Purpose. Conditional use provisions apply to all uses identified
as conditional uses in the Tables of Authorized Uses (Principal and
Accessory). The conditional use approval process is designed to allow
the Borough Council to review and approve certain uses that may have
additional impacts on the community and the environment beyond those
typical for uses that are allowed by right. The intent is to allow
certain specified uses identified as conditional uses in the Tables
of Authorized Uses (Principal and Accessory) to be reviewed by the
Borough Council so that they may determine compliance with this chapter
and attach reasonable conditions and safeguards, in addition to the
standards and criteria expressed in this chapter as the Council may
deem necessary to implement the purposes of this chapter.
Procedure. The Borough Council shall consider the conditional
use application and render its decision in accordance with the requirements
of the Pennsylvania Municipalities Planning Code (MPC) and this chapter
and subject to the following:
A.
If a land development approval is required for the conditional use,
the application for conditional use approval and the application for
approval of a Land development required by the Borough's adopted
Subdivision and Land Development Ordinance[1] may be processed concurrently or separately at the discretion
of the applicant, provided that all application requirements of both
ordinances for a conditional use and the land development plan are
met.
B.
Application procedure. The applicant shall submit an application
for development for approval of a conditional use to the Zoning Officer
or designated staff person of the Borough. The application for development
shall indicate the section of this chapter under which the conditional
use is sought and shall state the grounds upon which it is requested.
C.
Application content. An application for approval of a conditional
use shall include the following:
(1)
One copy of the application form provided by the Borough and
completed by the applicant. If the applicant is other than the landowner,
the landowner's authorization of the application and the nature
of applicant's interest in the site shall accompany application.
(2)
Twelve paper and one electronic copies of a site plan meeting
the requirements for a preliminary plan for land development as set
forth in Subdivision and Land Development Ordinance and, in addition,
demonstrating conformity with all requirements of this chapter.
(3)
Application fee and review fees established by resolution of
the Council to cover the cost of review.
D.
Administrative review and determination of complete application.
Within seven working days after a conditional use application is submitted,
the Borough shall review the conditional use application for completeness
of required submission items. Within said time, the Borough shall
notify the applicant in writing if the conditional use application
is incomplete and rejected, stating the deficiencies in the application
and returning the filing fee. The applicant may reapply, submitting
the fee and missing material at any time.
E.
The Borough shall submit the complete conditional use application
to the Borough Planning Commission for review and recommendations.
The Planning Commission shall review the application and make a written
recommendation to the Council. If the proposed development is also
a land development, the Planning Commission shall also make a recommendation
under the provisions of the Subdivision and Land Development Ordinance.[2]
F.
The Council shall hold a hearing, in accordance with 913.2 of the
MPC, 53 P.S. 10913.2, and public notice shall be given as defined
in this chapter. The hearing shall be commenced by the Council within
60 days from the date of receipt of the applicant's completed
application, unless the applicant has agreed in writing to an extension
of time.
G.
Conditions. In considering any conditional use, the Council may attach
reasonable conditions and safeguards, in addition to those expressed
in this chapter, as the Council deems necessary to implement the purposes
of the MPC and this chapter. A violation of such conditions and safeguards,
when made a part of the terms under which the conditional use is granted,
shall be deemed a violation of this chapter.
H.
Written decision. The Council shall render a written decision or,
when no decision is called for, make written findings on the conditional
use application within 45 days after the last hearing before the Council.
Where the application is contested or denied, each decision shall
be accompanied by findings of fact or conclusions based thereon, together
with any reasons therefore. A copy of the final decision or, where
no decision is called for, of the findings shall be delivered to the
applicant personally or mailed to him no later than the day following
its date.
I.
Expiration. Conditional use approval shall expire automatically without
written notice to the applicant if no application for subdivision
and land development, zoning approval for structures, zoning approval
for occupancy and use or a grading or building permit to undertake
the work described in the conditional use approval has been submitted
within 12 months of said approval, unless the Council, in their sole
discretion, extend the conditional use approval upon written request
of the applicant received prior to its expiration. The maximum extension
permitted shall be one twelve-month extension. The Council may grant
an extension for good cause shown by the applicant and provided that
the extension will not be contrary to the purposes of this chapter.
J.
Effect on prior approvals. Conditional use approval, granted prior
to the effective date of this chapter, shall expire automatically
without written notice to the developer if no application for subdivision
and land development, zoning approval for structures, zoning approval
for occupancy and use, or a grading or building permit to undertake
the work described in the conditional use approval has been submitted
within 12 months of the effective date of this chapter or as specified
in the approval, unless the Council, in its sole discretion, extends
the conditional use approval upon written request of the applicant
received prior to its expiration. The maximum extension permitted
shall be one twelve-month extension.
L.
Burden of Proof. In any application for conditional use, the applicant
shall have the persuasion burden and presentation duty to show compliance
with this chapter, and the applicant shall have the persuasion burden
to show the applicant's request is not detrimental to the health,
safety, and welfare of the neighborhood.
Purpose. Special exception use provisions apply to all uses
identified as special exception uses in the Tables of Authorized Uses
(Principal and Accessory). The special exception use approval process
is designed to allow the Zoning Hearing Board to review and approve
certain uses that may have additional impacts on the community and
the environment beyond those typical for uses that are allowed by
right. The intent is to allow certain specified uses identified as
special exception uses in the Tables of Authorized Uses (Principal
and Accessory) to be reviewed by the Zoning Hearing Board so that
they may determine use compliance with this chapter and attach reasonable
conditions and safeguards, in addition to the standards and criteria
expressed in this chapter as the Zoning Hearing Board may deem necessary
to implement the purposes of the Zoning chapter or MPC.
Procedure. The Zoning Hearing Board shall consider special exception
applications and render its decision in accordance with the requirements
of the Pennsylvania MPC and this chapter and subject to the following:
A.
If land development approval is required for the use by special exception,
the application for approval of a land development required by the
Subdivision and Land Development Ordinance[1] shall be submitted to the Borough Planning Commission
and Council following approval of the use by special exception by
the Zoning Hearing Board.
