, or the mean height between eaves and ridge for gable, hip and gambrel roofs.

(5)

The maximum diameter of the satellite dish antenna is 10 feet.

(6)

To the extent possible the satellite dish antenna is painted black, dark green or brown.

No satellite dish antenna structure shall be installed or used before securing a building permit.

§ 27-414 Subdivision of Dwellings Erected Prior to January 1, 1991.

[Ord. 775, 6/15/1983, § 140-414; as added by Ord. 872, 5/22/1991, § 2]

Any double house or other multi-family residential dwelling unit erected and used for such purposes on or before January 1, 1991, may be subdivided along a party wall notwithstanding the fact that the minimum yard requirements of this chapter may not be met as a result of said subdivision. Any such subdivision shall comply with all other applicable requirements of this chapter, the subdivision and land development regulations [Chapter 22] and other Borough ordinances.

§ 27-415 Commercial Trading Hour Restrictions.

[Ord. 775, 6/15/1983; as added by Ord. 995, 12/10/2003]

All business, commercial and trading activities and/or uses in the commercial zoning districts of the Borough shall comply with the trading hour regulations contained in Part 4 of Chapter 13 of the Aspinwall Borough Code of Ordinances, Trading Hours in Commercial Districts, which are incorporated herein by reference.

§ 27-416 Outdoor Mechanical Vending Devices.

[Ord. 775, 6/15/1983; as added by Ord. 976, 3/9/2001, § 140-415; and by Ord. 995, 12/10/2003]

Application. No outdoor mechanical vending device (as defined in § 21-407 of the Aspinwall Borough Code of Ordinances) shall be placed, displayed, erected, altered, relocated, remodeled, expanded or maintained in a manner that is inconsistent with the provisions of this chapter and any other applicable Borough ordinances. The following regulations on the placement and display of outdoor mechanical vending devices shall neither replace nor substitute the Borough's sign regulations of this chapter or any other applicable Borough ordinances.

Permitted Outdoor Mechanical Vending Devices, Size and Placement Requirements.

Zoning District Regulations. Outdoor mechanical vending devices shall only be permitted in the following zoning districts: AC-1; AC-2; AI-1 and A-CD.

Number. No more than two outdoor mechanical vending devices shall be permitted on a lot, as designated by the Allegheny County Block and Lot System.

Size. Outdoor mechanical vending devices shall not exceed the following dimensions: Height - six feet; Width - three feet; and Depth - three feet.

§ 27-417 Riverfront Developments.

[Added by Ord. 1060, 6/11/2014]

Riverfront developments shall comply with the following criteria.

Comprehensive Plan. The proposed riverfront development shall preserve the community development objectives of this chapter and shall be consistent with the Borough Comprehensive Plan and Allegheny Places, the Allegheny County Comprehensive Plan.

Compatibility. The proposed riverfront development shall physically integrate with the larger community of which it is a part in the following ways:

(1)

A system of public streets is designed and constructed in a way so as to ensure coordination with streets outside of the development.

(2)

All utilities are designed and installed in a manner which ensures coordination with the infrastructure systems serving the Borough.

(3)

Physical access is provided throughout the development in order to connect the community with the riverfront.

Riverfront. The proposed riverfront development shall incorporate plans and means for improving public access to, use of, and enjoyment of the scenic and other assets of the Allegheny River and further the goals of the Borough relative to the use and preservation of riverfront property.

Comparable Departure. Where the proposed riverfront development departs from the requirements of this chapter, Chapter 22 of the Aspinwall Borough Code of Ordinances, Subdivision and Land Development, or other regulations otherwise applicable to the subject property, such departures must be shown to be in the public interest and promote the health, safety, and general welfare of the public.

Common Open Space. The proposals for the maintenance and conservation of any proposed common open space shall be reliable, and the amount and extent of improvements of such common open space shall be adequate with respect to the purpose, use, and type of development proposed.

Infrastructure. The physical design of the proposed riverfront development shall adequately provide for public services, pedestrian and vehicle traffic facilities and parking, light, air, recreation and visual enjoyment.

Safety. No use or design feature in the proposed riverfront development shall involve any element or cause any condition or traffic hazard that may be dangerous, injurious, or noxious to any other property or persons. Consideration of potential traffic hazards shall include, but not be limited to, the effect of the riverfront development on traffic congestion on the roads, streets, and highways affected by the riverfront development.

