The following specific requirements shall apply to uses whether
by right, special exception or conditional use.
A.
The site must be adequate for proper building, drainage, water supply
and sewage disposal. Site size and space requirements shall be in
accordance with applicable state or federal standards and practice
for the use proposed.
B.
Sufficient amounts of usable space are provided for recreation areas,
parking, loading, etc.
C.
The site shall not be subject to noises, odors, smoke, dirt, dust and other environmental factors which are inconsistent with the standards of § 295-87 of this chapter.
D.
Pedestrian and vehicular circulation must be designed for safety
and efficiency to achieve separation of vehicular and pedestrian traffic.
E.
The site shall be located and planned in such a manner that it can
be used for both its intended function and general community functions,
if appropriate, and shall be attractively landscaped.
A.
A statement setting forth the need and purpose of the installation
shall be filed with the Zoning Hearing Board by the applicant.
B.
Proof shall be furnished to the Board that the proposed installation
in the location specified is necessary for the convenient and efficient
operation of the public utility system or the satisfactory and convenient
provision of service by the utility to the neighborhood or area in
which the particular use is to be located.
C.
The design of any structure or use in connection with such facility
shall conform to the general character of the neighborhood in which
it is proposed to be located and will not adversely affect the safe
and comfortable enjoyment of properties in the neighborhood in which
it is located.
A.
These are uses where the primary purpose is the provision of parking
spaces, whether or not a fee is charged for use of such parking spaces.
B.
The facility is not to be used for sales, long-term storage, repair
work or servicing of any kind.
C.
Entrances and exits from the facility are to be located so as to
ensure the protection of the character of the area.
D.
All parking is to be kept back of the setback line by barrier.
E.
The parking facility shall be screened from the street and adjoining
properties in accordance with the screening requirements of this chapter.
All lighting shall be arranged to eliminate glare on adjoining properties.
A.
A statement setting forth full particulars on the operation to be
conducted within the structures and any required approvals of the
Pennsylvania Departments of Health, Labor and Industry, State and
Public Welfare shall be filed with the Zoning Hearing Board.
B.
The Board shall determine that said structure or use will not be
detrimental to surrounding property and the design of any structures
erected in connection with such use will be in keeping with the general
character of the area. Such lot shall meet the requirements of the
zone in which located as set forth in the Schedule of Area, Yard and
Height Requirements.[1]
[1]
Editor's Note: Said schedule is included as an attachment
to this chapter.
C.
All day-care centers must provide proof of an approved and currently
valid DPW license at the time of initial notification to the Borough,
and must provide proof of annual license renewal.
The conversion of single-family dwellings to up to three dwelling
units may be permitted in the specified zones, provided:
A.
Each dwelling unit, after conversion, shall contain within the unit
complete kitchen, toilet and bathing facilities.
B.
The area of the lot upon which the conversion is located contains
at least 2,000 square feet for each dwelling unit after conversion.
C.
Dwelling units shall comply with the most recent edition of the Uniform
Construction Code.
D.
No exterior structure alteration of the structure may be made except
as may be necessary for safety or for improved access.
E.
On-premises off-street parking shall be provided at a ratio of two
spaces per dwelling unit created.
A.
Area and development controls.
(1)
The minimum site area for a mobile home park shall be three acres.
Not less than 80% of the site area shall be fully capable of development
and shall not be encumbered by floodplain or flood hazard area, steep
slope area, high water table area, wetlands, a highly erodible soil
area, or area of shallow bedrock.
(2)
The minimum lot area for each mobile or modular home located in a
mobile home park shall be 7,500 square feet.
(3)
The minimum lot width for each mobile or modular home located in
a mobile home park shall be 60 feet as measured at the front right-of-way
line and as measured at the building setback line.
(4)
The minimum depth of any lot proposed within a mobile home park shall
be 120 feet as measured from the right-of-way line.
(5)
Flag lots are not permitted within a mobile home park.
(6)
The minimum front yard and the minimum rear yard for a proposed mobile
or modular home lot shall each be 30 feet.
(7)
The minimum side yard shall be 15 feet, with an aggregate side yard
width of 35 feet for each lot.
(8)
Each proposed mobile or modular home lot shall have full frontage on a public street, or on a private street (if approved by the Borough Council) meeting all paving, width and other design criteria for public streets as covered in Chapter 250, Subdivision and Land Development.
(9)
A minimum open space area comprising 20% of the mobile home park
site shall be required. Not less than 80% of the open space area shall
be usable for active recreation purposes.
(10)
The maximum lot coverage by a mobile or modular home shall not
exceed 20% of the lot area.
(11)
The maximum impervious surface coverage for a mobile home park
and for a mobile or modular home lot shall not exceed 35% of the site
area or the lot area.
(12)
The maximum height of a mobile or modular home shall not exceed
35 feet and the height of any appurtenant structures shall not exceed
a total of 30 feet.
(13)
Each mobile or modular home located in a mobile home park shall
be provided with not less than two off-street parking spaces located
either on the mobile home lot or within an approved common parking
area located not more than 150 feet from each mobile or modular home
served.
(14)
Each proposed mobile home park shall be subject to the requirements of Chapter 250, Subdivision and Land Development, to the extent that all requirements for a land development plan shall be required, including any special requirements for mobile home parks.
(15)
Modular homes in mobile home parks. A mobile home park may include
lots for modular homes, as defined herein, upon the following conditions:
(a)
There are at least 20 lots available in the mobile home park.
(b)
At least 30% of lots are designated for mobile homes and at
least 30% of lots are designated for modular homes.
(c)
All lots designated for mobile homes and all lots designated
for modular homes shall be contiguous to each other except for divisions
caused by streets, alleys, or roadways. In no event shall less than
four mobile home lots or four modular home lots of the same type of
improvement stand alone.
(d)
Modular home. For the purposes of this subsection, modular home
shall be defined as a single-family dwelling intended for permanent
occupancy, which is wholly, or in substantial part, made, constructed,
formed, or assembled in manufacturing facilities for installation,
or assembly and installation, on a building site of premade parts
and unit modules.
B.
Special regulations for mobile home parks.
(2)
Each mobile home park shall provide for complete, on-site stormwater
management and erosion control facilities which shall be designed
in accordance with the requirements of all applicable Borough ordinances.
(3)
Each mobile home park shall provide for centrally located refuse
disposal container areas designed to serve a maximum of 20 individual
mobile homes each. Each such container space shall not be less than
200 square feet in area, shall be fenced or buffered by a landscape
screen and shall be easily accessible (within 250 feet of the mobile
or modular homes served). Paved walkways shall be provided to the
refuse container spaces. Containers shall be weatherproof, verminproof
and accessible to a street or driveway for vehicular loading or removal.
Waste in all refuse disposal containers shall be collected at least
once a week.
(4)
A central service building or buildings may be provided within a
mobile home park, containing such accessory uses as a management office,
laundry facilities, a repair and maintenance office, meeting rooms
and toilets, resident mailbox facilities, indoor recreational facilities
for residents only, and enclosed storage closets for residents only.
(5)
Each individual mobile or modular home shall be located on a foundation
and be able to withstand forces in accordance with the most recent
edition of the Uniform Construction Code.
(6)
All exterior sides of each mobile home shall be provided with a permanent
skirt covering the entire space between the concrete pad and the exterior
siding of the unit. The skirt shall be of compatible design and material
of the unit. Sufficient ventilation to prohibit decay and deterioration
of the structure shall be provided. Skirting around the entire base
of the mobile home shall be constructed with 30 days of placement
of the mobile home in the park.
(7)
Permitted accessory buildings or accessory uses may not be located
in a required yard.
(8)
Screening (buffer strips) shall be provided along all property and
street boundary lines. Said screening shall be installed by the developer
in accordance with this chapter.
(9)
Any entrance and exit to a mobile home park shall be on a public
street.
(10)
Each mobile home park shall have a minimum of two means of egress
and ingress, and a distance of at least 150 feet shall be maintained
between center lines of these required access streets.
(11)
Electrical, telephone, and television cable service utilities
shall be provided underground.
(12)
The tongue and hitch assembly used to tow a mobile home shall
be removed within 30 days of placement of the mobile home in the mobile
home park.
(13)
All mobile home park streets, auxiliary parking lots, and common
walkways shall be illuminated during night hours. Spacing and height
of illumination shall be based on recommendations of the electric
utility.
(14)
No part of any mobile home park shall be used for a nonresidential
purpose except such uses that are required for the direct servicing
and well being of the park residents and for the management and maintenance
of the park.
(15)
Exposed ground surfaces in all parts of every mobile home park
shall be paved or covered with stone, screening or other solid material
or protected with a vegetation growth that is capable of preventing
soil erosion and the emanation of dust during dry weather.
(16)
Mobile home park grounds shall be maintained free of vegetative
growth which is poisonous or which may harbor rodents, insects or
other pests harmful to human beings.
C.
License for mobile home parks; application therefor and issuance
thereof.
(1)
It shall be unlawful for any person to establish, operate or maintain
or permit to be established, operated or maintained upon any property
owned or controlled by him, a mobile home park within the limits of
the Borough without having first secured a license therefor from the
Borough Manager, granted and existing in compliance with the terms
of this chapter, which license shall expire one year from the date
of issuance, but may be renewed under the provisions of this chapter
for additional periods of one year.