B.
Application procedure. The applicant shall submit an application
for approval of a special exception to the Zoning Officer or designated
staff person of the Borough. The application form shall indicate the
section of this chapter under which the special exception is sought
and shall state the grounds upon which it is requested.
C.
Application content. An application for approval of a special exception
shall include the following:
(1)
One copy of the application form provided by the Borough and
completed by the applicant. If the applicant is other than the landowner,
the landowner's authorization of the application and the nature
of applicant's interest in the site shall accompany application.
(2)
Twelve paper and one electronic copies of a site plan meeting
the requirements for a preliminary plan for land development as set
forth in Subdivision and Land Development Ordinance, and in addition,
demonstrating conformity with all requirements of this chapter.
(3)
Application fee and review fees established by ordinance or
resolution of the Borough to cover the cost of review.
D.
Administrative review and determination of complete application.
Within seven working days after a special exception application is
submitted, the Borough shall review the application for completeness
of required submission items. Within said time, the Borough shall
notify the applicant in writing if the application is incomplete and
rejected, stating the deficiencies in the application and returning
the filing fee. The applicant may reapply, submitting the fee and
missing material at any time.
E.
A hearing pursuant to public notice, as defined herein, shall be
commenced by the Zoning Hearing Board within 60 days of submission
of a complete and properly filed application. Said hearing shall be
conducted in accordance with the procedures specified by this chapter
and state law.
F.
Burden of proof. In proceedings involving a request for a use by
special exception, both the duty of initially presenting evidence
and the burden of persuading the Zoning Hearing Board that the proposed
use is authorized as a use by special exception and satisfies the
specific or objective requirements for the grant of a use by special
exception as set forth in this chapter rest upon the applicant. The
applicant shall demonstrate that the request is not detrimental to
the health, safety, and welfare of the neighborhood.
G.
Conditions. In considering any special exception, the Zoning Hearing
Board may attach reasonable conditions and safeguards, in addition
to those expressed in this chapter, as the Board deems necessary to
implement the purposes of the MPC and this chapter. A violation of
such conditions and safeguards, when made a part of the terms under
which the special exception is granted, shall be deemed a violation
of this chapter, and upon a finding of violation, shall require that
the special exception use be discontinued until the violation is corrected.
When considering applications for conditional uses and special
exceptions the following general standards for all conditional uses
and special exceptions shall be met:
A.
In accordance with the Comprehensive Plan the use shall be consistent
with the spirit, purposes, and the intent of this chapter.
B.
Compliance with this chapter. The applicant shall establish by credible
evidence that the application complies with all applicable requirements
of this chapter. The applicant shall provide sufficient plans, studies
or other data to demonstrate compliance.
C.
Compliance with other laws. The approval may be conditioned upon
the applicant demonstrating compliance with other specific applicable
local, state and federal laws, regulations and permits.
D.
The application shall include proper site layout, internal circulation,
parking, buffering, and all other elements of proper design as specified
in this chapter.
E.
The applicant shall establish that the traffic from the proposed
use will be accommodated in a safe and efficient manner that will
minimize hazards and congestion and provide adequate access arrangements
after considering any improvements proposed to be made by the applicant
as a condition on approval.
F.
The proposed use shall not substantially change the character of
any surrounding residential neighborhood after considering any proposed
conditions upon approval.
G.
The proposed use shall not create a significant hazard to the public
health safety, and welfare.
H.
The proposed use shall be suitable for the property in question,
and designed, constructed, operated, and maintained so as to be in
harmony with and appropriate in appearance to the existing or intended
character of the general vicinity.
A.
In addition to the standards listed in this chapter and the general
standards for all conditional uses and special exceptions the following
specific standards shall be met when considering a specific request
for a conditional use or special exception as authorized in the tables
of authorized principal and accessory uses of this chapter.
B.
Not all conditional use and special exception uses authorized in
the tables of authorized principal and accessory uses have express
specific standards for the use identified in this section. In the
event that express specific standards are not listed for a use identified
as a special exception or conditional use in the Table of Authorized
Principal and Accessory Uses, the general standards for all conditional
uses and special exceptions shall still apply. In addition, the Council
may apply conditions identified in the Express Specific Standards
for Specific uses, on these uses, upon a finding that the use is similar
in nature to a specific use that is listed.
A.
Accessory dwelling units may be attached to the principal building,
a freestanding structure, or in conjunction with a permitted accessory
building on the lot.
B.
Accessory dwellings shall be required to have independent and separate
public utilities (including water, sewer, electric, gas, cable, etc.)
to serve the facility and shall not be connected in to the systems
of the principal use on the lot.
C.
Accessory dwelling units are only permitted in conjunction with owner
occupied properties, when the owner occupies one of the dwellings
on the lot.
D.
Only one accessory dwelling unit is permitted on a lot.
E.
Freestanding accessory dwelling units shall meet all the setback
requirements of the principal use of the lot.
A.
Purpose and applicability. This section shall apply to structures
not initially designed for permanent residential use and former corner
stores, public, semipublic and other large buildings (including schools,
churches, armories, and other civic structures) which lie within any
zoning district within the Borough. The purpose of this section is
adopted for the express purpose of encouraging the adaptive and flexible
reuse of such buildings within the Borough that might otherwise not
be permissible within the zoning district in which the building(s)
are located.
B.
Burden of proof. The applicant has the burden of proof, when doubt
exists, that the structure was initially designed and intended for
a use not now allowable in the zoning district in which it is located.
C.
Permitted reuses. Structures determined to meet the criteria of Adaptive
Reuses may be reused for the following purposes by conditional use:
(1)
Single-family dwelling.
(2)
Multiple-family dwelling.
(3)
Small commercial or retail establishments.
(4)
Private clubs or social halls; provided, that there are no sales
of alcohol on the premises.
(5)
Day-care facilities of all types.
(6)
Nursing or personal care homes.
(7)
Hospitals and medical clinics for humans.
(8)
Civic or cultural building.
(9)
Conference centers.
(10)
Community center.
(11)
Other such uses as determined appropriate upon recommendation
of the Planning Commission and approval of the Borough Council.
