In addition to the general and supplemental regulations listed in Article XV, the following sets forth standards that shall be applied to each individual special exception, conditional use, or use permitted by right. These standards must be satisfied prior to approval of any applications for a special exception or conditional use, or prior to issuance of a zoning permit for a use permitted by right. The applicant shall be required to demonstrate compliance with these standards and must furnish whatever evidence is necessary to demonstrate such compliance. All uses must comply with the standards expressed within the underlying zone, unless those standards expressed for each special exception, conditional use or use permitted by right specify different standards. In such cases, the specific special exception, conditional use, or use permitted by right use standards shall apply.
A.
The accessory child-care center shall meet all state and federal
licensing and registration requirements and shall provide proof of
compliance with the Commonwealth of Pennsylvania Code, 55 Pa. Code
Chapter 3270, Child Day Care Centers, or 6 Pa. Code Chapter 11, Older
Adult Daily Living Centers.
B.
The accessory day-care center is located at and is accessory to a
legally established house of worship, a public or nonpublic school,
or a place of employment. Such buildings shall obtain an occupancy
certificate.
D.
The accessory day-care center provides safe off-street pickup and
dropoff points in order to minimize traffic congestion. Vehicles shall
enter and exit from the pickup and dropoff points at least 60 feet
from any intersection. The passenger pickup and dropoff points shall
be arranged so that the passengers do not have to cross traffic.
E.
An outdoor play area shall be provided in accordance with state regulations.
Adult passive recreation areas may be provided for older adult daily
living centers. Off-street parking compounds shall not be used as
outdoor play areas. Outdoor play areas shall not be located within
the front yard and must be set back 25 feet from all property lines.
Outdoor play areas shall be completely enclosed by a four-foot-high
fence that shall screen the area from adjoining residentially zones
or use properties. All outdoor play areas must provide a means of
shade such as shade tree(s) or pavilion(s).
Agricultural operations, excluding commercial livestock operations,
shall be permitted in the C-D Zone, subject to the following criteria:
A.
No structure for the housing of poultry, livestock or feedlot, including
the storage of manure or odor or dust-producing substances shall be
located:
B.
The building height restrictions shall be subject to provisions of
the Zoning District.
C.
Greenhouse heating plants shall not be operated within 100 feet of
any lot line, unless contained within a building.
Within the C-1 Zone, animal hospitals, veterinary offices, dog
day care and/or kennels shall be permitted, subject to the following
criteria:
A.
Kennels and/or animal hospitals shall have a minimum lot size in
accordance with the requirements of the zoning district.
B.
All areas used for exercise shall be securely fenced.
C.
All animal boarding buildings that are not wholly enclosed and any
outdoor animal pens, stalls or runways shall be a minimum of 25 feet
from all property lines and a minimum of 200 feet from any adjacent
residence whose owner is other than the animal building owner.
D.
Animals shall be permitted to exercise outside daily between the
hours of 8:00 a.m. to 8:00 p.m.
A.
Apartment houses, including garden apartments, shall be permitted
subject to the following criteria:
(1)
Public sanitary sewer and public water supply utilities shall
be provided.
(2)
The floor area ratio shall not exceed 0.4. See Article II definitions of "floor area of building" and "floor area ratio."
(3)
Building height shall be controlled by floor area ratio.
(4)
The lot area per dwelling unit shall be not less than 2,000
square feet.
(5)
The lot width at the building line shall be not less than 100
feet.
(6)
For each apartment building of one or two stories, there shall
be a front yard, two side yards and a rear yard, each of not less
than 30 feet. For each story over two, five feet of width or depth
shall be added to each yard.
B.
Conversion apartments shall be permitted subject to the following
criteria:
(1)
An existing single-family detached, single-family semidetached,
two-family detached or two-family semidetached dwelling may be converted
to contain additional dwelling units, but shall have a total of no
more than four dwelling units, each containing no more than one family
living independent of each other.
(2)
Lot area, lot width, minimum yards and maximum coverage shall
be in accordance with the standards of the applicable zone in which
the conversion apartment(s) will be located and this article, corresponding
to the type and number of dwelling units as converted.
(3)
Off-street parking shall be provided for all uses on the property, in accordance with Article XVI.
(4)
There shall be no exterior evidence of change in the building
except as required by building or housing codes.
(5)
Exterior fire escapes, where required, shall be in the rear
or side of the building if practical and shall not be located on any
wall facing a street. Exterior fire escapes above the second floor
level shall be noncombustible.
(6)
Each dwelling unit shall contain not less than 650 square feet
of habitable floor area.
(7)
No dwelling unit shall be permitted in basements or cellars.
(8)
All units shall be served by public sanitary sewer and public
water supply utilities.
Auto repair garages are permitted by right in the C-1 and M-1
Zones, subject to the following criteria:
A.
All paint work shall be performed within a building with a fume collection
and ventilation system that directs fumes away from any adjacent dwellings.
Outdoor major repairs (such as body work and grinding) and outdoor
welding shall not occur within 250 feet of a residential lot line.
B.
All reasonable efforts shall be made to prevent or minimize noise,
odor, vibration, light or electrical interference to adjacent lots
in accordance with this chapter.
C.
Overnight outdoor storage of junk other than permitted junk vehicles
shall be prohibited within view of a public street or a dwelling.
D.
Any junk vehicle shall not be stored for more than 20 days. A maximum
of four junk vehicles may be parked on a lot outside of an enclosed
building at any one time, except that additional numbers of vehicles
may be parked outside overnight if they are screened from view from
streets and other lots by landscaping or buildings and are actively
undergoing repair.
E.
Service bay doors shall not face directly towards an abutting dwelling
(not including a dwelling separated from the garage by a street).
Automobile service stations (including minor incidental repair)
are permitted in the (C-1) Zone, subject to the following criteria.
A.
The subject property shall have a minimum width of 125 feet.
B.
The subject property shall front on an arterial or collector road.
C.
The subject property shall be set back at least 300 feet from any
lot containing a school, day-care facility, park, playground, library,
hospital or nursing, rest or retirement home.
D.
The outdoor storage of motor vehicles (whether capable of movement
or not) for more than one month is prohibited.
E.
All structures (including air compressors, kiosks, gasoline pump
islands, but not including signs) shall be set back at least 15 feet
from any street right-of-way line.
F.
No outdoor storage of auto parts shall be permitted.
G.
All ventilation equipment associated with fuel storage tanks shall
be set back 100 feet from and oriented away from any adjoining residence.
H.
The applicant shall furnish evidence that the storage and disposal
of materials will be accomplished in a manner that complies with state
and federal regulations.
Residential bed-and-breakfast accommodations and residential
tourist homes shall be permitted by special exception within the R-2
Zone and as a permitted use in the C-2 Zone, subject to the following
criteria:
A.
The owner of the dwelling structure in which such uses are conducted
must reside in the dwelling structure. No modification to the external
appearances of the building (except fire and safety requirements)
which would alter its residential character shall be permitted.
B.
The dwelling structure is served by public sanitary sewer and public
water supply utilities. The use of a residential dwelling for a bed-and-breakfast
home or inn must be in compliance with the Borough of Middletown Sewer
Authority requirements.
C.
Accommodations at bed-and-breakfast homes and inns may include breakfast
prepared on the premises for guests and included in the charge for
the room. No meal other than breakfast may be prepared on the premises
for the registered guests. Catered food service from a licensed facility
is permitted without additional licensing requirements. Bedrooms shall
not be used for cooking of any kind, and all meals for transient or
semipermanent residents shall be taken in substantially family-type
dining facilities.
D.
No public restaurant service shall be conducted.
E.
Bedrooms shall contain a minimum of 120 square feet of habitable
floor area for two persons.
F.
No more than two persons per bedroom shall be permitted.
G.
Off-street parking shall be provided on the premises for all uses improved in accordance with Article XVI.
H.
All bed-and-breakfast homes and bed-and-breakfast inns shall comply
with the Federal Life Safety Code, and all other applicable building,
safety, and fire codes of the federal, state, or local government.
Within the R-2 Zone, boarding-, lodging and rooming houses shall
be permitted by special exception, subject to the following criteria:
A.
The owner of the dwelling structure in which such uses are conducted
must reside in the dwelling structure.
B.
The dwelling structure is served by public sanitary sewer and public
water supply utilities. The applicant shall furnish evidence that
approved systems for sewage disposal and water supply shall be used
and all other federal and state license requirements have been met.
C.
Bedrooms shall not be used for cooking of any kind, and all meals
for transient or semipermanent residents shall be taken in substantially
family-type dining facilities.
D.
No public restaurant service shall be conducted.
E.
Bedrooms shall contain a minimum of 70 square feet of habitable floor
area for one person.
F.
A boarding-, lodging or rooming house shall not accommodate more
than five persons as paying guests.
G.
No more than one person per bedroom shall be permitted.
H.
Off-street parking shall be provided on the premises for all uses improved in accordance with Article XVI.
(1)
Spaces for the owner of the premises shall be as specified in Article XVI for single- and two-family dwellings.
(2)
Spaces for boarding, lodging or rooming houses shall be as specified in Article XVI for boarding-, lodging and rooming houses.
(3)
Spaces for other uses on the premises shall be in accordance with the applicable provisions of Article XVI.
(4)
No modifications to the external appearance of the building
(except fire escapes) which would alter its residential character
shall be permitted.
In-home child care shall be permitted by right in all zoning
districts. The child care shall be limited to six children not related
to the operator by legal marriage, birth or adoption. All child-care
facilities shall obtain and maintain proper licensure from the Commonwealth
of Pennsylvania.
A.
Within the C-1 and C-2 Zones, commercial day-care facilities are
permitted by right, subject to the following criteria:
(1)
An outdoor play area shall be provided at a rate of 65 square
feet per individual enrolled. Off-street parking compounds shall not
be used as outdoor play areas. Outdoor play areas shall not be located
within the front yard. Additionally, outdoor play areas shall be located
and designed so as not to disrupt normal activities of adjoining uses.
