The following regulations have been established to govern specific
uses, structures or buildings within the Borough of Elverson. These
controls are important to the accomplishment of the purposes of this
chapter to achieve compatibility with the general character of the
Borough. The provisions under this article shall apply in addition
to any other applicable zoning district regulations.
A.
General regulations. Accessory uses shall be in accordance with applicable sections of Article XI and the following:
(1)
Incidental and subordinate to the principal use on the tract
or lot and shall not constitute a single and separate use from the
associated principal use, unless otherwise expressly permitted by
this chapter.
(2)
Located on the same tract or lot as the associated principal
use.
(3)
Maximum height shall be in accordance with the regulations set
forth herein, unless otherwise expressly permitted by this chapter.
(4)
No truck bodies, travel trailers, recreational vehicles, or
similar items shall be used as accessory structures or to house any
accessory uses.
(5)
Where accessory uses include buildings or structures, such buildings
or structures shall be securely anchored, shall not pose a hazard
to surrounding uses, and comply with the requirements of this section.
(6)
No accessory use shall constitute a nuisance by way of odor,
noise, light, glare, or other means, or shall endanger the health,
safety, or welfare of residents or other uses.
(7)
Accessory use setbacks. Except as otherwise permitted by this chapter and as permitted in § 290-1102C(4), accessory uses shall be permitted at or to the rear of the building line and shall comply with the following regulations:
(a)
Accessory uses shall be set back a minimum of five feet from
any lot line.
(b)
Commercial accessory uses shall be set back a minimum of 15
feet from any lot line in the Commerce District or when adjacent to
a residential use.
(c)
Industrial accessory uses shall be set back a minimum of 20
feet from any lot line.
(d)
The minimum distance between any accessory buildings shall be
10 feet. The minimum distance between any accessory building and a
principal building shall be 10 feet if the buildings are not attached.
(e)
Alleys. Where accessory uses abut an alley, the accessory use
shall not be located within the right-of-way of the alley.
B.
Residential accessory uses.
(1)
Accessory uses permitted by right in every district include
the following:
(a)
Private residential garages or similar structure.
(b)
Storage sheds. A maximum of two storage sheds shall be permitted.
(e)
Private recreation facilities or equipment.
(f)
Domesticated animals and domesticated animal shelters, which
shall not exceed 50 square feet.
(g)
Gardens and noncommercial greenhouses.
(n)
Uses designed to serve residents of a residential development,
including areas for washing machines and dryers, lockers or indoor
storage areas, recreational facilities and lounges, shall remain accessory
and incidental to the development.
(2)
Accessory uses permitted by conditional use when authorized by Borough Council and subject to the requirements of Article XVII include the following:
(3)
General regulations.
(a)
Permanent residency in travel trailers, tents, or recreational
vehicles stored on a lot shall be prohibited.
(b)
Temporary or nightly, outdoor parking or storage of commercial
vehicles shall be limited to two vehicles per lot within the lot boundaries.
There shall be a maximum of two such vehicles per lot, and such vehicle
shall be owned or operated by the resident of the lot.
C.
Nonresidential accessory uses.
(1)
Accessory uses permitted by right include the following:
(c)
Accessory buildings, structures, or storage sheds.
(g)
Flagpoles.
(i)
Outdoor dining shall be permitted as an accessory use to a restaurant or similar use in accordance with § 290-1220.
(j)
Cafeteria solely for the use of employees, patients or students
of the applicable use or for official visitors to the use, but not
open to the general public, including but not limited to educational
use, place of worship, office, or other similar nonresidential use.
(k)
Adult or child day-care center, in accordance with § 290-1207, shall be permitted as an accessory use for the use of employees, patients, and students of the applicable use or for official visitors to the use, but not open to the general public, including but not limited to educational use, place of worship, office, or other similar nonresidential use.
(l)
Drive-through service shall be permitted as an accessory use to certain specified uses within the C District, in accordance with § 290-1208.
(m)
Recreational uses designed primarily for employees of the principal
use.
A.
B.
No such use shall be located in any zoning district except the (LI)
Limited Industrial District.
C.
For the purposes of this section, spacing distances shall be measured
in a straight line between the closest points of the listed uses,
as follows:
(1)
From all property lines of the lot supporting any adult use.
(2)
From the outward line of boundary of all residential zoning
districts or all property lines of a residential use.
(3)
From all property lines of any use listed in § 290-1203A(2).
D.
Sign messages shall be limited to verbal description of material
on the premises.
E.
Sign messages may not include any graphic or pictorial depiction
of material or services available on the premises.
F.
Messages which are visible or intended to be visible from outside
the property, such as on or within doors, windows or exterior walls,
shall not display materials, items, publications, pictures, films
or printed material available on the premises; or pictures, films
or live presentations of persons performing or services offered on
the premises.
G.
Any building or structure used and occupied as an adult-related use
shall have an opaque covering over all windows or doors of any area
in which materials, merchandise or film are exhibited or displayed,
and no sale materials, merchandise or film shall be visible from outside
of the building or structure.
H.
No materials or merchandise offered for sale, rent, lease, loan or
for view upon the premises shall be exhibited or displayed outside
a building or structure.
I.
Should any adult commercial use cease or discontinue operation for
a period of 90 or more consecutive days, it shall not resume, nor
may it be replaced by another adult commercial use unless said use
complies with all the requirements of this section.
J.
Nothing in this chapter shall be deemed to allow any uses that are
"obscene," as that term has been interpreted from time to time by
the courts of the United States or the Commonwealth of Pennsylvania.
A.
Area and bulk regulations.
(1)
Minimum tract area. There shall be a minimum tract area of four
acres.
(2)
Maximum density. The maximum density of the residential component
of an age-restricted retirement community congregate facility shall
be 15 dwelling units per acre.
(3)
Maximum floor area. The maximum intensity of an age-restricted
retirement community congregate facility, including all residential
units and all nonresidential components thereof, measured by the total
floor area of the building(s), shall not exceed 15,000 square feet
per acre, based upon the gross acreage of the entire tract.
(4)
The minimum lot width, maximum building coverage, maximum lot coverage, yard/setback and maximum building height requirements for "other permitted uses" in the zoning district regulations shall otherwise apply in addition to the applicable regulations for an age-restricted retirement community congregate facility in § 290-1226.
B.
Accessibility. Wheelchair access to all dwelling units and facilities
shall be provided in the design of structures, pedestrian walkways
and parking lots. Buildings may be interconnected by means of covered
or enclosed walkways.
C.
Architectural design. The requirements of § 290-1226E(2) shall apply in the context of an application for an age-restricted retirement community congregate facility, provided the architectural design shall reflect a residential use and appearance.
D.
Internal circulation. The development design shall facilitate safe and convenient traffic patterns, allowing entrance onto the tract at the discretion of Borough Council in accordance with the applicable regulations of this chapter and Chapter 240, Subdivision and Land Development, provided that exiting traffic has safe sight distances. The circulation pattern shall be reviewed and approved by Borough Council as part of the approval process, including consideration of the needs of the community and adjoining properties.
E.
Community room. Where a community meeting room is provided, Borough
Council may request the availability of the meeting room for civic
and public meetings to be determined as part of the approval process.
F.
Trash and recycling. Recycling and trash pickup and disposal shall
be contracted with private trash disposal companies by the community.
G.
Age restrictions. Age-restrictive covenants shall be imposed in accordance
with the requirements of various applicable government agencies. In
the event of the expiration of such restrictions, Elverson Borough
may require the continuation of such restrictions so long as the retirement
community is able to maintain at least 80% occupancy.
H.
Parking requirements shall be in accordance with § 290-1402D(2).
A.
The keeping of agricultural animals (livestock), exclusive of domesticated
animals, shall not be permitted except on property qualifying for
agricultural use in accordance with the provisions of this section.
B.
Agriculture uses shall be permitted as follows:
(1)
The minimum lot size shall be five acres.
(2)
Except for a dwelling, no barn or other agricultural structure
shall be constructed closer than 100 feet to any lot boundary of a
different property owner.
(3)
No slaughtering operations for commercial purposes shall be
permitted.
(4)
All pasture or exercising areas shall be fenced.
(5)
Lots shall be graded so that animal wastes are confined to the
lot on which they originate.
C.
Intensive agriculture uses and customary buildings associated with
intensive agricultural activities shall be permitted, as follows:
(1)
The minimum lot size shall be five acres.
(2)
All agricultural buildings, structures, feedlots or other odor-
or dust-producing uses or activities, except storage facilities, shall
be set back a minimum of 200 feet from any lot boundary.
(3)
Structures sheltering livestock shall be buffered by a vegetative screen from abutting lots containing nonagricultural uses. Screening shall be in accordance with § 290-1105.
(4)
All pasture areas shall be fenced.
(5)
Lots shall be graded so that animal wastes are confined to the
lot on which they originate.
D.
The display and sale of agricultural products shall be permitted
as an accessory use to an agricultural use from a temporary stand,
dismantled and removed at the end of the growing season, or from a
permanent building, provided that:
(1)
At least 50% of such products displayed for sale shall be produced
on the agricultural land on which said stand or building is located.
(2)
Such stand or building shall be located at least 30 feet from
any street line. A minimum of three parking spaces or one space for
each 300 square feet of building floor area, whichever shall be greater,
shall be provided behind the street line. Any sales, display or parking
area shall be at least 75 feet from a side- or rear-yard lot line.
A.