D.
Standards for exterior alterations. It shall be a condition of this
adaptive reuse that all exterior alterations shall meet Standards
for Historic Preservation if the property is considered historic.
Properties not required to meet the standards for historic preservation
shall make exterior alterations generally consistent with the original
structures architecture and the neighborhood in which it is located.
E.
Signage shall be limited to the type normally permitted in the district.
A.
Legislative findings. The Borough finds the following with respect
to adult business.
(1)
Adult businesses in any given area will cause blight and deterioration
in that area.
(2)
Properties that are adjacent to adult businesses will decrease
in value.
(3)
Businesses which are not adult-related in nature will not locate
in an area with adult businesses.
(4)
Neighborhoods adjacent to adult businesses are adversely affected
by the conduct of patrons of the adult businesses, who interfere with
the quiet, peaceful, and lawful enjoyment and use of the neighboring
properties.
(5)
Criminal activity has increased in connection with certain adult
businesses.
B.
Purpose. The purpose of this section is to protect the retail trade
of the Borough, prevent neighborhood blight, maintain stable property
values, maintain the quality of residential neighborhoods, and reduce
the potential for criminal activity.
C.
Intent. The intent of this section is not aimed at the content of
the material sold, conduct within, or content of films or books of
adult businesses, but rather to minimize and control the adverse secondary
effects of such businesses on the surrounding community and protect
the health, safety and welfare of its citizens; protect the citizens
from increased crime; preserve the quality of life; preserve the property
values and character of surrounding neighborhoods and deter the spread
of blight. Accordingly, this chapter permits adult businesses in certain
zoning districts, but regulates the time, place, and manner of adult
businesses.
D.
Adult businesses.
(1)
Adult businesses which are defined in this chapter shall only
be permitted in IND District when approved as a conditional use and
if all of the requirements of this section are adhered to. Adult businesses
shall not be permitted in any other zoning district.
(2)
Adult businesses shall only be permitted in the IND District
and shall also meet or exceed the following setback requirements.
The building shall be setback as follows:
(a)
The building shall be at least 250 feet in any direction from
any residential dwelling, (including multifamily buildings), also
at least 500 feet from any public park property (including such uses
in adjacent municipalities);
(b)
The building shall be at least 1,000 feet in any direction from
any school property, church property, preschool property, or child
day-care center property (including such uses in adjacent municipalities);
(c)
The building shall be at least 100 feet in any direction from
any hotel or motel (including such uses in adjacent municipalities);
and
(d)
The building shall be at least 2,500 feet in any direction from
any other building which is utilized for any other adult business
which is defined in this section (including such uses in adjacent
municipalities).
(3)
All activities pertaining to the adult business shall be conducted
entirely within the confines of the building. No theater which shows
adult-related films shall project the film outside the confines of
a building. No music or sound emitting from the business shall be
audible to normal human hearing at any time at any exterior property
line of the business.
(4)
Any adult business which has liquor for sale shall abide by
all rules and regulations of the Pennsylvania Liquor Control Board.
If any of the applicable regulations of the Liquor Control Board are
more stringent than the regulations specified in this section, those
regulations shall be adhered to by the applicant.
(5)
Unless governed by more stringent regulations by the Pennsylvania
Liquor Control Board, the following hours of operation shall be adhered
to by all adult businesses.
(6)
The maximum gross floor area of any building which is utilized
for an adult business shall be 5,000 square feet.
(7)
No adult business shall display an exterior sign which displays
obscene materials or which depicts nudity or sexually explicit activities.
All other regulations pertaining to commercial signs shall be complied
with.
(8)
Parking, landscaping, exterior lighting, and other required
site improvements shall be in accordance with the applicable sections
of this chapter.
(9)
To insure the regulations of this section are adhered to by
the applicant, the following information shall be provided with the
application for a conditional use.
(a)
A site survey of the property and building proposed for the
adult business and a survey illustrating the distance to the location,
size, and type of all buildings and uses within 2,500 feet of the
building proposed for the adult business. The survey shall be prepared
and sealed by a surveyor licensed by the Commonwealth of Pennsylvania
and shall be at a scale no less than one inch to 100 feet. The survey
shall indicate the scale, date drawn, north point, tax parcel number
of all parcels illustrated, the names of any roads or highways illustrated,
and shall be on paper measuring 24 inches by 36 inches. Twenty copies
of the survey shall be submitted with the application.
(b)
The above-referenced site survey shall indicate the proposed
parking layout, landscaping, lighting, sign location, building location,
and any other exterior improvements.
(c)
If liquor for sale is proposed, a copy of the license issued
by the Pennsylvania Liquor Control Board shall be submitted.
(11)
An applicant proposing an adult business shall satisfy all requirements
of the Zoning Ordinance which relate to general requirements for approval
of conditional uses.
E.
Additional regulations for nude model studios.
(1)
A nude model studio shall not employ any person under the age
of 18 years.
(2)
The studio owner or operator and any person under the age of
18 years commits a violation of this chapter if the person appears
seminude or in a state of nudity in or on the premises of a nude model
studio. It is a defense to prosecution under this subsection if the
person under 18 years was in a restroom not open to public view or
visible to any other person.
(3)
The studio owner or operator and any person commits a violation
of this part if the person appears in a state of nudity, or knowingly
allows another to appear in a state of nudity in an area of a nude
model studio premises which can be viewed from the public right-of-way.
(4)
A nude model studio shall not place or permit a bed, sofa, or
mattress in any room on the premises; except that a sofa may be placed
in a reception room open to the public.
A.
The operator shall be a full-time resident of the dwelling in which
the bed-and-breakfast is located.
B.
No more than four guest rooms shall be offered to transient overnight
guests.
C.
No meals, other than breakfast, shall be served on the premises.
Food may be prepared on the premises for consumption off the premises
by overnight guests. Food shall not be served to any customers who
are not overnight guests.
D.
In addition to the parking required for the dwelling, one parking
space shall be provided for each guest room offered to overnight guests.
E.
Off-street parking shall not be located in any front or side yard.
