Borough of Sharpsburg, PA ARTICLE V Performance Standards and Supplementary Regulation

§ 27-501 Performance standards.

1. Compliance required.

A. All uses must comply with the requirements of this chapter and the landowner and/or developer must demonstrate that a proposed use can comply with the standards below prior to Sharpsburg Borough issuing approval and operation commencing on the lot. Compliance must be determined by the Zoning Officer with respect to permitted uses, by the Zoning Hearing Board with respect to special exceptions, and by the Borough Council with respect to conditional uses. In order to determine whether a proposed use will conform to the requirements of this article, Sharpsburg Borough may obtain a qualified consultant's report, whose cost for services will be borne by the applicant.

B. All uses that require new facilities or expansion of existing facilities, such as sewers, storm drains, fire hydrants, potable water, public streets, streetlighting and similar services, will obtain such approval as required by the agency providing such service prior to project approval. No availability of essential services is permitted to be grounds for denying permits for additional development until such services are available. The jurisdiction is not obligated to extend or supply essential services if capacity is not available. If capacity is available, the extension of services will be by and at the cost of the landowner and/or developer, unless the jurisdiction agrees otherwise. All service extensions are to be designed and installed in full conformance with the jurisdiction's standards for such service and be subject to review, permit and inspection as required by other policies or ordinances of the jurisdiction.

2. Fire protection. Fire-protection and firefighting equipment, procedures and safety protocols acceptable to Sharpsburg Borough Fire Standards and the National Fire Protection Association must be readily available and followed where there is any activity involving the handling or storage of flammable or explosive material.

3. Radioactivity; electrical disturbances. Unless otherwise permitted by Sharpsburg Borough for medical purposes, no activity can emit radioactivity at any point or cause electrical disturbance adversely affecting the operation of radio or other equipment in the vicinity.

4. Noise. The sound level of any use within this district may not exceed, at any point along the boundary of the lot on which the use is to be undertaken, federal standards or recommended decibel levels in the designated octave bands, except for emergency alarm systems. Sound levels can be projected in accordance with similar or identical operations or uses and be measured with a sound level meter and associated octave band analyzer manufactured according to standards prescribed by the American Standards Association. Measurements must be made using the same measuring system which may now or hereafter be utilized by the United States government for this purpose.

5. Vibrations. Except temporary vibration resulting from construction activity, vibrations detectable without instruments on any adjacent lot in any zone will be prohibited.

6. Dust, fumes, vapor and gas control. The emission of dust, dirt, flash, fumes, vapors or gases which cause any damage to human health, animals, vegetation or other forms of property, or which can cause soiling or staining of persons or property at any point beyond the lot line of the use creating such emission, is hereby prohibited. No emission of liquid or solid particulate from any chimney or stack or otherwise can exceed 0.03 grains per cubic foot of the covering gas at any point beyond the lot line of the use creating the emission. Identical processes or facilities may be compared to determine compliance with this subsection. For measurement for the amount of particles discharged as stated above, measurement procedures will follow those then employed by the Pennsylvania Department of Environmental Protection for similar or identical measurements.

§ 27-502 Supplementary regulations.

1. Drainage facilities and floodplains. The provisions of Borough Ordinance No. 378 related to drainage facilities and Borough Ordinance No. 528 related to floodplains are applicable to matters of zoning within the Borough.

[Amended at time of adoption of Code (see AO)]

2. Airport hazard areas. Where applicable, Federal Aviation Administration requirements apply to ensure the safety of development impacted by airports. The Borough and Allegheny County Economic Development will provide an applicant with applicable permitting requirements and restrictions.

3. Wireless communications facilities.

[Amended 9-22-2022 by Ord. No. 22-05]

A. General requirements for all wireless communications facilities. The following regulations shall apply to all wireless communications facilities:

(1) Noncommercial usage exemption. Borough citizens utilizing satellite dishes and antennas for the purpose of maintaining amateur radio, television, phone and/or internet connections at their respective residences shall be exempt from the requirements of this § 27-502, Subsection 3.

(2) Standard of care.

(a) All WCFs shall be designed, constructed, and maintained in strict compliance with the applicable requirements of the FAA, FCC, and any other federal, state or local regulatory authority, and all current applicable technical, safety and safety-related codes, including but not limited to the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, National Electrical Code, and the structural standards of the American Association of State Highway and Transportation Officials or any other industry standard applicable to the structure. Any WCF shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or damage any property in the Borough.

(b) If such standards or regulations are changed, the owner of the WCF shall bring such WCF into compliance with the revised standards within six months of the effective date of such standards or regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring such facilities into compliance shall constitute grounds for revocation of the zoning permit for the WCF.

(3) Engineer inspection. Any information of an engineering nature that is submitted by the WCF applicant, whether civil, mechanical, structural, or electrical, shall be certified by a licensed professional engineer.

(4) Eligible facilities requests. WCF applicants proposing a modification to an existing WCF that constitutes an eligible facilities request shall be required only to obtain a building permit from the Borough Zoning Officer. In order to be considered for such permit, the WCF applicant must submit a permit application to the Borough Zoning Officer in accordance with applicable permit policies and procedures. Such permit application shall clearly state that the proposed modification constitutes an eligible facilities request pursuant to the requirements of 47 CFR 1.6100. The permit application shall clearly detail all dimensional changes being made to the WCF and wireless support structure.

(5) Wind and ice. All WCFs shall be designed to withstand the effects of wind gusts and ice to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSI/TIA-222, as amended), or to the industry standard applicable to the structure.

(6) Aviation safety. WCFs shall comply with all applicable federal and state laws and regulations concerning aviation safety.