Bed-and-breakfast establishments shall be permitted as an accessory
use when approved as a conditional use by Borough Council. A use and
occupancy permit for a bed-and-breakfast establishment shall be required
prior to the beginning operation of the use.
B.
Bed-and-breakfast establishments shall be conducted within a single-family
detached dwelling only, which is the bona fide residence of the operator.
The appearance of the dwelling shall not be altered in such a way
as to detract from the residential character of the structure. The
principal use of the structure shall remain that of a single-family
dwelling.
C.
A minimum of one full bathroom, separate from that used for the residents
of the principal private dwelling, including a toilet, lavatory and
bathtub and/or shower, shall be provided.
D.
Meals may be provided and any amenities associated with the residence,
such as a swimming pool or hot tub, may be made available to registered
guests.
E.
Proof of annual fire inspection by a fire company or recognized fire
safety organization shall be available at all times.
The following standards shall apply to all day-care facilities
(home occupations: home child day care, family child day-care home,
group child day-care home), day-care center (commercial day care),
and adult day care where permitted by this chapter, except where otherwise
specified herein.
A.
Operators are responsible for obtaining and complying with all pertinent
approval and license requirements from appropriate state, county and
other agencies, including but not limited to the Pennsylvania Department
of Human Services or Department of Aging, and compliance with applicable
building, fire, UCC and other applicable code requirements. The applicant
shall have received and hold all pertinent approvals and licenses
and shall provide evidence thereof prior to issuing of a zoning permit
by the Zoning Officer.
B.
The minimum lot size for any day-care facility shall be based upon
fulfilling the requirements of this section, accommodating required
off-street parking and buffering/landscaping requirements, but in
no case shall be less than the applicable minimum lot size of the
zoning district in which the facility is located.
C.
There shall be a minimum of one additional off-street parking space
provided for each nonresident employee, where applicable, and a minimum
of one safe passenger unloading space a minimum of 10 feet by 20 feet
in size.
D.
Minimum indoor areas and outdoor recreation area requirements per
child or adult shall meet the most current Pennsylvania Department
of Human Services or Department of Aging requirements, and the applicant
shall submit proof to the Borough prior to the issuing of permits
that these requirements have been met. In addition, outdoor recreation
areas, as applicable, shall be in accordance with the following:
(1)
The outdoor recreation area shall be located to the rear or
side of the building and shall not include driveways, parking areas,
land used for other purposes or unsuited for active recreation due
to natural conditions.
(2)
The outdoor recreation area shall be enclosed by a fence suitable
to restrict attendees to the play area, and fencing shall be a minimum
of five feet in height and meet all other applicable requirements
of the UCC in conjunction with the Pennsylvania Department of Human
Services.
(3)
The outdoor recreation shall be on the same lot as the principal
structure and fully controlled by the operator of the facility.
(4)
Outside play shall be limited to the hours of daylight.
E.
Parking and dropoff area requirements for a day-care center (commercial
day care).
(1)
Off-street parking shall be provided in accordance with Article XIV and shall be so designed to prevent interference with traffic flow on any adjacent roadways. In addition, appropriate areas designed specifically for temporary parking and dropping off of patrons may be provided in addition to and separate from off-street parking spaces, in accordance with this section and consistent with § 290-1208C.
(2)
Dropoff areas shall be designed to eliminate the need for patrons
to cross traffic lanes within or adjacent to the site and shall not
be provided within parking aisles or lanes.
(3)
Dropoff areas shall be separate from required off-street parking
spaces or aisles and shall be designated and maintained for the discharge
and collection of attendees associated with the Day Care use.
(4)
Dropoff areas shall be marked by appropriate signs, pavement
markings, or text.
F.
Day care, adult.
(1)
This use shall comply with the requirements of a day-care center (commercial day care) in § 290-1207E. Adult day-care centers shall not be permitted as an accessory use in private homes (home occupation).
(2)
Adult day-care centers shall hold a valid license from the Pennsylvania
Department of Aging, meet the regulations of the Pennsylvania Older
Adult Living Centers Licensing Act of 1993 (6 Pa. Code § 11.1
et seq.), and the applicable requirements of all other state and county
agencies. Where any of the requirements in this section conflict with
state requirements, the more restrictive requirement shall apply.
A.
Where permitted, drive-through service shall be an accessory use
in conjunction with any restaurant, bank or other similar commercial
use that provides service to customers who remain in vehicles and
are served through an exterior window.
B.
A site circulation plan shall be devised that separates those patrons
utilizing drive-through service from those patrons utilizing indoor
facilities. The plan shall include the following information:
C.
Drive-through facilities shall have a dedicated area for conducting
business, including a vehicle stacking lane which shall accommodate
a minimum of five vehicles waiting to utilize the drive-through service
and an area for departing vehicles which shall be situated to prevent
vehicles from queuing onto adjoining roadways. The stacking lane shall
not be used for parking lot circulation aisles or in any way conflict
with parking, circulation, pedestrian or handicapped access to the
building. The stacking lane may be separated from parking or interior
aisles by a curb and/or median buffer, and at a minimum shall be clearly
marked/striped to distinguish it from parking areas and traffic aisles.
An escape lane shall be provided parallel to the drive-through lane
from the beginning of the drive-through lane to the order board. The
escape lane may be part of a standard circulation aisle.
D.
Exterior microphone/speaker system shall be arranged or screened
to prevent objectionable noise impact on adjoining properties. Devices
used to facilitate communication between the establishment and customers
shall not be audible on adjacent residential properties, where applicable.
E.
The drive-through facility, including teller windows and intercom,
and the driveway shall be located along the side or rear faces of
the associated use.
F.
A buffer yard/screen planting shall be maintained along all property lines abutting a residential use or district, in accordance with this chapter and Chapter 240, Subdivision and Land Development.
G.
Trash receptacles shall be provided outside in conjunction with drive-through
service for patron use, located specifically so they may be accessed
by persons in vehicles using the drive-through facilities. Trash receptacles
shall be maintained and cleaned periodically, and trash shall be removed
on a regular basis so that no trash shall be protruding or spilling
out from the mouth of the receptacle, stuck to the side of the receptacle,
or lying on the ground around or blowing from the receptacle. The
receptacle shall be kept clean from gum, writing, extensive stains,
and refuse.
H.
When this use is adjacent to or on the same lot as other commercial
establishments, it shall use a common access with the other establishments
and not have a separate entrance to the street; otherwise, the drive-through
service shall not have a separate access from that of the associated
use. See Figure 12-1.
|
Figure 12-1: Drive Through
|
A.
Minimum lot area: two acres.
B.
Minimum lot width: 100 feet.
C.
Maximum impervious surface coverage: 50%.
D.
Outdoor play areas shall be located in the rear or side yards at a minimum of 10 feet from side yards and rear property lines. Outdoor play areas shall be screened from adjacent uses, in accordance with § 290-1105.
E.
All proposed areas designated for the loading or unloading of school
buses shall be planned and arranged so they may be utilized without
interfering with the interior traffic circulation and parking facilities.
F.
Accessory uses shall be permitted as follows: The following accessory
support uses shall be permitted for any school, only when specifically
for the use of the students, guests or employees of the facility:
(1)
Indoor and outdoor recreational facilities, including but not
limited to auditoriums, activity rooms, craft rooms, libraries, lounges,
walking trails, tennis courts, pools, sitting area, picnic areas,
and pavilions or shelters.
(2)
Kitchen and dining facilities.
(3)
Office or facilities that serve directly the facility, including
but not limited to school medical offices or treatment centers, ATM
machine, school counselors.
A.
Applicability. To encourage maintenance and management of forests/woodlands
and promote the conduct of forestry as a sound and economically viable
use of forested land and forestry activities, including but not limited
to timber harvesting, and to be in compliance with the Municipalities
Planning Code, forestry shall be a permitted use by right in all zoning
districts. The following standards apply to all timber harvesting
within the Borough where the value of trees, logs or other timber
products removed exceeds $1,000. These provisions do not apply to
the cutting of trees for the personal use of the landowner or for
precommercial timber stand improvement.
B.
Purpose. In order to conserve forests/woodlands and the environmental
and economic benefits they provide, it is the policy of the Borough
to encourage the owners of forestland to continue to use their land
for forestry purposes, including the long-term production of timber,
recreation, wildlife, and amenity values. The forestry/timber harvesting
regulations contained in this section are intended to further this
policy by promoting good forest stewardship, protecting the rights
of adjoining property owners, minimizing the potential for adverse
environmental impacts, and avoiding unreasonable and unnecessary restrictions
on the right to practice forestry.
C.
Notification and preparation of a logging plan.
(1)
For all timber harvesting activities that are expected to exceed
two acres, the landowner shall notify the Borough Zoning Officer a
minimum of 10 business days before the activity commences and within
five business days before the activity is complete. No forestry/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)
Every landowner on whose land forestry/timber harvesting is
to occur shall prepare a written logging plan in the form specified
by this chapter. No forestry/timber harvesting activity shall occur
until the logging plan has been prepared. The provisions of the logging
plan shall be followed throughout the operation. The logging plan
shall be available at the harvest site at all times during the operation
and shall be provided to the Borough Zoning Officer upon request.
(3)
The landowner and the operator shall be jointly and severally
responsible for complying with the terms of the logging plan.
(4)
The logging plan shall be reviewed and approved by the Chester
County Conservation District.
D.
Contents of the logging plan. As a minimum, the logging plan shall
include the following:
(1)
The design, construction, maintenance and retirement of the
access system, including haul roads, skid roads, skid trails, and
landings.