Parking located in the rear yard shall be screened from adjoining
properties in an SFR, or MU district by a compact six-foot evergreen
hedge.
A.
Carried on within an enclosed building.
B.
Screened along any property line that abuts a residential zoning
district.
C.
Repair bays shall not face an arterial street.
F.
Outside storage or parking of any disabled, wrecked, or partially
dismantled vehicle is not permitted for a period exceeding 10 days
during any thirty-day period.
G.
No building, structure, canopy, gasoline pump, or storage tank shall
be located within 25 feet of a residential zoning district.
H.
Body work and painting shall be conducted within fully enclosed buildings.
All motorized vehicles not in operating condition shall be kept in
fully enclosed buildings except as noted above.
Commercial recreation, subject to:
A.
Any use which proposes a maximum permitted occupancy of 200 or more
persons at any given time shall provide public water and public sewers
on the site. In the event public facilities are not sufficient to
support attendees, adequate sanitary facilities shall be provided
during the event, as approved by the Borough.
B.
Outdoor speakers shall not be permitted if there are dwellings within
500 feet of the site in any direction. If outdoor speakers are allowed,
the volume and direction shall be regulated to minimize the impact
on adjoining properties.
C.
Location of buildings and facilities, traffic circulation and parking
areas shall be designed to provide adequate access for emergency medical
vehicles and fire-fighting equipment.
D.
Any outdoor facility located within 200 feet of an existing dwelling
shall cease operations no later than 12:00 midnight.
E.
Indoor commercial recreation uses located in the CBD and MU Districts
shall maintain the facade of the structure in a manner consistent
with commercial businesses in the district, and shall not be permitted
to remove or black out existing glass or windows on the front facade
of the structure.
F.
At the discretion of the Borough, outdoor commercial recreation uses
shall be required to place fences, screening or other material as
necessary to prevent impacts to adjacent properties.
Conversion dwellings which increases the number of dwelling
units in the zoning districts where authorized shall be subject to
the following requirements:
A.
Each dwelling unit shall contain a minimum of 800 square feet of
gross floor area.
B.
Each dwelling unit shall have separate living, sleeping, kitchen
and sanitary facilities.
C.
The proposed conversion dwelling shall meet the minimum lot and area
requirements for similar dwelling types authorized within the district
in which it is located.
D.
Each dwelling unit shall have a separate entrance, either directly
from the outside or from a common corridor inside the structure.
E.
Conversion dwellings shall provide an additional one off-street parking space for each dwelling unit. The paving and design of the off-street parking spaces shall be in compliance with the requirements of Article VI, Parking.
F.
Conversion dwellings shall provide continuity in architectural design
and shall incorporate any proposed construction into the existing
structural features.
A.
A queuing lane(s) at least three car lengths shall be provided for
each drive-through lane and shall be designed for ease of traffic
circulation and to minimize congestion.
B.
All stacking and queuing shall be provided on site.
C.
Direct access to drive-through facilities in the CBD and MU Zoning
districts shall be generally encouraged from side streets and alleys
where possible.
D.
Drive-through lanes shall be distinctly marked by traffic islands
a minimum of three feet in width. A separate circulation drive shall
be provided for passage around and escape from the outermost drive-through
service lane. The Borough may consider alternative designs when it
is demonstrated that the drive-through is screened from view and that
traffic and pedestrian circulation is improved.
E.
The canopy shall be architecturally compatible with the principal
building.
A.
The use shall be subordinate to the facility's primary use as
a family residence.
B.
The use must be in compliance with all requirements of applicable
Building Codes and Fire Codes as adopted by the Borough, and the rules
and regulations of the Pennsylvania Department of Public Welfare relating
to home-based day care, and all other applicable laws, ordinances
and regulations.
C.
To the extent that those picking up and/or dropping off their children
do so by use of vehicles, adequate provision for off-street parking
shall be provided and/or sufficient on-street parking must be available,
as determined by the Borough Council, so as not to result in traffic
congestion, facilitate traffic movement and provide for maximum safety
and protection on the abutting residential streets.
D.
The Borough Council shall determine appropriate times of operation
and the quantity of children serviced by the home-based day care such
that the use will not disturb and/or disrupt the peaceful enjoyment
of the adjacent residential uses.
A.
Shall only be permitted in the SFR when the lot is located within
300 feet of the border of the Mu or CBD zoning districts.
A.
For any building (or portion thereof) which is proposed to contain
a methadone treatment facility, the lot upon which such building (or
portion thereof) sits shall not be located closer than 500 feet (or
the then current Pennsylvania statutory-provided distance, whichever
is greater) to a lot utilized for an existing school, public playground,
public park, residential housing area, residential lot, single-family
dwelling, child-care facility, church, meeting house or other actual
place of regularly scheduled religious worship established prior to
the proposed methadone treatment.
B.
Notwithstanding Subsection A above, a methadone treatment facility may be established and operated closer than 500 feet (or the then-current Pennsylvania statutory-provided distance, whichever is greater) to a lot utilized for an existing school, public playground, public park, residential housing area, residential lot, single-family dwelling, child-care facility, church, meeting house or other actual place of regularly scheduled religious worship established prior to the proposed methadone treatment, if, by majority vote, the governing body approves a use for said facility at such location. At least 14 days prior to any such vote by the governing body, one or more public hearings regarding the proposed methadone treatment facility location shall be held within the municipality pursuant to public notice. All owners of real property located within 500 feet of the proposed location shall be provided written notice of said public hearing(s) at least 30 days prior to said public hearing(s) occurring.
C.
All buildings proposed to contain a methadone treatment facility
shall fully comply with the requirements of the then-current edition
of the Pennsylvania Uniform Construction Code (UCC), Act 45 of 1999,
as amended, and as adopted by the Borough.
D.
In addition to the otherwise required number of parking spaces specified by Article VI of this chapter for the usage of the building proposed for a methadone treatment facility, additional parking shall be required specifically for the methadone treatment facility at a rate of one additional parking space for each 200 square feet of area devoted to the methadone treatment facility.
E.