(7) Public safety communications. No WCF shall interfere with public safety communications or the reception of broadband, television, radio or other communication services.

(8) Signs. All WCFs shall post a sign in a readily visible location clearly identifying the owner of the WCF and the name and phone number of a party to contact in the event of an emergency. The only other signage permitted on the WCF shall be those required by the FCC or any other federal or state agency.

(9) Radio frequency emissions. No WCF may, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards and regulations of the FCC, including but not limited to the FCC Office of Engineering Technology Bulletin 65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended. The WCF applicant shall submit proof of compliance with all applicable standards relating to radio frequency emissions as part of any complete WCF application.

(10) Noise. WCFs shall be operated and maintained so as not to produce noise in excess of applicable noise standards under state law and Chapter 10, Part 7 of the Borough Code of Ordinances, except in emergencies requiring the use of a backup generator, where such noise standards may be exceeded on a temporary basis only as permitted by the Borough.

(11) Reservation of rights. In accordance with applicable law, the Borough reserves the right to deny an application for the construction or placement of any WCF.

(12) Third-party permission. Where a proposed WCF or any part thereof will be located on a property or structure owned by a party other than the WCF applicant, the WCF applicant shall present documentation to the Borough that the owner of the property has granted an easement or other property right to the WCF applicant permitting construction of the proposed WCF.

(13) Permit fees. The Borough may assess appropriate and reasonable permit fees directly related to the Borough's actual costs in reviewing and processing the application for approval of a WCF. Such permit fees shall be established by the Borough fee schedule, and may be amended by Borough Council.

(14) Retention of experts. The Borough may hire any consultant(s) and/or expert(s) necessary to assist the Borough in reviewing and evaluating the application for approval of a co-located WCF or tower-based WCF at its sole discretion and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of these WCF provisions. The WCF applicant and/or owner of the WCF shall reimburse the Borough for all costs of the Borough's consultant(s) in providing expert evaluation and consultation in connection with these activities.

(15) Abandonment; removal. In the event that use of a WCF is to be discontinued, the owner shall provide written notice to the Borough of its intent to discontinue use and the date when the use shall be discontinued. A WCF not operated for a period of six months shall be considered abandoned. Discontinued or abandoned WCFs, or portions of WCFs, shall be removed as follows:

(a) All abandoned or unused WCFs and accessory equipment shall be removed within 90 days of the cessation of operations at the site or receipt of notice that the WCF has been deemed abandoned by the Borough, unless a time extension is approved by the Borough.

(b) If the WCF or accessory equipment is not removed within 90 days of the cessation of operations at a site, or within any longer period approved by the Borough, the WCF and/or accessory equipment may be removed by the Borough and the cost of removal assessed against the owner of the WCF regardless of the owner's or operator's intent to operate the WCF in the future.

(c) Where there are two or more users of a single WCF, this provision shall not become effective until all users have terminated use of the WCF for a period of six months.

(16) Maintenance. To the extent permitted by law, the following maintenance requirements shall apply:

(a) The WCF shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.

(b) Such maintenance shall be performed to ensure the upkeep of the WCF in order to promote the safety and security of the Borough's residents.

(17) Inspection. The Borough and/or its third-party inspection company reserves the right to inspect any WCF to ensure compliance with the provisions of this section and any other provisions found within the Borough Code or state or federal law.

(18) Duration of permit. A permit for a WCF shall have a term of five years. Such permit shall be renewed for an additional five-year term if the WCF applicant is in compliance with the criteria set forth in this § 27-502, Subsection 3, and the WCF applicant has obtained all necessary consent from the owner of the property upon which the WCF is located. The WCF applicant shall submit proof of such compliance with all requirements of this § 27-502, Subsection 3, prior to the expiration of any five-year term.

(19) Time frames for review. The following table details the applicable time frames for review of each type of WCF application:

Type of WCF/Application	Notice of Incompleteness	Final Decision
Co-located WCF	30 calendar days from receipt of application for initial notice; 10 calendar days from receipt of supplemental application for subsequent notices	90 total calendar days from receipt of initial application
Eligible facilities request	30 calendar days from receipt of initial application; 10 calendar days from receipt of supplemental application for subsequent notices	60 total calendar days from receipt of initial application
Small WCF (co-located)	10 business days from receipt of initial or supplemental application	60 total calendar days from receipt of initial application
Small WCF (new or replacement wireless support structure)	10 business days from receipt of initial or supplemental application	90 total calendar days from receipt of initial application
Tower-based WCF	30 calendar days from receipt of application for initial notice; 10 calendar days from receipt of supplemental application for subsequent notices	150 total calendar days from receipt of initial application

B. Specific requirements for co-located wireless communications facilities. The following regulations shall apply to co-located WCFs that do not meet the definition of a small WCF:

(1) Location requirements. Co-located WCFs shall be permitted outside the public rights-of-way in all zoning districts as a permitted use.

(2) Application requirements. Applications for co-located WCFs shall include the following:

(a) The name and contact information, including phone number, for both the WCF applicant and, if different, the owner of the proposed co-located WCF.

(b) A cover letter detailing the location of the proposed site, all equipment being proposed as part of the co-located WCF, and a certification that the WCF applicant has included all information required by the Borough Code, signed by a representative of the WCF applicant.

(c) A site plan, drawn to scale, showing property boundaries, power location, total height of the co-located WCF, the entirety of the structure upon which the co-located WCF will be co-located, and antenna and accessory equipment dimensions and locations.

(d) A before-and-after depiction of the proposed site, such as a construction drawing, showing all equipment being proposed as part of the co-located WCF.

(e) If the co-located WCF is proposed for location on a wireless support structure that currently supports existing WCFs or other attachments, the depiction shall show the location and dimensions of all such attachments.