Timing. In the case of a riverfront development plan that proposes development over a period of years, the riverfront development will provide at each stage of development a proportion of open space, planned facilities and amenities, and other improvements equal to the stage's proportion of the entire development. Conditions as required in this chapter and as intended to protect the interests of the public and of the residents of the riverfront development and the integrity of the riverfront development plan shall also be met.

Bonuses for Riverfront Developments.

Purpose. Bonuses are offered in order to encourage riverfront developments to achieve the community development objectives of the Borough and fulfill objectives of this chapter.

Sustainable Development Bonus.

(1)

Purpose. Green buildings improve air and water quality, reduce solid waste, conserve natural resources, reduce operation costs, optimize life-cycle economic performance and minimize the strain on local infrastructure. Given that buildings are responsible for a large portion of energy and resource use, the provisions of this section are intended to promote sustainable developments that reduce the impact of the built environment in the Borough.

(2)

Applicability. The following bonuses for sustainable development may be permitted in all riverfront developments.

(3)

Density and Height Bonuses. In the event that a building or structure is determined by the United States Green Building Council to be a LEED-certified building, the maximum permitted density may be increased by 20%. Also, in the event that a building or structure is determined to be a LEED-certified building, the maximum height of the building or structure may exceed the permitted height but shall not exceed an additional 20% of the permitted height.

(a)

Structures utilizing the height bonus may not exceed a maximum height of 48 feet or four stories. Council shall only authorize this increased structure height if there is a finding of fact that the taller structure will not negatively affect views from surrounding areas, if the average floor area of such structure is no greater than 15,000 square feet, and if there is no more than one such structure for every two acres of site area in the riverfront development.

§ 27-418 Riverfront Planned Development.

[Added by Ord. 1060, 6/11/2014]

Development Plan. No riverfront planned development may be approved or recorded, no lot shall be sold nor any structure built, altered, moved or enlarged in any riverfront planned development unless and until a land development plan has been approved and recorded and until the improvements required in connection therewith have either been constructed or guaranteed, as herein provided.

Compliance with Other Provisions. The provisions of this section for approval of a riverfront planned development shall be a modification to and in lieu of procedures for approvals otherwise required in this chapter, Chapter 22 of the Aspinwall Borough Code of Ordinances, Subdivision and Land Development, and Articles V and VI of the MPC. Failure to comply with the provisions of this section with respect to a recorded development plan shall be deemed to constitute a violation of this chapter.

Application and Review Procedure. All riverfront planned developments shall require submission, review and approval of an application for tentative approval and an application for final approval in accordance with the procedures and requirements set forth in this section.

Concept Plan.

Prior to submission of an application for tentative approval, the developer is encouraged to present a schematic plan of the proposed development to the Planning Commission to assure mutual agreement on the location, extent, functioning, public orientation and goals of the proposed riverfront planned development, but such agreement shall not be legally binding. Time deadlines applicable to applications for tentative or final approval shall not apply to concept plans.

In the case of a riverfront planned development that proposes development of only a portion of the parcel owned or controlled by the developer, the developer shall provide a concept plan that clearly delineates the proposed future development of all remaining portions of such parcel. This concept plan may be submitted as a part of the application for tentative approval.

Tentative Approval Application Procedure.

An application for tentative approval shall be filed with the Zoning Officer, on forms prescribed by the Borough, with not fewer than six full-scale copies and 15 half-scale copies of all required maps, and 15 copies of all other application material, at least 14 days prior to the regular meeting of the Planning Commission. An application for tentative approval shall not be considered to be administratively complete until all items required by this chapter, including the application and/or deposit, have been received by the Borough.

The Zoning Officer shall review the application to determine whether all materials required by this chapter have been submitted by the applicant. If all such materials have not been submitted, then the Zoning Officer shall reject the application as being administratively incomplete and shall notice the applicant, in writing, citing the specific deficiencies and the specific requirements of this chapter that have not been met.

Within five days of receipt of an administratively complete application, the Zoning Officer shall forward one copy each of the tentative application and any materials submitted therewith to each member of the Planning Commission, each member of Borough Council, the Borough Engineer, the Borough Solicitor, the County Health Department, and the County Planning Agency.

Planning Commission Recommendation. The Planning Commission shall review the application and forward its recommendation to the Borough Council within 45 days of the date of the Borough's receipt of an administratively complete application.