There shall be a minimum of a four-foot-high fence with screening
to screen the play area from adjoining residentially used or zoned
properties. Any vegetative materials located within the outdoor play
areas shall be of a nonharmful type (poisonous, thorny, allergenic,
etc.). All outdoor play areas must provide a means of shade, such
as a shade tree(s) or pavilion(s).
(2)
"Enrollment" shall be defined as the largest number of persons
and/or children under day-care supervision at any one time during
a seven-day period.
(3)
Passenger dropoff and pickup areas shall be provided on site
and arranged so that the passengers do not have to cross traffic lanes
on or adjacent to the site;
B.
All commercial day-care facilities shall obtain and maintain proper
licensure from the Commonwealth of Pennsylvania.
[Amended 12-5-2019 by Ord. No. 1367, approved 12-5-2019]
A.
General and specific requirements for non-tower wireless communications
facilities.
(1)
The following regulations shall apply to all non-tower WCF that
do not meet the definition of a small WCF:
(a)
Permitted in all zones subject to regulations. Non-tower WCF are permitted in all zones subject to the restrictions and conditions prescribed below and subject to the requirements of this § 260-193 and generally applicable permitting by the Borough.
(b)
Noncommercial usage exemption. Borough residents utilizing satellite dishes, citizen and/or band radios, and antennas for the purpose of maintaining television, phone, and/or internet connections at their residences shall be exempt from the regulations enumerated in this § 260-193.
(c)
Building permit required. WCF applicants proposing the co-location
of a non-tower WCF that does not substantially change the physical
dimensions of the wireless support structure to which it is attached
shall obtain a building permit from the Borough Code Officer. In order
to be considered for such permit, the WCF applicant must submit a
permit application to the Borough in accordance with applicable permit
policies and procedures of the Borough Code. The WCF applicant shall
designate, in writing, that such applications constitute an eligible
facilities request pursuant to 47 CFR 1.40001.
(d)
Nonconforming wireless support structures. Non-tower WCF shall
be permitted to co-locate upon nonconforming tower-based WCF and other
nonconforming wireless support structures. Co-location of WCF upon
existing tower-based WCF is encouraged even if the tower-based WCF
is nonconforming as to use within a zoning district.
(e)
Standard of care. Any non-tower WCF shall be designed, constructed,
operated, maintained, repaired, modified and removed in strict compliance
with 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, or to the 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.
(f)
Wind and ice. All non-tower WCF 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.
(g)
Aviation safety. Non-tower WCF shall comply with all federal
and state laws and regulations concerning aviation safety.
(h)
Public safety communications. Non-tower WCF shall not interfere
with public safety communications or the reception of broadband, television,
radio or other communication services by occupants of nearby properties.
(i)
Radio-frequency emissions. A non-tower WCF shall not, 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. Proof of compliance
with such requirements shall be submitted to the Zoning Hearing Board
as part of any application for a non-tower WCF.
(j)
Removal. In the event that use of a non-tower WCF is to be discontinued,
the owner shall provide written notice to the Borough Secretary of
its intent to discontinue use and the date when the use shall be discontinued.
Unused or abandoned WCF, or portions of WCF, shall be removed as follows:
[1]
All abandoned or unused WCFs and accessory equipment shall be
removed within 90 days of the cessation of operations at the site
unless a time extension is approved by the Borough.
[2]
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 associated facilities and
equipment may be removed by the Borough and the cost of removal assessed
against the owner of the WCF.
(k)
Insurance. Each person that owns or operates a non-tower WCF
shall annually provide the Borough with a certificate of insurance
evidencing general liability coverage in the minimum amount of $1,000,000
per occurrence and property damage coverage in the minimum amount
of $1,000,000 per occurrence covering the non-tower WCF.
(l)
All non-tower WCF owners shall post a sign in a readily visible
location identifying the name, phone number of a party to contact
in the event of an emergency, and permit number. The only other signage
permitted on the WCF shall be those required by the FCC or any other
federal or state agency.
(m)
Indemnification. Each person that owns or operates a non-tower
WCF shall, at its sole cost and expense, indemnify, defend and hold
harmless the Borough, its elected and appointed officials, employees
and agents, at all times against any and all claims for personal injury,
including death, and property damage arising in whole or in part from,
caused by or connected with any act or omission of the person, its
officers, agents, employees or contractors arising out of, but not
limited to, the construction, installation, operation, maintenance
or removal of the non-tower WCF. Each person that owns or operates
a non-tower WCF shall defend any actions or proceedings against the
Borough in which it is claimed that personal injury, including death,
or property damage was caused by the construction, installation, operation,
maintenance or removal of a non-tower WCF. The obligation to indemnify,
hold harmless and defend shall include, but not be limited to, the
obligation to pay judgments, injuries, liabilities, damages, reasonable
attorneys' fees, reasonable expert fees, court costs and all other
costs of indemnification.
(n)
Maintenance. The following maintenance requirements shall apply:
[1]
The non-tower WCF shall be fully automated and unattended on
a daily basis and shall be visited only for maintenance or emergency
repair.
[2]
Such maintenance shall be performed to ensure compliance with
applicable structural safety standards and radio-frequency emissions
regulations.
[3]
All maintenance activities shall conform to industry maintenance
standards.
(o)
Timing of approval.
[1]
Within 30 calendar days of the date that an application for
a non-tower WCF that substantially changes the wireless support structure
to which it is attached is filed with the Zoning Hearing Board, the
Zoning Hearing Board shall notify the WCF applicant, in writing, of
any information that may be required to complete such application.
Within 90 days of receipt of an application for a non-tower WCF on
a preexisting wireless support structure that substantially changes
the wireless support structure to which it is attached, the Zoning
Hearing Board shall make a final decision on whether to approve the
application and shall notify the WCF applicant, in writing, of such
decision.
[2]
Within 60 days of receipt of an application for a non-tower
WCF on a preexisting wireless support structure that does not substantially
change the wireless support structure to which it is attached, the
Borough Code Officer shall issue the required building permit authorizing
construction of the WCF. All applications for such WCF shall designate
that the proposed WCF meets the requirements of an eligible facilities
request.
[3]
Such time frames shall be subject to the tolling procedures
established by the FCC.
(2)
In addition to the requirements in § 260-193A(1) above, the following regulations shall apply to all non-tower WCF that substantially change the wireless support structure to which they are attached:
(a)
Prohibited on certain structures. No non-tower WCF shall be
located on single-family detached residences, single-family attached
residences, semidetached residences, duplexes, or any residential
accessory structure.
(b)
Special exception authorization required. Any WCF applicant proposing the construction of a new non-tower WCF or the modification of an existing non-tower WCF shall first obtain a special exception authorization from the Zoning Hearing Board pursuant to § 260-233 of the Middletown Borough Code. The special exception application shall demonstrate that the proposed facility complies with all applicable provisions in the Middletown Borough Zoning Ordinance.
(c)
Historic buildings. No non-tower WCF may be located within 100
feet of any property, or on a building or structure that is listed
on either the National Register of Historic Places, or eligible to
be so listed, located within a historic district, or is included in
the official historic structures list maintained by the Borough.
(d)
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 non-tower WCF, as
well as related inspection, monitoring and related costs. Such permit
fees shall be established by the Borough Fee Schedule and shall comply
with the applicable requirements of the FCC.
(e)
Development regulations. Non-tower WCF shall be co-located on
existing wireless support structures, such as existing utility poles,
buildings or tower-based WCF, subject to the following conditions:
[1]
The total height of any wireless support structure and mounted
WCF shall not exceed the maximum height permitted in the underlying
zoning district except in the case of eligible facilities requests
as established by federal law.
[2]
In accordance with industry standards, all non-tower WCF applicants
must submit documentation to the Borough justifying the total height
of the WCF.
[3]
If the WCF applicant proposes to locate the accessory equipment
in a separate communications equipment building, the building shall
comply with the minimum requirements for the applicable zoning district.
[4]
A security fence with a minimum height of eight feet shall surround
any separate communications equipment building located outside the
right-of-way. Vehicular access to the communications equipment building
shall not interfere with the parking or vehicular circulations on
the site for the principal use.
(f)
Design regulations. Non-tower WCF shall employ stealth technology
and be treated to match the wireless support structure in order to
minimize aesthetic impact. The application of the stealth technology
utilized by the WCF applicant shall be subject to the approval of
the Zoning Hearing Board.
(g)
Removal, replacement and substantial change.
[1]
The removal and replacement of non-tower WCF and/or accessory
equipment for the purpose of upgrading or repairing the WCF is permitted,
so long as such repair or upgrade does not substantially change the
overall height of the WCF or increase the number of antennas.
[2]
Any substantial change to a WCF shall require notice to be provided
to the Borough Code Officer and possible supplemental permit approval
as determined by the Borough Code Officer.
(h)
Inspection. The Borough reserves the right to inspect any WCF
to ensure compliance with the provisions of the Zoning Ordinance and
any other provisions found within the Borough Code or state or federal
law. The Borough and/or its agents shall have the authority to enter
the lease area of any property upon which a WCF is located at any
time, upon reasonable notice to the operator, to ensure such compliance.
(3)
Regulations applicable to all non-tower WCF located in the public rights-of-way. In addition to the applicable non-tower WCF provisions listed in § 260-193A(1), the following regulations shall apply to non-tower WCF located in the public rights-of-way:
(a)
Location. Non-tower WCF in the right-of-way shall be co-located
on existing wireless support structures.
(b)
Design requirements:
[1]
WCF installations located above the surface grade in the public
right-of-way including, but not limited to, those on streetlights
and joint utility poles, shall consist of equipment components that
are no more than three feet in height and that are compatible in scale
and proportion to the wireless support structures upon which they
are mounted.
[2]
Antennas and accessory equipment shall be treated to match the
supporting structure and may be required to be painted, or otherwise
coated, to be visually compatible with the wireless support structures
upon which they are mounted.
(c)
Time, place and manner. At the discretion of the Borough Manager,
the Borough shall determine the time, place and manner of construction,
maintenance, repair and/or removal of all non-tower WCF in the right-of-way
based on public safety, traffic management, physical burden on the
right-of-way, and related considerations. All construction, maintenance,
repair and/or removal of non-tower WCF shall comply with the applicable
requirements of the Borough Code.