(f) The manufacturer and model, proposed location, and physical dimensions (including volume) of each piece of equipment proposed as part of the co-located WCF.

(g) An aerial photograph of the proposed site showing the area within 500 feet of the co-located WCF. The aerial photograph shall identify all structures within such radius.

(h) Photo simulations depicting the co-located WCF from at least two locations near the proposed site. The photo simulations should reflect the proposed design and location of all equipment associated with the co-located WCF.

(i) A written certification by a structural engineer licensed in the Commonwealth of Pennsylvania confirming that the proposed co-located WCF and wireless support structure are structurally sound and shall not endanger public health and safety.

(j) A report by a qualified engineering expert which shows that the co-located WCF will comply with applicable FCC regulations, including applicable standards for radiofrequency emissions.

(k) All application fees required by the Borough as detailed in the Borough fee schedule.

(3) Development regulations.

(a) Co-located WCFs shall not be located on any single-family dwelling, two-family dwelling, or residential accessory structure.

(b) Co-located WCFs shall not be located in the right-of-way.

(c) A co-located WCF shall be permitted to exceed the preexisting height of the structure upon which the co-located WCF is attached by no more than 12 feet.

(d) If a communications equipment building proposed for the operation of the co-located WCF, the following regulations apply:

1) A communications equipment building may be located on the structure or building on which the co-located WCF is located.

2) Screening must be provided at an opacity and height to obscure 85% of the proposed antenna base.

3) Any communications equipment building where the area encompassing the communications equipment building is equal to or less than 100 square feet will be subject to the height and setback requirements of the zone for an outbuilding. Any communications equipment building where the area encompassing the communications equipment building is greater than 100 square feet will be subject to the height and setback requirements of the zone for a primary building or structure.

(e) A security fence with a minimum height of eight feet shall surround any separate communications equipment building. Vehicular access to the communications equipment building, if necessary, shall not interfere with the parking or vehicular circulations on the site for the principal use.

(f) Co-located WCFs shall employ stealth technology and be treated to match the supporting structure in order to minimize aesthetic impact. The application of the stealth technology chosen by the WCF applicant shall be subject to the approval of the Borough.

(g) The minimum setback for any co-located WCF shall be five feet from any lot line.

(4) Removal, replacement, modification. The removal, replacement or modification of co-located WCFs and/or accessory equipment for the purpose of upgrading or repairing the WCF is permitted, so long as such removal, replacement or modification does not substantially change the dimensions of the underlying support structure. Any modification that constitutes a substantial change to a WCF shall require a prior amendment to the original permit or authorization.

(5) Historic buildings. No co-located WCF may be located on a property that is listed on the National or Pennsylvania Registers of Historic Places.

C. Specific requirements for tower-based wireless communications facilities outside the rights- of-way. The following regulations shall apply to all tower-based wireless communications facilities located outside the rights-of-way that do not meet the definition of a small WCF:

(1) Location. Tower-based WCFs may be located outside the rights-of-way as a conditional use in the I Industrial District.

(2) Application requirements.

(a) A WCF applicant proposing a new tower-based WCF shall submit a special exception application to the Zoning Hearing Board in accordance with Article IV of the Borough Zoning Ordinance and this § 27-502, Subsection 3.

(b) A special exception application shall include all materials required by Article IV of the Borough Zoning Code, as well as the following information:

1) The name and contact information, including phone number, for both the WCF applicant and the owner of the proposed tower-based WCF.

2) A cover letter detailing the location of the proposed site, all equipment being proposed as part of the tower-based WCF, and a certification that the WCF applicant has included all information required by the Borough Code, signed by a representative of the WCF applicant.

3) A site plan, drawn to scale, showing property boundaries, power location, total height of the tower-based WCF, guy wires and anchors, existing structures, elevation drawings, typical design of proposed structures, parking, fences, landscaping and existing uses on adjacent properties.

4) The conditional use application shall include aerial photographs of the area within a one-quarter-mile radius of the proposed tower-based WCF and identify all existing WCFs and potential co-location opportunities in that area.

5) The manufacturer and model, proposed location, and physical dimensions (including volume) of each piece of equipment proposed as part of the tower-based WCF.

6) Photo simulations depicting the tower-based WCF from at least two locations near the proposed site. The photo simulations should reflect the proposed design and location of all equipment associated with the tower- based WCF.

7) A written certification by a structural engineer licensed in the Commonwealth of Pennsylvania confirming that the proposed tower-based WCF and wireless support structure are structurally sound and shall not endanger public health and safety.

8) Documentation showing that the owner of the property has granted an easement, if necessary, for the proposed WCF and that vehicular access will be provided to the facility, if the tower-based WCF is proposed for location on a property that is not owned by the WCF applicant.

9) Documentation demonstrating that the proposed tower-based WCF complies with all state and federal laws and regulations concerning aviation safety.

10) A written commitment that the WCF applicant will allow other service providers to Collocate antennas on tower-based WCFs where technically and economically feasible. No additional antennas may be installed on a tower-based WCF without obtaining the prior written approval of the Borough.

11) A written certification by a structural engineer licensed in the Commonwealth of Pennsylvania confirming that the proposed tower-based WCF and wireless support structure are structurally sound and shall not endanger public health and safety.

12) A report by a qualified engineering expert which shows that the tower-based WCF will comply with applicable FCC regulations, including applicable standards for radiofrequency emissions.

13) All application fees required by the Borough as detailed in the Borough fee schedule.

(3) Notice. Upon submission of an application for a tower-based WCF and the scheduling of the public hearing upon the application, the WCF applicant shall mail notice to all owners of every property within 500 feet of the proposed facility. Such notice shall be provided a minimum of 10 days in advance of such public hearing. The WCF applicant shall provide proof of the notification to the Borough.