(2)
The design, construction and maintenance of water control measures
and structures such as culverts, broad-based dips, filter strips,
and water bars.
(3)
The design, construction and maintenance of stream and wetland
crossings.
(4)
The general location of the proposed operation in relation to
municipal and state highways, including any accesses to those highways.
(5)
A sketch map or drawing containing the 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 the property; significant topographic features related
to potential environmental problems; location of all earth disturbance
activities such as roads, landings and water control measures and
structures: location of all crossings of waters of the commonwealth;
and the general location of the proposed operation to municipal and
state highways, including any accesses to those highways.
(6)
Documentation of compliance with the requirements of all applicable
state regulations, including but not limited to the following: erosion
and sedimentation control regulation contained in Title 25 Pennsylvania
Code, Chapter 102, promulgated pursuant to The Clean Streams Law (35
P.S. § 691.1 et seq.) and stream crossing and wetlands protection
regulations contained in Title 25 Pennsylvania Code, Chapter 105,
promulgated pursuant to the Dam Safety and Encroachments Act (32 P.S.
§ 693.1 et seq.).
(7)
Any permits required by state laws and regulations shall be
attached to and become part of the logging plan. An erosion and sedimentation
pollution control plan that satisfies the requirements of Title 25
Pennsylvania Code, Chapter 102, shall also satisfy the requirements
for the logging plan and associated map specified above, provided
all information required is included or attached.
E.
Forest practices. The following requirements shall apply to all forestry/timber
harvesting activities in the Borough:
(1)
Felling or skidding on or across any public thoroughfare is
prohibited without the express written consent of the Borough or the
Pennsylvania Department of Transportation, whichever is responsible
for maintenance of the thoroughfare.
(2)
No tops or slash shall be left on the property, on a public
thoroughfare, on a private roadway providing access to adjoining residential
property, or on or across the boundary of any property adjoining the
activity.
(3)
Litter resulting from a forestry/timber harvesting activity
shall be removed from the site before the operator vacates it.
F.
Responsibility for road maintenance and repair, road bonding. Pursuant
to Title 75 of the Pennsylvania Consolidated Statutes, Chapter 49,
and Title 67 Pennsylvania Code, Chapter 189, the landowner and the
operator shall be responsible for repairing any damage to Borough
roads caused by traffic associated with the timber harvesting activity
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.
G.
All tires of all trucks leaving the site shall be cleaned. All trucks
leaving the site shall not deposit accumulating amounts of dirt, mud
or other such substances on public roads. Runoff from the tire cleaning
area shall be controlled and disposed of in accordance with all pertinent
local, county, state or federal standards.
H.
Enforcement. The Borough Zoning Officer shall be the enforcement
officer for the standards set forth herein.
I.
Inspections. The Borough Zoning Officer may go upon the site of any
forestry/timber harvesting activity before, during or after active
logging to review the logging plan or any other required documents
for compliance with the standards and inspect the activity for compliance
with the logging plan and other on-site requirements of these regulations.
J.
Violations notices; suspensions. Upon finding that a forestry/timber
harvesting activity is in violation of any provision of these standards
and regulations, the Borough Zoning Officer shall issue the operator
and the landowner a written notice of violation describing each violation
and specifying a date by which corrective action must be taken. The
Borough Zoning Officer may order the immediate suspension of any activity
upon finding that: corrective action has not been taken by the date
specified in a notice violation; the activity is proceeding without
a logging plan; or the operation is causing immediate harm to the
environment. Suspension orders shall be in writing, shall be issued
to the operator and the owner, and shall remain in effect until, as
determined by the Borough Zoning Officer, the activity is brought
into compliance with the regulations herein or other applicable statutes
or regulations. The landowner or the operator may appeal an order
or decision of an enforcement officer with 30 days of issuance to
the Zoning Hearing Board of the Borough.
K.
Penalties. Any landowner or operator who violates any provision of these regulations, refuses to allow the Borough Zoning Officer access to a harvest site pursuant to Subsections H and I of this section or who fails to comply with a notice of violation or suspension order issued under Subsection J of this section shall be subject to the enforcement remedies set forth in Article XVIII of this chapter in addition to any other remedy at law or in equity.
A.
The intent of this use is to encompass living arrangements for a
group of persons who meet the federal definition of individuals with
disabilities. The purpose of this use is to offer such persons an
alternative, whereby they can be placed in a family setting which
most nearly approximates traditional familial living arrangements.
B.
Due to the fact that it is the intent of this use to create traditional
familial living arrangements, all group care facilities shall have
the same appearance as a residential dwelling unit not housing a group
care facility.
C.
All group care facilities shall comply with the standards of the
Pennsylvania Department of Human Services and all other applicable
agencies.
D.
The dwelling unit housing a group care facility shall comply with
all applicable building code regulations; however, reasonable accommodations
and reasonable modifications shall be permitted to allow residents
of a group care facility the full enjoyment of the housing and related
facilities. Area and bulk regulations shall apply in the same manner
as otherwise applicable to the form of dwelling unit being used as
a group care facility.
A.
Intended purposes:
(1)
To promote the general welfare by protecting the integrity of
the historic resources of the Borough of Elverson.
(2)
To encourage the continued use of historic resources and facilitate
their appropriate reuse.
(3)
To tailor protective measures to those historic resources in
the Borough of Elverson worthy of preservation.
(4)
To discourage the unnecessary demolition of historic resources.
C.
Modifications to area and bulk regulations otherwise in effect. Where approved by the Borough Council as a conditional use in accordance with Article XVII of this chapter, and upon review by the Historical Commission in accordance with § 290-1212E below, requested modifications to regulations otherwise applicable to historic resources may be permitted, as follows:
(1)
Enlargement of Historic Resources in excess of 25% as provided in § 290-602B(12).
(2)
Modification(s) to applicable lot area, lot dimension, or yard
requirements for plans involving historic resources. In all cases,
such modifications may be permitted to reduce otherwise applicable
requirements to the minimum degree necessary to accommodate proposed
plan(s).
D.
Specific criteria for conditional use approval. Where modifications to otherwise applicable regulations are permitted or where conditional use approval is sought pursuant to § 290-602B, the following requirements shall apply:
(1)
All applicable standards and criteria set forth in Article XVII of this chapter for conditional use approval shall be complied with to the satisfaction of the Borough.
(2)
The granting of conditional use approval is deemed to be necessary
to the preservation of the historic resource(s).
(3)
The Secretary of the Interior's Standards for Rehabilitation of Historic Structures (see § 290-1212G below) shall serve as guidelines for any plans involving the rehabilitation, alteration or enlargement of historic resource(s). In approving a conditional use, the Borough Council may set conditions requiring compliance with § 290-1212G below.
(4)
Where plans involving historic resource(s) under this section
result in all or portions of any such resource(s) remaining unoccupied,
such unoccupied resources shall be tightly sealed and barred off and
the utilities turned off for safety.
(5)
Other applicable standards contained in this chapter shall be
complied with, including but not limited to requirements for buffering,
lighting, storage, access and traffic management, interior circulation,
loading, parking and signs.
(6)
The Borough Council may deny the request for modification of
area and bulk regulations where, upon the review of the Historical
Commission, Council determines any one or more of the following:
(a)
The proposal is unacceptably destructive to the integrity of
the historic resource.
(b)
The proposal is inappropriate in the context of the immediate
neighborhood.
(c)
The proposal is unnecessary pursuant to § 290-1212D(2) above.
(d)
The proposal requires more than the minimum modification to otherwise applicable regulation as provided in § 290-1212C(2) above.
E.
Application procedures for conditional use approval regarding historic
resources.
(1)
An applicant seeking conditional use approval under the provisions of this section shall submit the appropriate application to the Borough in accordance with the provisions of Article XVII. The application shall include, in addition to that which is required under Article XVII where relevant, a detailed description of the proposed use(s), any physical changes proposed for the affected historic resource(s) and their surrounding landscape, and any proposed modifications to otherwise applicable area and bulk regulations.
(2)
The Borough shall forward the complete application to the Historical Commission as well as to the Planning Commission in accordance with Article XVII. Within 30 days of receipt of a complete application by the Borough, the Historical Commission, at a regular or special meeting, shall review the application for conditional use. The applicant will be notified of the meeting by the Borough at least 10 days prior to its date and shall have the opportunity to present his reasons for filing the application. The Historical Commission shall review the application considering the criteria set forth in § 290-1212C and D above and shall make recommendations as to the appropriateness of the application.
(3)
Recommendations of the Historical Commission shall be transmitted
in the form of a written report to the Borough Council and shall include
suggestions for specific changes to proposed plans, if any. If the
Historical Commission does not transmit its recommendations to the
Council by the date set by the Council for public hearing to consider
the application for conditional use approval, Council shall proceed
to consider such application without the recommendation of the Commission.
F.
Demolition of historic resources.
(1)
No historic resource may be demolished except as provided herein.
(a)
Demolition permit requirements for historic resources. No historic
resource nor any significant part thereof shall be demolished unless
a demolition permit is obtained from the Borough's Zoning Officer
in accordance with the procedures and requirements of this section,
and other applicable standards and procedures of this chapter and
the Borough Building Code. These provisions shall not be construed
to prevent the ordinary maintenance or repair of any building, structure,
site or object where such work does not require a permit and where
the purpose and effect of such work is to correct any deterioration
or decay of, or damage to, a building, structure, site or object and
to restore the same to its condition prior to the occurrence of such
deterioration, decay or damage.