(d)
Equipment location. Ground-mounted accessory equipment shall
be located underground or, if undergrounding is demonstrated to be
unfeasible, shall be located so as not to cause any physical or visual
obstruction to pedestrian or vehicular traffic, or to otherwise create
safety hazards to pedestrians and/or motorists or to otherwise inconvenience
public use of the right-of-way as determined by the Zoning Hearing
Board. In addition:
[1]
In no case shall ground-mounted accessory equipment, walls,
or landscaping be located within 18 inches of the face of the curb,
within four feet of the edge of the cartway, or within an easement
extending onto a privately owned lot.
[2]
Ground-mounted accessory equipment that cannot be placed underground
shall be screened from surrounding views, to the fullest extent possible,
through the use of landscaping or other decorative features to the
satisfaction of the Zoning Hearing Board. Ground-mounted accessory
equipment shall be screened, when possible, by utilizing existing
structures. If screening by utilizing existing structures is not possible,
ground-mounted accessory equipment shall be made architecturally and
aesthetically compatible with the surrounding area through the use
of coatings, landscaping, and/or screening walls or enclosures to
the satisfaction of the Zoning Hearing Board. Screening shall not
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 right-of-way as determined
by the Zoning Hearing Board.
[3]
Required electrical meter cabinets shall be screened to blend
in with the surrounding area to the satisfaction of the Zoning Hearing
Board. The WCF owner shall be solely responsible for this requirement.
[4]
Any graffiti on any accessory equipment shall be removed within
30 days upon notification by the Borough at the sole expense of the
owner.
[5]
Any proposed underground vault related to non-tower WCF shall
be reviewed and approved by the Zoning Hearing Board.
[6]
Accessory equipment attached to the wireless support structure
shall have a minimum of eight feet of vertical clearance above finished
grade.
(e)
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 WCF in the right-of-way 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, shall have determined that such removal, relocation,
change or alteration is reasonably necessary under the following circumstances:
[1]
The construction, repair, maintenance or installation of any
Borough or other public improvement in the right-of-way;
[2]
The operations of the Borough or other governmental entity in
the right-of-way;
[3]
Vacation of a street or road or the release of a utility easement;
or
[4]
An emergency as determined by the Borough.
(f)
Reimbursement for right-of-way use. In addition to permit fees
as described in this section, every non-tower WCF in the right-of-way
is subject to the Borough's right to fix annually a fair and reasonable
fee to be paid for use and occupancy of the right-of-way. Such compensation
for right-of-way use shall be directly related to the Borough's actual
right-of-way management costs, including, but not limited to, the
costs of the administration and performance of all reviewing, inspecting,
permitting, supervising and other right-of-way management activities
by the Borough. The owner of each non-tower 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. Such fees
shall comply with the applicable requirements of the FCC.
B.
General and specific requirements for tower-based wireless communications
facilities and pole facilities that do not meet the definition of
a small WCF.
(1)
The following regulations shall apply to all tower-based wireless
communications and pole facilities.
(a)
Standard of care. Any tower-based WCF or pole facility shall
be designed, constructed, operated, maintained, repaired, modified
and removed in strict compliance with 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, the Pennsylvania Uniform Construction Code,[1] as well as the accepted and responsible workmanlike industry
practices of the National Association of Tower Erectors. Any tower-based
WCF or pole facility 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.
[1]
Editor's Note: See 34 Pa. Code Chapters 401 through 405.
(b)
Special exception authorization required. Tower-based WCF and pole facilities are permitted by special exception and at a height necessary to satisfy their function in the WCF applicant's wireless communications system, subject to the requirements of this § 260-193B(1)(b).
[1]
The special exception application shall be accompanied by a
description of the type and manufacturer of the proposed transmission/radio
equipment, the frequency range (megahertz band) assigned to the WCF
applicant, the power, in watts, at which the WCF applicant transmits,
and any relevant related tests conducted by the WCF applicant in determining
the need for the proposed site and installation.
[2]
The special exception application shall also be accompanied
by documentation demonstrating that the proposed tower-based WCF or
pole facility complies with all applicable state and federal laws
and regulations concerning aviation safety.
[3]
Where the tower-based WCF or pole facility is located on a property
that is not owned by the WCF applicant, the WCF applicant shall present
documentation to the Board that the owner of the property has granted
an easement or other property right, if necessary, for the proposed
WCF and that vehicular access will be provided to the facility.
[4]
Prior to the Zoning Hearing Board's issuance of a zoning permit
authorizing construction and erection of a tower-based WCF or pole
facility, a structural engineer licensed in the Commonwealth of Pennsylvania
shall issue to the Zoning Hearing Board a written certification of
the proposed WCF's ability to meet the structural standards offered
by either the Electronic Industries Association or the Telecommunications
Industry Association and certify the proper construction of the foundation
and the erection of the structure. This certification shall be provided
during the conditional hearings or at a minimum be made as a condition
attached to any approval given such that the certification be provided
prior to issuance of any building permits.
[5]
An application for a new tower-based WCF or pole facility shall
demonstrate that the proposed tower-based WCF cannot be accommodated
on an existing or approved structure or building. The Board may deny
an application to construct a new tower-based WCF or pole facility
if the WCF applicant has not made a good faith effort to mount the
antenna(s) on an existing structure. The WCF applicant shall demonstrate
that it contacted the owners of all technically feasible wireless
support structures within a one-quarter-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 wireless support structure,
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 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.
(c)
Any tower-based WCF or pole facility 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
department of the Telecommunications Industry Association (ANSI/TIA-222,
as amended).
(d)
No tower-based WCF or pole facility shall interfere with public
safety communications or the reception of broadband, television, radio
or other communication services by occupants of nearby properties.
(e)
The following maintenance requirements shall apply:
[1]
Any tower-based WCF or pole facility shall be fully automated
and unattended on a daily basis and shall be visited only for maintenance
or emergency repair.
[2]
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 and utilize industry standard technology for preventing
failures and accidents.
(f)
A tower-based WCF or pole facility shall not, 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. Proof of compliance
with such requirements shall be submitted to the Zoning Hearing Board
as part of any application for a tower-based WCF.
[1]
No tower-based WCF or pole facility may be located within 100
feet of any property, or on a building or structure that is listed
on either the National Register of Historic Places or eligible to
be so listed, located within a historic district, or is included in
the official historic structures list maintained by the Borough.
(g)
All tower-based WCFs or pole facilities shall post a sign in
a readily visible location identifying the name, phone number of a
party to contact in the event of an emergency, and permit number.
The only other signage permitted on the WCF shall be those required
by the FCC or any other federal or state agency.
(h)
No tower-based WCF or pole facility 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 Secretary.
(i)
Tower-based WCF or pole facilities shall be operated and maintained
so as not to produce noise in excess of applicable noise standards
under state law and the Borough Code, except in emergency situations
requiring the use of a backup generator, where such noise standards
may be exceeded on a temporary basis only.
(j)
Timing of approval. Within 30 calendar days of the date that
an application for a tower-based WCF or pole facility is filed with
the Zoning Hearing Board, the Zoning Hearing Board shall notify the
WCF applicant, in writing, of any information that may be required
to complete such application. All applications for tower-based WCFs
shall be acted upon within 150 days of the receipt of a fully completed
application for the approval of such tower-based WCF or pole facility,
and the Zoning Hearing Board shall advise the WCF applicant, in writing,
of its decision. If additional information was requested by the Zoning
Hearing Board to complete an application, the time required by the
WCF applicant to provide the information shall not be counted toward
the 150-day review period.
(k)
Nonconforming tower-based WCF or pole facilities which are hereafter
damaged or destroyed due to any reason or cause may be repaired and
restored at their original location but must otherwise comply with
the terms and conditions of this section. The co-location of antennas
is permitted on nonconforming structures.
(l)
In the event that use of a tower-based WCF or pole facility
is planned 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. Unused or abandoned WCF or portions
of WCF shall be removed as follows:
[1]
All unused or abandoned tower-based WCFs or pole facilities
and accessory equipment shall be removed within 90 days of the cessation
of operations at the site unless a time extension is approved by the
Borough.
[2]
If the WCF and/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 accessory facilities and
equipment may be removed by the Borough and the cost of removal assessed
against the owner of the WCF.
[3]
Any unused portions of tower-based WCF or pole facility, including
antennas, shall be removed within 90 days of the time of cessation
of operations. The Borough must approve all replacements of portions
of a tower-based WCF or pole facility previously removed.
(m)
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 tower-based WCF or pole facility,
as well as related inspection, monitoring, and related costs. Such
permit fees shall be established by the Borough Fee Schedule and shall
comply with the applicable requirements of the FCC.
(n)
Each person that owns or operates a tower-based WCF shall provide
the Zoning Hearing Board with a certificate of insurance evidencing
general liability coverage in the minimum amount of $5,000,000 per
occurrence and property damage coverage in the minimum amount of $5,000,000
per occurrence covering the tower-based WCF. Each person that owns
or operates a pole facility shall provide the Borough with a certificate
of insurance evidencing general liability coverage in the minimum
amount of $1,000,000 per occurrence and property damage coverage in
the minimum amount of $1,000,000 per occurrence covering each pole
facility.
(o)
Each person that owns or operates a tower-based WCF or pole
facility shall, at its sole cost and expense, indemnify, defend and
hold harmless the Borough, its elected and appointed officials, employees
and agents, at all times against any and all claims for personal injury,
including death, and property damage arising in whole or in part from,
caused by or connected with any act or omission of the person, its
officers, agents, employees or contractors arising out of, but not
limited to, the construction, installation, operation, maintenance
or removal of the tower-based WCF. Each person that owns or operates
a tower-based WCF or pole facility shall defend any actions or proceedings
against the Borough in which it is claimed that personal injury, including
death, or property damage was caused by the construction, installation,
operation, maintenance or removal of the tower-based WCF or pole facility.