Each building or portion thereof proposed for use as a methadone
treatment facility shall have a separate and distinct entrance utilized
solely for direct entrance into the methadone treatment facility.
Such separate and distinct entrance shall face a major street thoroughfare.
Access to the methadone treatment facility shall not be permitted
via a shared building entrance or from a shared interior corridor
within the building in which it is located.
B.
The minimum tract area shall be three contiguous acres. This minimum
tract area shall be under single ownership.
C.
The maximum average density of the tract shall be six dwelling units
per acre. To calculate this density, land in common open space or
proposed streets within the park may be included, but land within
the one-hundred-year floodplain, wetlands and slopes over 25% shall
not be included.
D.
Each mobile/manufactured home park shall include a thirty-five-foot-wide
landscaped area, including substantial attractive evergreen and deciduous
trees around the perimeter of the site, except where such landscaping
would obstruct safe sight distances for traffic. A planting plan for
such area shall be approved by the Borough as part of any required
use approval. Such landscaped area shall not be required between adjacent
mobile home park developments. The same area of land may count towards
both the landscaped area and the building setback requirements.
E.
A dwelling, including any attached accessory building, shall be set
back a minimum of 25 feet from another dwelling within the mobile
home park, except that unenclosed porches, awnings and decks may be
15 feet from the walls of another dwelling.
F.
The minimum separation between homes and edge of interior street
cartway or parking court cartway shall be 25 feet.
G.
The minimum principal and accessory building setbacks from exterior/boundary
lot lines and rights-of-way of preexisting public streets shall be
50 feet.
H.
A detached accessory structure or garage shall be separated a minimum
of 15 feet from any dwelling units to which the accessory structure
is not accessory.
I.
A minimum of 15% of the total lot area of the entire mobile home
park shall be set aside as common open space for the residents. The
applicant shall prove that these areas will be suitable for active
or passive recreation. If a development will not be restricted to
persons over age 55, then the common open space shall, at a minimum,
include a rectangular grass field, 100 feet by 200 feet, suitable
for free play by young persons. If a development will be restricted
to persons over age 55, then the common open space shall, at a minimum,
include landscaped paved trails. A recreation building or pool available
to all residents of the development may count towards this requirement.
J.
Streets.
(1)
Access to individual mobile home spaces shall be from interior
parking courts, access drives or private streets and shall not be
from public streets exterior to the development.
(2)
Streets within the mobile home park that provide access to reach
20 or more dwellings shall have a minimum paved cartway of 24 feet,
and other local private streets or parking courts serving less than
20 homes shall have a minimum paved cartway of 20 feet.
(3)
Curbs and sidewalks are not required on the private streets,
but all private streets shall meet all other Borough cartway construction
standards.
K.
All units within the mobile home park shall be connected to a public
water and a public sewage system. The system shall meet appropriate
minimum water pressure/fire flow and hydrant requirements. The applicant
shall prove that adequate provisions are made for solid waste disposal.
L.
Along through streets, a minimum nighttime lighting level of 0.2
foot-candle shall be maintained, at no expense to the Borough.
M.
A manufactured/mobile home park shall comply with all of the same
requirements of Borough ordinances that apply to a subdivision or
land development of site-built single-family detached dwellings, except
for requirements that are specifically modified by this section. This
includes, but is not limited to, submission, approval and improvement
requirements of the Borough's Subdivision and Land Development
Ordinance.[2]
A.
The permit application, or amended permit application, shall be accompanied
by a fee as established by resolution in the Borough Fee Schedule.
B.
When multiple wells are located on the same well pad, a separate
zoning permit for each well is required.
C.
In addition to the other requirements of this chapter the applicant
shall provide to the Borough at the time of application the following
information:
(1)
A narrative describing an overview of the project including
the number of acres to be disturbed for development, the number of
wells to be drilled including DEP permit number(s) for all wells,
if available, at the time of submittal and provided when issued later,
and the location, number and description of equipment and structures
to the extent known.
(2)
A narrative describing an overview of the project as it relates
to natural gas compressor stations or natural gas processing plants.
(3)
The address of the oil or gas well site, natural gas compressor
station or natural gas processing plant as determined by the County
911 addressing program and information needed to gain access in the
event of an emergency.
(4)
The contact information of the individual or individuals responsible
for the operation and activities at the oil or gas well site shall
be provided to the Borough and all applicable emergency responders
as determined by the Borough. Such information shall include a phone
number where such individual or individuals can be contacted twenty-four
hours per day, 365 days a year. Annually, or upon any change of relevant
circumstances, the applicant shall update such information and provide
it to the Borough and all applicable emergency responders as determined
by the Borough of Charleroi.
(5)
A site plan of the oil or gas well site showing the drilling
pad, planned access roads, the approximate location of derricks, drilling
rigs, equipment and structures and all permanent improvements to the
site and any post-construction surface disturbance in relation to
natural resources. Included in this map shall be an area within the
development site for vehicles to locate while gaining access to the
oil or gas well site configured such that the normal flow of traffic
on public streets shall be undisturbed.
(6)
To the extent that the information has been developed, the applicant
shall provide a plan for the transmission of gas from the oil or gas
well site. The plan will identify, but not be limited to gathering
lines, natural gas compressor stations, and other midstream and downstream
facilities located within the (municipality) and extending 800 feet
beyond the (municipality) boundary.
(7)
A site plan of the natural gas compressor station or natural
gas processing plant including any major equipment and structures
and all permanent improvements to the site.
(8)
A narrative and map describing the planned access routes to
the well sites on public roads including the transportation and delivery
of equipment, machinery, water, chemicals and other materials used
in the location, drilling, construction, maintenance and operation
of the oil or gas well site.
(9)
Operator shall comply with any generally applicable bonding
and permitting requirements for Charleroi roads that are to be used
by vehicles for site construction, drilling activities and site operations.
(10)
A description of, and commitment to maintain, safeguards that
shall be taken by the applicant to ensure that the Borough streets
utilized by the applicant shall remain free of dirt, mud and debris
resulting from site development activities; and the applicant's
assurance that such streets will be promptly swept or cleaned if dirt,
mud and debris occur as a result of applicant's usage.