(2)
The application for an initial mobile home park license shall be
filed with the Borough Manager and shall be accompanied by a fee as
established from time to time by resolution of the Borough Council
for each mobile home space in the existing or proposed mobile home
park. The application shall be in writing, signed by the applicant
and shall include the following:
(a)
The name and address of the applicant.
(b)
The name and address of the owner or owners of the land upon
which the mobile home park is to be laid out or is maintained.
(c)
The location and legal description of the mobile home park.
(d)
A complete plan of the park setting forth roadways and driveways,
locations of mobile home spaces, location and size of all utility
lines, method and plan of sewage disposal, method and plan of garbage
removal, plan for water supply, and plan for electrical lighting.
(e)
Plans for and specifications for all buildings, improvements
and facilities constructed or to be constructed within the mobile
home park.
(f)
Such further information as may be requested by the Borough
Manager's Office to enable it to determine if the proposed mobile
home park will comply with legal requirements.
(g)
The applications and all accompanying plans for specifications
shall be filled in triplicate. The Borough Manager or his duly appointed
designee shall investigate the applicant and inspect the applications
and the proposed plans and specifications. If the proposed mobile
home park will, when constructed or altered in accordance with such
plans and specifications, be in compliance with all provisions of
this chapter and all other applicable ordinances and statutes, the
Borough Manager shall approve the application and upon completion
of the park according to the plans shall issue the license.
(3)
Upon application in writing by a licensee for renewal of a license
and upon payment of the annual license fee, the Borough Manager shall
issue a certificate renewing such license for another year. The fee
shall be established from time to time by resolution of Borough Council.
(4)
Upon application in writing for a transfer of a license and payment
of a transfer fee as established from time to time by resolution of
the Borough Council, the Borough Manager shall issue a transfer.
D.
Maintenance of facilities. The operator and owner shall be responsible
for maintaining all common facilities, including but not limited to
roads, parking areas, sidewalks or pathways, common open space, water
supply and sewage disposal systems and service buildings, in a condition
of proper repair and maintenance. If upon inspection by the Zoning
Officer, it is determined that the mobile home park is not in compliance
with this standard of maintenance, the licensee shall be considered
to be in violation of this chapter and the Zoning Officer shall notify
the operator or licensee of the particulars of any such violation.
The operator and licensee shall thereafter correct any such violations.
If the violation is determined by the Zoning Officer to constitute
a hazard to the health and safety of the residents of the mobile home
park, he shall order that the violation be corrected forthwith.
E.
Maintenance bond.
(1)
In addition to any performance bond which may be required for public
facilities or utilities, the licensee of a mobile home park shall,
prior to issuance of any certificate of occupancy pursuant to final
approval of an application, post with the Borough a maintenance bond
in a form acceptable to the Borough a maintenance bond in a form acceptable
to the Borough Solicitor, in an amount sufficient to cover for a period
of two years the cost of maintenance of all common facilities, as
determined by the Borough Zoning Officer or Borough Engineering Department.
The bond shall remain in effect for the duration of the operation
of the mobile home park.
(2)
In the event of failure to maintain facilities, the Borough may call
the maintenance bond and use the proceeds thereof to effect correction
of the violations.
A.
Proposed traffic flow and ingress-egress shall not cause traffic
hazards or traffic backup on adjacent streets.
B.
Signs and outdoor lighting shall be in accordance with specific provisions
of this chapter.
C.
Access points shall be limited to two on each street abutting the
lot.
D.
On-lot traffic circulation channels and parking areas shall be clearly
marked and sufficient to accommodate anticipated traffic.
E.
Provisions shall be made for proper and convenient disposal of refuse.
F.
Surface water runoff shall be managed on site.
A.
Gasoline fuel pumps shall be at least 25 feet from any street right-of-way.
B.
All automobile parts and dismantled vehicles shall be located within
a building.
C.
Outdoor paint spraying or body and fender work shall not be permitted.
D.
Automobiles taken to a service station or garage for outside storage
because of an accident may remain without repairs being initiated
no longer than 15 days from the initial date.
A.
Minimum lot area: 15,000 square feet.
B.
Signs and outdoor lighting shall be in accordance with specific provisions
of this chapter.
C.
Provisions shall be made for proper and convenient disposal of refuse.
D.
Off-street parking shall be provided in accordance with the provisions
of this chapter.
E.
A fifteen-foot buffer area, consisting of evergreen plant material
at least six feet high and no more than 40% open, shall be provided
where any lot abuts a residential zone.
A bed-and-breakfast use is a use provided within an existing
single-family detached dwelling to accommodate transient overnight
guests for rent.
A.
No more than 10 rental units shall be provided and no more than four
persons may occupy one rental unit.
B.
At least one bathroom shall be provided for each two guest rooms
in addition to at least one bathroom provided for the principal residential
use.
C.
Lot area and setback requirements for the zone in which the bed-and-breakfast
is located shall prevail.
D.
Detached dwellings which are converted must maintain the appearance
of a detached dwelling with a single front entrance. Additional entrances
may be placed on the side or rear of the structure. Exterior stairways
and fire escapes shall be located on the rear wall in preference to
either side wall and in no case on a front or side wall facing a street.
E.
Except as may be necessary for purposes of safety in accordance with
the preceding subsection, there shall be no major structural change
in the exterior of the building in connection with the conversion.
After conversion, the building shall retain substantially the same
structural appearance it had before such conversion.
F.
The use shall be carried on by members of a family, who must reside
on the primary premises. In addition, a maximum of two nonresident
employees may be utilized.
G.
There shall be no separate cooking facilities in any guest room.
Food shall only be served to guests who are staying overnight.
H.
The maximum, uninterrupted length of stay at a bed-and-breakfast
shall be 14 days.
I.
The use of any amenities provided by the bed-and-breakfast, such
as swimming pool or tennis court, shall be restricted in use to the
overnight guests and permanent residents of the establishments.
A.
No such establishment shall be permitted:
(1)
Within 75 feet of any residential district; or
(2)
Within 750 feet of any house of worship, school, day-care center,
preschool, municipal facility, nonprofit recreation facility, including
but not limited to YMCA, Boy Scouts and Girl Scouts; or
(3)
Within 750 feet of any establishment licensed by the Pennsylvania
Liquor Control Board to disperse alcoholic beverages or other controlled
substances; or
(4)
Within 750 feet of any restaurant, eating establishment, hotel or
motel; or
(5)
Within 750 feet of any club or fraternal lodge; or
(6)
Within 750 feet of any adult health fitness center, massage parlor,
adult nightclub, massage parlor, adult theater and adult bookstores
or any other similar establishments.
B.
All such establishments shall be subject to Ordinance No. 865 of
the Borough of Waynesboro as amended from time to time, regarding
obscene materials.
A.
Density. Area, yard, height and building requirements shall conform
to the requirements of this chapter for multifamily dwellings in a
R-M Medium Density Residential Zone.
B.
Location within zone. No halfway house shall be permitted:
(1)
Within 200 feet of any residential district; or
(2)
Within 750 feet of any house of worship, school, day-care center,
preschool, municipal facility, nonprofit recreation facility, including
but not limited to YMCA, Boy Scouts and Girl Scouts; or
(3)
Within 750 feet of any establishment licensed by the Pennsylvania
Liquor Control Board to disperse alcoholic beverages or other controlled
substances; or
(4)
Within 750 feet of any restaurant, eating establishment, hotel or
motel; or
(5)
Within 750 feet of any club or fraternal lodge; or
(6)
Within 750 feet of any other halfway house.
A.
No material shall be placed in any junkyard in such a manner that
it is capable of being transferred out of the junkyard by wind, water
or other natural causes.
B.
The boundaries of any junkyard shall at all times be clearly delineated.
C.
All paper, rags, cloth and other fibers, and activities involving
the same, other than loading and unloading, shall be within fully
enclosed buildings.
D.
The land area used for junkyard purposes shall not be exposed to
public view from any public street or road by virtue of its location
on a hillside or location on a plateau below street level.
E.
Such junkyard shall be entirely enclosed by a solid fence or wall,
at least eight feet but no more than 10 feet high, constructed of
wood, brick, plastic, cinder block or concrete, with access only through
solid gates. The fence or wall shall be situated no closer to any
street, alley or property line than 50 feet, but shall be at least
100 feet from any permanent residential building. Such fence or wall
shall be kept in good repair and neatly painted in a uniform color.
F.
The contents of such a junkyard shall not be placed or deposited
to a height greater than the height of the fence or wall herein prescribed.
G.
Between the fence or wall and the street or property line, buffer
plantings shall be placed that are either:
(1)
One deciduous tree (two inches caliper minimum) at an average of
one tree per 40 lineal feet of buffer plus one evergreen tree (three
foot minimum height) at an average of one tree per 20 lineal feet
of buffer; or
(2)
One deciduous tree (two inches caliper minimum) at an average of
one tree per 40 lineal feet of buffer plus one deciduous shrub (three
foot minimum height) per four lineal feet of buffer. Shrubs shall
be privet, forsythia or viburnum species.
H.