(b)
Procedure for obtaining demolition permit. The applicant shall
submit three copies of an application for a demolition permit in a
form acceptable to the Borough. If the Zoning Officer determines that
the permit request is for the demolition of a historic resource, the
Zoning Officer shall not immediately issue the demolition permit,
and the application shall be forwarded to the Historical Commission
for review.
(c)
Information to be provided. In addition to applicable requirements
under the Borough Building Code, an applicant seeking a permit to
demolish an historic resource shall provide the following information:
[1]
Owner of record.
[2]
Site plan showing all buildings and structures
on the property.
[3]
Recent photographs of the resource proposed for
demolition.
[4]
Reasons for the demolition.
[5]
Proposed method of demolition.
[6]
Intended future use of the site and of the materials
from the demolished resource.
(d)
Review by Historical Commission. Within 30 days of receipt of
a complete application from the Zoning Officer, the Historical Commission,
at a regular or special meeting, shall review the application for
demolition. The applicant will be notified of the meeting by the Borough
at least 10 days prior to its date and shall have the opportunity
to present his reasons for filing the application. The Historical
Commission shall consider the following:
[1]
The effect of demolition on the historical significance
and architectural integrity of the resource in question and neighboring
historic resources.
[2]
Whether the applicant has demonstrated that he
has considered all alternatives to demolition.
[3]
Economic feasibility of adaptive reuse of the resource
proposed for demolition.
[4]
Whether the resource in its current condition presents
a threat to public safety.
[5]
Whether the resource has been intentionally neglected.
[6]
Whether the required retention of the resource
would represent an economic hardship and the extent of the hardship.
(e)
Historical Commission recommendation. Within 30 days following
the conclusion of the meeting, the Historical Commission shall set
forth its recommendations in a written report to the Borough Council.
Such recommendation shall, at a minimum, consist of either of the
following:
[1]
Approval. After reviewing the demolition permit application with attachments, the Commission may recommend approval of the demolition permit, as provided under § 290-1212F(2) below.
[2]
Delay of demolition. Alternatively, the Commission may recommend delay of demolition, in accordance with § 290-1212F(3) below.
(2)
Approval of demolition permit or delay of demolition by the
Borough Council.
(a)
Within 30 days of receiving the recommendation from the Historical Commission, the Borough Council shall consider the application, together with the recommendations of the Historical Commission, and vote either to approve the application, approve the application with changes or conditions, deny the application, or defer its decision, affording a delay of demolition for up to 90 days as set forth in § 290-1212F(3) below. The applicant shall be notified of the meeting by the Borough a minimum of 10 days prior to its date and shall have the opportunity to present his reasons for filing the application. Within five days of making its decision, the Council shall provide written communication of its decision to the applicant, Historical Commission, and Zoning Officer.
(b)
Issuance of building permit. Where the Council acts to approve
the application, it shall authorize the Zoning Officer to issue the
permit. Where the approval is granted with conditions attached, the
Zoning Officer shall be authorized to issue the permit upon receipt
from the applicant of written acceptance of those conditions.
(3)
Delay of demolition.
(a)
The specified period of delay shall be a maximum of 90 days,
used to provide an opportunity to engage in a dialogue with the applicant
about alternatives to demolition and to allow for historical documentation
of the resource where appropriate or when requested by the Commission
and approved by the applicant. The Historical Commission shall make
every effort to open a dialog with the applicant to inform him of
the historical importance of the resource, its significance to the
Borough, and alternatives to demolition.
(b)
The Commission may recommend approval, approval with conditions, or denial of the demolition permit and may so advise the Borough Council not later than the end of the applicable ninety-day time period. The Borough Council shall act upon the application for demolition, in accordance with § 290-1212B(2) above, within or at 90 days, whether it receives a recommendation from the Historical Commission or not.
G.
Secretary of the Interior's standards for rehabilitation. The following
standards are provided as guidelines only for purposes of review of
conditional use applications involving historic resources:
(1)
A property shall be used for its historic purpose or be placed
in a new use that requires minimal change to the defining characteristics
of the building and its site and environment.
(2)
The historic character of the property shall be retained and
preserved. The removal of historic materials or alterations of features
and spaces that characterize a property shall be avoided.
(3)
Each property shall be recognized as a physical record of its
time, place and use. Changes that create a false sense of historical
development, such as adding conjectural features or architectural
elements from other buildings, shall not be undertaken.
(4)
Most properties change over time; those changes that have acquired
historic significance in their own right shall be retained and preserved.
(5)
Distinctive features, finishes and construction techniques or
examples of craftsmanship that characterize a historic property shall
be preserved.
(6)
Deteriorated historic features shall be repaired rather than
replaced. Where the severity of deterioration requires replacement
of a distinctive feature, the new feature shall match the old in design,
color, texture and other visual qualities and, where possible, materials.
Replacement of missing features shall be substantiated by documentary,
physical or pictorial evidence.
(7)
Chemical or physical treatments, such as sandblasting, that
cause damage to historic materials shall not be used. The surface
cleaning of structures, if appropriate, shall be undertaken using
the gentlest means possible.
(8)
Significant archaeological resources affected by a project shall
be protected and preserved. If such resources must be disturbed, mitigation
measures shall be undertaken.
(9)
New materials, exterior alterations, or related construction
shall not destroy historic materials that characterize the property.
The new work shall be differentiated from the old and shall be compatible
with the massing, size, scale and architectural features to protect
the historic integrity of the property and its environment.
(10)
New additions and adjacent or related new construction shall
be undertaken in such a manner that, if removed in the future, the
essential form and integrity of the historic property and its environment
would be unimpaired.
H.
Violations and penalties. Any person who violates the terms of this
section shall be subject to the fines and penalties imposed under
this chapter, as well as applicable fines and penalties imposed under
the Borough Building Code. In addition:
(1)
Any person who alters a historic resource in violation of the
provisions of this article or in violation of any conditions or requirements
specified in a permit issued under the terms of this section shall
be required to restore the building, structure, site or object involved
to its appearance prior to the violation. Such restoration shall be
in addition to, and not in lieu of, any penalty or remedy available
under this chapter or any other applicable law.
(2)
Any conditional use application or subdivision or land development
application involving any property which, at the date of enactment
of this chapter was occupied by a historic resource(s) that subsequently
was demolished in violation of this article, shall not be approved
except upon the condition of satisfactory restoration of any such
resources or upon the granting of appropriate demolition permit(s)
in accordance with this section.
A.
General regulations.
(1)
Permitted home occupations shall be clearly incidental and secondary
to the residential use and are limited to those occupations conducted
entirely within a single-family or two-family dwelling, except the
raising of garden produce.
(2)
No more than one home occupation shall be permitted in a dwelling.
(3)
Any dwelling unit in which a home occupation is conducted shall
have its own direct access to ground level.
(4)
The business activity shall be compatible with the residential
use of the property and surrounding residential uses.
(5)
The business shall employ no employees other than family members
residing in the dwelling.
(6)
There shall be no display or sale of retail goods and no stockpiling
or inventory of a substantial nature.
(7)
There shall be no outside appearance of a business use, including
but not limited to parking, signs or lights.
(8)
The business activity may not use any equipment or process which
creates noise, vibration, glare, fumes, odors or electrical or electronic
interference, including interference with radio or television reception,
which is detectable in the neighborhood.
(9)
The business activity may not generate any solid waste or sewage
discharge, in volume or type, which is not normally associated with
residential use in the neighborhood.
(10)
The business activity shall be conducted only within the dwelling
and may not occupy more than 25% of the habitable floor area.
(11)
The business may not involve any illegal activity.
B.
Determination of classification. The Borough shall determine whether
a proposed home occupation is minor, major or prohibited. The applicant
shall be responsible for supplying such information as deemed necessary
by the Borough to make this determination.
C.
Permitted uses.
(1)
Uses permitted by right. Home occupations that comply with all of the regulations in § 290-1213A, which shall be considered minor home occupations.
(2)
Conditional uses. Any home occupation that does not comply with the regulations in § 290-1213A may be permitted by conditional use in accordance with Article XVII as a major home occupation when approved by Borough Council and in accordance with the following regulations:
(a)
Materials, products, equipment or business vehicles may be stored outdoors only when screened in accordance with § 290-1105.
(b)
A maximum of two employees not residing in the dwelling may
work on site at the location at any time.
(c)
Hours of operation shall be restricted to normal business hours
8:00 a.m. to 5:00 p.m.
D.
Prohibited uses. The operation of a motor vehicle repair shop, stable,
kennel or mortuary shall not be deemed a home occupation.
A.
Where a junkyard is located on a property which is adjacent to a residential district or use, all activity associated with the junkyard use shall be set back from the property boundary at least 25 feet and shall be screened in accordance with § 290-1105.
B.
The maximum lot coverage, including storage, buildings and structures,
shall not exceed 75%.
C.
The area where junk or any other material is stored outside shall
be enclosed with a wall or fence at least eight feet in height and
which is designed and constructed so as to be at least 90% solid or
opaque. Use of landscaping materials and earthen berms are encouraged
to achieve an effective screen.
D.
Storage piles shall not exceed eight feet in height and no more than
two adjoining rows of junked cars shall be stored together.
E.
There shall be provided at least a twelve-foot-wide accessway, which
shall be kept clear and free at all times to provide for access to
all parts of the premises for firefighting and other safety or emergency
purposes.