Borough Council Action.

(1)

Council shall commence, hold and conduct a public hearing in accordance with Section 708 of the MPC, 53 P.S. § 10708.

(2)

Council shall render its decision, provide official written communication of its decision, and provide findings of fact and conclusions of law in accordance with Section 709 of the MPC, 53 P.S. § 10709.

(3)

Council shall grant tentative approval to a riverfront planned development if, and only if, it is found to meet the criteria set forth in this section.

(a)

The developer may reject any conditions in accordance with Section 709 of the MPC, 53 P.S. § 10709.

(b)

The grant of tentative approval may be revoked in accordance with Section 710(c) of the MPC, 53 P.S. § 10710(c).

(c)

Where tentative approval has been granted, it shall be deemed an amendment to the Zoning Map, effective upon final approval, and shall be noted on the Aspinwall Borough Zoning Map in accordance with Section 710(a) of the MPC, 53 P.S. § 10710(a).

Final Plan Application Procedures.

An application for final approval shall be filed with the Zoning Officer, on forms prescribed by the Borough, with not fewer than six full-scale copies and 15 half-scale copies of all required maps, and 15 copies of all other application material, at least 14 days prior to the regular meeting of the Planning Commission. An application for final approval shall not be considered to be administratively complete until all items required by this chapter, including the application and/or deposit, have been received by the Borough.

An application for final approval may be for all the land included in a riverfront planned development or, to the extent set forth in the tentative approval, for a section thereof. Application for final approval of each phase shall be filed with the Zoning Officer not later than 12 months following the grant of tentative approval, unless otherwise specified by Council, provided that Council may approve an extension of this time period on written request of the developer.

Borough Council Action.

(1)

A public hearing on an application for final approval of the riverfront planned development, or part thereof, shall not be required, provided the riverfront planned development, or the part thereof, submitted for final approval is in compliance with the riverfront development plan given tentative approval and with any specified conditions attached thereto.

(2)

In the event the application for final approval has been filed, together with all drawings, specifications and other documents in support thereof, and as required by this chapter and the official written communication of tentative approval, Council shall grant such riverfront planned development final approval in accordance with Section 711(b) of the MPC, 53 P.S. § 10711(b).

(3)

In the event the riverfront development plan as submitted for final approval contains variations from the riverfront development plan given tentative approval, Council may refuse to grant final approval in accordance with Section 711(c) of the MPC, 53 P.S. § 10711(c). In the event of such refusal, the developer may pursue the options set forth in Section 711(c) of the MPC, 53 P.S. § 10711(c), in accordance with the time limitations and requirements set forth therein.

Recording. A riverfront development plan, or any part thereof, which has been given final approval shall be so certified without delay by Council and shall be filed of record in accordance with Section 711(d) of the MPC, 53 P.S. § 10711(d). Upon the filing of record of the riverfront development plan, the zoning and subdivision and land development regulations otherwise applicable to the land included in such shall not apply.

Abandonment of Plan. In the event that a riverfront development plan or a section thereof is given final approval and thereafter the developer shall abandon the plan or the section thereof that has been finally approved, the developer shall so notify Council in writing; or, in the event that the developer shall fail to commence and carry out the riverfront planned development in such reasonable period of time as may be specified in the development agreement (see § 27-418, Subsection 13), no development or further development shall take place on the property included in the riverfront planned development until a new subdivision or development plan has received final approval from Council.

Modifications. Modifications may be allowed only by Council approval in accordance with Section 706 of the MPC, 53 P.S. § 10706, when the modifications are minor, do not negatively impact the plan and are in the public interest.

Plan Contents and Requirements. All riverfront planned developments shall submit applications for tentative and final approval according to the following:

Application for Tentative Approval. The application for tentative approval shall include the following:

(1)

A location map clearly showing the location, area and zoning of the tract proposed for development, the area and zoning of adjacent properties and the location and relative distance to existing adjacent streets.

(2)

A site analysis study, including review and analysis of natural and geotechnical features, existing and potential scenic views, and structures or features of an archaeological or historic interest.