The obligation to indemnify, hold harmless and defend shall include,
but not be limited to, the obligation to pay judgments, injuries,
liabilities, damages, reasonable attorneys' fees, reasonable expert
fees, court costs and all other costs of indemnification.
(p)
All plans and drawings for a tower-based WCF or pole facility
shall contain a seal and signature of a professional structural engineer
licensed in the Commonwealth of Pennsylvania.
(2)
In addition to the applicable regulations in § 260-193B(1), the following regulations shall apply to tower-based wireless communications facilities located outside the public rights-of-way:
(a)
Development regulations.
[1]
Tower-based WCF shall not be located in, or within 50 feet of,
an area in which all utilities are located underground, unless the
WCF applicant proves to the satisfaction of the Zoning Hearing Board
that installing its facility in such a location is necessary to provide
wireless service and that no other feasible alternative exists.
[3]
Sole use on a lot. A tower-based WCF shall be permitted as a
sole use on a lot, provided that the underlying lot meets the minimum
requirements of the underlying zoning district as established by the
Borough Zoning Code.
[4]
Combined with another use. A tower-based WCF may be permitted
on a property with an existing use, or on a vacant parcel in combination
with another use, except residential, subject to the following conditions:
[a]
The existing use on the property may be any permitted
use in the applicable district and need not be affiliated with the
WCF.
[b]
Minimum lot area. The minimum lot 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 equipment building, security fence, and buffer planting.
(b)
Design regulations.
[1]
Height. Tower-based WCFs shall be designed and kept at the minimum
functional height. The maximum total height of a tower-based WCF which
is not located in the public right-of-way shall not exceed 150 feet,
as measured vertically from the ground level to the highest point
on the WCF, including antennas and subsequent alterations. No WCF
applicant shall have the right under these regulations to erect a
tower to the maximum height specified in this section unless it proves
the necessity for such height. The WCF applicant shall demonstrate
that the tower-based WCF is the minimum height necessary for the service
area.
[2]
Visual appearance and land use compatibility. Tower-based WCF
shall employ stealth technology, which may include the tower portion
to be painted brown or another color approved by the Zoning Hearing
Board or shall have a galvanized finish. All tower-based WCF and accessory
equipment shall be aesthetically and architecturally compatible with
the surrounding environment and shall maximize the use of a like facade
to blend with the existing surroundings and neighboring buildings
to the greatest extent possible. The Zoning Hearing Board shall consider
whether its decision upon the subject application will promote the
harmonious and orderly development of the zoning district involved;
encourage compatibility with the character and type of development
existing in the area; prevent a negative impact on the aesthetic character
of the community; preserve woodlands and trees existing at the site
to the greatest possible extent; and encourage sound engineering and
land development design and construction principles, practices and
techniques.
[3]
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.
[4]
Any tower-based WCF over 40 feet in height shall be equipped
with an anti-climbing device, as approved by the manufacturer.
[5]
Upon submission of an application for a tower-based WCF and
the scheduling of the public hearing upon the application, the WCF
applicant shall send via first class mail notice to all owners of
every property within 300 feet of the proposed facility advising of
the subject matter and date of such hearing. The WCF applicant shall
provide proof of such notification to the Zoning Hearing Board along
with the list of return receipts received.
(c)
Minimum setbacks. The minimum distance between the base of a
tower-based WCF and any adjoining property line or street right-of-way
line shall equal 110% of the proposed height of the tower-based WCF,
unless the 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.
(d)
Surrounding environs.
[1]
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.
[2]
The WCF applicant shall submit a soil report to the Zoning Hearing
Board complying with the standards of Appendix I: Geotechnical Investigations,
ANSI/TIA-222, as amended, to document and verify the design specifications
of the foundation of the tower-based WCF and anchors for guy wires,
if used.
(e)
Fence/screen.
[1]
A security fence having a minimum height of eight feet shall
completely surround any tower-based WCF located outside the public
rights-of-way, as well as guy wires, or any building housing WCF equipment.
[2]
A screen of evergreen trees planted eight feet on center, each
at least four feet in height, shall surround the tower-based WCF and
security fence. Existing vegetation shall be preserved to the maximum
extent possible.
(f)
Accessory equipment.
[1]
Accessory equipment associated, or connected, with a tower-based
WCF shall be placed underground or screened from public view using
stealth technology. All ground-mounted accessory equipment, utility
buildings and accessory structures shall be architecturally designed
to blend into the environment in which they are situated and shall
meet the minimum setback requirements of the underlying zoning district.
[2]
Accessory equipment. Either one single-story wireless communications
equipment building not exceeding 500 square feet in area or its equivalent
shall be permitted for each unrelated company sharing space on the
tower-based WCF outside of the public right-of-way.
(g)
Additional antennas. As a condition of approval for all tower-based
WCF, the WCF applicant shall provide the Zoning Hearing Board with
a written commitment that it will allow other service providers to
co-locate antennas on tower-based WCF where technically feasible.
To the extent permissible under state and federal law, the owner of
a tower-based WCF shall not install any additional antennas without
obtaining the prior written approval of the Borough Code Officer.
(h)
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.
(i)
Access road. An access road, turnaround space and parking shall
be provided to ensure adequate emergency and service access to tower-based
WCF. Maximum use of existing roads, whether public or private, shall
be made to the extent practicable. Road grades shall closely follow
natural contours to assure minimal visual disturbance and minimize
soil erosion. Where applicable, the WCF owner shall present documentation
to the Zoning Hearing Board that the property owner has granted an
easement or other property right for the proposed facility.
(j)
Parking. For each tower-based WCF, there shall be one off-street
parking space.
(k)
Inspection. The Borough reserves the right to inspect any tower-based
WCF to ensure compliance with the Zoning Ordinance and any other applicable
provisions found within the Borough Code or state or federal law.
The Borough and/or its agents shall have the authority to enter the
lease property upon which a WCF is located at any time, upon reasonable
notice to the operator, to ensure such compliance.
(3)
In addition to the applicable regulations in § 260-193B(1), the following regulations shall apply to pole facilities located in the public rights-of-way.
(a)
Location and development standards.
[1]
Pole facilities in the public right-of-way shall not be located
directly in front of any building entrance or exit.
[2]
Pole facilities in the public right-of-way shall be permitted
along certain arterial and collector roads throughout the Borough,
regardless of the underlying zoning district. A map of such permitted
roads is kept on file at the Borough Office of Code Enforcement.
(b)
Time, place and manner. The Borough Code Officer shall determine
the time, place and manner of construction, maintenance, repair and/or
removal of all pole facilities in the right-of-way based on public
safety, traffic management, physical burden on the right-of-way, and
related considerations.
(c)
Equipment location. Pole facilities 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
right-of-way as determined by the Zoning Hearing Board. In addition:
[1]
In no case shall ground-mounted accessory equipment, walls,
or landscaping be located within 18 inches of the face of the curb
or within four feet of the edge of the cartway.
[2]
Ground-mounted accessory equipment that cannot be placed underground
shall be screened, to the fullest extent possible, through the use
of landscaping or other decorative features to the satisfaction of
the Zoning Hearing Board.
[3]
Required electrical meter cabinets shall be screened to blend
in with the surrounding area to the satisfaction of the Zoning Hearing
Board.
[4]
Any graffiti on the pole facility or any accessory equipment
shall be removed at the sole expense of the owner within 30 days of
notification by the Borough.
[5]
Any underground vaults related to pole facilities shall be reviewed
and approved by the Zoning Hearing Board.
(d)
Design regulations.
[1]
The pole facility shall employ stealth technology available
in an effort to appropriately blend into the surrounding environment
and minimize aesthetic impact. The application of the stealth technology
chosen by the WCF applicant shall be subject to the approval of the
Zoning Hearing Board.
[2]
Pole facilities in the public right-of-way shall not exceed
50 feet in height.
[3]
To the extent permissible under state and federal law, any height
extensions to an existing pole facility shall require prior approval
of the Borough Zoning Officer and shall not increase the overall height
of the pole facility to more than 50 feet.
[4]
Any proposed pole facility shall be designed structurally, electrically,
and in all respects to accommodate both the WCF applicant's antennas
and comparable antennas for future users.
(e)
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 pole facility in the right-of-way 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, shall determine that such removal, relocation,
change or alteration is reasonably necessary under the following circumstances:
[1]
The construction, repair, maintenance or installation of any
Borough or other public improvement in the right-of-way;
[2]
The operations of the Borough or other governmental entity in
the right-of-way;
[3]
Vacation of a street or road or the release of a utility easement;
or
[4]
An emergency as determined by the Borough.
(f)
Reimbursement for right-of-way use. In addition to permit fees
as described in this section, every pole facility in the right-of-way
is subject to the Borough's right to fix annually a fair and reasonable
fee to be paid for use and occupancy of the right-of-way. Such compensation
for right-of-way use shall be directly related to the Borough's actual
right-of-way management costs, including, but not limited to, the
costs of the administration and performance of all reviewing, inspecting,
permitting, supervising and other right-of-way management activities
by the Borough. The owner of each pole facility 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.
C.
Regulations applicable to all small wireless communications facilities.
The following regulations shall apply to small wireless communications
facilities:
(1)
Location and development standards.
(a)
Small WCF are permitted by administrative approval by the Borough Office of Code Enforcement in all Borough zoning districts, subject to the requirements of this § 260-193C.
(b)
Small WCF in the public right-of-way requiring the installation
of a new wireless support structure shall not be located in front
of any building entrance or exit.
(2)
Nonconforming wireless support structures. Small WCF shall be
permitted to co-locate upon nonconforming tower-based WCF and other
nonconforming structures. Co-location of WCF upon existing tower-based
WCF is encouraged even if the tower-based WCF is nonconforming as
to use within a zoning district.
(3)
Standard of care. Any small WCF shall be designed, constructed,
operated, maintained, repaired, modified and removed in strict compliance
with 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, or to the 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.
(4)
Wind and ice. All small WCF 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.
(5)
Public safety communications. Small WCF shall not interfere
with public safety communications or the reception of broadband, television,
radio or other communication services enjoyed by occupants of nearby
properties.
(6)
Radio-frequency emissions. A small WCF shall not, 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.