F.
Gasoline, oil and other flammable or toxic substances shall be removed
from any junk or other items stored on the premises. Such liquids
shall be removed and disposed of in a proper manner and shall not
be deposited on or into the ground.
G.
No junk or other material shall be burned on the premises.
H.
No garbage or other waste liable to give off a foul odor or attract
vermin or insects shall be kept on the premises.
I.
All junk shall be stored or arranged to prevent accumulation of water
in addition to controlling mosquito propagation.
J.
All junk shall be kept a minimum of 200 feet from any stream or watercourse.
K.
Stormwater planning.
(1)
A stormwater plan shall be submitted as part of any land development
plan for a junkyard, and the use shall allow reasonable inspection
by the Borough at any reasonable time.
(2)
The stormwater plan and the drainage facilities of the premises
shall be such as to prevent the accumulation of stagnate water on
the site and include best management practices to address chemicals
or pollutants that may adversely impact water quality.
L.
Tire storage piles shall be in accordance with 25 Pa. Code §§ 299.155
to 299.163.
N.
Junkyards shall comply with all other applicable Borough, state or
federal regulations and shall provide proof of compliance upon request
of the Zoning Officer. Examples include Environmental Protection Agency
(EPA), the Solid Waste Management Act, the Clean Streams Law, in terms
of water runoff and storage and/or disposal of hazardous materials.
O.
All tires of all trucks leaving the site shall be cleaned. All trucks
leaving the site shall not deposit accumulating amounts of dirt, mud
or other such substances on public roads. Runoff from the tire cleaning
area shall be controlled and disposed of in accordance with all pertinent
local, county, state or federal standards.
P.
The permittee shall allow inspection of the business premises by
the Borough or its appointed representative at any reasonable time.
A.
Minimum lot size shall be one acre with a minimum lot width of 100
feet.
C.
Each kennel shall have all outdoor exercise yards entirely fenced
to prevent animals from leaving the property. Exercise yards shall
be set back a minimum of 50 feet from front, side and rear lot lines.
D.
Animals shall not be permitted to remain outdoors in exercise yards
overnight, and exercise yards shall predominantly be used between
dawn and dusk prevailing time.
E.
Outdoor lighting of outdoor exercise yards shall be prohibited.
F.
The sale of related products shall remain accessory to the kennel
and shall occupy no more than 25% of the floor area of the principal
building.
G.
All kennels shall be licensed by the Commonwealth of Pennsylvania,
if and as required by the Pennsylvania Dog Law,[1] as amended by Act 119 of 2008, Pennsylvania Statutes,
and as it may be amended from time to time; kennels shall comply with
all relevant provisions of the Pennsylvania Dog Law and 7 Pa. Code
§ 21.21 et seq., as amended.
[1]
Editor's Note: See 3 P.S. § 459-101 et seq.
A.
Uses within a medical office or clinic shall include but not be limited
to administrative and professional offices and outpatient examination/treatment
rooms in addition to accessory subordinate uses such as a pharmacy
or similar medical support uses, in accordance with applicable sections
of this chapter, and shall be for the use and treatment of patients
and their guests. The cumulative floor area of all such accessory
subordinate uses shall not occupy more than 30% of the cumulative
floor area of the medical clinic.
A.
Dish antenna shall be located on the same lot for which it is being
used and shall remain accessory to the principal use.
B.
Freestanding ground-mounted dish antennas shall be located only in
the rear yard area of a lot and shall be set back a minimum of 10
feet from any property line.
C.
When separately supported, the total height of the dish antennas and supports shall not exceed 10 feet in height. Such an arrangement shall be screened in accordance with § 290-1105. Supporting materials shall comply with the Borough building codes.
D.
When attached to the principal structure, no portion of a dish antennas
shall project above the ridgeline of the roof unless where a flat
roof exists. Mounting techniques shall comply with the Borough building
codes.
E.
One dish antennas shall be permitted per dwelling unit.
F.
Dish antennas shall be used solely for the reception of signals and
shall not be used for transmission.
Where a combination of uses, such as a residential dwelling
above or to the rear of a nonresidential use, or anywhere two or more
uses are permitted within the same building or upon a single lot,
each use shall be required to meet the following criteria:
A.
Only those uses permitted in the district in which the mixed use
is located shall be permitted.
B.
A minimum of one improved, all-weather off-street parking space per bedroom of any residential use shall be provided and maintained for the exclusive use of the residents, otherwise the off-street parking requirements of this chapter shall be met in accordance with Article XIV. Parking requirements shall be calculated for each use but may be designed within a common or interconnected parking lot or as otherwise provided by this chapter.
C.
Where a dwelling is proposed above or to the rear of a nonresidential
use, the following requirements shall apply:
(1)
Separate kitchen and bathroom facilities shall be provided per
unit. All applicable Borough Building Code and Chester County Health
Department regulations and permit requirements regarding the installation
of these facilities shall be met and indicated on all plans. Approval
from all applicable agencies is necessary prior to issuance of a building
permit by the Borough. Trash receptacles shall be screened so as not
to be visible from the street or abutting properties except on scheduled
days for trash pickup.
(2)
Primary access to a dwelling shall not be from the nonresidential
use. Each dwelling unit shall have either direct access to the outdoors
or to a common area that has direct access to the outdoors.
(3)
Site and floor plans for the dwelling unit(s) shall be included
with the application for such use, including both exterior and interior
building alterations for an existing building, if applicable, and
the location of fire exits and fire escapes in accordance with building
and fire code requirements.
A.
Unless otherwise specified herein, the area and bulk regulations
of the applicable zoning district shall be met.
B.
Sketch plan.
(1)
An applicant for multifamily (apartment building or single-family attached) development is strongly encouraged to submit for the review of the Borough Planning Commission and Borough Council, pursuant to review by the Borough Engineer, a sketch plan of any use(s) proposed under this section in accordance with § 240-303 of Chapter 240, Subdivision and Land Development.
(2)
The Borough will make every attempt to provide timely, objective,
and clear feedback in order to facilitate development of a preliminary
plan that meets the purposes, conditions, standards and dimensions
of this section.
(3)
It is recommended that the sketch plan clearly show its consistency
with the items listed in this section, as applicable, and may include
schematic architectural renderings to address the applicable standards.
C.
Where there is condominium ownership of the dwelling units, a homeowners' association document shall be submitted and approved by the Borough, which shall also meet the applicable requirements in § 290-1226F(2)(b) of this chapter.
D.
Multifamily buildings are encouraged to be located in clusters which
create common courtyards and open space areas rather than situated
parallel to one another. Where clustering is not feasible, there shall
be no more than three abutting or adjacent buildings or groups of
buildings parallel to one another.
E.
Buildings within a multifamily development shall be designed to provide
individual dwelling units with views and access to open space areas.
F.
In single-family attached buildings and, where possible, in multifamily
buildings, staggered setbacks of individual dwelling units accompanied
by a variation in facade design are encouraged so the buildings offer
visual variety, individualism, and provide private yard areas. No
more than two contiguous units shall have the same facade setback
within a building. Changes in unit setback shall involve a minimum
of four feet.
G.
No more than six units shall be included in a row of single-family
attached units (townhouses), and the maximum combined building length
shall not exceed 210 feet.
H.
The minimum building width of an individual townhouse shall be 20
feet.
I.
The following building separation distances shall be met:
|
Building Configuration
|
Minimum Distance Between Buildings
(feet)
|
|---|---|
|
Facing front/rear walls (long wall)
|
45
|
|
Facing end walls
|
25
|
J.
Multifamily buildings shall be set back 20 feet from any tract boundary
and in accordance with the applicable district regulations.
K.
Entrances to dwelling units shall be provided with walkways to parking, refuse collection points, and public sidewalks along any public street within or adjacent to the tract constructed in accordance with sidewalk construction standards in § 240-618 of Chapter 240, Subdivision and Land Development.
L.
All areas of the development not covered by impervious surfaces shall be landscaped and maintained with suitable ground cover and plants. Existing vegetation is encouraged to be preserved for landscaping purposes. Existing plant material with a caliper of six inches or greater shall be preserved during construction. Such existing plants may be credited toward the amount of required plantings. A landscaping plan for the entire tract shall be required. It is recommended that a landscape architect licensed by the Commonwealth of Pennsylvania be retained to complete such a plan to ensure the proper species, use and arrangement of plant materials. Earthen berms may be incorporated into the landscaping plan along public street frontage and along property lines abutting existing dwellings; however, they are not appropriate in the TC District. Earthen berms shall have a maximum height of three feet and a maximum slope of four feet horizontal to one foot vertical. Landscaped areas shall be continually maintained by the landowner or a homeowners' association or a condominium association. Care, grooming, and replacement of plants shall be included as part of the required maintenance. Failure to adequately maintain landscaped areas shall be subject to a citation issued by the Borough. Unless otherwise required herein, the requirements of § 290-1105 shall apply.
N.
Parking areas within a multifamily development shall be adequately
landscaped in order to provide shade, to screen vehicles from public
streets, and to reduce glare and noise within the development itself,
and shall comply with the following:
(1)
Parking for each dwelling unit shall be grouped into one or
more parking areas serving a number of dwelling units. Individual
curb cuts at the street line for access to parking shall not be permitted.
No parking space shall be greater than 250 feet from the entrance
to the dwelling it serves.
(2)
Parking lots shall be set back a minimum of five feet from any
road right-of-way.