All materials shall be stored in such a manner as to prevent the
breeding or harboring of rats, insects or other vermin. When necessary,
this shall be accomplished by enclosure in containers, raising of
materials above the ground, separation of types of material, preventing
the collection of stagnant water, extermination procedures or other
means.
I.
No explosive, toxic, radioactive or highly flammable materials shall
be kept on the property.
J.
No burning shall be carried on in any junkyard. Fire shall be prevented
and hazards avoided by organization and segregation of stored materials,
with particular attention to the separation of combustibles from other
materials and enclosure of combustibles where necessary (gas tanks
shall be drained), by the provision of aisles (at least 15 feet in
width) for escape and firefighting and by other necessary measures.
K.
All vehicles must be drained of all liquids before they are placed
in the junkyard. An impervious base, free of cracks and sufficiently
large for draining liquids from all vehicles, shall be provided. The
base should be sloped to drain to a sump or holding tank and liquid
shall be removed from the site as often as is necessary to prevent
overflow of the system. Curbing around the pad must be able to retain
runoff from a one-hundred-year, twenty-four-hour storm. All hazardous
liquids shall be properly disposed of according to the Department
of Environmental Protection's rules and regulations.
L.
A zoning permit shall be obtained on an annual basis.
A.
Objective. The objective of these provisions is to encourage the
innovative design and development of the town center where multiple
yet distinct land uses are combined into a single unified development
project, to encourage a planned arrangement of individually-owned
and operated uses within complementary functional categories, including
professional and business offices, retail sales and commercial services,
residential, recreation/leisure time and specialized commercial-business,
to provide a planned development that serves existing and foreseeable
needs of the Borough and surrounding service areas, to carefully plan
traffic circulation and off-street parking in order to avoid traffic
congestion and inadequate parking, and to encourage the planning and
utilization of land and the harmonious design, erection and use of
buildings in a diversified commerce-business-residential center that
will contribute to the economic base of Waynesboro Borough and otherwise
further the purposes of this chapter.
B.
Plan requirements. Any application filed for planned town center
development approval shall include, but not be limited to, documents
and materials illustrating the following information:
(1)
The location, size and topography of the site.
(2)
The nature of the landowner's involvement in the development.
(3)
The proposed functional use areas within the development, distinguishing
between types of uses proposed within each functional area.
(4)
The location, rights-of-way, cartway widths of proposed streets,
designating those which are proposed to be dedicated to the Borough.
(5)
The use and approximate height, bulk and location of existing and
proposed buildings and other structures.
(6)
The location, function, size, ownership and manner of maintenance
of any common open space and public circulation areas.
(7)
The location, dimensions and arrangement of all open spaces, yards,
accessways, entrances, exits, off-street parking facilities, loading
and unloading facilities, pedestrianways and buffer strips.
(8)
The capacity of all areas to be used for automobile access, parking,
loading and unloading.
(9)
The character of buffer areas and screening devices to be maintained,
including the dimension and arrangement of all areas devoted to planting,
lawns, trees or similar purposes.
(10)
The proposal for sanitary sewerage, water supply and stormwater
disposition systems.
(11)
The proposed location for all underground utility lines.
(12)
The substance of covenants, grant of easements or other restrictions
to be imposed upon the use of land, buildings and structures, including
proposed grants and/or easements for common open space areas and public
utilities, and the legal form of provision thereof.
(13)
In the case of plans which call for development in stages, a
schedule showing the approximate time within which applications for
final approval of each stage of planned town center development are
intended to be filed and the approximate number and type of uses planned
for each stage.
(14)
A feasibility and land use market study done by an independent
professional consulting firm. The study shall include or be supplemented
with documentation indicating the impact of the completed planned
town center development upon public facilities, utilities, services,
street systems and existing development.
(15)
Sufficient data, in all instances, to enable the Borough Council
and Planning Commission to judge the effectiveness of the design and
the character of the entire planned town center development and to
consider properly such things as its relationship to surrounding areas,
anticipated traffic, public health, safety and welfare.
C.
Function and use regulations. Any combination of uses listed as permitted
uses in the Town Center Zone (TC) may be included in a planned town
center development in the Town Center Zone and any combination of
uses permitted in the Downtown Business District (DBD) may be included
in a planned town center development in the DBD Zone.
D.
Area regulations.
(1)
The proposed development shall be constructed in accordance with
an overall plan and shall include the planned phasing and schedule
of construction. The overall plan shall be designed as a single architectural
scheme with appropriate common landscaping, and shall provide, initially
at least, for the construction of a minimum of 25% of the total ground
floor area. If the development of the center is to be carried out
in progressive stages, each stage shall be planned so that the previous
and following requirements and intent of this chapter shall be fully
complied with at the completion of any stage.
(2)
No planned town center development shall be less than 20,000 square
feet. Not more than 70% of the area of each site shall be occupied
by buildings.
(3)
Front, side and rear yards shall be provided on each site as follows:
(4)
Vehicular access points to the development and any street frontage
improvements, including widening and directional turning lanes, if
necessary, shall be an integral part of the development.
(5)
When appropriate, the applicant shall provide a street network within
the boundaries of the property which meet the following requirements:
(6)
Pedestrian walkways and entranceways must provide direct access from
existing and designated new parking areas and shall connect with the
existing pedestrian circulation system. The applicant shall demonstrate
that the proposed pedestrian circulation network will be able to accommodate
the volume of use anticipated from the proposed development without
adverse congestion, will be aesthetically pleasing for users, will
offer amenities such as sitting areas where appropriate, and will
offer protection to the users from other modes of travel (e.g., automobiles,
buses, bicycles).
(7)
Whenever a proposed development is a residential-nonresidential mixed
use to be located adjacent to residential zones, the applicant shall
locate proposed residential uses adjacent to residential zones. In
the case of a proposed development of nonresidential uses planned
for construction adjacent to a residential zone, the applicant shall
demonstrate that proposed uses will be buffered in such a way so as
to provide a harmonious transition from nonresidential to residential
use. To accomplish this, the applicant may incorporate design elements,
including, but not limited to, open space corridors, natural vegetation
screens, park and recreation facilities or landscaping and ornamental
pavement.
(8)
All parking, loading, access and service areas and pedestrian and
vehicular transportation corridors shall be adequately illuminated
at night. Such lighting, including sign lighting, shall be arranged
so as to protect streets and adjoining property from direct glare
or hazardous interference of any kind. All utility lines servicing
the proposed development shall be placed underground.
(9)
Any proposed town center development shall be designated and construction as a unit in which the architectural style, facade, characteristics and sign treatments blend harmoniously with each other and with the adjacent properties of the town center. No sign or other structure shall be erected unless it fully complies with the requirements of Article XI of this chapter.
E.
Height requirements. No structure shall be any higher than 100 feet.
F.
Off-street parking and loading requirements.
(1)
The total number of parking spaces to be provided shall be determined by the individual uses proposed and in accordance with Article X, unless otherwise provided for by Subsection F(2) below. The total number or a portion of the required parking spaces should be located on the premises if appropriate space is available.
(2)
When space is not available or appropriate, with the approval of
the Borough Council, the applicant may demonstrate that the required
off-street parking spaces are available within walking distance of
800 feet. The applicant shall produce written documentation of an
agreement with the owner of off-premises parking space to demonstrate
that the required number of parking spaces have been leased and assigned
to the applicant for the sole purpose of meeting the parking requirements
of the applicant's intended use. The applicant may be required
to contribute funds to the Borough for future construction of a public
parking lot, the amount to be determined on a cost per required space
basis.
G.
Adherence to requirements. The requirements expressed above for planned
town center development shall be met unless the applicant can demonstrate
that the characteristics of the building site or structure design
make adherence to the expressed requirements physically infeasible.
In such cases, the applicant shall provide an alternative which in
the opinion of Borough Council satisfies the objectives of the requirements
set forth for planned town center development.
H.
Compliance with plans. Any proposed development shall be in strict
accordance with the goals and objectives of the Comprehensive Plan.
Furthermore, the applicant must demonstrate that the proposed development
conforms with any more detailed plans and designs for the town center
which have been adopted or approved by the Borough or submitted by
an agency or organization responsible for town center improvement.
I.
Time limit on construction permit. Permits issued pursuant to this
section shall expire within one year after date of issuance thereof,
unless the approved project is completed, or unless the Borough Council
shall extend the permit for successive terms not exceeding one year
each. In those cases where the original permit is issued and the construction
schedule calls for a term of longer than one year, the permit shall
be automatically renewed by the Zoning Officer for an additional one-year
period, subject to such safeguards as the Zoning Officer may prescribe
in the public interest.
J.
Development plan changes during construction. After the final development
plan has been approved and when, in the course of carrying out this
plan, adjustments or rearrangements of buildings, parking areas, entrances,
heights or yards are requested by the developer, and such requests
conform to the standards established by the approved final development
plan for the area to be covered by buildings, parking space, entrances,
height, functions, setbacks and lot area requirements, such adjustments
may be approved by the Borough Council upon application after receiving
recommendations of the Planning Commission.
A.
Nonresidents employed on site shall not exceed two persons.
B.
The maximum floor area devoted to any home occupation or home professional
office whether situated in the dwelling or accessory building shall
not exceed 25% of the total habitable room area of the dwelling and
any accessory building.
C.