(7)
Time, place and manner. The Borough Code Officer shall determine
the time, place and manner of construction, maintenance, repair and/or
removal of all small WCF in the right-of-way based on public safety,
traffic management, physical burden on the right-of-way, and related
considerations.
(8)
Accessory equipment. Small WCF 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
right-of-way as determined by the Borough.
(9)
Any graffiti on the small WCF or on any accessory equipment
shall be removed at the sole expense of the owner within 30 days of
notification by the Borough.
(10)
Design regulations. All small WCF shall be designed to meet
the requirements of the Borough's "Small Wireless Communications Facility
Design Manual," a copy of which is kept on file at the Borough Office
of Code Enforcement.
(11)
Timing of approval.
(a)
Within 60 days of receipt of a complete application for co-location
of a small WCF on a preexisting wireless support structure, the Zoning
Hearing Board shall make a final decision on whether to approve the
application and shall notify the WCF applicant, in writing, of such
decision.
(b)
Within 90 days of receipt of an application for a small WCF
requiring the installation of a new wireless support structure, the
Zoning Hearing Board shall make a final decision on whether to approve
the application and shall notify the WCF applicant, in writing, of
such decision.
(12)
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 right-of-way 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 as determined by the Borough.
(13)
Reimbursement for right-of-way use. In addition to permit fees
as described in this section, every small WCF in the right-of-way
is subject to the Borough's right to fix annually a fair and reasonable
fee to be paid for use and occupancy of the right-of-way. Such compensation
for right-of-way use shall be directly related to the Borough's actual
right-of-way management costs, including, but not limited to, the
costs of the administration and performance of all reviewing, inspecting,
permitting, supervising and other right-of-way 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.
Within the C-2 and R-2 Zones, ECHO housing is permitted by special
exception, subject to the following criteria:
A.
The ECHO housing may not exceed 900 square feet of floor area.
B.
The total building coverage for the principal dwelling, any existing
accessory structures and the ECHO housing together shall not exceed
the maximum requirement for the zone in which the ECHO housing is
located.
C.
The ECHO housing shall be occupied by either an elderly, handicapped
or disabled person related to the occupants of the principal dwelling
by blood, marriage or adoption.
D.
The ECHO housing shall be occupied by a maximum of two people.
E.
Utilities.
(1)
For public sewer and water supply and all other utilities, the
ECHO housing shall be physically connected to those systems serving
the principal dwelling. No separate utility systems or connections
shall be constructed or used. All connections shall meet the applicable
utility company standards; and
(2)
If the ECHO housing use is discontinued, utilities that would
not otherwise be allowed in an accessory structure must be disconnected.
F.
A minimum of one off-street parking space, with unrestricted ingress
and egress to the street or alley, shall be provided for the ECHO
housing, in addition to that required for the principal dwelling.
G.
The ECHO housing shall not be permitted in the required front yard
setback and shall adhere to all side and rear yard setback requirements
for principal uses. Conversion of an existing accessory structure
may be permitted by a grant of special exception by the Zoning Hearing
Board, in which case the accessory structure setback standards shall
apply.
H.
If the ECHO housing use is discontinued, the structure used for the
ECHO housing shall not be converted to or leased as an apartment or
any use not otherwise permitted in the district.
Within the C-1 Zone, home improvement and building supply stores
are permitted by right, subject to the following criteria:
A.
If the subject property contains more than two acres, it shall front
along an arterial or collector road.
B.
The retail sales area shall be all areas open for public display,
including but not limited to shelves, racks, bins, stalls, tables,
and booths, plus any adjoining aisles or walkways from which consumers
can inspect items for sale. The retail sales area shall include both
interior and exterior areas as listed above.
D.
All exterior retail sales areas shall include a dust-free surface.
E.
All exterior storage and retail sales areas (exclusive of nursery
and garden stock) shall be screened from adjoining residential properties.
F.
The applicant shall furnish expert evidence that any exterior amplified
public address system and/or exterior lighting has been arranged and
designed so as to prevent objectionable impact off the site.
G.
Any drilling, cutting, sawing, mixing, crushing or other preparation
of building materials shall be conducted within a completely enclosed
building.
A.
Within all residential districts, home occupation is a permitted
use, and subject to the following criteria:
(1)
The use shall be conducted primarily by a permanent resident
of the dwelling, and involve a maximum of one person working on site
at any one time who does not reside within the dwelling.
(2)
The use shall be conducted indoors. No outdoor storage or display
related to the home occupation shall be permitted. No changes shall
occur to the exterior of a building that would reduce its residential
appearance as viewed from a street.
(3)
The use shall occupy an area that is not greater than 25% of
the total floor area of the principal dwelling unit. The use shall
clearly be secondary to the residential use.
(4)
Two off-street parking spaces shall be required.
(5)
The use shall not require delivery or pick up by tractor-trailer
trucks.
(6)
No excavating equipment shall be parked overnight on a residential
lot or an adjacent street as part of a home occupation.
(7)
No equipment or machinery shall be permitted that produces noise,
noxious odor, vibration, glare, electrical or electronic interference
detectable on another property. The use shall not involve the storage
or use of hazardous, flammable or explosive substances, other than
types and amounts typically found on a residential property. The use
shall not involve the storage or use of toxic or highly hazardous
substances.
(8)
A home occupation shall not be conducted in a manner that is
perceptible to other residents between the hours of 9:00 p.m. and
7:30 a.m.
(9)
Any tutoring or instruction shall be limited to a maximum of
three students at a time.
(10)
A barbershop or beauty shop shall not include any nonresident
employees.
(11)
The main office of a medical doctor, chiropractor or dentist
shall not be permitted as a home occupation.
(13)
The use shall not involve manufacturing, other than of custom
crafts and sewing. The use shall not involve commercial repair of
motor vehicles.
(14)
Retail sales shall be limited to sales that are clearly accessory
to the primary residential use.
(15)
If more than one home occupation is accessory to a dwelling,
the total aggregate impact of the home occupations shall be considered
in determining compliance with this chapter. In any case, no more
than one nonresident employee shall be allowed to work on site at
one time.
B.
No-impact home-based businesses, as defined in the Municipalities
Planning Code,[1] shall be permitted in all residential zones of the Borough
as a use permitted by right, except that such permission shall not
supersede any deed restriction, covenant or agreement restricting
the use of land, nor any master deed, bylaw or other document applicable
to a common interest ownership community.
(1)
The business activity shall be compatible with the residential
use of the property and surrounding residential uses.
(2)
The business shall employ no employees other than family members
residing in the dwelling.
(3)
There shall be no display or sale of retail goods and no stockpiling
or inventory of a substantial nature.
(4)
There shall be no outside appearance of a business use, including
but not limited to parking, signs or lights.
(5)
The business activity may not use any equipment or process which
creates noise, vibration, glare, fumes, odors or electrical or electronic
interference, including interference with radio or television reception,
which is detectable in the neighborhood.
(6)
The business activity may not generate any solid waste or sewage
discharge in volume or type which is not normally associated with
residential use in the neighborhood.
(7)
The business activity shall be conducted only within the dwelling
and may not occupy more than 25% of the habitable floor area.
(8)
The business may not involve any illegal activity.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
C.
The home occupation proposed must be covered by a home occupation
permit, applied for by the person conducting such occupation.
(1)
The application for such permit shall include:
(a)
The name and address of the applicant.
(b)
The type of home occupation.
(c)
Whether a state license is required and, if so, whether there
is a validly issued license currently in effect.
(d)
The number of parking spaces provided for the residence and
for the home occupation.
(e)
Other information relevant to a permit for such home occupation
in the designated dwelling, including a copy of the applicant's lease,
if any, and of the deed.
(2)
Such home occupation permits are required for all home occupations,
including those already in existence.
(3)
A fee is required for a home occupation permit. Said fee includes
an inspection by the Zoning Officer for compliance with all applicable
ordinances and regulations, and such inspection shall be made prior
to the issuance of a home occupation permit.
(4)
Failure to hold a home occupation permit shall constitute a
violation of this chapter by the operator of a home occupation, and
such person, owner or lessee of a dwelling and residing therein under
the very definition of a home occupation otherwise lawful hereunder
shall be subject to the provisions of this chapter and the penalties
therein provided for violations, including hereby failure to hold
a home occupation permit.
Housing for the elderly shall be permitted by special exception
within the C-2 Zone, subject to the following criteria:
A.
The housing units are designed and intended for occupancy exclusively
by the elderly.
B.
The following uses shall be permitted as principal uses within the
housing for the elderly community:
C.
The following uses shall be permitted as accessory uses in the housing
for the elderly community for the use of residents and guests:
(3)
Each accessory use shall be located in a building occupied by
residential uses or in a community activities building.
(4)
Each accessory commercial use shall not exceed 2,500 square
feet of net floor area (for accessory commercial uses, net floor area
as defined herein shall also exclude food preparation areas and lavatories).
(5)
The total area reserved for commercial accessory uses shall
not exceed 4% of the total land area, including buildings, sidewalks,
open space, access drives and parking, and no more than 25,000 square
feet, whichever is less.
D.
Housing for the elderly communities shall meet the following area,
density, coverage and yard requirements:
(1)
Minimum development area shall be 40,000 square feet.
(2)
Maximum density for residential units shall be 18 units per
acre.
(3)
Maximum impervious lot coverage shall be 80%.
(5)
More than one building on a single lot shall meet the minimum
building-to-building spacing standards of the district.
(6)
Staging of development. When the housing for the elderly community
is to be developed in stages, the following criteria must be met:
(a)
The land development plan presented to the Borough must show
the approximate location and type of use for each stage of the development.
(b)
If nonresidential uses will be a part of the development, the
sequencing shall be shown so that not all residential development
is constructed prior to the construction of the nonresidential development,
unless the development involves an existing continuing care retirement
community that already includes existing nonresidential components,
in which case the staging requirement would not apply.
E.
Public water and public sewer shall be required.
F.