(3)
Earthen berms of a maximum of three feet in height topped with
vegetation a minimum of six feet in height may be used for screening.
(4)
Other forms of vegetative screening compatible with a traditional neighborhood environment shall be provided in the TC District in accordance with § 290-1105.
(5)
Landscaped areas a minimum of five feet in width shall be provided
around the periphery of all parking areas, except where head-in parking
is provided immediately to the front or rear of each unit and such
parking space is accessed from the head of the space by a sidewalk
or walkway leading to the unit. Such areas shall extend the entire
length and width of the parking areas, except for necessary access
points and walkways.
(6)
Landscaped islands shall be provided between every 15 parking
spaces and shall be equal to the length of the parking spaces in the
row and a minimum of eight feet in width.
O.
Multifamily developments shall be provided with common open space, unless the fee-in-lieu provisions of § 240-616C of Chapter 240, Subdivision and Land Development, are enacted and approved by Borough Council in accordance with the following:
(1)
Common open space shall be free of obstructions, including watercourses,
floodplains, steep slopes, and wetlands.
(2)
Maintenance of common open space shall be the responsibility
of the landowner or homeowners' or condominium owners' association.
(3)
Common open space shall not be included in calculating the required
buffer area or setback areas but shall be included in calculating
the maximum density permitted.
(4)
Common open space shall be substantially free of structures,
except those designed for recreational purposes, including but not
limited to benches or playground equipment, and shall be usable by
the residents of the development.
(5)
Common open space shall be located and designed to be easily
accessible by residents of the multifamily dwelling development.
(6)
When a portion of common open space is designed for active recreation and abuts a public street, it shall be fenced, provided with an earthen berm, screening, or combination thereof, that provides a physical barrier from the street, in accordance with § 290-1105.
(7)
Failure to maintain any common open space shall constitute a violation of this chapter and shall be actionable by the Borough in accordance with Article XVIII.
(8)
A minimum of 10% of the total tract size for multifamily and
single-family attached developments shall be dedicated to common open
space.
See Figure 12-2.
A.
Outdoor dining areas shall be associated with a principal use of
a restaurant or other similar use and shall be located abutting that
building in which the principal use is located, and on the same lot
as the principal use.
B.
Outdoor dining areas shall not be located on or extend into a public
street or required parking area and shall be separated from parking
areas by fencing or other approved buffer in addition to being separated
from parking areas by a minimum of two feet.
C.
A minimum clear pedestrian walkway meeting ADA requirements shall
be maintained in front of the eating establishment.
D.
There shall be no advertising in conjunction with the outdoor dining area aside from the approved signs for the associated use in accordance with Article XIII, Signs.
E.
All tables, chairs, umbrellas, and other furnishings shall be temporary
in nature so as to be easily moved or removed during winter months
when outdoor dining is not in operation, for severe weather, for emergency
purposes, or other occurrence as warranted by the Borough. However,
all furnishings shall be weighted or of a substantial nature so as
not to be blown off the property by strong winds and to ensure the
safety and convenience of patrons.
F.
Tables, chairs and all other furnishings or accessories may not be
left in place but shall be removed from the sidewalk during nonbusiness
hours.
G.
No tables, chairs or any other fixtures used in connection with an
outdoor dining area shall be attached, chained or in any manner affixed
to any tree, sign or other public fixture.
H.
Paint, carpeting, artificial turf, platforms or other surfaces of
any kind shall not be permitted at any time on the public sidewalk
or in the outdoor seating area. The outdoor dining area or its operation
shall not damage, stain or discolor any part of the sidewalk or public
right-of-way.
I.
The perimeter of outdoor dining areas may be delineated by nonpermanent
fixtures, such as railings, fencing, planters and other similar approved
fixture. Railings, fences, planters, and other enclosures shall not
be greater than 42 inches in height and shall be anchored, weighted,
connected, or constructed so as to prevent them from being easily
moved.
J.
The owner of the eating establishment is responsible for keeping
the pedestrian walkway and seating area in front of the premises clean
and free of trash and debris.
K.
Where outdoor dining areas are permitted for use for patrons aside
from table service and clearing by employees, trash receptacles shall
be required and shall be kept covered and clean at all times.
L.
Owners of the eating establishment must stop serving customers on
or before 10:00 p.m. prevailing time and clear all tables of food,
beverages and customers on or before 11:00 p.m. prevailing time.
M.
The owner shall maintain the eating establishment in accordance with
all Borough ordinances and state and federal laws, as well as rules
and regulations promulgated and adopted by the Borough which pertain
to this use of eating establishments.
N.
The owner shall remove the outdoor portion of the eating establishment
within 30 days after written notice if the Borough or the Zoning Officer
determines that the eating establishment is detrimental to the health,
safety and general welfare of the Borough or its citizens due to one
or more conditions, including but not limited to the following:
(1)
The outdoor dining use narrows the sidewalk to the extent that
pedestrian traffic is impeded.
(2)
The outdoor dining use consistently violates the hours of operation
and/or becomes a nuisance due to noise, trash, odor or other similar
nuisance when consistently documented by the Borough, the Code Officer,
or due to consistent documented complaints from Borough residents
or businesses.
(3)
The eating establishment is no longer being used as such.
(4)
The eating establishment has been temporarily or permanently
closed for violation of any Borough, state or federal law and/or regulation.
(5)
The eating establishment is operated in violation of an ordinance,
rule or regulation of the Borough of Elverson.
O.
In the event that the owner fails to remove the eating establishment
within 30 days after written notice, the Borough may proceed to remove
and restore the area and charge the owner for the cost thereof. Should
an eating establishment be removed by the Borough, the owner shall
be entitled to a return of the equipment, furnishings or appurtenances
so removed only after the payment of all costs due to the Borough
and by requesting the return in writing. The responsibility for removal
under the provisions of this subsection shall be the sole responsibility
of the owner without any obligation or cost assessed against the Borough.
|
Figure 12-2: Outdoor Dining
|
The following uses shall be permitted accessory uses to a place
of worship and shall be conducted upon the same lot:
A.
Use shall not be conducted as a for-profit gainful business.
B.
Use of the facilities shall be for authorized members and guests
only.
C.
Food, meals and beverages shall be available to club members and
guests only, provided adequate dining room and kitchen facilities
are available.
D.
Operating hours shall be similar to restaurants and other businesses.
E.
Lodging of overnight guests is prohibited.
A.
Permanent or temporary swimming pools with a depth of two or more
feet shall be located in the rear or side yard of a residential lot
to which it is accessory. Such swimming pools are further subject
to the regulations of the Building Code of the Borough of Elverson
(UCC).
B.
Hot tubs, whirlpool baths and tubs, and jacuzzi-type tubs or baths
shall not be considered swimming pools if located outdoors or designed
to be located outdoors and are provided with permanent outdoor water
plumbing and a lockable cover.
C.
Pumps, filters, propane tanks, or other ancillary mechanical equipment
associated with outdoor pools, tubs or baths shall not be located
within 10 feet of a property line.
D.
The provisions regulating fencing shall not apply to pools having
sides extending four feet above grade, provided that the stairs or
other means of access to the pool, are removed or locked in such a
position as to make it readily inaccessible when not in use.
E.
All materials used in the construction of pools shall be waterproofed
and so designed and constructed as to facilitate emptying and cleaning
and shall be maintained and operating in such a manner as to be clean
and sanitary at all times.
F.
Water may not be discharged from a swimming pool directly onto adjacent
properties or rights-of-way, storm sewer/drains, or into the public
sanitary sewer system or stormwater conveyance system.
G.
Enclosed indoor pools must comply with applicable regulations pertaining
to accessory structures.
H.
Outdoor lighting, if any, shall be shielded and/or reflected away
from adjoining properties so that no beam of light, only diffused
or reflected light, enter adjoining properties.
I.
Aboveground pools shall have a combination of a pool wall and fence
in accordance with the Building Code (UCC).
A.
Front and rear yards shall be provided in accordance with the regulations
of the district in which the facility is located. All public utility
service structures and/or facilities shall be set back a minimum of
10 feet from any lot line.
B.
All equipment shall be totally enclosed within a building or approved
structure.
C.
The external design of any building shall be in character with the
existing buildings in the Borough.
A.
The Zoning Hearing Board may authorize as a special exception the
conversion of single-family dwellings existing at the effective date
of this chapter into a dwelling for not more than three dwelling units,
where clearly necessary to permit reasonable use of the structure
and the requirements of this section.
B.
A single-family detached dwelling which is converted to a dwelling
with a greater number of dwelling units shall maintain the facade
and appearance of a single-family detached dwelling with a single
front entrance. The dwelling units may share the single front entrance.
C.
Additional entrances, when required, shall be placed on the side
or rear of the building. Exterior stairways and fire escapes shall
be located on the rear wall in preference to either side wall, and
in no case be located on a front or side wall facing a street.
E.
A floor plan shall be included with the application for conversion,
indicating both exterior and interior modifications. A lot plan shall
also be included in the application which identifies off-street parking
and other lot improvements.
F.
The area and bulk regulations for the applicable zoning district
shall be met.
G.
The minimum floor area for an individual dwelling unit shall be 600
square feet.
H.
Each dwelling unit shall be provided separate cooking and sanitary
facilities in accordance with the Borough Building Code.
J.
Off-street parking lots with five or more spaces shall be landscaped and screened from abutting lots with dwellings, in accordance with § 290-1105 of this chapter.
K.