A sign indicating products made or services rendered shall not exceed
three square feet. Only one sign is permitted.
D.
Adequate space for required off-street parking and loading shall
be provided.
E.
There shall be no change in the existing outside appearance of the
building or premises or other visible evidence of the conduct of such
home occupation or home professional office other than a sign.
F.
No machinery or equipment shall be permitted that produces noise,
light vibration or odor, beyond the boundary of the subject property.
The following limits apply:
(1)
Noise. Shall not exceed 65 decibels on the dBA scale.
(2)
Lights. Shall not exceed the equivalent of that given by 0.20 lumens.
(3)
Vibrations. No use shall cause earth vibrations or concussion detectable
beyond the boundary of the property without the aid of instruments,
with the exception of vibrations produced as a result of construction
activity, and then only within safe limits to avoid neighboring property
damage.
(4)
Odor. No use other than agricultural shall emit odors discernible
without the aid of instruments beyond the boundary of the property.
A.
Applicability. Forestry activities, including timber harvesting,
shall be a permitted use by right in all zoning districts. These regulations
apply to all timber harvesting within the Borough where the project
area exceeds two acres for clear cutting operations and five acres
for selective cutting operations. These provisions do not apply to
the cutting of trees for the personal use of the landowner or for
precommercial timber stand improvement.
B.
Notification; preparation of a logging plan.
(1)
Notification of commencement or completion. For all timber harvesting
operations with a project area exceeding two acres for clear cutting
operations and five acres for selective cutting operations, the landowner
shall notify the Zoning Officer at least 10 business days before the
operation commences and within five business days before the operation
is complete. No timber harvesting shall occur until the notice has
been provided. Notification shall be in writing and shall specify
the land on which harvesting will occur, the expected size of the
harvest area, and, as applicable, the anticipated starting or completion
date of the operation.
(2)
Logging plan. Every landowner on whose land timber harvesting is
to occur shall have a written logging plan in the form specified by
this chapter. No timber harvesting shall occur until the plan has
been prepared. The provisions of the plan shall be followed throughout
the operation. The plan shall be available at the harvest site at
all times during the operation and shall be provided to the Zoning
Officer upon request. The plan shall incorporate best management practices
(BMPs) for forestry. As a minimum, the logging plan shall include
the following:
(a)
Design, construction, maintenance, and retirement of the access
system, including haul roads, skid roads, skid trails, and landings;
(b)
Design, construction, and maintenance of water control measures
and structures such as culverts, broad based dips, filter strips,
and water bars;
(c)
Design, construction, and maintenance of stream and wetland
crossings;
(d)
The general location of the proposed operation in relation to
Borough and state streets, including any accesses to those streets;
(e)
Site location and boundaries, including both the boundaries
of the property on which the timber harvest will take place and the
boundaries of the proposed harvest area within that property;
(f)
Significant topographic features related to potential environmental
problems;
(g)
Location of all earth disturbance activities such as roads,
landings, and water control measures and structures;
(h)
Location of all crossings of waters of the commonwealth.
(3)
Responsibility for compliance. The landowner and the operator shall
be jointly and severally responsible for complying with the terms
of the logging plan.
C.
Compliance with state law. The logging plan shall address and comply
with the requirements of all applicable state regulations, including,
but not limited to, the following:
(1)
Erosion and sedimentation control regulations contained in Title
25 Pennsylvania Code, Chapter 102, promulgated pursuant to The Clean
Streams Law (35 P.S. § 691.1 et seq.). An erosion and sedimentation
plan shall be on-site and shall be approved by the Franklin Conservation
District when required.
(2)
Stream crossing and wetlands protection regulations contained in
Title 25 of the Pennsylvania Code, Chapter 105, promulgated pursuant
to the Dam Safety and Encroachments Act (32 P.S. § 693.1
et seq.).
D.
Relationships of state laws, regulations, and permits to the logging
plan. Any permits required by state laws and regulations shall be
attached to and become part of the logging plan.
E.
Responsibility for road maintenance and repair: road bonding. Pursuant
to Title 75 of the Pennsylvania Consolidated Statutes, Chapter 49,
and Title 67 of the Pennsylvania Code, Chapter 189, the landowner
and the operator shall be responsible for repairing any damage to
public roads caused by traffic associated with the timber harvesting
operation to the extent the damage is in excess of that caused by
normal traffic, and may be required to furnish a bond to guarantee
the repair of such damages. No mud/debris shall remain on public roads.
F.
Enforcement.
(1)
The Zoning Officer or other party designated by the Borough Council
shall be the enforcement officer for this section.
(2)
Inspections. The Zoning Officer or other designated party may go
upon the site of any timber harvesting operation before, during, or
after active logging to review the logging plan or any other required
documents for compliance with this section and inspect the operation
for compliance with the logging plan and other on-site requirements
of these regulations.
A.
All structures and graves shall be setback a minimum of 30 feet from
the lot line of an abutting dwelling or any undeveloped residentially
zoned lot, 20 feet from the right-of-way of any public street and
10 feet from the cartway of an internal driveway.
B.
No grave sites shall be located within the one-hundred-year floodplain.
C.
The use shall include an appropriate system to ensure perpetual maintenance.
Weekly religious education rooms and meeting rooms are permitted
accessory uses provided that such uses are of such a character and
intensity that they would be clearly customary and incidental to the
house of worship. A primary or secondary school and/or a day-care
center and/or a building for congregation recreation activities and
as a gym are permitted on the same lot as a house of worship as long
as requirements for such uses are also met and such uses are allowed
in the district and all necessary approvals are secured.
A.
All storage units shall be fire-resistant and water-resistant.
B.
Outdoor storage shall be limited to recreational vehicles, boats
and trailers. No junk vehicles shall be stored outside a building.
C.
Trash, radioactive or highly toxic substances, garbage, refuse, explosives
or flammable materials, hazardous substances, animal carcasses or
skins, or similar items shall not be stored.
D.
Nothing shall be stored in interior traffic aisles, required off-street
parking areas, loading areas or accessways.
E.
Bodywork on vehicles shall not be permitted. The use shall not include
a commercial auto repair garage.
F.
Adequate lighting shall be provided for security.
A.
Purpose. The purpose of this section is to establish general guidelines
for the setting of telecommunications towers and antennas. The goals
are to: protect residential areas and land uses from potential adverse
impacts of telecommunications towers and antennas; strongly encourage
the joint use of new and existing telecommunications tower sites as
a primary option rather than the construction of additional single-use
telecommunications towers; encourage users of telecommunications towers
and antennas to locate them, to the extent possible, in areas where
the adverse impact to the community is minimal; encourage users of
telecommunications towers and antennas to configure them in a way
that minimizes the adverse visual impact of telecommunications towers
and antennas through careful design, setting, landscape screening
and innovative camouflaging techniques; enhance the ability of the
providers of telecommunications services to provide such services
to the community quickly, effectively and efficiently; consider the
public safety of telecommunications towers; and minimize potential
damage to adjacent properties from tower failure through engineering
and careful siting of telecommunications tower structures. In furtherance
of these goals, the Borough Council shall give due consideration to
existing land uses and environmentally sensitive areas in approving
sites for the location of telecommunications towers and antennas.
B.
All new towers and antennas shall be subject to these regulations,
except as provided herein. This section shall not govern any radio
tower, or the installation of any radio antenna that is less than
40 feet in height.
Preexisting towers and preexisting antennas shall not be required
to meet the requirements of this chapter, other than as provided herein.
C.
For purposes of determining whether the installation of a tower,
antenna or communications equipment building complies with district
regulations, including but not limited to setback requirements, lot
coverage requirements, and other such requirements, the dimensions
of the entire lot shall control, even though the antennas or towers
may be located on leased parcels within such lot.
D.
Inventory of existing sites. Each applicant for a tower shall provide
to the Borough Council an inventory of its existing towers, antennas,
or sites approved for towers or antennas, that are either within the
Borough or within five miles of the border thereof, including specific
information about the location, height, and design of each tower.
The Borough Council may share such information with other applicants
applying for approvals under this chapter or other organizations seeking
to locate towers within the jurisdiction of the Borough; provided,
however, that the Borough Council is not, by sharing such information,
in any way representing or warranting that such sites are available
or suitable.
E.
Towers and antennas shall meet the following requirements:
(1)
Towers shall either maintain a galvanized steel finish or, subject
to any applicable standards of the Federal Aviation Administration
(FAA), be painted a color so as to reduce visual obtrusiveness, or
colored to blend into the natural setting and surroundings.
(2)
At a tower site, the design of the buildings and related structures
shall, to the extent possible, use materials, colors, textures, screening,
and landscaping that will blend them into the natural setting and
surrounding buildings.
(3)
If an antenna is installed on a structure other than a tower, the
antenna and supporting electrical and mechanical equipment must be
of a neutral color that is identical to, or closely compatible with,
the color of the supporting structure so as to make the antenna and
related equipment as visually unobtrusive as possible.
(4)
Towers shall not be artificially lighted, unless required by the
FAA, the Borough Council or other applicable authority. If lighting
is required, the lighting alternatives and design chosen shall be
approved by the Borough Council and conform to FAA regulations.
(5)
Towers shall be monopole construction.
F.