(11)
A statement that the applicant will make the operation's
preparedness, Prevention and Contingency Plan available to the Borough
and all emergency responders at least 30 days prior to drilling of
an oil or gas well and at least annually thereafter while drilling
activities are taking place at the oil or gas well site.
(12)
An appropriate site orientation and training course of the preparedness,
prevention and contingency plan for all applicable emergency responders
as determined by the Borough. The cost and expense of the orientation
and training shall be the sole responsibility of the applicant. If
multiple wells/well pads are in the same area (covered by the same
emergency response agencies), evidence from the appropriate emergency
response agencies that a training course was offered in the last 12
months shall be accepted. Site orientation for each well/well pad
shall still be required for the appropriate emergency responders,
as determined by the Borough.
D.
Access.
(1)
Vehicular access to a natural gas well, oil well or well pad
solely via a residential street is not permitted.
(2)
Vehicular access to a natural gas well, oil well or well pad
via a collector street is encouraged.
(3)
Accepted professional standards pertaining to minimum traffic
sight distances for all access points shall be adhered to.
(4)
Access directly to state roads shall require Pennsylvania Department
of Transportation (PADOT) highway occupancy permit approval. Prior
to initiating any work at a drill site, the Borough shall be provided
a copy of the highway occupancy permit.
(5)
Access directly to Borough/county roads shall require a driveway
permit/highway occupancy permit prior to initiating any work at a
well site.
E.
Height.
(1)
Permanent structures associated with an oil and gas well site,
both principal and accessory, shall comply with the height regulations
for the zoning district in which the oil or gas well site is located.
(2)
Permanent structures associated with natural gas compressor
stations or natural gas processing plants shall comply with the height
regulations for the zoning district in which the natural gas compressor
station or natural gas processing plant is located.
(3)
There shall be an exception to the height restrictions contained
in this section for the temporary placement of drilling rigs, drying
tanks, pad drilling and other accessory uses necessary for the actual
drilling or re-drilling of an oil or gas well. The duration of such
exemption shall not exceed the actual time period of drilling or re-drilling
of an oil or gas well or pad drilling.
F.
Setbacks/location.
(1)
Drilling rigs and equipment shall be located a minimum setback
distance of one foot for every foot of height of equipment from any
property line, public or private street, or building not related to
the drilling operations on either the same lot or an adjacent lot.
(2)
Natural gas compressor stations and natural gas processing plants
shall comply with all general setback and buffer requirements of the
zoning district in which the natural gas compressor station or natural
gas processing plant is located.
(3)
Well pads shall be set back a minimum of 500 feet from any residential
property.
(4)
Well heads shall be located 800 feet from any residential property.
(5)
Recognizing that the specific location of equipment and facilities
is an integral part of the oil and gas development, and as part of
the planning process, operator shall strive to consider the location
of its temporary and permanent operations, where prudent and possible,
so as to minimize interference with Charleroi residents' enjoyment
of their property and future development activities as authorized
by the Borough's applicable ordinances.
G.
Screening and fencing.
(1)
Security fencing shall be required at oil or gas well sites
during the initial drilling, or redrilling operations.
(2)
Twenty-four-hour on-site supervision and security are required
during active drilling operations.
(3)
Upon completion of drilling or redrilling security fencing consisting
of a permanent chain link fence shall be promptly installed at the
oil or gas well site to secure well heads, storage tanks, separation
facilities, water or liquid impoundment areas, and other mechanical
and production equipment and structures on the oil or gas well site.
(4)
Security fencing shall be at least six feet in height equipped
with lockable gates at every access point and having openings no less
than 12 feet wide. Additional lockable gates used to access oil and
gas well sites by foot may be allowed, as necessary.
(5)
First responders shall be given means to access oil or gas well
sites in case of an emergency. Applicant must provide the County 911
Communications Center necessary information to access the well pad
in the event of an emergency.
(6)
Warning signs shall be placed on the fencing surrounding the
oil or gas well site providing notice of the potential dangers and
the contact information in case of an emergency. During drilling and
hydraulic fracturing, clearly visible warning signage must be posted
on the pad site.
(7)
In construction of oil or gas well sites, the natural surroundings
should be considered and attempts made to minimize impacts to adjacent
properties.
H.
Lighting.
(1)
Lighting at the oil or gas well site, or other facilities associated
with oil and gas development, either temporary or permanent, shall
be directed downward and inward toward the activity, to the extent
practicable, so as to minimize the glare on public roads and adjacent
properties.
(2)
Lighting at a natural gas compressor station or a natural gas
processing plant shall, when practicable, be limited to security lighting.
I.
Noise. The operator shall take the following steps to minimize, to
the extent possible, noise resulting from the oil or gas well development:
(1)
Prior to drilling of an oil or gas well, the operator shall
establish a continuous seventy-two-hour ambient noise level at the
nearest property line of a residence or public building, school, medical,
emergency or other public residence or public facility, or 100 feet
from the nearest residence or public building, school, medical, emergency
or other public residence or public facility, whichever point is closer
to the affected facility. In lieu of establishing the above seventy-two-hour
ambient noise level, the operator may assume and use, for the purposes
of compliance with this chapter, a default ambient noise level of
55 dBA. The sound level meter used in conducting any evaluation shall
meet the American National Standard Institute's standard for
sound meters or an instrument and the associated recording and analyzing
equipment which will provide equivalent data.
(2)
The operator shall provide documentation of any established,
seventy-two-hour evaluation, relied upon to establish an ambient noise
level greater than 55 dBA, to the zoning officer within three business
days of such a request.
(3)
The noise generated during drilling and hydraulic fracturing
activities shall not exceed the average ambient noise level (as determined
by the seventy-two-hour evaluation as identified in subsection 1)
or default level whichever is higher:
(a)
During drilling activities, by more than 10 decibels during
the hours of 7:00 a.m. to 9:00 p.m.
(b)
During drilling activities, by more than seven decibels during
the hours of 9:00 p.m. and 7:00 a.m. or by more than 10 decibels during
hydraulic fracturing operations. The operator shall inform the Borough
of which level (average ambient noise level or default level) is being
used.