Twenty-five percent of the lot area shall be designed, reserved and
maintained as common open space for residents of the dwelling units.
The minimum dimension of any common open space area shall be 15 feet
in any direction. Stormwater detention areas shall not be counted
as common open space. All or some of the common open area may be paved
if designed as a patio(s) for leisure use.
L.
The plans for the conversion which are submitted to the Zoning Hearing
Board shall be accompanied by a certificate of approval by the Pennsylvania
Department of Labor and Industry where two or more families are to
be housed above the ground floor.
A.
Purpose. The purposes of this section are:
(1)
To provide an opportunity for flexibility in lot designs and
building arrangement not afforded by conventional lot-by-lot development.
(2)
To provide for a more varied, innovative and efficient development
pattern.
(3)
To promote new development which is compatible with existing
uses, architecture, landscapes and community character.
(4)
To preserve unique and sensitive landscapes and site features,
including woodlands, wetlands and scenic views, by providing for the
location of new dwelling sites in areas removed from such features.
(5)
To retain and protect open space areas within residential development.
(6)
To provide a means to attain the aims and objectives of the
Elverson Borough Comprehensive Plan relative to orderly growth and
the enhancement of environmental resources.
B.
Eligibility.
(1)
Approval.
(a)
By right. The Site Responsive Residential Community Option shall
be permitted in the (SRR) Site Responsive/Recreation District by right.
(b)
Conditional use. The Site Responsive Residential Community Option shall be permitted in the (SR) Site Responsive Development District when approved as a conditional use in accordance with the provisions of Article XVII of this chapter and where the applicant, to the satisfaction of the Borough Council, can demonstrate compliance with all design standards and criteria of this section. The applicant is strongly encouraged to submit a sketch plan to the Elverson Borough Planning Commission and to discuss community development and open space resource conservation objectives with the Planning Commission prior to formal conditional use application. Upon written request from the applicant and if the Borough Council and Planning Commission have previously reviewed a sketch plan and site analysis of the proposed development, the Borough Council may elect to consider the preliminary subdivision plans simultaneously with the conditional use approval.
(2)
Water supply. Development under the Site Responsive Residential Community Option shall be served by a public water supply system in accordance with the provisions of Chapter 240, Subdivision and Land Development, of this Code. As a condition of conditional use approval, Council may approve use of other than public water supply where applicant can demonstrate to the satisfaction of the Council that extension of public water service is infeasible and that adequate supply for the intended uses can otherwise be supplied.
(3)
Sewage disposal. Development under the Site Responsive Residential Community Option shall be served by a public sewage disposal system consistent with the Elverson Borough Sewage Facilities (Act 537) Plan and in accordance with the provisions of Chapter 240, Subdivision and Land Development, subject to demonstration of compliance with all applicable regulations of the Pennsylvania Department of Environmental Protection. As a condition of conditional use approval, Borough Council may approve use of other than public sewage disposal where applicant can demonstrate to the satisfaction of the Council that extension of public sewer service is infeasible and that adequate alternative means of sewage disposal can be achieved.
(4)
Consistency with municipal planning program. The proposed development
shall be generally consistent with the Elverson Borough Comprehensive
Plan.
(5)
Single plan. The tract of land to be developed shall be under
single ownership or, if in multiple ownership, shall be developed
according to a single plan with common authority and responsibility.
C.
Permitted uses.
(1)
Single-family detached dwellings.
(2)
Multiple-family dwellings.
(3)
Age-restricted retirement community congregate facility, restricted
to occupancy by households where the head of household is age 55 or
older, in any combination of the following uses:
(a)
Individual residential dwelling units in any combination of
single-family detached, two-family or multifamily dwellings.
(b)
Age-restricted retirement community congregate facility in accordance with § 290-1204, where applicant can demonstrate to the satisfaction of the Council that such facilities are clearly intended for use principally by residents and staff of the congregate facility, which may include the following accessory uses:
[1]
Kitchen and dining facilities.
[3]
Management office and similar support services.
[4]
Medical offices and/or clinics not operated as
the principal location of any medical practice servicing the general
public.
[5]
Indoor and outdoor recreational facilities.
[6]
Maintenance shop, emergency power generation, central
laundry, central kitchen.
[7]
Retail/service areas primarily for the residents
and staff, including but not limited to limited facilities such as
vending machines, sale of minor convenience items such as toiletries,
hair cutting/salon, or spa.
[8]
Residential dwelling unit for full-time on-site
community manager.
(4)
Convenient commercial facilities to serve the residents of the Site Responsive Residential Community may be provided if the development contains a minimum of 100 dwelling units and may include any use permitted by right in the C Commerce District. Convenience commercial facilities shall comply with the development standards set forth in § 290-1226E(1)(c) as well as with the area and bulk provisions of Article VII.
(5)
Open space uses, as set forth in § 290-1226F(1)(b) of this section.
D.
Area and bulk regulations.
(2)
Establishment of net tract area. For purposes of establishing
the maximum permissible number of lots or dwelling units on any tract
utilizing the Site Responsive Residential Community Option, the net
tract area shall include all areas within the legal property lines
of a tract, excluding the following:
(a)
Any existing area that has been set aside as a permanent right-of-way
or easement for a public or private street.
(b)
Any existing area comprising permanent drainage or stormwater
management easements.
(c)
An area equivalent to 75% of any area comprised of one or more of the following areas and excluding any area already excluded by Subsection D(2)(a) or (b) above:
[1]
Any floodplain areas as regulated by the most current
Floodplain Ordinance adopted by the Borough.
[2]
Any area comprising wetlands under the jurisdiction
of the U.S. Army Corps of Engineers and/or the Pennsylvania Department
of Environmental Protection; the Borough reserves the right to retain
a qualified consultant to ascertain the extent of jurisdictional wetlands,
reasonable and necessary charges therefor to be borne by the applicant.
[3]
Any area of slope exceeding 25%, as measured between
consecutive two-foot contour intervals.
(3)
Permitted density calculation. Except where bonus density is permitted in accordance with the provisions of § 290-1226D(4), the maximum permissible number of lots or dwelling units on any tract utilizing the Site Responsive Residential Community Option shall be calculated by multiplying the net tract area by the appropriate multiplier stipulated below. Where convenience commercial and/or age-restricted retirement community development is proposed, the land area necessary to meet the area and bulk requirements for such uses shall be excluded from the net tract area used to calculate maximum permissible residential density under this section.
(d)
Various portions of any single tract may be planned for development
in accordance with differing density options as provided above. In
such event, applicant shall demonstrate that appropriate land areas
including required open space, and measured as a proportion of the
total net tract area, can be identified to separately apply to each
density multiplier utilized. No land area used for calculation under
any one option shall also be used for calculation under another option.
(e)
Applicant is advised that the maximum number of units calculated
under the provisions herein, including potential bonus density, may
not always be achievable while meeting requirements for minimum restricted
open space and all other standards, criteria and regulations herein.
(4)
Bonus density calculation for open space resource conservation. In order to promote conservation of significant open space resources, the maximum density or number of lots or dwelling units permitted on any tract of land proposed for development under the Site Responsive Residential Community Option may be increased over and above the base maximum calculated as above where additional common open space is provided meeting the criteria established in Subsection D(4)(a) through (d) below, as follows: For each additional percentage point of eligible open space, calculated as a percentage of gross tract area, the maximum number of units may be increased by 2%. This density bonus shall be calculated as a percentage of the maximum number of units originally calculated under § 290-1226D(3). Density bonus calculation shall be rounded to the nearest whole number; fractions of 0.5 or greater shall be rounded up. As an example, if on a tract required to provide 40% minimum common open space an applicant can designate 60% of gross tract area meeting all criteria for minimum common open space, he may be entitled to a 40% bonus in dwelling units. This would be calculated by multiplying the 20% increment of additional open space (60% - 40%) times 2 (20 X 2 = 40). If such an applicant were originally entitled to 40 units under Subsection D(3) of this section, this would translate into a bonus of 16 units (40% X 40 units = 16).
(a)
In order to be eligible for calculation of bonus density, open space must comprise open space area(s) fully in addition to the minimum required common open space area established in accordance with § 290-1226D(1).
(b)
Open space eligible for calculation of bonus density must meet all criteria for common open space stipulated in § 290-1226F.
(d)
Conservation of open space used toward calculation of bonus
density must be guaranteed through establishment of restrictions and
management criteria satisfactory to the Borough Council.
(5)
Residential area and bulk calculations. Under the Site Responsive
Residential Community Option, no minimum lot area is prescribed, rather
the following lot and yard area regulations shall apply to any principal
residential structure or any other permitted building; at the time
of conditional use application applicant shall indicate for each permitted
use, including potential accessory uses, the limits of the building
envelope within which compliance with these provisions is feasible:
(a)
Minimum separation between buildings, except accessory buildings,
at any point shall not be less than 20 feet, except that minimum separation
shall not be less than 50 feet measured perpendicularly from the rear
wall of any residential structure to any point on any other building
not accessory to such residential structure.
(b)
Minimum separation between accessory buildings and any principal structures to which they are not accessory (i.e., any principal structure on any other lot) at any point shall comply with Subsection D(5)(a) above.
(c)
No exterior windows, doors or other openings shall be permitted
in any portion of any principal or accessory structure located less
than five feet from any lot line.
(d)
Where any portion of any principal or accessory structure is
located less than five feet from any lot line, a perpetual easement
providing for maintenance of such structure, and measuring no less
than five feet in width from the affected walls, shall be provided
on the adjacent lot(s). This provision shall not apply to lot line(s)
separating two-family or multiple-family dwelling units on the interior
of the same principal structure.