All towers must meet or exceed current standards and regulations
of the FAA, the FCC, and any other agency of the state and federal
government with the authority to regulate towers and antennas. If
such standards and regulations are changed, then the owners of the
towers and antennas governed by this chapter shall bring such towers
and antennas into compliance with such revised standards and regulations
within six months of the effective date of such standards and regulations,
unless a different compliance schedule is mandated by the controlling
state or federal agency. Failure to bring towers and antennas into
compliance with such revised standards and regulations shall constitute
grounds for the removal of the tower or antenna at the owner's
expense.
G.
To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable state or local building codes and the applicable standards for towers that are published by the Electronic Industries Alliance, as amended from time to time. If, upon inspection, the Borough Code Enforcement Officer concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then the administration and enforcement provisions of Article XIII shall apply.
H.
For purposes of measurement, tower setbacks and separation distances
shall be calculated and applied to facilities located in the Borough
irrespective of municipal and county jurisdiction boundaries.
I.
Towers and antennas shall be regulated and permitted pursuant to
this chapter and shall not be regulated or permitted as essential
services, public utilities, or private utilities.
J.
Owners and/or operators of towers or antennas shall certify that
all licenses required by law for the construction and/or operation
of a communication system in the Borough have been obtained and shall
file a copy of all required licenses with the Borough Zoning Officer.
K.
No signs shall be allowed on an antenna or tower, except where required
by law or approved by the Borough Council.
L.
All towers must meet American National Standards Institute, Electronic
Industries Alliance (EIA), and Telecommunications Industry Association
(TIA) tower specifications requirements. Further, the tower must be
built to withstand 100 mph sustained winds with a uniform loading
of 50 pounds, or short duration gusts of up to 150 mph, or such higher
standards as may be set by ANSI, EIA, or TIA. The tower shall be constructed
with consideration of seismic conditions in the Borough. An independent
structural engineer (retained and paid for by the applicant) registered
in Pennsylvania shall attest to the proposed tower's ability
to meet these requirements, certify proper construction of the foundation
and erection of the tower, and certify the tower can structurally
accommodate the proposed users of the tower.
M.
The maximum height of a communication tower shall be 150 feet.
N.
There shall be no overhead electrical transmission lines within a
one-hundred-fifty-foot radius of the tower.
|
Off-Site Uses/Designated Area
|
Separation Distance
(from base of tower)
|
|---|---|
|
Residential dwelling units
|
250 feet
|
|
Vacant residentially zoned land which is either platted or has
preliminary subdivision plan approval which is not expired
|
250 feet
|
|
Vacant unplatted residentially zoned lands
|
100 feet or 1.25 times the height of the tower, whichever is
greater
|
|
Inhabitable nonresidential structures
|
250 feet
|
|
Nonresidentially zoned lands
|
100 feet or 1.25 times the height the tower, whichever is greater
|
O.
Each new tower shall have a fall zone free of structures except for
accessory communications facilities equivalent to the height of said
tower, which area shall be measured from the location of said tower
in a 360° radius equal to the height of the same, which area shall
be under the control of the applicant constructing said tower through
ownership, lease, easement or agreement.
P.
The owners of the communication tower shall secure the tower base
with a chain link fence which shall be a minimum of eight feet in
height and topped with barbed wire. In addition to boundary security,
all communication towers shall have means to prevent unauthorized
climbing of the tower.
Q.
All communication tower owners shall provide the Borough Council
with evidence that the emission of radio waves emanating from the
antenna will neither cause harm to an individual by its operation
or cause measurable radio interference to the reception or operation
of AM radios, TV and FM reception, car, cellular or portable phones,
heart pacemakers, garage door openers, remote control units for models,
and other radio dependent devices in general use within the Borough
and is in compliance with all Federal Communications Commission regulations
and the Telecommunications Act of 1996.[1]
[1]
Editor's Note: See 47 U.S.C. § 609.
R.
If measurable radio interference does result from the installation
and use of the communication antenna, the owner of that tower shall
be required to cease operation immediately, until the problem is corrected,
or if the problem is not correctable to abandon the operation entirely.
S.
The owner of any communication tower shall be required to routinely submit to the Borough Zoning Officer proof of an annual inspection and tower maintenance program. Any structure faults thus noted shall be immediately corrected by the owner. Failure to provide proof of certified inspection will constitute a violation of this chapter, and the administration and enforcement provisions of Article XIII shall apply.
T.
Any antenna or tower that is not operated for a continuous period
of 12 months shall be considered abandoned, and the owner of such
antenna or tower shall remove the same within 90 days of receipt of
notice from the Borough Zoning Officer of such abandonment. Failure
to remove an abandoned antenna or tower within said 90 days shall
be grounds to remove the tower or antenna at owner's expense.
If there are two or more users of a single tower, then this provision
shall not be considered to be complied with until all users cease
using the tower. When required by the Borough Council, the applicant
shall post a financial security in a form acceptable to the Borough
Council to cover the cost of removing the antenna or tower.
U.
No new tower shall be permitted unless the applicant demonstrates
to the reasonable satisfaction of the Borough Council that no existing
tower, structure or alternative tower structure that does not require
the use of towers or structures can accommodate the applicant's
proposed antenna. An applicant shall submit information requested
by the Borough Council related to the availability of suitable existing
towers, other structures or alternative tower structure. Evidence
submitted to demonstrate that no existing tower, structure or alternative
tower structure can accommodate the applicant's proposed antenna
may consist of any of the following:
(1)
No existing towers or structures are located within the geographic
area which meet applicant's engineering requirements.
(2)
Existing towers or structures are not of sufficient height to meet
applicant's engineering requirements.
(3)
Existing towers or structures do not have sufficient structural strength
to support applicant's proposed antenna and related equipment.
(4)
The applicant's proposed antenna would cause electromagnetic
interference with the antennas on the existing towers or structures,
or the antennas on the existing towers or structures would cause interference
with the applicant's approved antennas.
(5)
The fees, costs, or contractual provisions required by the owner
in order to share an existing tower or structure or to adapt an existing
tower or structure for sharing are unreasonable. Costs exceeding new
tower development are presumed to be unreasonable.
(6)
The applicant demonstrates that there are other limiting factors
that render existing towers and structures unsuitable.
V.
Any applicant proposing construction of a new communications tower
shall present evidence of the following:
(1)
That the tower must be in that location to function properly within
the applicant's existing and already constructed grid;
(2)
That, despite the best efforts of applicant, it is not possible to
co-locate the proposed antennas on an existing tower, building, or
structure;
(3)
That the proposed height of the tower is the minimum required to
properly function in the applicant's grid.
W.
One off-street parking area shall be provided within the fenced area
surrounding a tower. The parking area need not be paved, lighted,
or striped unless the surrounding area is also paved, lighted, or
striped, or unless the Borough Council determines that paving, lighting,
or striping is required to keep in character with the neighborhood.
X.
Access shall be provided to the communications tower and communications
equipment building by a public or private street, easement or right-of-way.
In the case of an easement or right-of-way, the easement or right-of-way
shall be minimum of 20 feet of width.
Y.
The applicant shall submit a certificate of insurance evidencing
general liability coverage of at least $1,000,000 per occurrence and
property damage coverage of at least $1,000,000 per occurrence covering
the communications tower, communications antennas and communications
equipment buildings. Such liability coverage shall not be cancelable
without at least 30 days' prior written notice to the Borough
Council. Annual policy renewal certifications shall be submitted to
the Borough Zoning Officer; if coverage lapses or is canceled, the
Borough Council shall have the right to order the demolition or removal
of the tower and any associated structures.
Z.
The following requirements shall apply to antennas and related equipment:
(1)
Communications antennas shall not exceed the height of the existing
structure by more than 15 feet; omnidirectional or whip communications
antennas shall not exceed seven inches in diameter; directional or
panel communications antennas shall not exceed 10 feet in height or
width with a maximum surface area of 15 square feet.
AA.
Antennas or towers located on property owned, leased, or otherwise
controlled by the Borough or Borough Authority, provided a license
or lease authorizing such antenna or tower has been approved by the
Borough Council or Borough Authority, shall not require conditional
use approval nor require compliance with the provisions of this section.
BB.
Applicants for a tower shall submit the following in addition to
any other information required to be submitted by applicable Borough
regulations:
(1)
A scaled site plan clearly indicating the location, type and
height of the proposed tower, on-site land uses and zoning, adjacent
land uses and zoning (including when adjacent to other municipalities),
all properties within the applicable separation distance set forth
in this chapter, adjacent roadways, proposed means of access, setbacks
from property lines, elevation drawings of the proposed tower and
any other structures, topography, parking, and other information necessary
to assure compliance with this chapter.
(2)
Legal description of the parent tract and leased parcel (if
applicable). If only a portion of the parent tract is to be leased
for a tower, subdivision approval will be necessary.
(3)
The setback distance between the proposed tower and the nearest
residential unit, platted residentially zoned properties, and unplatted
residentially zoned properties, inhabitable nonresidential structures
and nonresidential zoned land. The required fall zone and any structures
in the vicinity of the fall zone.
(4)
The separation distance from other towers described in the inventory
of existing sites submitted shall be shown on an updated site plan
or map. The applicant shall also identify the type of construction
of the existing tower(s) and owner/operator of the existing tower(s),
if known.