(4) Co-located and siting. An application for a new tower-based WCF shall not be approved unless the Borough finds that the antenna and accessory equipment planned for the proposed tower-based WCF cannot be co-located on an existing or approved structure or building or on Borough property. The Zoning Hearing Board may deny an application to construct a new tower-based WCF if the WCF applicant has not made a good faith effort to mount the antenna(s) on an existing structure as set forth in this section. The WCF applicant shall demonstrate that it contacted the owners of tall structures, buildings and towers within a 1/4 of a mile radius of the site proposed, sought permission to install an antenna on those structures, buildings and towers, and was denied for one of the following reasons:

(a) The proposed antenna and accessory equipment would exceed the structural capacity of the existing building, structure or tower, and its reinforcement cannot be accomplished at a reasonable cost.

(b) The proposed antenna and accessory equipment would cause radio frequency interference with other existing equipment for that existing building, structure or tower, and the interference cannot be prevented at a reasonable cost.

(c) Such existing buildings, structures or towers do not have adequate location, space, access or height to accommodate the proposed antenna and accessory equipment or to allow it to perform its intended function.

(d) A commercially reasonable agreement could not be reached with the owner of such building, structure or tower.

(5) Development regulations.

(a) Tower-based WCFs shall not be located in, or within 50 feet of an area in which utilities are primarily located underground.

(b) Tower-based WCFs shall not be located in the right-of-way.

(c) The minimum lot for a tower-based WCF shall comply with the requirements for the applicable zoning district and shall be the area needed to accommodate the tower-based WCF and guy wires, the communications equipment building, security fence, buffer planting and mandatory setbacks.

(d) The minimum distance between the base of a tower-based WCF and any adjoining property line or street right-of-way line shall equal 150% of the proposed height of the tower-based WCF, unless the WCF applicant shows to the satisfaction of the Zoning Hearing Board that the proposed tower-based WCF has been designed in such a manner that a lesser setback will have no negative effects on public safety.

(6) Design regulations.

(a) The WCF shall employ the most current stealth technology available in an effort to appropriately blend into the surrounding environment and minimize aesthetic impact. In addition to the other design requirements enumerated in this section, the application of the stealth technology chosen by the WCF applicant shall be subject to the approval of the Borough.

(b) To the extent permissible by law, any height extensions to an existing tower-based WCF shall require prior approval of the Borough.

(c) Any proposed tower-based WCF shall be designed structurally, electrically, and in all respects to accommodate both the WCF applicant's antennas and comparable antennas for future users.

(d) The tower-based WCF may be equipped with an anticlimbing device, as approved by the manufacturer.

(7) Surrounding environs. The WCF applicant shall ensure that the existing vegetation, trees and shrubs located within proximity to the WCF structure shall be preserved to the maximum extent possible.

(8) Fence/screen.

(a) A security fence with a minimum height of eight feet shall completely surround any tower-based WCF, as well as guy wires, or any communications equipment building.

(b) The base of the tower-based WCF shall be landscaped so as to screen the foundation, base and any communications equipment building from abutting properties.

(9) Permit required for modifications. To the extent permissible under applicable state and federal law, any WCF applicant proposing the modification of an existing tower-based WCF shall first obtain the applicable permit from the Borough Zoning Department, in accordance with the Borough's permitting practices.

(10) Additional antennas. As a condition of approval for all tower-based WCFs, the WCF applicant shall provide the Borough with a written commitment that it will allow other service providers to co-locate antennas on tower-based WCFs where technically feasible. The owner of a tower-based WCF shall not install any additional antennas without obtaining the prior written approval of the Borough.

(11) Height. Tower-based WCFs shall be designed and kept at the minimum functional height. The maximum height of any tower-based WCF shall be 100 feet. No WCF applicant shall have the right under these regulations to erect a tower-based WCF to the maximum height specified in this section unless it proves the necessity for such height.

(12) Communications equipment buildings. Any communications equipment building where the area encompassing the communications equipment building is equal to or less than 100 square feet will be subject to the height and setback requirements of the zone for an outbuilding. Any communications equipment building where the area encompassing the communications equipment building is greater than 100 square feet will be subject to the height and setback requirements of the zone for a primary building or structure.

(13) Historic buildings or districts. No tower-based WCF may be located on a property that is listed on the National or Pennsylvania Registers of Historic Places.

(14) Lighting. No tower-based WCF shall be artificially lighted, except as required by law. If lighting is required, the WCF applicant shall provide a detailed plan for sufficient lighting demonstrating as unobtrusive and inoffensive an effect as is permissible under state and federal regulations. The WCF applicant shall promptly report any outage or malfunction of FAA-mandated lighting to the appropriate governmental authorities and to the Borough Manager.

(15) Nonconforming uses. Nonconforming tower-based WCFs which are hereafter damaged or destroyed due to any reason or cause may be repaired and restored at their former location but must otherwise comply with the terms and conditions of this chapter.

(16) FCC license. Each person that owns or operates a tower-based WCF shall submit a copy of its current FCC license, including the name, address and emergency telephone number for the operator of the facility.

(17) Financial security. Prior to receipt of a zoning permit for the construction or placement of a tower-based WCF, the WCF applicant shall provide to the Borough financial security sufficient to guarantee the removal of the tower-based WCF. Said financial security shall remain in place until the tower-based WCF is constructed.

D. Specific requirements for small wireless communications facilities. The following regulations shall apply to all small wireless communications facilities:

(1) Location requirements.