(3)

A proposed riverfront development plan, prepared by a registered engineer, architect, registered professional land surveyor, or landscape architect, showing the entire tract and all lands within 100 feet of its boundaries and the following data:

(a)

Property lines and total acreage of the tract;

(b)

The location of any existing bodies of water or watercourses, using normal pool level as defined by United States Army Corps of Engineer data;

(c)

All existing streets, rights-of-way, and easements related to the development;

(d)

The location of existing driveways on adjacent properties;

(e)

The location of natural features, including, but not limited to, streams or other natural watercourses, lands subject to flooding, including adjacent land within 100 feet of the site, wetlands, landslide-prone soils, and significant stands of existing trees;

(f)

The location of existing structures, including structures located on abutting property if within 50 feet of the common property line;

(g)

Existing cultural features within 100 feet of the site, such as trails, bike lanes, marinas, parks, boat docks, fishing piers, or other water access points, or recreational amenities;

(h)

Required front, side and rear yard lines, and any required building line;

(i)

Existing contour lines at two-foot intervals;

(j)

Location, dimensions, total square footage and ground-floor plans of proposed structures, walkways, driveways, entrances, parking facilities, loading spaces, landscaping, signs, lighting facilities, fences or walls, fire hydrants and fire lanes and other site improvements or amenities;

(k)

Proposed contour lines at two-foot intervals;

(l)

Spot elevations on sites where the overall slope is less than 2%.

(m)

Location and approximate size of existing and proposed utilities to serve the development;

(n)

Schematic elevations at an appropriate architectural scale;

(o)

Surface water runoff controls; and

(p)

Title block, giving name of municipality, name of development, property owner, developer, North point, date and scale (minimum one inch equals 50 feet).

(4)

The proposed riverfront development plan shall include such maps, at a scale no smaller than one inch equals 50 feet, and text needed to clearly show the following:

(a)

A written narrative explaining the purpose of the proposed development, what is proposed, how it is consistent with the Borough Comprehensive Plan and community development objectives, a discussion of any requested modifications and how such modifications, if granted, will not be contrary to the purposes of the Borough Riverfront Zoning Overlay;

(b)

The name of the proposed development and names and addresses of the developer and the persons who prepared the plan;

(c)

The proposed street pattern, including the names, proposed ownership (public or private), paving widths, and rights-of-way of all streets, and the widths and locations of easements;

(d)

The layout of lots or parcels, where appropriate, including dimensions, number, and building lines;

(e)

The location, use, height, bulk, and number of families to be housed for every structure proposed;

(f)

The location of all off-street parking spaces and the total number of spaces to be provided;

(g)

The location, size, and kind of improvements proposed for all common open space, together with proposed ownership and maintenance arrangements for such open space;

(h)

The location and design for all landscaping and screening proposed, showing the height and type of screening;

(i)

The location and width of walks, sidewalks and trails, points of connection with existing or planned trails (or other pedestrian movement systems), and the use of trails where they are not limited to pedestrian use;

(j)

The substance of covenants, grants, easements, or other restrictions proposed;

(k)

A listing of Borough, county, state or federal approvals and permits required by the proposed development.

(5)

A certification of water systems prepared in accordance with § 22-303, Subsection 1D, of the SALDO.

(6)

A traffic impact study prepared in accordance with § 22-303, Subsection 1E, of the SALDO.

(7)

An engineering report prepared by a registered engineer and including the following data, wherever pertinent:

(a)

Profiles, cross sections and specifications for proposed street improvements.

(b)

Profiles and other explanatory data concerning installation of water distribution systems, stormwater management facilities and sanitary sewers.

(c)

A report on the feasibility of connection to the existing sanitary sewerage system, including distances to the nearest public sewer, service load of the development and the capacity of the treatment plant.

(8)

A list of modifications, including the required modifications to the municipal land use regulations otherwise applicable to the subject property per Section 707(4)(viii) of the MPC.

(9)

A phasing schedule, where the development plan calls for development over a period of years. The phasing schedule shall show the proposed times within which applications for final approval of all phases of the planned riverfront development are intended to be filed. This phasing schedule must be updated annually, on the anniversary of its approval, until the development is completed and accepted.

(10)

The substance of covenants, grants and easements or other restrictions proposed, in a form and manner acceptable to the Borough Solicitor.

(11)

Where the Borough Engineer deems necessary, any of the additional requirements listed in § 22-303, Subsection 2, of the SALDO.

Application for Final Approval. The application shall be at the same scale and in the same format as the tentative plan and shall be comprised of one reproducible copy and 12 prints of the riverfront planned development for the phase, including a site plan and supplementary data, a development agreement, and a certificate of completion of improvements or a guarantee of improvements as required by this chapter, as well as any conditions set forth in the official written communication at the time of tentative approval.