(5)
Method of fencing, finished color and, if applicable, any method
of camouflage and illumination.
(6)
A description of compliance with all applicable subsections
and all applicable federal, state and local laws.
(7)
A notarized statement by the applicant as to whether construction
of the tower will accommodate co-location of additional antennas for
future users.
(8)
A description of the suitability of the use of existing towers,
other structures or alternative technology not requiring the use of
towers or structures to provide the services to be provided through
the use of the proposed new tower.
(9)
A description of the feasible location(s) of future towers or
antennas within the Borough based upon existing physical, engineering,
technological and geographical limitations, in the event the proposed
tower is erected.
(10)
Certification from a Pennsylvania registered engineer certifying
that a proposed antenna will not exceed the structural capacity of
the building or other structure.
(11)
Detailed construction and elevation drawings indicating how
the antenna(s) will be mounted on the structure or building for review
and for compliance with any applicable building code or other law
or ordinance.
(12)
Agreements and/or easements showing access to the building or
structure on which the antenna(s) is to be mounted in order that installation
and maintenance of the communications antenna(s) and any communications
equipment building can be accomplished.
CC.
Applicants seeking to mount a communications antenna on a traffic
signal pole or structure must comply with PennDOT's Guidelines
for Attaching Other Equipment on Traffic Signal Structures, dated
November 2, 2015, and PennDOT Publication 191, as amended from time
to time.
A.
Objective. The objective of these provisions is to encourage the
innovative design development of existing industrial properties where
multiple land uses are combined into a single unified development
project, to encourage a planned arrangement of uses within complementary
functional categories, to provide a planned development that serves
existing and foreseeable needs of the Borough and surrounding service
areas, to carefully plan traffic circulation and off-street parking
in order to avoid traffic congestion and inadequate parking, and to
encourage the planning and utilization of land and the harmonious
design, erection and use of buildings in a diversified center that
will contribute to the economic base of Waynesboro Borough and otherwise
further the purposes of this chapter.
B.
Such development shall contain only uses permitted in the district
in which the development is located, provided that the Borough Council
may authorize uses permitted in General Commercial/Office Districts
and Industrial/Commercial Districts when deemed appropriate by the
Borough Council.
C.
Plan requirements. Any application filed for planned adaptive reuse
development approval shall include, but not be limited to, documents
and materials illustrating the following information:
(1)
The location, size and topography of the site.
(2)
The nature of the landowner's involvement in the development.
(3)
The proposed functional use areas within the development, distinguishing
between types of uses proposed within each functional area.
(4)
The location, rights-of-way, cartway widths of proposed streets,
designating those which are proposed to be dedicated to the Borough.
(5)
The use and the approximate height, bulk and location of existing
and proposed buildings and other structures.
(6)
The location, function, size, ownership and manner of maintenance
of any common open space and public circulation areas.
(7)
The location, dimensions and arrangement of all open spaces, yards,
accessways, entrances, exits, off-street parking facilities, loading
and unloading facilities, pedestrianways and buffer strips.
(8)
The capacity of all areas to be used for automobile access, parking,
loading and unloading.
(9)
The character of buffer areas and screening devices to be maintained,
including the dimensions and arrangements of all areas devoted to
planting, lawns, trees or similar purposes.
(10)
The proposal for sanitary sewerage, water supply and stormwater
disposition systems.
(11)
The proposed location for all underground utility lines.
(12)
The substance of covenants, grant of easements or other restrictions
to be imposed upon the use of land, buildings and structures, including
proposed grants and/or easements for common open space areas and public
utilities and the legal form of provision thereof.
(13)
In the case of plans which call for development in stages, a
schedule showing the approximate time within which applications for
final approval of each stage of development are intended to be filed
and the approximate number of types of uses planned for each stage.
For areas not schedule for immediate development within the tract,
the tentative plan shall show at least all information required above
in this section for these areas. As further development occurs, a
plan showing all of the above required detail shall then be submitted
prior to the construction of each subsequent portion.
(14)
A feasibility and land use market study done by an independent
professional consulting firm. The study shall include or be supplemented
with documentation indicating the impact of the completed development
upon public facilities, utilities, services, street systems and existing
development.
(15)
Sufficient data, in all instances, to enable the Borough Council
and Planning Commission to judge the effectiveness of the design and
the character of the entire development and to consider properly such
things as its relationship to surrounding areas, anticipated traffic,
public health, safety and welfare.
D.
Area regulations.
(1)
The proposed development shall be constructed in accordance with
an overall plan and shall include the planned phasing and schedule
of construction. The overall plan shall be designed as a single architectural
scheme with appropriate common landscaping, and shall provide, initially
at least, for the construction of a minimum of 25% of the total ground
floor area. If the development is to be carried out in progressive
stages, each stage shall be planned such that the previous and following
requirements and intent of this chapter shall be fully complied with
at the completion of any stage.
(2)
No planned adaptive reuse development shall be less than one acre.
Not more than 70% of the area of each site shall be occupied by buildings.
(3)
Front, side and rear yards from streets and property lines shall
meet the requirements of the applicable zoning district and shall
be provided on each site as follows:
(a)
Sight distance and visibility requirements of this chapter shall
be met.
(b)
The applicant shall demonstrate that space between buildings
is adequate to allow unrestricted pedestrian movement, refuse removal
equipment, fire protection or other such activities which might occur
in this space is adequate to provide sufficient light and air, and
allows sufficient space for cleaning between buildings.
(4)
Vehicular access points to the development and any street frontage
improvements, including widening and directional turning lanes, if
necessary, shall be an integral part of the development.
(5)
When appropriate, the applicant shall provide a street network within
the boundaries of the property which meet the following requirements:
(6)
Pedestrian walkways and entranceways must provide direct access from
existing and designated new parking areas and shall connect with the
existing pedestrian circulation system. The applicant shall demonstrate
that the proposed pedestrian circulation network will be able to accommodate
the volume of use anticipated from the proposed development without
adverse congestion, will be aesthetically pleasing for users, will
offer amenities such as sitting areas where appropriate, and will
offer protection to the users from other modes of travel (e.g., automobiles,
buses, bicycles).
(7)
All parking, loading, access and service areas and pedestrian and
vehicular transportation corridors shall be adequately illuminated
at night. Such lighting, including sign lighting, shall be arranged
so as to protect the highway and adjoining property from direct glare
of hazardous interference of any kind. All utility lines servicing
the proposed development shall be placed underground.
(8)
Any proposed development shall be designated and construction as
a unit in which the architectural style, facade characteristics and
sign treatments blend harmoniously with each other and with the adjacent
properties of the development. No sign or other structure shall be
erected unless it fully complies with the requirements of this chapter.
E.
Height requirements. No structure shall be any higher than 100 feet.
F.
Off-street parking and loading requirements.
(1)
The total number of parking spaces to be provided shall be determined by the individual uses proposed and in accordance with Article X, unless otherwise provided for by Subsection F(2) below. The total number or a portion of the required parking spaces should be located on the premises if appropriate space is available.
(2)
When space is not available or appropriate, the applicant shall demonstrate
that the required off-street parking spaces are available within walking
distance of 800 feet. The applicant shall produce written documentation
of an agreement with the owner of off-premises parking space to demonstrate
that sufficient parking spaces have been leased and assigned to the
applicant for the sole purpose of meeting the parking requirements
of the applicant's intended use. The applicant may be required
to contribute funds to the Borough for future construction of a public
parking lot, the amount to be determined on a cost per required space
basis.
G.
Adherence to requirements. The requirements expressed above shall
be met unless the applicant can demonstrate that the characteristics
of the building or site structure design make adherence to the expressed
requirements physically infeasible. In such cases, the applicant shall
provide an alternative which in the opinion of Borough Council satisfies
the objectives of the requirements set forth above.
H.
Compliance with plans. Any proposed development shall be in strict
accordance with the goals and objectives of the Comprehensive Plan.
Furthermore, the applicant must demonstrate that the proposed development
conforms with any more detailed plans and designs for the development
which have been adopted or approved by the Borough or submitted by
an agency or organization responsible for Borough improvement.
I.
Time limit on construction permit. Permits issued pursuant to this
article shall expire within one year after date of issuance thereof,
unless the approved project is completed, or unless the Borough Council
shall extend the permit for successive terms not exceeding one year
each. In those cases where the original permit is issued and the construction
schedule calls for a term of longer than one year, the permit shall
be automatically renewed by the Zoning Officer for an additional one-year
period, subject to such safeguards as the Zoning Officer may prescribe
in the public interest.
J.
Development plan changes during construction. After the final development
plan has been approved and when, in the course of carrying out this
plan, adjustments or rearrangements of buildings, parking areas, entrances,
heights or yards are requested by the developer, and such requests
conform to the standards established by the approved final development
plan for the area to be covered by buildings, parking space, entrances,
height, functions, setbacks and lot area requirements, such adjustments
may be approved by the Borough Council upon application and after
receiving recommendations of the Planning Commission.
In the DBD district, and subject to the general requirements
of that district, except as herein modified, outdoor dining areas
may be established provided that the following conditions are met:
A.
Outdoor dining areas may be placed in the front, side or rear yard
of an eating or drinking place.
B.