(a) All small WCFs inside the rights-of-way and small WCFs that are co-located on existing structures outside the rights-of-way shall be a permitted use in all Borough zoning districts, subject to the requirements of this § 27-502.3 and generally applicable permitting as required by the Borough Code.

(b) Small WCFs requiring the installation of a new wireless support structure shall be a permitted use in the I Industrial District, subject to the requirements of this § 27-502.3 and generally applicable permitting as required by the Borough Code.

(2) Application requirements.

(a) Applications for small WCFs shall be submitted to the Borough Zoning Officer.

(b) Applications for small WCFs shall include the following:

1) The name and contact information, including phone number, for both the WCF applicant and the owner of the proposed small WCF.

2) A cover letter detailing the location of the proposed site, all equipment being proposed as part of the small WCF, and a certification that the WCF applicant has included all information required by the Borough Code, signed by a representative of the applicant.

3) 

A before-and-after depiction of the proposed site, such as a construction drawing, showing all equipment being proposed as part of the small WCF.

a) If the small WCF is proposed for location on an existing or replacement wireless support structure that currently supports existing attachments, the depiction shall show the location and dimensions of all such attachments.

b) If installation of a new or replacement wireless support structure is being proposed, the depiction shall include the color, dimensions, material and type of wireless support structure proposed.

4) The manufacturer and model, proposed location, and physical dimensions (including volume) of each piece of equipment proposed as part of the small WCF.

5) An aerial photograph of the proposed site showing the area within 500 feet of the small WCF. The aerial photograph shall identify all structures within such radius.

6) Photo simulations depicting the small WCF from at least three locations near the proposed site. The photo simulations should reflect the proposed design and location of all equipment associated with the small WCF.

7) If the proposed small WCF will be located on a property or structure owned by a party other than the WCF applicant, proof of the WCF applicant having obtained an easement or other property right from the property owner allowing for construction of the proposed WCF.

8) A written certification by a structural engineer licensed in the Commonwealth of Pennsylvania confirming that the proposed small WCF and wireless support structure are structurally sound and shall not endanger public health and safety.

9) A report by a qualified engineering expert which shows that the small WCF will comply with applicable FCC regulations, including applicable standards for radiofrequency emissions.

10) Proof of compliance with all applicable requirements of this § 27-502.3.

11) All application fees required by the Borough as detailed in the Borough fee schedule.

(3) Denial and resubmission.

(a) If the Borough denies an application for a small WCF, the Borough shall provide the WCF applicant with written documentation of the basis for denial, including the specific provisions of the Borough Code on which the denial was based, within five business days of the denial.

(b) The WCF applicant may cure the deficiencies identified by the Borough and resubmit the application within 30 days of receiving the written basis for the denial without being required to pay an additional application fee. The Borough shall approve or deny the revised application within 30 days of the application being resubmitted for review.

(4) Consolidated applications. A single WCF applicant may not submit more than one consolidated or 20 single applications for co-located small WCFs in a thirty-day period. If the Borough receives more than one consolidated application or 20 single applications within a forty-five-day period, the applicable time frame under § 27-502.3A(19) shall be extended by 15 days.

(5) Time, place and manner. Once approved, the Borough shall determine the time, place and manner of construction, maintenance, repair and/or removal of all small WCFs in the ROW based on public safety, traffic management, physical burden on the ROW, and related considerations.

(6) Attachment to municipal structures. The Borough shall allow the co-location of small WCFs to structures owned by the Borough in accordance with the hierarchy detailed in this section. If the WCF applicant is proposing the co-location of a small WCF on a lower priority structure, it shall be a condition to the approval of the application that the WCF applicant provide evidence that co-location on a higher priority structure or wireless support structure owned by a third-party is not technically feasible. In order from most preferable to least preferable, the Borough's co-location preferences are as follows.

(a) Power poles;

(b) Traffic signage poles without traffic signals;

(c) Traffic signal poles;

(d) Light poles;

(e) Decorative poles.

(7) Obstruction. Small WCFs and accessory equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, create safety hazards to pedestrians and/or motorists, or to otherwise inconvenience public use of the ROW as determined by the Borough.

(8) Graffiti. Any graffiti on a small WCF, including the wireless support structure and any accessory equipment, shall be removed at the sole expense of the owner within 10 calendar days of notification by the Borough.

(9) Design standards. All small WCFs in the Borough shall comply with the requirements of the Borough "Small Wireless Communications Facility Design Manual." A copy of such shall be kept on file at the Borough Zoning Department.

(10) Obsolete equipment. As part of the construction, modification or replacement of a small WCF, the WCF applicant shall remove any obsolete or abandoned equipment from the structure upon which the small WCF will be attached.

(11) Relocation or removal of facilities. Within 90 days following written notice from the Borough, or such longer period as the Borough determines is reasonably necessary or such shorter period in the case of an emergency, an owner of a small WCF in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any WCF when the Borough, consistent with its police powers and applicable Public Utility Commission regulations, shall determine that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:

(a) The construction, repair, maintenance or installation of any Borough or other public improvement in the right-of-way;

(b) The operations of the Borough or other governmental entity in the right-of-way;

(c) Vacation of a street or road or the release of a utility easement; or

(d) An emergency that constitutes a clear and immediate danger to the health, welfare, or safety of the public as determined by the Borough.

(12) Reimbursement for ROW use. In addition to permit fees as described in this chapter, every small WCF in the ROW is subject to the Borough's right to fix annually a fair and reasonable compensation to be paid for use and occupancy of the ROW. Such compensation for ROW use shall be directly related to the Borough's actual ROW management costs, including but not limited to the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other ROW management activities by the Borough. The owner of each small WCF shall pay an annual fee to the Borough to compensate the Borough for the Borough's costs incurred in connection with the activities described above.