A landscaping plan for the entire tract shall be required. A landscape
architect licensed by the Commonwealth of Pennsylvania shall be retained
to complete such a plan to ensure the proper species, use, arrangement
of plant materials and installation by the developer. All areas of
the development not covered by impervious surfaces shall be landscaped
and maintained with suitable ground cover and plants.
(1)
The plan shall indicate the extent in which existing vegetation
will be preserved for landscaping purposes.
(2)
When deemed necessary by the Borough Council or Zoning Hearing
Board, earthen berms shall be incorporated into the landscaping plan
along public street frontage and along property lines abutting existing
dwellings.
(3)
Landscaped areas shall be continually maintained by the landowner
or retirement community association. Care, grooming, and replacement
of plants shall be included as part of the required maintenance. Failure
to adequately maintain landscaped areas shall be subject to a citation
issued by the Borough.
(4)
In addition to landscape elements, the plan shall include the
layout of walkways, lighting in accordance with the Borough Subdivision
and Land Development Ordinance[1] and recreation areas throughout the development for the
safety and security of the residents.
(a)
Entrances to dwelling units shall be provided with all-weather
walkways to parking and refuse collection points.
(b)
The development shall have shaded sidewalks or shaded paved
walking paths throughout the development.
(c)
The layout and design of pedestrian-level streetlighting shall
be provided throughout the development and parking areas.
(5)
Parking areas within the housing for the elderly community shall
be adequately landscaped in order to provide shade, to screen vehicles
from public streets, and to reduce glare and noise within the development
itself, and shall be designed in accordance with the Borough Subdivision
and Land Development Ordinance.
G.
The continuing care retirement community shall provide proof that
all applicable state, county and municipal licenses have been obtained.
A.
A permit to construct or make alterations to a manufactured (mobile)
home park shall be issued only after a plan which has been approved
by the Pennsylvania Department of Environmental Protection has been
filed with and approved by the Zoning Hearing Board. The Board shall
require that the surrounding areas are satisfactorily protected by
planting or other suitable buffer or screening arrangements.
B.
Manufactured (mobile) homes shall be placed only in a manufactured
home park, and each such park shall contain a minimum of five acres.
C.
Yard and area regulations.
(1)
The maximum density of manufactured (mobile) homes shall be
based on eight manufactured (mobile) homes per acre.
(2)
Each manufactured (mobile) home space shall have a minimum area
of 4,200 square feet.
(3)
Each manufactured (mobile) home space shall be at least 40 feet
wide.
(4)
There shall be a minimum of 20 feet between manufactured (mobile)
homes.
(5)
No manufactured (mobile) home shall be closer to the street
right-of-way line of a public street than the minimum requirements
of 30 feet.
(6)
All manufactured (mobile) homes shall be located a minimum of
25 feet from the manufactured (mobile) home park boundary line, and
all manufactured (mobile) homes shall be set back a minimum of 25
feet from the edge of all internal private driveways.
D.
All roads in the park shall be private driveways, shall be lighted
and shall be paved with a bituminous or concrete surface at least
24 feet wide.
E.
Each manufactured (mobile) home space shall abut on a park driveway
with access to such driveway. Access to all manufactured (mobile)
home spaces shall be from the driveways and not from public streets
or highways.
F.
Service and accessory buildings located in a manufactured (mobile)
home park shall be used only by the occupants and guests of the manufactured
(mobile) home park.
G.
Each manufactured (mobile) home space shall contain no more than
one manufactured (mobile) home for not more than one family.
H.
A manufactured home park shall only include homes of single or multiple
widths, but shall not include travel trailers or motor homes.
I.
The maximum coverage of any individual manufactured home lot by all
principal and accessory buildings and structures, including covered
patios, and decks, shall not exceed 30%.
J.
Each manufactured (mobile) home space shall be provided with a minimum
of two paved parking spaces of bituminous or concrete surface.
K.
Each manufactured (mobile) home park shall be established, maintained,
conducted and operated in strict compliance with the rules and regulations
of the Commonwealth of Pennsylvania, Department of Environmental Protection,
Chapter 4, Article 415, Regulations for Mobile Home Parks, adopted
October 30, 1959, as the same may be changed or amended from time
to time.
A.
In order that the Zoning Officer may have a reasonable basis upon
which to approve a proposed industrial operation for conformity with
the requirements of this chapter, the following data shall be submitted
with an application for a permit:
(1)
The plot plan.
(2)
The architectural plan.
(3)
A description of the operation.
(4)
Engineering and architectural plans for water supply and sewage
disposal.
(5)
Plans for prevention or control of noise, vibration, glare,
fire hazards, air pollution, water pollution and traffic.
(6)
Proposed fuel.
(7)
The number of shifts and the maximum employment per shift.
(8)
Additional pertinent data as may be required by the Zoning Officer.
B.
As a special exception, front, side or rear yards may be modified.
A.
Within the C-D Zone, private commercial recreation facilities are
permitted by right, subject to the following criteria:
(1)
If the subject property contains more than two acres, it shall
front on an arterial or collector road;
(2)
Those uses involving extensive outdoor activities shall provide
sufficient screening and/or landscaping measures to mitigate any visual
and/or audible impacts on adjoining properties;
(3)
Any structures exceeding the maximum permitted height may be
permitted so long as they are set back from all property lines at
least the horizontal distance equal to their height, plus an additional
50 feet. Furthermore, such structures shall not be used for occupancy;
(4)
The applicant shall furnish expert evidence that the proposed
use will not be detrimental to the use of adjoining properties due
to hours of operation, noise, light, litter, dust and pollution;
(5)
Required parking will be determined based upon a combination
of the types of activities proposed and the schedule listed in this
chapter. In addition, an unimproved grassed overflow parking area
provided for peak use periods may be required. Such overflow parking
areas shall be accessible only from the interior driveways of the
permanent parking lot. Overflow parking areas shall contain fencing
to prevent vehicles from crossing adjoining properties or directly
accessing adjoining roads; and
(6)
Any booths or other structures used for the collection of admission
and/or parking fees shall be set back and arranged to prevent vehicle
backups on adjoining roads during peak arrival periods. Any other
collection of fees (roaming parking lot attendants) shall be conducted
in a manner to prevent vehicle backups on adjoining roads.
B.
If, at any time after the opening of the commercial recreation facility,
the Borough of Middletown determines that traffic backups are occurring
on adjoining roads, and such backups are directly related to the means
of access to the subject property, the Borough can require the applicant
to revise means of access to relieve the undue congestion.
Public utility facilities shall be permitted in the R-1, R-1A,
and R-2 districts as a special exception, and in the C-1 and M-1 districts
as a permitted use, without regard to the use and area regulations;
provided, however, that buildings or structures erected for these
utilities shall be subject to the following regulations:
A.
Front, side and rear yards shall be provided in accordance with the
regulations of the district in which the facility is located.
B.
Height shall be as required by the district regulations.
C.
Unhoused equipment shall be enclosed with a chain link fence six
feet in height topped with barbed wire.
D.
Housed equipment. When the equipment is totally enclosed within a
building, no fence or screen planting shall be required, and the yards
shall be maintained in conformity with the district in which the facility
is located.
E.
Screen planting in residential districts. The required fence for
unhoused equipment shall be surrounded by an evergreen planting as
approved by the Planning Committee.
F.
The external design of the building shall be compatible with the
buildings in the district.
G.
For special exception applications, the applicant must demonstrate
that the selected location is necessary for public service and the
use cannot be supplied if located elsewhere.
A.
Student housing is permitted, subject to the following criteria:
(1)
Each apartment must have a minimum of 650 square feet of habitable
floor area.
(2)
The owner of a student housing building shall annually register the tenants in accordance with Chapter 219, Ordinance No. 635.
(3)
In no case shall the number of tenants exceed the number of
bedrooms in each apartment of the student housing building.
(4)
The owner of a student housing building shall obtain an occupancy
permit.
(5)
Off-street parking shall be provided for all uses on the property, in accordance with Article XVI.
(6)
Exterior fire escapes, where required, shall not be located
on any wall facing a street. Exterior fire escapes above the second
floor level shall be noncombustible.
(7)
No apartment shall be permitted in the basement or cellar of
the student housing building.
(8)
All apartments shall be served by public sanitary sewer and
public water supply utilities.
B.
The requirements of § 260-67B notwithstanding, the total coverage ratio for lots containing student housing shall not exceed 60%.
C.
The total coverage ratio for lots containing student housing may be increased, not to exceed a total of 65% by special exception, consistent with the requirements of §§ 260-69 and 260-233E(3).
Nonpersonal wind energy facilities shall be permitted in the
M-1 Zone by special exception, subject to the following:
A.
APPLICANT
FACILITY OWNER
HUB HEIGHT
NONPARTICIPATING LANDOWNER
OCCUPIED BUILDING
OPERATOR
SHADOW FLICKER
TURBINE HEIGHT
WIND ENERGY FACILITY
WIND TURBINE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
The person or entity filing an application under this section.
The entity or entities having an equity interest in the wind
energy facility, including their respective successors and assigns.
The distance measured from the surface of the tower foundation
to the height of the wind turbine hub, to which the blade is attached.
Any landowner except those on whose property all or a portion
of a wind energy facility is located pursuant to an agreement with
the facility owner or operator.
A residence, school, hospital, church, public library or
other building used for public gathering that is occupied or in use
when the permit application is submitted.
The entity responsible for the day-to-day operation and maintenance
of the wind energy facility.
Alternating changes in light intensity caused by the moving
wind rotor blade casting shadows on the ground and stationary objects.
The distance measured from the surface of the tower foundation
to the highest point of the wind rotor.
An electric generating facility whose main purpose is to
supply electricity, consisting of one or more wind turbines and other
accessory structures and buildings, including substations, meteorological
towers, electrical infrastructure, transmission lines and other appurtenant
structures and facilities.
A wind energy conversion system that converts wind energy
into electricity through the use of a wind turbine generator, and
includes the nacelle, rotor, tower, and pad transformer, if any.
B.
Applicability.