(4)
Effective sound mitigation devices shall be installed to permanent
facilities to address sound levels that would otherwise exceed the
noise level standards.
(5)
Natural gas compressor stations and natural gas processing plants
or facilities performing the equivalent functions shall be constructed
so as to mitigate sound levels, or have installed mitigation devices
to mitigate sound levels so as to prevent such activity from being
a nuisance to nearby residential or public buildings, medical, emergency
or other public facilities.
(6)
If a complaint is received by the Borough regarding noise generated
during construction, drilling, or hydraulic fracturing activities,
or for natural gas compressor stations, natural gas processing plants
or midstream facilities, the operator shall, within 24 hours following
receipt of notification, begin continuous monitoring for a period
of 48 hours at the nearest property line to the complainant's
residential or public building or 100 feet from the complainant's
residential or public building, school, medical, emergency or other
public facilities, whichever is closer. The applicant shall report
the findings to the Borough and shall mitigate the problem to the
allowable level if the noise level exceeds the allowable rate.
J.
As a condition of approval, applicant shall provide all permits and
plans from the Pennsylvania Department of Environmental Protection
and other appropriate regulatory agencies within 30 days of receipt
of such permits and plans. A narrative describing the environmental
impacts of the proposed project on the site and surrounding land and
measures proposed to protect or mitigate such impacts shall be provided
to the Borough.
K.
Temporary housing for well site workers on the site is not permitted.
A.
When a Recording studio occupies an existing commercial structure
in the CBD or MU Zoning District, existing windows on the first floor
shall not be blacked out or removed. The recording studio should maintain
as much of the commercial character of the original structure as possible.
B.
Sound proofing shall be used to prohibit any noise from leaving the
premises.
A.
When located in the Central Business District (CBD) there shall be
nonresidential and/or business uses on the first floor with residential
uses on the second floor and above.
B.
First floor building facades in the CBD shall be designed to fit
the character and nature of the business district and shall not be
permitted to have blank walls and shall generally be designed to look
like a commercial store front.
A.
Operations shall cease between the hours of 2:00 a.m. and 11:00 a.m.
prevailing time, and the establishment may not be open to the public
during those hours.
B.
Shall not be located closer than 600 feet to another similar existing
use.
C.
Operations shall be regulated so that nuisances such as excessive
noise levels shall not be created.
Urban agriculture, limited (no animals) shall be subject to
the following standards:
A.
The keeping of poultry, birds, livestock or other farm animals is
not permitted.
B.
The keeping of bees is permissible, subject to the same conditions
as urban agriculture, accessory uses.
C.
No processing of products grown on the site is permitted.
D.
All structures shall be subject to any required setbacks of the zoning
district, but shall in all cases be a minimum of 10 feet from any
property line.
E.
All seed, fertilizer, or similar products shall be stored in a secured,
rodent-proof container and housed within an enclosed structure.
Urban agriculture, accessory use, shall be subject to the following
standards:
A.
A minimum of 20% of the existing lot size must be impervious surface
in order to be permitted to keep poultry or bees.
B.
All seed, fertilizer, and animal feed shall be stored in a secured,
rodent-proof container and housed within an enclosed structure.
C.
Keeping of Poultry Birds requires a minimum lot size of 2,500 square
feet. Lots or properties that meet the minimum lot size are permitted
three poultry birds.
D.
All structures related to the housing of poultry birds shall be at
least six square feet in size and a minimum of two square feet per
additional poultry bird.
E.
Roosters are not permitted.
F.
The hen house and/or pen shall be properly designed and constructed
to provide adequate security from rodents and predators. Sufficient
ventilation and suitable shelter for hens must be provided. The hen
house may not be taller than six feet and must be easily accessible
for cleaning and maintenance. Any windows must be screened with chicken
wire to protect the hens from predators.
G.
For property with a minimum of 2,500 square feet in size, the property
owner is permitted to keep two beehives. For every additional 2,500
square feet of property, the owner is permitted two additional beehives.
H.
All structures necessary for and related to the housing of bees shall
be subject to any required setbacks of the underlying zoning district,
and shall otherwise be set back at least 10 feet from any property
line. Beehives shall not be located in the front yard.
I.
Ground-mounted beehives shall be located no higher than six feet
from grade.
J.
Ground-mounted beehives shall be permitted in the rear yard only,
and shall be provided an enclosed barrier along the property line
six feet in height consisting of a solid fence, dense vegetation or
combination thereof, and in cases where there is ample yard-area,
a flyway may be substituted for perimeter barriers, consisting of
six-foot high barriers on both sides of the bee colony, creating a
channel extending 20 feet in each direction beyond each bee colony
entrance;
K.
Roof-mounted beehives shall not be permitted.
L.
All animal structures and roaming areas shall be kept sanitary and
free from accumulations of animal excrement and objectionable odor.
M.
Outdoor roaming areas for poultry birds shall be sufficiently enclosed
and screened from the street and neighboring properties to protect
them from vehicular traffic, and to minimize external impacts of the
outdoor roaming areas; and
N.
The keeping of poultry birds or honeybees shall be permitted as an
accessory use only where there is an occupied residence.
O.
The keeping of livestock or other farm animals shall not be permitted
as an accessory use.
A.
It is the intent of this chapter to group similar or compatible land
uses into specific zoning districts. Uses which are not specifically
listed in the Tables of Authorized Uses (Principal and Accessory)
may be permitted upon finding by the Borough that the proposed use
is similar to a use listed in the Tables of Authorized Uses.
B.
If a property owner or user asserts that a proposed use is not provided
for in the Table of Authorized Uses (Principal and Accessory) the
property owner or user shall file an application for conditional use
with the Borough and which shall review and make a determination if
the proposed use is similar to another use contained in the Table
of Authorized Uses.
C.
If the Borough finds the use is similar to an existing use contained
in the table it may permit the use subject to the same conditions
and requirements of that use including the district in which it may
be located.
D.