Sidewalk space of at least five feet shall be free of any eating
or drinking place obstruction for a clear pedestrian walkway for outdoor
dining areas along streets.
C.
Any items associated with the outdoor dining areas or portions thereof
which are located within the public right-of-way shall not permanently
affixed to the land, and shall remain movable.
D.
Rear yard outdoor dining areas must maintain a fence of at least
six feet in height between the outdoor dining area and adjacent properties.
A.
The premises shall be owned or leased by the agency sponsoring the
group home dwelling.
B.
A licensed physician, licensed psychologist, counselor or social
worker in the employ of or under contract to the sponsoring agency
shall be responsible for the assignment of residents to the group
home or dwelling.
C.
No more than two live-in supervisors shall reside in the group home
dwelling and at least one of those supervisors shall be on the premises
during all hours in which any resident of the group home dwelling
is on the premises.
D.
The dwelling unit shall not be altered in any manner that would change
the single-family dwelling character of the group home dwelling.
E.
One off-street parking space shall be provided for each supervisor
assigned to the group home dwelling.
F.
The sponsoring agency shall document that all plumbing, heating,
electrical, sanitary sewer, storm sewer and similar facilities meet
the applicable ordinances, rules, regulations and laws of the Borough
and/or the Commonwealth of Pennsylvania.
G.
The other provisions of this chapter notwithstanding, a licensed
group home solely for disabled persons may be located anywhere a single-family
dwelling may be located.
A.
An application for conditional use for a wind energy facility shall
contain, in addition to other conditional use application requirements,
the following:
(1)
A site plan of the subject property showing adjoining streets, public
rights-of-way, utility easements, all structures (existing and proposed),
any guy wires, base footings, foundations, site soil conditions, and
the location and height of the proposed wind turbine(s).
(2)
An elevation drawing showing the proposed wind turbine and all structures
shown on the site plan, including height, color, and materials of
the wind turbine(s).
(3)
A plan indicating any lighting proposed, glare mitigation measures,
and shadow flicker prevention measures.
B.
A wind energy facility shall comply with the following criteria and
such criteria shall be conditions of any conditional use approval:
(1)
The wind turbine height cannot exceed 55 feet to the highest possible
point of the blade.
(2)
The wind turbine(s), inclusive of all guy wires and support structures,
shall be set back from all property lines, public rights-of-way, and
utility easements a distance of at least 1.5 times the wind turbine
height.
(3)
In addition to the above setback requirements, the wind turbine(s)
shall be set back from all adjacent residences a distance at least
equal to three times the wind turbine height.
(4)
The wind turbine(s) shall not project above any imaginary air space
surface restrictions contained in this Code or applicable Federal
Aviation Administration regulations.
(5)
Sound produced by the wind turbine facility shall not exceed 55 decibels
at the property line. Sound levels may be exceeded only during severe
wind storms or power utility outages.
(6)
The wind turbine(s) shall be an unobtrusive color such as white,
off-white, or gray, unless otherwise required to be a different color
by the Federal Aviation Administration.
(7)
The wind turbine(s) shall be certified by the American Wind Energy
Association, the American National Standards Institute, and the Equipment
Manufacturers Underwriters Laboratories.
(8)
No wind turbine(s) blades shall, at their lowest point, be closer
to the surface of the ground than 15 feet. There shall be no foot
pegs or rungs left on the wind turbine(s) within 15 feet of the ground
surface. The applicant must demonstrate that necessary measures will
be taken to prohibit unauthorized access to the wind energy facility.
(9)
No satellite or microwave discs or other radio, television, or telephone
antennas shall be attached to the wind turbine(s).
(10)
Reasonable efforts shall be taken to eliminate glare and shadow
flicker on adjoining occupied structures and public rights-of-way.
(11)
Reasonable efforts shall be taken to avoid any disruption or
loss of radio, telephone, television, or similar signals caused by
the wind turbine facility.
(12)
If any wind turbine in a wind turbine facility is inoperable
(nonfunctional and/or not producing electricity to the grid) for a
period of six consecutive months, the inoperable wind turbine or wind
turbine facility will be considered abandoned.
(13)
Wind turbines or wind energy facilities shall be decommissioned
within 12 months of their abandonment or end of the useful life of
the wind turbine(s) or wind energy facility. Decommissioning shall
include the removal of the wind turbine(s), accessory buildings, electrical
components, foundations, and other associated facilities. Disturbed
earth shall be graded and reseeded.
(14)
If the wind turbine facility owner or operator fails to decommission
the wind turbine(s) or wind energy facility within the time prescribed,
the property owner shall cause the decommissioning to occur with six
months of the wind energy facility owner's or operator's failure
to do so.
A.
Accessory wind turbines shall be permitted as an accessory use in
all zoning districts provided that such accessory wind turbines comply
with the following criteria:
(1)
The wind turbine height shall not exceed the applicable maximum building
height and in the event the applicable maximum building height is
greater than 55 feet; in no event shall the wind turbine height exceed
55 feet to the highest possible point of the blade.
(2)
Only one accessory wind turbine shall be permitted per property.
(3)
Accessory wind turbines shall not be located in the front or side
yards.
(4)
Accessory wind turbines, inclusive of all guy wires and supports,
shall be set back from the property line at least a distance of 1.5
times the wind turbine height, and no less than the applicable setback
of the zoning district.
(5)
Accessory wind turbines shall not project above any imaginary air
space surface restrictions contained in this Code or applicable Federal
Aviation Administration regulations.
(6)
Sound produced by an accessory wind turbine shall not exceed 55 decibels
at the property line. Sound levels may be exceeded only during severe
wind storms or power utility outages.
(7)
Accessory wind turbines shall be an unobtrusive color such as white,
off-white, or gray, or a color that blends with the surroundings,
unless otherwise required to be a different color by the Federal Aviation
Administration.
(8)
An accessory wind turbine that no longer functions or has not produced
electricity for a period of 120 days or more shall be removed within
180 days of the cessation of function or electric production.
B.
Accessory wind turbines shall not be constructed without first obtaining
a permit from the Zoning Officer for such construction, and the application
for the permit shall demonstrate compliance with the criteria contain
in this section.
Solar energy systems are allowed in all zoning districts as
an accessory use subject to the following conditions and requirements,
provided that solar energy systems located on property owned or leased
by the Borough or Borough Authority are exempt from these conditions
and requirements.
A.
General requirements applicable to all solar energy systems.
(1)
Solar energy systems are permitted as an accessory use to any lawfully
permitted principal use on the same lot pursuant to this chapter and
upon compliance with all requirements of this section and as elsewhere
specified in this chapter. Solar energy systems other than roof-mounted
systems require a land use permit from the Zoning Officer.
(2)
Installation of solar energy systems shall be in compliance with
the Pennsylvania Uniform Construction Code, as amended, and be subject
to all applicable permit requirements thereof as well as all other
applicable laws, codes and regulations.
(3)
On-site electrical transmission and power lines connected to or associated
with a ground-mounted solar energy system shall be located underground.
(4)
The owner of any solar energy system connected to an electric utility
grid shall provide the Borough with written authorization from the
utility acknowledging and approving such connection.
(5)
All solar energy system installations must be inspected by the Borough
Building Inspector.
(6)
Solar energy systems shall not be used for displaying advertising
except for reasonable identification of the manufacturer of the system.
In no case shall such identification exceed 200 square inches.
(7)
A clearly visible warning sign concerning voltage shall be placed
at the base of all pad mounted transformers and substations.
(8)
When a building is necessary for the storage of cells and/or equipment
or components related to the solar energy system, the building must
not exceed 400 square feet in area, must not exceed 15 feet in height
and must not be located within any side, rear, or front yard setback.
(9)
The owner of solar energy system shall be responsible for decommissioning
and removal of the system after a period of 12 months during which
the system has not been in active and continuous service. Decommissioning
shall consist of removing all solar panels and associated supporting
framework.
(10)
Any solar energy systems existing as of the effective date of
this section are exempt from the provisions of this section; however,
any replacements or additions to the system shall be in compliance
with the requirements of this chapter.
(11)
All owners of property upon which a solar energy system is installed shall be required, as a conditions of the issuance of the zoning permit referred to in Subsection A(1), above, to acknowledge in writing to the Borough that the issuance of a land use permit for a solar energy system shall not and does not create in the property owner, its, his, her or their successors and assigns in title, or create in the property itself the right to remain free of shadows and/or obstructions to solar energy caused by development of adjoining or other property or the growth of any trees or vegetation on such property, or the right to prohibit the development on or growth of any trees or vegetation on such property.
B.
Requirements applicable to all roof-mounted solar energy systems.
(1)
The total height of a building with solar energy systems shall not
exceed by more than one foot the maximum building height permitted
in the applicable zoning district.
C.
Requirements applicable to ground-mounted solar energy systems.
(1)
Ground-mounted solar energy systems (also referred to as ground arrays)
shall be located so that any sun reflection is directed away from
or is properly screened from adjoining property.
(2)
Ground arrays shall not exceed a height of 20 feet at the highest
point of the structure.
(3)
No part of a solar panel energy system shall be placed or erected
within the required yard setback required by the applicable zoning
district.