Authorized Uses. The following uses, and only the following uses, are authorized in a riverfront planned development, provided their design, arrangement, landscaping, relationship to adjacent properties and uses, and construction form a compatible and harmonious group of uses, afford reasonable protection to adjacent development, and otherwise meet all requirements set forth in this chapter.

Residential Uses:

(1)

Single-family dwellings;

(2)

Townhouses;

(3)

Two-family dwellings;

(4)

Garden dwellings; and

(5)

Mid-rise apartments.

Commercial and Office Uses:

(1)

Retail stores having no more than 5,000 square feet of gross floor area;

(2)

Personal service businesses;

(3)

Business and professional offices;

(4)

Restaurants; and

(5)

River-oriented recreation and commercial uses, such as marinas, boat docks, storage and launching facilities, fishing piers or areas, observation areas, restaurants, specialty shops, and similar uses.

Other Uses:

(1)

Parks and public recreation space.

Industrial Uses:

(1)

Light industrial; and

(2)

Research and development facilities.

Area and Bulk Requirements. Riverfront planned developments shall adhere to the following:

Maximum Density Requirements.

(1)

Residential Uses: 12 units per gross acre of land assigned to residential usage.

(2)

Nonresidential Uses: 18,000 square feet of gross floor area per acre.

(3)

Mixed-Use Structures: 18 dwelling units per acre. Nonresidential uses shall count every 1,000 square feet of gross floor area dedicated to nonresidential use as one dwelling unit.

Maximum Lot Coverage: 50% for all uses.

10.

Arterial Street Access. The site must provide for access directly from an arterial street to ensure convenient and safe access that will not cause undue congestion or safety hazards on local streets. Council may approve access using a service street to connect to an arterial street where there is a finding of fact and recommendation by the Planning Commission that such service street meets the goals of this section.

11.

Mandatory Common Recreation/Open Space Dedication. Public access throughout the riverfront shall be ensured through the provision of common open space along such frontage. Not less than 20% of the total site area shall be set aside for common open space. At least 50% of the required common open space shall be developed to include marinas, walkways, bike trails, landscaping and appropriate recreational facilities. The common open space shall be so dedicated or otherwise preserved and maintained so as to always remain open and available for use by the users and occupants of the riverfront development. The common open space, including all improvements and facilities, shall be either:

Dedicated for public use to a public body which agrees to operate and maintain the dedicated land and facilities; however, no public body is obliged by this chapter to accept such dedication; or

Deeded to an organization representing the property owners of the development, which organization shall covenant to operate and maintain land and facilities. Such organization may not be dissolved nor dispose of the common open space unless the maintenance of the common open space is otherwise guaranteed to the Borough's satisfaction; or

If the common open space includes a trail, deeded to an organization such as the Friends of the Riverfront.

12.

Guarantee of Improvements.

Completion of improvements prior to final approval, requirements for guarantee of improvements, financial security, release from improvement security, and remedies to effect completion shall be in accordance with MPC Sections 509-511.

Financial security to ensure satisfactory completion of required public improvements and maintenance, inspection and release procedures shall conform to Chapter 22 of the Aspinwall Borough Code of Ordinances, Subdivision and Land Development.

13.

Development Agreement. At the time of final approval, the developer shall sign a development agreement in accordance with the form and content required by Chapter 22 of the Aspinwall Borough Code of Ordinances, Subdivision and Land Development, the terms of the approval, and the terms of this chapter.

§ 27-419 Building-Mounted and Ground-Mounted Solar Panels.

[Added by Ord. 1060, 6/11/2014]

Applicability and Permitting.

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 section.

Before any construction or installation on any solar PV system shall commence, a permit issued by the Borough shall be obtained to document compliance with this chapter.

Location Within a Lot.

Building-mounted systems are permitted to face any rear, side and front yard, or any unregulated yard area as defined in § 27-202 of this chapter.

Building-mounted systems may only be mounted on lawfully permitted principal or accessory structures and shall comply with all applicable requirements for accessory uses.

Ground-mounted systems shall comply with all applicable requirements for accessory uses and structures.

Design and Installation Standards.

The solar PV system must be constructed to comply with Chapter 5 of the Aspinwall Code of Ordinances, Code Enforcement, as amended, and any applicable codes, standards and regulations incorporated into the Aspinwall Borough Code of Ordinances, except where an applicable industry standard has been approved by the Pennsylvania Department of Labor and Industry under its regulatory authority.