4. Temporary construction trailers or sheds. Temporary construction trailers or sheds are permitted in all zones, subject to the following:

A. Temporary construction trailers or sheds are permitted only during the period that the construction work is in progress. A permit for the temporary structure must be obtained from the Zoning Officer prior to the commencement of construction and must be renewed every six months. Unless otherwise defined by the Borough, the one maximum renewal is permitted.

B. Temporary construction trailers or sheds must be located on the lot on which the construction is progressing and cannot be located within 10 feet of any lot line adjoining an existing residential use.

C. Temporary construction trailers or sheds must be used only as temporary field offices and for storage of incidental equipment and supplies and cannot be used for any dwelling use.

D. A temporary construction trailer may be permitted for use as a sales center for residential lots. The maximum gross floor area of such a temporary sales center is 500 square feet. A permit for the temporary trailer must be obtained from the Zoning Officer.

E. No combustible materials can be stored in temporary construction trailers or sheds.

5. Height exceptions.

A. The height limitations of this chapter do not apply to the following structures: place of worship steeples or spires; steeples; chimneys; elevator bulkheads and other mechanical equipment that is part of a primary structure; conveyors; flagpoles; silos; standpipes; elevated water tanks; derricks; public utility structures; and other structures not intended for human habitation which do not exceed the height limitations of the zone by more than 15 feet.

B. All buildings or structures are subject to all applicable Federal Aviation Administration (FAA) height and lighting restrictions.

6. In instances where a building straddles or is proposed to straddle multiple lots or an alley, the landowner and/or developer is responsible for verifying with the Borough that no easements or rights-of-way exist.

A. If there is a recorded right-of-way, the Borough reserves the right to determine if abandonment of the right-of-way for construction is appropriate in context of Sharpsburg Borough's community development objectives and the intent of this chapter. If abandonment is not appropriate, an application could be subject to denial.

B. If there is an easement, the Borough reserves the right to determine if construction is or is not appropriate to occur on the easement in context of Sharpsburg Borough's community development objectives and the intent of this chapter. If construction on said easement is not appropriate, an application could be subject to denial.

7. Fences and walls.

A. Within residential districts, residential fences and enclosure walls may be erected, provided:

(1) A fence along the rear property line shall not exceed eight feet in height;

(2) A fence located along the side property line shall not exceed six feet in height;

(3) No fence higher than four feet shall be erected between the principal building and the street line. Fences located on corner lots shall be constructed at a height so as to not obstruct a driver's or pedestrian's view associated with necessary sight lines for safety.

(4) All fence posts, rails or piers shall be so installed so that they face the interior of the lot of the one installing same.

(5) Barbed wire, electrical or other hazardous fencing materials are prohibited.

B. Within residential districts, fences for a nonresidential use located adjacent to a residential use shall be at maximum of four feet high in a front yard and six feet in any other yard.

C. The exterior side of a fence and/or wall must be oriented to the exterior of the lot on which it is erected or towards a public right-of-way.

D. Fences with may be placed on a front lot line so long as they possess a minimum of 50% transparency. For each 10% of transparency less than 50% (e.g., 40%, 30%, 20%, 10%, 0%), the fence shall be placed an additional increment of six inches from the lot line.

8. Driveways.

A. Driveway access is regulated by the street typologies prescribed in this chapter.

B. All private garages and all off-street parking enclosed within a primary building must be connected directly to a public street or public alley by a private driveway no wider than 12 feet. Where there are multiple off-street parking spaces in a private garage or enclosed within the principal building, the driveway may be widened to access said parking spaces.

C. The entire flare of any return radius on a driveway must fall within the right-of-way; surfacing shall only be of paved asphalt or concrete with no modular units.

9. Utilities.

A. All utilities for lots that have improvements or are redeveloped must be located underground unless otherwise approved by the Borough Council.

B. Utility connections such as gas meters, electric meters, phone and cable must be located so as to minimize their visibility from the street, thus any screening, if constructed, shall have not less than 50% opaqueness and not occur within the street right-of-way.

C. HVAC condenser units must be located so as to minimize their visibility from the street, thus any screening, if constructed, shall have not less than 50% opaqueness and not occur within the street right-of-way.

10. Drive-through facility.

A. The site shall have frontage on and direct vehicular access to an arterial or collector street, as defined by this chapter.

B. In addition to the parking spaces required for the principal use, a minimum of five standing spaces in tandem, with a total length of 100 feet, in direct line with each window or stall, shall be provided for vehicles to wait in line. The standing spaces shall not interfere with the use of any required parking spaces and shall not inhibit the free flow of traffic on the site. The standing spaces shall be designed so that waiting vehicles shall not stand in any right-of-way or overflow onto adjacent properties, streets or berms.

C. Entrances, exits and standing spaces shall be adequately indicated with pavement markings and/or directional signs.

D. Parking areas and circulation patterns shall be adequately striped and marked to facilitate traffic circulation on the site.

11. Dumpster enclosures.

A. Dumpsters existing as of the effective date of this chapter and dumpsters constructed subsequent to the effective date of this chapter shall comply with the following:

(1) No dumpster or dumpster enclosure shall be located within a required landscape buffer yard and may be located within a required yard only if a street or dedicated alley separates the lot from any adjacent residential lot. Required enclosures shall be defined by the Borough based upon review of proposed dumpster location and service area access in relationship to public right-of-way, building locations and vehicular/pedestrian circulation routes.

(2) Dumpsters shall be maintained free of jagged or sharp edges or inside parts that could prevent the free discharge of their contents and closed lids.