(4)
No part of a solar energy system shall be located in a required front
yard, however it may be located in the portion of the yard in front
of the principal building and outside of the required front yard,
provided that vegetative screening is provided to serve as a barrier
to visibility and glare, subject to the following standards:
(a)
All materials shall reach a minimum height of six feet above
finished grade of land at site of planting within two years of planting.
However, all materials used for screening of an industrial use shall
be six feet at initial planting.
(b)
Planting materials shall be permanently maintained in order
to ensure effective screening and replaced when necessary.
(c)
Vegetative screen must be comprised of plant material that will
provide a minimum opacity of 80% in winter and 80% in summer. One
of the following arrangements shall be utilized:
[1]
Screen planting shall contain three staggered rows of vegetative
material. This screen planting shall consist of one row of fast-growing
needled evergreens spaced not more than 12 feet on center and two
rows of deciduous trees, with a minimum height potential of 20 feet,
spaced not more than 25 feet on center.
[2]
Screen planting shall contain two staggered rows of vegetative
material. Seventy-five percent shall be fast-growing needled evergreens
planted 10 feet on center and staggered for effective screening. The
remaining 25% shall be deciduous trees planted in staggered clusters
with 25 feet being the maximum spacing between trees.
[3]
Screen planting shall contain two staggered rows of vegetative
material. Seventy-five percent shall be fast-growing needled evergreens
planted 10 feet on center and staggered for effective screening. Fifteen
percent shall be deciduous trees planted in staggered clusters 25
feet on center. The remaining 10% shall be staggered shrub masses
used as understory plants and in combination with deciduous tree clusters.
The maximum spacing for shrubs shall be four feet on center. The deciduous
trees and shrubs are suggested to break up the straight line planting
of one type of plant material.
(d)
Prior to issuance of a land use permit, a sketch plan showing
the proposed arrangement, placement, species and size of all screen
planting material shall be submitted for approval to the Zoning Officer.
(5)
The surface area of a ground-mounted solar energy system, regardless
of the mounted angle of any solar panels, shall be considered part
of and calculated in the lot coverage of the lot on which the system
is located.
(6)
A ground-mounted solar system is not permitted in easements or stormwater
management facilities.
A.
All buildings in which animals are housed shall be located at least
100 feet from all lot lines.
B.
All kennels shall comply with all applicable state codes and regulations.
C.
Buildings shall be fully enclosed and soundproofed so that sound
generated within the buildings cannot be perceived at the lot lines.
E.
Operations open after hours of darkness shall be lighted in compliance
with this chapter.
F.
No animals shall be permitted outdoors between the hours of 9:00
p.m. and 7:00 a.m.
G.
The premises shall be kept in a clean and sanitary manner by the
daily removal of waste.
H.
Animal odors shall not be detectable beyond the lot lines of the
property on which the kennel is located.
I.
Grooming services for the animals being boarded may be allowed as
an incidental use provided the grooming services are conducted indoors.
J.
The total number of animals on the lot shall not exceed 100.
K.
The environmental performance standards of this chapter shall be
met.
A.
Area, yard, height and building requirements shall conform to the
requirements of this chapter for multifamily dwellings in an R-M Medium
Density Residential Zone.
B.
No shelter shall be permitted:
(1)
Within 200 feet of any residential district; or
(2)
Within 750 feet of any house of worship, school, day-care center,
preschool, municipal utility, nonprofit recreation facility, including
but not limited to YMCA, Boy Scouts and Girl Scouts; or
(3)
Within 750 feet of any establishment licensed by the Pennsylvania
Liquor Control Board to dispense alcoholic beverages or other controlled
substances; or
(4)
Within 750 feet of any restaurant, eating establishment, hotel or
motel; or
(5)
Within 750 feet of any club or fraternal lodge; or
(6)
Within 750 feet of any other shelter.
C.
The maximum number of beds in the shelter shall be 30.
D.
Maximum length of occupancy in the shelter shall be six months.
E.
All areas for waiting, intake, personal storage, facility storage,
bathing, restrooms, laundry, child care, eating and sleeping shall
be located indoors.
F.
Lighting shall provide illumination and clear visibility to all outdoor
areas.
G.
On-site management shall be provided at all times the facility is
in operation and at least one hour prior to and after facility operation
hours.
H.
Prior to issuance of a permit the shelter operator shall submit a
shelter safety and management plan. The plan shall be available to
the public upon request and shall address:
(1)
Client congregation outside of the shelter facility.
(2)
Eligibility criteria, rules for clients, and procedures for disruptive
clients.
(3)
Number and responsibilities of on-site support staff, training standards,
other management procedures, and a primary and secondary contact person.
(4)
Refuse collection.
(5)
Security procedures.
(6)
Separation of sleeping areas and restrooms by special needs, gender
and for families.
(7)
Transportation to and from the shelter.
(8)
Food service.
(9)
Provision for recreation facilities.
(10)
Parking.
(11)
Hours of operation.
(12)
Alcohol and illicit drug use policies.
(13)
Litter control.
(14)
Amenities provided (e.g., laundry facilities, storage of belongings,
toiletries, phones, educational opportunities).
(15)
Hours of admittance.
(16)
Smoking areas and policies.
(17)
Availability of access for disabled persons.
I.
A minimum of one parking space shall be provided for each staff member
on duty plus one parking space for each three beds.
J.
A minimum of one intake/administrative office shall be provided for
each 10 clients.
K.
A minimum of 10 square feet of indoor communal areas and 10 square
feet of outdoor communal area shall be provided per bed.
A.
No material shall be placed in such a manner that it is capable of
being transferred out of the recycling center by wind, water or other
natural causes.
B.
All materials accepted for recycling and all activities involving
the same, other than loading and unloading shall be within fully enclosed
buildings.
C.
The land area used for recycling purposes shall not be exposed to
public view from any public street or road by virtue of its location
on a hillside or location on a plateau below street level.
D.
Such recycling center shall be entirely enclose by a solid fence
or wall at least eight feet but not more than 10 feet high constructed
of lumber, brick, cinder block and concrete, with access only through
solid gates. The fence or wall shall be situated no closer to any
street or property line than 15 feet, and shall be kept in good repair
and neatly painted in a uniform color.
E.
Between the fence or wall and the street or property line, buffer
plantings shall be placed that are either:
(1)
One deciduous tree (one-and-one-half inch caliper minimum) at an
average of one tree per 40 lineal feet of buffer plus one evergreen
tree (three-foot minimum height) at an average of one tree per 20
lineal feet of buffer; or
(2)
One deciduous tree (one-and-one-half inch caliper minimum) at an
average of one tree per 40 lineal feet of buffer plus one deciduous
shrub (three-foot minimum height) per four lineal feet buffer. Shrubs
shall be privet, forsythia, or viburnum species.
F.
All recycled materials shall be stored in such a manner as to prevent
the breeding or harboring of rats, insects, or other vermin. When
necessary, this shall be accomplished by enclosure in containers,
raising of materials above the ground, separation of types of material,
preventing the collection of stagnant water, extermination procedures
or other means.
G.
No explosive, toxic, radioactive or highly flammable materials shall
be kept on the property.
H.
No burning shall be carried on. Fire shall be prevented and hazards
avoided by organization and segregating of stored materials, with
particular attention to the separation of combustibles, by the provision
of adequate aisles at least 15 feet wide for escape and firefighting
and by other necessary measures.
I.
Batteries must be stored and handled in specially designed pallets
that contain leakage in the event of a battery spill.
J.
Vehicles or vehicle parts over three cubic feet in size are not permitted
for recycling.
K.
Any items containing petroleum based products shall not be accepted
or stored. Sealed units, including gear boxes, compressors, etc.,
may be accepted provided all contaminants, such as refrigerants, have
been evacuated. No evacuation of these elements may be conducted on
premises.
L.
All materials accepted shall be for the sole purpose of resale in
bulk to be used for recycling. Resale of individual items or components
for parts for reuse shall not be permitted.
M.
A zoning permit shall be obtained on an annual basis.
A.
Indoor shooting range use:
(1)
Must comply with all applicable federal, state and local laws, rules
and regulations regarding the discharge of firearms and the control
and removal of hazardous materials.
(2)
Shall require the storage of firearms and live ammunition to be indoors
and in a fireproof area secured from unauthorized access.
(3)
Shall limit the number of shooters to the number of firing lanes
or stations identified on the site plan.
B.
Indoor shooting range design.
(1)
For new indoor shooting ranges. A site plan, submitted with the application
for conditional use, shall comply with the indoor range design criteria,
certified by a professional engineer, as set forth in the most current
publication by the United States Department of Energy, Office of Health,
Safety and Security or with the most current indoor shooting range
design criteria set forth in a nationally recognized shooting sport
organization approved by Borough Council.
(2)
For existing indoor shooting ranges. Any indoor shooting range constructed
prior to December 7, 2016 for military or upgrades that may be required
by the Pennsylvania Uniform Construction Code.
C.
Other considerations:
(1)
The indoor shooting range facilities shall be set back a minimum
of 100 feet from the property line and street right-of-way.
(2)
The noise, at the property line and street right-of-way, from the
discharge of a firearm shall not exceed 55 dB (decibels).
(3)
Off-street parking facilities shall be provided with a ratio of 1 1/2
spaces per firing station/lane.