All wiring must comply with the National Electrical Code, most recent edition, as amended and adopted by the Commonwealth of Pennsylvania.

For ground-mounted systems, all exterior electrical lines must be buried below the surface of the ground where possible or be placed in conduit.

The solar PV system must be constructed to comply with the most-recent fire code as amended and adopted by the Commonwealth of Pennsylvania.

Setback Requirements.

Ground-mounted systems must comply with the applicable accessory structure setback requirements, as set forth in § 27-406 of this chapter.

The required setbacks are measured from the lot line to the nearest part of the system.

No part of a ground-mounted system shall extend into the required setbacks due to a tracking system or other adjustment of solar PV related equipment or parts.

Height Restrictions.

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 highest edge or surface 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.

(3)

For a building-mounted system installed on a flat roof, the highest point of the system shall be permitted to extend up to six feet above the roof to which it is attached.

(4)

Ground-mounted systems may not exceed the permitted height of accessory structures in the zoning district where the solar PV system is to be installed.

Screening and Visibility.

Building-mounted systems on a sloped roof shall not be required to be screened.

Building-mounted systems mounted on a flat roof shall not be visible from the public right-of-way within a twenty-six-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 from the public right-of-way within a twenty-six-foot radius when measured at a distance of five feet from the ground.

Impervious 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 parcel lot coverage limitations for the zoning district. If the ground-mounted system is mounted above an impervious surface, it shall not be calculated as part of the parcel lot coverage limitations for the zoning district.

Nonconformance.

Building-Mounted Systems:

(1)

If a building-mounted system is to be installed on any building or structure that is nonconforming due to height, the building-mounted system shall be permitted so long as the building-mounted system does not extend above the peak or highest point of the roof to which it is mounted and so long as it complies with the other provisions of this chapter.

(2)

If a building-mounted system is to be installed on a building or structure on a nonconforming 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 shall be permitted so long as there is no expansion of any setback or lot coverage nonconformity and so long as it complies with all other provisions of this chapter.

Ground-Mounted Systems:

(1)

If a ground-mounted system is to be installed on a lot containing a structure that is nonconforming because it does not meet all minimum required setbacks, a ground-mounted system that complies with all other provisions of this chapter shall be permitted if the system does not increase any encroachment into setbacks.

(2)

If a ground-mounted system is to be installed on a lot that is nonconforming because it violates zoning district requirements other than setbacks, then a variance must be obtained for the proposed installation.

Signage and/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.

10.

Performance Requirements. All solar PV systems are subject to compliance with applicable performance standards provided in § 27-411 of this chapter.

11.

Inspection, Safety and Removal.

The Borough reserves the right to inspect a solar PV system for building or fire code compliance and safety.

If, upon inspection, the Borough determines that a fire code or building code violation exists, or that the system otherwise poses a safety hazard to persons or property, the Borough may order the landowner to repair or remove the system within a reasonable time. Such an order shall be in writing, shall offer the option to repair, shall specify the code violation or safety hazard found and shall notify the landowner of his or her right to appeal such determination.

If a landowner fails to repair or remove a solar PV system as ordered, and any appeal rights have been exhausted, the Borough may enter the lot, remove the system and charge the landowner for all costs and expenses of removal, including reasonable attorneys' fees, or pursue other legal action to have the system removed at the landowner's expense.

In addition to any other available remedies, 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. Legal counsel of the Borough shall institute appropriate action for the recovery of such cost, plus attorneys' fees, including, but not limited to, filing of municipal claims pursuant to 53 P.S. § 7107 et seq., for the cost of such work, 6% interest per annum, plus a penalty of 5% of the amount due, plus attorneys' fees, and costs incurred by the Borough in connection with the removal work and the filing of the Borough's claim.

12.

Vacation, Abandonment and/or Decommissioning.

Discontinuation/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 Borough.

A solar PV system, including its solar PV related equipment, must be removed within 12 months of the date of the discontinuance or abandonment or upon the termination of the useful life of the solar PV system.

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.

If the property 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 lot, remove the system and charge the property owner for all costs and expenses, including reasonable attorneys' fees, or pursue other legal action to have the system removed at the property owner's expense.

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 statutes for continuing, recording and releasing property tax liens.