(1)
These provisions apply to all wind energy facilities proposed
to be constructed after the effective date of this chapter, except
that this chapter is not intended to apply to stand-alone wind turbines
constructed primarily for use on the property upon which the wind
turbine is located. Where permitted, stand-alone wind turbines constructed
primarily for use on the property upon which the wind turbine is located
shall conform to the following requirements:
(a)
Any structure supporting the wind turbine, including guideposts
and cables, shall be independent of any occupied structure and located
a minimum distance of the turbine height plus 10 feet from any existing
aerial utility line or occupied dwelling, and shall not be more than
75 feet in height.
(b)
The minimum distance between the wind turbine and any property
line shall not be less than twice the turbine height.
(c)
The minimum distance between the ground and the lowest point
of the wind rotor blade shall be 20 feet.
(d)
All electrical or utility lines shall be buried underground.
(e)
One wind turbine shall be permitted per lot, and all energy
produced from such turbine shall be used on the lot.
(f)
The wind turbine shall be enclosed by a six-foot fence with
locking gate or the base of the wind turbine shall not be climbable
for a distance of 12 feet.
(2)
Wind energy facilities constructed prior to the effective date
of this chapter shall not be required to meet the requirements of
this chapter; provided that any physical modification to an existing
wind energy facility that materially alters the size, type and number
of wind turbines or other equipment shall require a permit under this
chapter.
C.
A wind energy facility shall be permitted in the M-1 Zone as a special
exception, subject to the following criteria:
(1)
Any physical modification to an existing and permitted wind
energy facility that materially alters the size, type and number of
wind turbines or other equipment shall require a conditional use or
special exception permit modification under this chapter. Like kind
replacements shall not require a permit modification.
(2)
The design of the wind energy facility shall conform to applicable
industry standards, including those of the American National Standards
Institute. The applicant shall submit certificate of design compliance
obtained by the equipment manufacturers from Underwriters' Laboratories,
Det Norske Veritas, Germanischer Lloyd Wind Energies, or other similar
certifying organizations.
(3)
To the extent applicable, the wind energy facility shall comply
with the Pennsylvania Uniform Construction Code, 34 Pa. Code §§ 403.1
through 403.142.
(4)
All wind energy 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. Stall
regulation shall not be considered a sufficient braking system for
overspeed protection.
(5)
All electrical components of the wind energy facility shall
conform to relevant and applicable local, state and national codes,
and relevant and applicable international standards.
(6)
Wind turbines shall be a nonobtrusive color such as white, off-white
or gray.
(7)
Wind energy facilities shall not be artificially lighted, except
to the extent required by the Federal Aviation Administration or other
applicable authority that regulates air safety.
(8)
Wind turbines shall not display advertising, except for reasonable
identification of the turbine manufacturer, facility owner or operator.
(9)
On-site transmission and power lines between wind turbines shall,
to the maximum extent practicable, be placed underground.
(10)
The design of buildings and related structures shall, to the
extent reasonable, use materials, colors, textures, screening and
landscaping that will blend the wind energy facility into the natural
setting and existing environment.
(11)
A clearly visible warning sign concerning voltage shall be placed
at the base of all pad-mounted transformers and substations.
(12)
Visible, reflective, colored objects, such as flags, reflectors,
or tape shall be placed on the anchor points of guy wires and along
the guy wires up to a height of 10 feet from the ground.
(13)
All access doors to wind turbines and electrical equipment shall
be locked or fenced, as appropriate, to prevent entry by nonauthorized
persons.
(14)
The minimum distance between the ground and any part of the
wind rotor blade shall be 30 feet.
(15)
To limit climbing access, a six-foot-high fence with a locking
gate shall be placed around the wind energy facility, 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.
(16)
Wind turbines shall be set back from the nearest occupied building
or nonoccupied building on the participating landowner's property
a distance not less than the greatest normal boundary setback requirements
for the zoning classification or 1.1 times the turbine height, whichever
is greater. The setback distance shall be measured from the center
of the wind turbine base to the nearest point on the foundation of
the occupied building or nonoccupied building.
(17)
Wind turbines shall be set back from the nearest occupied building
or nonoccupied building located on a nonparticipating landowner's
property a distance of not less than two times the turbine height,
as measured from the center of the wind turbine base to the nearest
point on the foundation of the occupied or nonoccupied building.
(18)
All wind turbines shall be set back from the nearest property
line a distance of not less than the normal setback requirements for
that zoning classification of 1.1 times the turbine height, whichever
is greater. The setback distance shall be measured to the center of
the wind turbine base.
(19)
All wind turbines shall be set back from the nearest public
road a distance of not less than 1.1 times the turbine height, as
measured from the right-of-way line of the nearest public road to
the center of the wind turbine base.
(20)
Audible sound from a wind energy facility shall not exceed 55
dBA, as measured at the exterior of any occupied building on a nonparticipating
landowner's property. Methods for measuring and reporting acoustic
emissions from wind turbines and the wind energy facility shall be
equal to or exceed the minimum standards for prevision described in
AWEA Standard 2.1 — 1989 titled "Procedures for the Measurement
and Reporting of Acoustic Emissions from Wind Turbine Generation Systems,
Volume I, First Tier."
(21)
The facility owner and operator shall make reasonable efforts
to minimize shadow flicker to any occupied building on a nonparticipating
landowner's property.
D.
Use of public roads.
(1)
The applicant shall identify all state and local public roads
to be used within the Borough to transport equipment and parts for
construction, operation or maintenance of the wind energy facility.
(2)
The Borough Engineer or a qualified third party engineer hired
by the Borough and paid for by the applicant shall document road conditions
prior to construction. The engineer shall document road conditions
again 30 days after construction is complete, or as weather permits.
(3)
The Borough may bond the road in compliance with state regulations.
(4)
Any road damage caused by the applicant or its contractors shall
be promptly repaired at the applicant's expense.
(5)
The applicant shall demonstrate that it has appropriate financial
assurance to ensure the prompt repair of damaged roads.
E.
Local emergency services.
(1)
The applicant shall provide a copy of the project summary and
site plan to local emergency services, including paid or volunteer
Fire Department(s).
(2)
Upon request, the applicant shall cooperate with emergency services
to develop and coordinate implementation of an emergency response
plan for the wind energy facility.
F.
Signal interference. The applicant shall make reasonable efforts
to avoid any disruption or loss of radio, telephone, television or
similar signals, and shall mitigate any harm caused by the wind energy
facility.
G.
Liability insurance. There shall be maintained a current general
liability policy covering bodily injury and property damage with limits
of at least $1 million per occurrence and $1 million in the aggregate.
Certificates shall be made available to the Borough upon request.
H.
Decommissioning.
(1)
The facility owner and operator shall, at its expense, complete
decommissioning of the wind energy facility, or individual wind turbines,
within 12 months after the end of the useful life of the facility
or individual wind turbines. The wind energy facility or individual
wind turbines will be presumed to be at the end of its useful life
if no electricity is generated for a continuous period of 12 months.
(2)
Decommissioning shall include removal of wind turbines, buildings,
cabling, electrical components, roads, foundations to a depth of 36
inches, and any other associated facilities.
(3)
Disturbed earth shall be graded and reseeded, unless the landowner
requests, in writing, that the access roads or other land surface
areas not be restored.
(4)
An independent and certified professional engineer shall be
retained to estimate the total cost of decommissioning ("decommissioning
costs") without regard to salvage value of the equipment, and the
cost of decommissioning net salvage value of the equipment ("net decommissioning
costs"). Said estimates shall be submitted to the Borough after the
first year of operation and every fifth year thereafter.
(5)
The facility owner or operator shall post and maintain decommissioning
funds in an amount equal to net decommissioning costs; provided that
at no point shall decommissioning funds be less than 100% of decommissioning
costs. The decommissioning funds shall be posted and maintained with
a bonding company or federal- or commonwealth-chartered lending institution
chosen by the facility owner or operator and participating landowner
posting the financial security, provided that the bonding company
or lending institution is authorized to conduct such business within
the commonwealth and is approved by the Borough.
(6)
Decommissioning funds may be in the form of a performance bond,
surety bond, letter of credit, corporate guarantee or other form of
financial assurance as may be acceptable to the Borough.
(7)
If the facility owner or operator fails to complete decommissioning
within the period prescribed above, then the landowner shall have
six months to complete decommissioning.
(8)
If neither the facility owner or operator, nor the landowner
complete decommissioning within the periods prescribed above, then
the Borough may take such measures as necessary to complete decommissioning.
The entry into and submission of evidence of a participating landowner
agreement to the Borough shall constitute agreement and consent of
the parties to the agreement, their respective heirs, successors and
assigns that the Borough may take such action as necessary to implement
the decommissioning plan.
(9)
The escrow agent shall release the decommissioning funds when
the facility owner or operator has demonstrated and the Borough concurs
that decommissioning has been satisfactorily completed, or upon written
approval of the Borough in order to implement the decommissioning
plan.
I.
Public inquiries and complaints.
(1)
The facility owner and operator shall maintain a phone number
and identify responsible person for the public to contact with inquiries
and complaints throughout the life of the project.
(2)
The facility owner and operator shall make reasonable efforts
to respond to the public's inquiries and complaints.
(3)
The facility owner and/or operator shall keep a record of all
such inquiries and complaints and shall submit a report thereof to
the Borough not less than quarterly.
J.
Remedies.
(1)
It shall be unlawful for any person, firm, or corporation to
violate or fail to comply with or take any action which is contrary
to the terms of this article, or any permit issued under this article,
or cause another to violate or fail to comply, or to take any action
which is contrary to the terms of this article or any permit issued
under this article.
(2)
If the Borough determines that a violation of this article or
the permit has occurred, the Borough shall provide written notice
to any person, firm, or corporation alleged to be in violation of
this article or permit. If the alleged violation does not pose an
immediate threat to public health or safety, the Borough and the parties
shall engage in good faith negotiations to resolve the alleged violation.
Such negotiations shall be conducted within 30 days of the notice
of violation.
(3)
If after 30 days from the date of the notice of violation, the
Borough determines, in its discretion, that the parties have not resolved
the alleged violation, the Borough may institute civil enforcement
proceedings or any other remedy at law to ensure compliance with this
article or permit.
K.