(3) All dumpster pads shall be at least two feet larger than the dumpster on all sides. Wheel stops or bollards shall be permanently affixed to the pad at least one foot inside the perimeter of the pad to prevent the dumpster from striking the enclosure during collection. The base of the enclosure must be poured concrete. The base shall extend three feet beyond the front opening of the enclosure as an apron, and all concrete must be level with adjacent asphalt.

B. Businesses shall be encouraged to share dumpsters.

12. General landscaping.

[Amended 12-22-2022 by Ord. No. 22-14]

A. Landscaping requirements.

(1) One landscaped island for every seven surface parking spaces must be provided within all surface parking areas. All landscaped islands shall contain one tree a minimum of two inches' diameter at breast height (dbh).

(2) For any development within the Rail-Trail Zone, one tree per residential unit or one tree per 1,000 square feet of development shall be planted.

B. For any plan prepared and submitted as part of an application that involves nonresidential redevelopment, infill construction, excavation, and/or building expansion, it is recommended to include and illustrate at scale the location of trees, shrubs and ground covers for the following:

(1) All Borough-required buffer yards with proposed plantings;

(2) All Borough-required planting independent of any buffer yard requirements;

(3) Any planting in excess of the requirements of this chapter;

(4) Any existing trees or vegetation which are to be preserved;

(5) Any existing trees or vegetation which will be removed; and

(6) The location and species of all existing trees six inches in diameter at breast height. Applicants are encouraged to maximize the retention of all healthy existing trees six inches or more in diameter at breast height.

13. Outdoor storage.

A. The Borough aims to provide a safe and healthy environment to its residents and businesses.

B. The following items associated with outdoor storage are considered public health or safety menaces which may endanger the health or safety of the public and, as such, are subject to Borough inspection. Such items cannot be stored on a lot:

(1) Unsanitary or improper storage or disposal of trash, garbage, refuse, debris, other solid waste or hazardous waste;

(2) Unburied dead animals;

(3) Accumulation of water causing mosquito or other vector breeding or proliferation;

(4) Rodent or insect infestation;

(5) Accumulation of bees, fowl or animals in such a manner to create a condition that may be injurious to the public health or safety;

(6) Uncovered woodpiles and woodpiles exceeding 120 cubic feet;

(7) Fuel sources and fire hazards stored freely out of doors;

(8) Furniture typically intended/constructed for indoor use stored out of doors;

(9) Inoperable appliances, vehicles and equipment;

(10) Mechanical equipment not intended for traditional landscaping purposes, stored between the front facade of a main building and the front lot line;

(11) Motorized, mechanical and other powered vehicles and equipment stored between the front facade of a main building and the front lot line that is not in concealed storage (that which exceeds 85% or greater opacity) or between rear or side facades and rear or side yards that is not screened from adjacent lot(s); and

(12) Any other condition or objects that may be injurious or cause adverse effects to public health or safety.

C. Except for retail/wholesale landscape plant (living) species which require outside storage of materials for growth within the environment, the storage and display of materials outside a completely enclosed structure shall not be permitted.

D. Any material or equipment stored outside an enclosed building shall be incidental to the principal use of the lot and shall be stored to the rear of the building or a location otherwise approved by the Borough which screens the display/storage area from public view from the street or from any adjacent residential use.

E. All organic rubbish and discarded materials shall be contained in tight, verminproof containers, which shall be screened from public view by an opaque fence or hedge which is at least six feet in height and achieves 85% opacity.

F. When any condition that constitutes a public health or safety menace is found on occupied or vacant land or premises, the Borough shall notify in writing the landowner or occupant of the land or premises on which the condition exists and/or any other person who it believes is responsible for the health or safety menace. Such notice shall contain a description of the health or safety menace; the time within which the menace shall be abated, corrected or eliminated; and a statement that the landowner, occupant of the land or other person responsible may request a hearing within 10 days of the receipt of the notice. Notice sent by registered or certified mail to the last-known address of the owner whose name is shown on the current real estate tax assessment records or to the occupant or other identified person responsible shall be deemed compliance with the notice requirement to the person responsible.

G. Upon receipt of the written notice from the Borough, the landowner, occupant of the land or other person responsible shall abate, correct or eliminate the health or safety menace. The amount of time allowed to abate, correct or eliminate the health or safety menace condition shall be determined by the Borough and shall not be less than 24 hours nor more than 10 days. If the Borough determines that the menace cannot be abated, corrected or eliminated within 10 days, the Borough may order temporary abatement measures and allow a longer period of time to abate, correct or eliminate the condition. The Borough may allow such a longer period of time only upon request of the landowner, occupant of the land or other person responsible and only upon a good faith showing that such longer period of time is necessary.

H. After receipt of the written notice, it is unlawful for the landowner, occupant of the land or other person responsible to fail to abate, correct or eliminate the health or safety menace within the time determined by the Borough.

I. If the written notice is undeliverable or if, after receipt of the written notice, the landowner, occupant of the land or other person responsible fails to abate, correct or eliminate the health or safety menace, the Borough may request Borough representatives to take reasonable steps to abate, correct or eliminate the health or safety menace, whether the land or premises are occupied or vacant. If the landowner, occupant of the land or other person responsible denies free access for such purposes, the Borough may proceed after obtaining the applicable legal authorization. Costs and expenses incurred by the Borough in abating, correcting or eliminating a health or safety menace on private property shall be assessed against the owner and/or occupant of the land or premises and/or any other person responsible for the health or safety menace and shall be recoverable from the owner in the same way as taxes and levies. Costs and expenses incurred by the Borough in abating, correcting or eliminating a health or safety menace on public property shall be recoverable from the person or persons responsible for causing the health or safety menace.

14. Parking.

A. The minimum number of off-street parking spaces to be provided for every new or substantially reconstructed building shall be as follows:

(1) Residential uses. Two parking spaces per every dwelling unit.