In considering if a proposed use is similar to an existing use contained
in the Table of Authorized Uses (Principal and Accessory) the Borough
in not limited to assertions of the applicant that the use is similar
to a specific listed use, but instead may consider all uses (Principal
and Accessory) contained in the Tables of Authorized Uses.
E.
If the Borough finds the use is similar to an existing use all other
provisions of this chapter and all codes and ordinances of the Borough
shall apply.
Large wind energy production facility. Large wind energy production
facilities shall be subject to the following regulations:
A.
The layout, design, and installation of large wind energy production
facilities shall conform to applicable industry standards, including
those of the ANSI, Underwriters Laboratories (UL), the ASTM, or other
similar certifying organizations, and shall comply with the Pennsylvania
Uniform Construction Code (UCC), Act 45 of 1999, as amended and with
all other applicable fire and life safety requirements. The manufacturer
specifications shall be submitted as part of the application.
B.
Large wind energy production facilities shall not generate noise
which exceeds 55 decibels measured at any property line.
C.
All on-site utility and transmission lines extending to and from
the large wind energy production facility shall be placed underground.
D.
All large wind energy production facilities shall be equipped with
a redundant braking system. This includes both aerodynamic overspeed
controls (including variable pitch, tip, and other similar systems)
and mechanical brakes. Mechanical brakes shall be operated in a fail-safe
mode. Staff regulation shall not be considered a sufficient braking
system for overspeed protection.
E.
Large wind energy production facilities shall not be artificially
lighted, except to the extent required by the FAA.
F.
Wind turbines and towers shall not display advertising, except for
reasonable identification of the large wind energy production facility's
manufacturer. Such sign shall have an area of less than four square
feet.
G.
Wind turbines and towers shall be a nonobtrusive color such as white,
off-white or gray.
H.
All large wind energy production facilities shall, to the extent
feasible, be sited to prevent shadow flicker on any occupied building
on adjacent lot.
I.
A clearly visible warning sign concerning voltage shall be placed
at the base of all pad-mounted transformers and substations or fence.
J.
All access doors to wind turbines and electrical equipment shall
be locked or fenced, as appropriate, to prevent entry by nonauthorized
persons.
K.
No portion of any large wind energy production system shall extend
over parking areas, access drives, driveways or sidewalks.
L.
All large wind energy production facilities shall be independent
of any other structure and shall be located a minimum distance of
1.1 times the turbine height from any inhabited structure, property
line, street right-of-way, or overhead utility line.
M.
The minimum height of the lowest position of the wind turbine shall
be 30 feet above the ground.
N.
All large wind energy production facilities shall be completely enclosed
by a minimum eight-foot high fence with a self-locking gate, or the
wind turbines' climbing apparatus shall be limited to no lower
than 12 feet from the ground, or the wind turbines' climbing
apparatus shall be fully contained and locked within the tower structure.
O.
The large wind energy production facility owner is required to notify
the Borough immediately upon cessation or abandonment of the operation.
The large wind energy production facility owner shall then have 12
months in which to dismantle and remove the large wind energy production
facility from the lot. At the time of issuance of the permit for the
construction of the large wind energy production facility, the owner
shall provide financial security in form and amount acceptable to
the Borough to secure the expense of dismantling and removing said
structures.
Small wind energy system. Small wind energy systems shall be
permitted in all zoning districts as accessory uses and accessory
structures and shall be subject to the following regulations:
A.
The design and installation of all small wind energy systems shall
conform to applicable industry standards, including those of the ANSI,
Underwriters Laboratories (UL), the ASTM, or other similar certifying
organizations, and shall comply with the Pennsylvania Uniform Construction
Code (UCC), Act 45 of 1999, as amended and with all other applicable
fire and life safety requirements. The manufacturer specifications
shall be submitted as part of the application.
B.
No more than one small wind energy system shall be permitted per
lot.
C.
Small wind energy systems shall not generate noise which exceeds
55 decibels measured at any property line.
D.
Small wind energy systems shall not be artificially lighted, except
to the extent required by the FAA.
E.
All on-site utility and transmission lines extending to and from
the small wind energy system shall be placed underground if a separate
structure. If affixed to an existing structure there shall be no exposed
wires.
F.
No part of any small wind energy system shall be located within or
above any front yard, along any street frontage, nor within any required
setback of any lot.
G.
The maximum height of any small wind energy system shall not exceed
the maximum height of the zoning district in which it is located.
H.
No portion of any small wind energy system shall extend over parking
areas, access drives, driveways or sidewalks.
I.
The minimum height of the lowest position of the wind turbine shall
be 15 feet above the ground.
J.
All small wind energy systems shall be completely enclosed by a minimum
eight-foot high fence with a self-locking gate, or the wind turbine's
climbing apparatus shall be limited to no lower than 15 feet from
the ground, or the wind turbine's climbing apparatus shall be
fully contained and locked within the tower structure.
K.
Small wind energy systems shall not display advertising, except for
reasonable identification of the small wind energy system's manufacturer.
Such sign shall have an area of less than four square feet.
L.
When an accessory building is necessary for storage cells or related
mechanical equipment, the accessory building shall not have a floor
area exceeding 200 square feet, and shall comply with the accessory
building requirements specified within each zoning district.
M.
Accessory buildings shall not be located within any front yard or
along any street frontage, nor within any required setback of any
lot.
N.
The owner shall provide a copy of the letter from the electric utility
company indicating that it has received and processed an application
for interconnection of renewable generation equipment with the application
for a zoning permit. The owner shall provide a copy of the final inspection
report or other final approval from the electric utility company to
the Borough prior to the issuance of a certificate of use and occupancy
for the small wind energy system. Off-grid systems shall be exempt
from this requirement.
O.
The owner of the small wind energy system shall, at the owner's
expense, complete decommissioning within 12 months after the end of
the useful life of the small wind energy system. It shall be presumed
that the wind turbine is at the end of its useful life if no electricity
is generated for a continuous period of 12 months.
P.
The owner of the small wind energy system shall provide evidence
that the owner's insurance policy has been endorsed to cover
damage or injury that might result from the installation and operation
of the small wind energy system.