Application for wind energy facilities.
(1)
Among other things, the application shall contain the following:
(a)
A narrative describing the proposed wind energy facility, including
an overview of the project; the project location; the approximate
generating capacity of the wind energy facility; the approximate number,
representative types and height or range of heights of wind turbines
to be constructed, including their generating capacity, dimensions
and respective manufacturers; and a description of ancillary facilities.
(b)
An affidavit or similar evidence of agreement between the property
owner and the facility owner or operator demonstrating that the facility
owner or operator has the permission of the property owner to apply
for necessary permits for construction and operation of the wind energy
facility and setting forth the applicant's and property owner's name,
address and phone number.
(c)
Identification of the properties on which the proposed wind
energy facility will be located, and the properties adjacent to where
the wind energy facility will be located.
(d)
A site plan showing the planned location of each wind turbine,
property lines, setback lines, access road and turnout locations,
substation(s), electrical cabling from the wind energy facility to
the substation(s), ancillary equipment, buildings, and structures,
including permanent meteorological towers, associated transmission
lines, and layout of all structures within the geographical boundaries
of any applicable setback.
(e)
Documents related to decommissioning.
(f)
Other relevant studies, reports, certifications and approvals
as may be reasonably requested by the Borough to ensure compliance
with this chapter.
(2)
Throughout the permit process, the applicant shall promptly
notify the Borough of any changes to the information contained in
the conditional use permit application. Changes to the pending application
that do not materially alter the initial site plan may be adopted
without a renewed public hearing.
In the event of a major storm occurrence, trailers provided
by the Federal Emergency Management Agency (FEMA) shall be a permitted
temporary use in all zoning districts.
A.
Applications for special exception uses shall be approved by the
Zoning Hearing Board, with recommendations by the Middletown Borough
Planning Committee.
B.
Applications for permitted uses involving development activities
shall be reviewed and approved by the Zoning Officer.
C.
Applications shall be accompanied by a plan providing the information
herein below required.
(2)
A property plan which provides the following information:
(a)
Tract boundaries.
(b)
Adjacent properties by deed reference and tax parcel number.
(c)
Rights-of-way and cartway of streets, avenues or alleys.
(d)
Location and description of all easements.
(e)
Topographic contour information with salient physical features.
(f)
Location of existing sanitary sewer and water supply systems.
(3)
A plan which provides the following information:
(a)
Location, type, use and mix of all buildings and facilities
existing and proposed.
(b)
Existing uses of all adjacent lands and buildings.
(c)
Existing and proposed public and/or private streets, avenues,
alleys, driveways.
(d)
Off-street parking plan, compliant with the requirements and standards of Article XVI providing sufficient spaces for all uses, existing and continued, as well as added or new uses.
(e)
Stormwater drainage facilities existing and proposed.
(f)
Erosion control plan.
(g)
Buffer areas, natural and constructed.
(h)
Impervious coverage by each building and total buildings, coverage
by driveways, parking, walkways, other facilities and total coverage.
(i)
Total tract area, tract area allocated for nonresidential uses,
tract area allocated to residential uses and residential density in
units per acre.
(4)
Reports addressing the following:
(a)
Capacity of the sanitary sewer system to handle the flow from
the development at the point at which it would be connected.
(b)
Capacity of the public water supply system to supply the necessary
domestic and firefighting water flow, at the point at which it would
be connected.
(c)
Traffic impact analysis on the public streets which provide
access to the site.
(d)
Stormwater management plan.
[Added 2-7-2017 by Ord.
No. 1336, approved 2-21-2017]
A.
Parking requirements shall follow the parking regulations in Article XVI. Academic clinical research centers shall meet the off-street parking requirements listed for colleges, universities and commercial colleges.
B.
An academic clinical research center may only grow medical marijuana
in an indoor, enclosed, and secure building which includes electronic
locking systems, electronic surveillance and other features required
by the Pennsylvania Department of Health. The grower/processor facility
shall not be located in a trailer, cargo container, mobile or modular
unit, mobile home, recreational vehicle or other motor vehicle.
C.
All external lighting serving an academic clinical research center
must be shielded in such a manner to not allow light to be emitted
skyward or onto adjoining properties.
D.
A buffer planting is required where an academic clinical research
center adjoins a residential dwelling and or building.
[Added 2-7-2017 by Ord.
No. 1336, approved 2-21-2017]
A.
A medical marijuana grower/processor may only grow medical marijuana
in an indoor, enclosed, and secure building which includes electronic
locking systems, electronic surveillance and other features required
by the Pennsylvania Department of Health. The grower/processor facility
shall not be located in a trailer, cargo container, mobile or modular
unit, mobile home, recreational vehicle or other motor vehicle.
B.
The floor area of a medical marijuana grower/processor shall include
sufficient space for production, secure storage of marijuana seed,
related finished product cultivation, and marijuana-related materials
and equipment used in production and cultivation or for required laboratory
testing.
C.
There shall be no emission of dust, fumes, vapors, odors, or waste
into the environment from any facility where medical marijuana growing,
processing or testing occurs.
D.
Marijuana remnants and by-products shall be secured and properly
disposed of in accordance with the Pennsylvania Department of Health's
policy and shall not be placed within any unsecured exterior refuse
container.
E.
The grower/processor shall provide only wholesale products to other
medical marijuana facilities. Retail sales and dispensing of medical
marijuana and related products is prohibited at medical marijuana
grower/processor facilities.
F.
Growers/processors may not locate within 1,000 feet of the property
line of a public, private, or parochial school or day-care center.
G.
All external lighting serving a medical marijuana grower/processor
must be shielded in such a manner to not allow light to be emitted
skyward or onto residential adjoining properties.
H.
Parking requirements shall follow the parking regulations in Article XVI. Medical marijuana growers/processors shall meet the off-street parking requirements listed for manufacturing plants.
I.
A buffer planting is required where a medical marijuana grower/processor
adjoins a residential use and or building.
[Added 2-7-2017 by Ord.
No. 1336, approved 2-21-2017]
[Added 2-7-2017 by Ord.
No. 1336, approved 2-21-2017]
A.
A medical marijuana dispensary must be legally registered in the
Commonwealth of Pennsylvania and possess a current valid medical marijuana
permit from the Pennsylvania Department of Health.
B.
A medical marijuana dispensary may only dispense medical marijuana
in an indoor, enclosed, permanent, and secure building and shall not
be located in a trailer, cargo container, mobile or modular unit,
mobile home, recreational vehicle or other motor vehicle.
C.
A medical marijuana dispensary may not operate on the same site as
a facility used for growing and processing medical marijuana.
D.
Medical marijuana dispensaries shall have a single secure public
entrance and shall implement appropriate security measures to deter
and prevent the theft of marijuana and unauthorized entrance into
areas containing medical marijuana and or medical marijuana equipment.
F.
A medical marijuana dispensary shall not exceed 3,000 gross square
feet, of which no more than 500 square feet shall be used to secure
storage of product, and shall have an interior customer waiting area
equal to a minimum of 25% of the gross floor area.
H.
A medical marijuana dispensary may dispense only medical marijuana
to certified patients and caregivers and shall comply with all lawful
applicable health regulations.
I.
A medical marijuana dispensary shall not be located within 1,000
feet of the property line of a public, private or parochial school
or a day-care center.
J.
A medical marijuana dispensary shall not be located within 1,000
feet from the nearest medical marijuana facility. This does not include
complementing or supporting businesses covered by different definitions.
This separation distance shall also not apply to the distance between
the grower/processor or academic clinical research centers and the
specific dispensary they serve and or partner with.
K.
Any medical marijuana facility lawfully operating shall not be rendered
in violation of these provisions by the subsequent location of a public,
private or parochial school or a day-care center.
L.
All external lighting shall not emitted skyward or onto an adjoining
residential property.
M.
A buffer planting is required where a medical marijuana dispensary
adjoins a residential use and or building.
[Added 7-18-2023 by Ord. No. 1408, approved 7-18-2023]
Within the C-1 Zone, vehicle washing facilities are permitted
by right, subject to the following criteria:
A.
The subject property shall have a lot area of at least two acres.
B.
The subject property shall have at least 200 feet of frontage along
an arterial or collector road.
C.
Where the subject property adjoins a lot with an existing residential
use, the building, on-lot traffic circulation channels, stacking lanes
and parking areas intended and designed for the vehicle washing facility
shall be set back at least 30 feet from the adjoining residential
lot lines.
D.
An on-site stacking lane or lanes with a collective length equal
to 60 feet per washing bay, as measured from the entrance to such
washing bay(s), shall be provided.
E.
On-lot traffic circulation channels, stacking lanes and parking areas
shall be clearly marked.
F.
A bypass lane shall be designed to permit vehicles to leave the vehicle
stacking lane area.
G.
Where the subject property adjoins a lot within an existing residential
zoning district or with an existing residential use, screening in
the form of evergreen trees planted no less than 10 feet on center
and no less than four feet in height shall be provided on the subject
property parallel with such adjoining residential lot line(s).
H.
If an outdoor play area is provided, it shall be enclosed by a four-foot-high
fence, shall not be located in a required off-street parking compound,
and shall comply with all yard requirements of the applicable district.
I.
Washing, polishing or cleaning of the following vehicles, as defined in § 260-12 of this chapter, and other similar large or heavy vehicles shall be prohibited:
K.
Public sanitary sewer and public water supply utilities shall be
provided. Gray water resulting from the vehicle washing operations
should be recycled on site.
L.
Water resulting from the vehicle wash operation shall not flow onto
sidewalks or streets in such a manner as could cause ice hazards.
M.
Adequate provisions shall be made for the proper and convenient disposal
of refuse. Exterior trash or recycle receptacles shall be provided
and routinely emptied to prevent the scattering of litter and debris.
N.
Where the subject property adjoins a lot with an existing residential
use, the hours of operation shall be limited to between 7:00 a.m.
and 10:00 p.m. daily.
O.
Where the subject property adjoins a lot within an existing residential
district or with an existing residential use, noise levels shall not
exceed 75 dBA as measured at the adjoining residential lot lines.