(2) Nonresidential uses. One parking space per every 1,000 square feet.

B. The surfacing of parking areas shall only be of paved asphalt or concrete with no modular units.

15. Solar collectors and solar-related equipment.

A. Purpose. It is the purpose of this regulation to promote the safe, effective and efficient use of installed solar energy systems that reduce on-site consumption of utility-supplied energy while protecting the health, safety and welfare of adjacent and surrounding land uses and lots. This chapter seeks to:

(1) Provide lot owners and business owners/operators with flexibility in satisfying their on-site energy needs.

(2) Reduce overall energy demands within the community and promote energy efficiency.

(3) Integrate alternative energy systems seamlessly into the community's neighborhoods and landscapes without diminishing quality of life in the neighborhoods.

B. Applicability.

(1) This chapter applies to building-mounted and ground-mounted systems installed and constructed after the effective date of the chapter.

(2) Solar PV systems constructed prior to the effective date of this chapter are not required to meet the requirements of this chapter.

(3) 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 chapter.

C. Permitted zoning districts.

(1) Building-mounted and ground-mounted systems are permitted in all zoning districts as an accessory use to any lawfully permitted principal use on the same lot upon issuance of the proper permit pursuant to this section and upon compliance with all requirements of this section and as elsewhere specified in this chapter.

(2) Building-integrated systems, as defined by this chapter, are not considered an accessory use and are not subject to the requirements of this chapter.

D. Location within a lot.

(1) Building-mounted systems are permitted to face any rear, side and front yard or any unregulated yard area as defined in this chapter. Building-mounted systems may only be mounted on lawfully permitted principal or accessory structures.

(2) Ground-mounted systems are permitted, based on the requirements for accessory uses or structures in the property's zoning district.

Permitted Location: Building-Mounted Solar PV System Isometric

E. Design and installation standards.

(1) The solar PV system must be constructed to comply with the Pennsylvania Uniform Construction Code (UCC), Act 45 of 1999, as amended, and any regulations adopted by the Pennsylvania Department of Labor and Industry as they relate to the UCC, except where an applicable industry standard has been approved by the Pennsylvania Department of Labor and industry under its regulatory authority.

(2) 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.

(3) The solar PV system must be constructed to comply with the most recent Fire Code, as amended, adopted by the Commonwealth of Pennsylvania.

F. Setback requirements. Ground-mounted systems. Ground-mounted systems are subject to the accessory use or structure setback requirements in the zoning district in which the system is to be constructed. The required setbacks are measured from the lot line to the nearest part of the system. No part of the ground-mounted system shall extend into the required setbacks due to a tracking system or other adjustment of solar PV-related equipment or parts.

G. Height restrictions.

(1) Notwithstanding the height limitations of the zoning district:

(a) 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.

(b) 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.

Height Restriction, Sloped Roof Facing Front Yard: Building-Mounted Solar PV System Elevation

Height Restriction, Sloped Roof Facing Rear or Side Yard: Building-Mounted Solar PV System Elevation

(2) Notwithstanding the height limitations of the zoning district:

(a) 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.

(b) 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.

Height Restriction, Flat Roof: Building-Mounted Solar PV System Isometric

Height Restriction: Ground-Mounted Solar PV System Elevation

H. Screening and visibility.

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

(2) Building-mounted systems mounted on a flat roof shall not be visible from the public right-of-way within a fifty-foot radius of the lot, 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 fifty-foot radius when measured at a distance of five feet from the ground.

Screening and Visibility, Flat Roof: Building-Mounted Solar PV System Plan

Screening and Visibility, Flat Roof: Building-Mounted Solar PV System Plan

Screening and Visibility, Flat Roof: Building-Mounted Solar PV System Elevation

Screening and Visibility, Flat Roof: Building-Mounted Solar PV System Elevation

I. Impervious lot coverage restrictions. The surface area of any ground-mounted system, regardless of the mounted angle of any portion of the system, is considered impervious surface and shall be calculated as part of the lot coverage limitations for the zoning district. If the ground-mounted system is mounted above existing impervious surface, it shall not be calculated as part of the lot coverage limitations for the zoning district.

J. Nonconformance.

(1) Building-mounted systems:

(a) If a building-mounted system is to be installed on any building or structure that is nonconforming because its height violates the height restrictions of the zoning district in which it is located, 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.

Nonconforming Building, Sloped Roof Facing Front Yard: Building-Mounted Solar PV System Elevation

Nonconforming Building, Sloped Roof Facing Rear Or Side Yard: Building-Mounted Solar PV System Elevation

(b) 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 the other provisions of this chapter.

Nonconforming Lot, Setbacks, and/or Lot Coverage Limits: Building-Mounted Solar PV System Isometric

(2) Ground-mounted systems. If a ground-mounted system is to be installed on a lot containing a structure that is nonconforming because the required minimum setbacks are exceeded, the proposed system shall be permitted so long as the system does not encroach into the established setback for the lot. 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.

Nonconforming Lot, Setbacks: Ground-Mounted Solar PV System Isometric

K. 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.

L. Performance requirements. All solar PV systems are subject to compliance with applicable performance standards detailed elsewhere in the chapter.

M. Inspection, safety and removal.

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

(2) 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 lot owner 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 lot owner of his or her right to appeal such determination.

(3) If a lot owner 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 lot owner and/or facility owner and operator for all costs and expenses of removal, including reasonable attorney's fees, or pursue other legal action to have the system removed at the lot owner's expense.

(4) 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 attorney's 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 attorney's fees and costs incurred by the Borough in connection with the removal work and the filing of the municipal claim.

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