(e)
Minimum setback from the edge of cartway (or outside edge of curb, if applicable) of any street shall be not less than 25 feet, except as provided under Subsection D(5)(f) below.
(f)
All proposed dwelling units in a development utilizing the Site
Responsive Residential Community Option shall be situated so that
they are set back a minimum of 30 feet from the predevelopment perimeter
boundary of the tract. Existing dwellings and dwellings resulting
from the conversion of existing buildings shall be exempt from this
requirement, except that additions to such existing structures shall
not further reduce any setback which is less than 30 feet.
(g)
Maximum length of any residential building, including rows of attached townhouses or other multiple-family buildings, shall not exceed 160 feet. Residential buildings other than single-family detached and two-family dwelling units shall comply with the architectural design provisions of § 290-1226E(2).
(h)
Maximum depth of any section of any residential building shall
not exceed 75 feet.
(i)
Maximum building height. Three stories or 35 feet, exclusive
of basements, whichever is less.
(j)
Maximum impervious coverage. Maximum impervious coverage limitations
shall be established for each building lot and open space lot in accordance
with the following schedule:
[1]
Lots less than 5,000 square feet in area: 60%.
[2]
Lots less than 10,000 square feet in area: 50%.
[3]
Lots greater than or equal to 10,000 square feet
and less than 20,000 square feet in area: 35%.
[4]
Lots greater than or equal to 20,000 square feet
and less than one acre in area: 25%.
[5]
Lots greater than or equal to one acre and less
than five acres in area: 20%.
[6]
Lots greater than or equal to five acres and less
than 20 acres in area: 15%.
[7]
Lots greater than 20 acres in area: 10%.
(k)
While conformance to these area and bulk regulations is not
dependent upon any specific minimum lot area or dimensions, applicant
shall be required to demonstrate to the satisfaction of the Borough
Council that any lots established under the provisions of this section
are of appropriate size and shape relative to the following:
E.
Conservation and development design standards.
(1)
General development standards.
(b)
Placement of buildings and design of internal circulation systems
shall minimize adverse impact to existing Borough streets.
(c)
Convenience commercial facilities. Where permitted as a condition
of conditional use approval, all convenience commercial facilities
shall comply with the following standards:
[1]
There shall be direct vehicular access only to
an arterial or collector street either within or abutting the development.
[2]
Only 3,500 square feet of gross leasable commercial
floor area shall be allowed for each 100 dwelling units of a mixed
residential community.
[3]
One sign not exceeding 16 square feet shall be
permitted for each 3,500 square feet of commercial floor area.
[4]
The architectural style of the commercial building(s)
shall be similar in size, scale, color and exterior siding material
as residential dwellings within the development.
[5]
Commercial facilities shall not be built until
occupancy permits have been issued for at least 100 dwelling units.
(d)
Age-restricted retirement community. Area and bulk regulations for residential dwelling units within an age-restricted retirement community, including calculation of permitted density, shall comply with those otherwise applicable to residential dwelling units developed pursuant to this section and § 290-1204, as applicable.
(2)
Architectural design. It is not the intention of the Borough
to govern specific architectural design nor to link conditional use
approval to any specific architectural design criteria.
(a)
Applicant shall provide drawings illustrating the general character
of the intended exterior design, including principal exterior materials,
of all structures other than single-family detached and two-family
dwelling units to be built on lands developed in accordance with this
section.
(b)
Where the Borough Council determines that architectural design
as presented by applicant is an essential means by which the proposed
development complies with the objectives of this section, the Borough
Council may require, as a condition of approval, establishment of
appropriate means to guarantee general adherence to the intended architectural
character.
(c)
Applicant shall address proposed means of long-term maintenance
of exterior building facades and landscaping to the satisfaction of
the Borough Council; for example, including where appropriate establishment
of covenants and/or homeowners' association documentation. In granting
conditional use approval, the Borough Council may establish appropriate
conditions to require provision for long-term maintenance of exterior
building facades and landscaping.
(3)
Open space resource protection standards. In utilizing the Site Responsive Residential Community Option, the proposed design shall limit disturbance of all open space resources identified in the required site analysis and accompanying material submitted in accordance with § 290-1701D.
(a)
Where applicable, the applicant shall comply with the specific
objectives of the Elverson Borough Comprehensive Plan.
(b)
Historic resources shall be preserved to the greatest degree
practicable, through incorporation into development plans and design,
including historic structures, ruins or sites, historic road or other
transport traces, paths and trails, and any other historic landscape
features. The applicant is encouraged to maintain sufficient landscaped
or buffer area surrounding historic structures to retain the integrity
of the historical landscape setting. The applicant may demonstrate
mitigation of impacts to historical landscape setting through introduction
of vegetation or other screening in harmony with such landscape setting
and through retention of view lines which visually link historic structures
to their landscape setting.
(c)
Lands within floodplain areas as regulated by the most current
Floodplain Ordinance adopted by Elverson Borough.
(d)
The applicant shall demonstrate compliance with applicable state
and/or federal regulation of streams and wetlands. For any proposed
activity requiring the submission of a wetland delineation report,
stream or wetland encroachment permit, or mitigation plan to the Pennsylvania
Department of Environmental Protection (DEP) and/or U.S. Army Corps
of Engineers or successor agencies, copies of all such documentation
shall be submitted to Elverson Borough.
(e)
Mature trees and woodland tree masses, including any individual
freestanding trees over nine-inch caliper diameter at breast height,
hedgerows, native flowering trees and shrubs, fence lines, rock outcroppings
and other noted landscape features shall be inventoried and shall
be preserved to the greatest degree feasible.
(f)
Removal or disturbance of woodland tree masses shall not occur
on more than 35% of the total area they occupy, except where the Borough
Council is satisfied overall community planning and open space resource
protection objectives are best served through allowance for additional
disturbance.
F.
Open space designation and management standards.
(1)
General standards for open space designation.
(a)
Areas designated as common open space shall be consistent with the Elverson Borough Open Space, Recreation, and Environmental Resources Plan. The location and layout of common open space shall be configured so as to serve residents adequately and conveniently and to promote adherence to the resource protection standards in § 290-1226E above, and shall further conform to the following conditions:
[1]
A portion of the designated common open space equal
in area to no less than 15% of the gross tract area shall exclude
areas comprised of designated floodplain areas, wetlands, and slopes
in excess of 15%.
[2]
No portion of the common open space shall be measured
as contributing to the minimum required common open space or to any
open space utilized in calculation of any density bonus where:
[a]
Within 25 feet of any structure, except structures
devoted to permitted open space uses.
[b]
Composing stormwater management facilities. At
the discretion of the Borough Council, areas devoted to stormwater
management facilities may be included within the minimum common open
space where the applicant can demonstrate to the satisfaction of the
Borough Council that such facilities are designed to:
[3]
Subject to the provisions of measurement of minimum
required common open space stipulated herein, sewage service, stormwater
management, and/or water supply facilities may be located entirely
or partially within common open space areas. Where such facilities
are so located, easements satisfactory to the Borough Council shall
be established to require and enable maintenance of such facilities
by the appropriate parties.
(b)
Areas designated for common open space purposes may be used
for any of the following:
[1]
Crop or pasture land, subject to submission of
conservation plan approved by the Chester County Conservation District.
[2]
Woodland, meadow, wetland, wildlife habitat, game
preserve, or similar conservation-oriented area.
[3]
Land application of wastewater, where permitted
in accordance with the Elverson Borough Sewage Facilities Plan and
where the Borough Council is satisfied that adequate provision(s)
for the long-term management and maintenance of the wastewater system
are guaranteed.
[4]
Public, common or private park or outdoor recreation
area, subject to the specific terms of conditional use approval set
by the Borough Council. Any change in recreational use(s) from that
permitted in accordance with the original grant of conditional use
approval shall require additional approval as a conditional use.
[5]
Common open space shall be interconnected with
open space areas on abutting parcels wherever possible, including,
where appropriate, provisions for pedestrian pathways for general
public use to create linked systems within the Borough.
[6]
Where deemed appropriate by the Borough Council,
common open space areas shall be provided with sufficient perimeter
parking and with safe and convenient access by adjoining street frontage
or other rights-of-way or easements capable of accommodating pedestrian,
bicycle and maintenance and vehicle traffic, and containing appropriate
access improvements.
[7]
At the discretion of the Borough Council, a portion of the required common open space may be utilized to meet the recreational requirements of Chapter 240, Subdivision and Land Development, of this Code.
[8]
Where development under the Site Responsive Residential
Community Option is planned to occur in two or more development phases,
a proportionate amount of common open space shall be permanently recorded
with each phase.
(2)
Standards for ownership of common open space. Except to provide
for permitted open space uses, common open space shall be restricted
from further subdivision or development by deed restriction, conservation
easement, or other agreement in a form acceptable to the Borough and
duly recorded in the Office of the Recorder of Deeds of Chester County.
Subject to such permanent restrictions, common open space land in
any open space development may be owned by a homeowners' association,
the Borough, a land trust or other conservation organization recognized
by the Borough or by a similar entity, or may remain in private ownership.
(a)
Offer of dedication. The Borough may, but shall not be required
to, accept dedication in the form of fee simple ownership of restricted
open space land, provided:
(b)
Homeowners' association. The common open space land and associated
facilities may be held in common ownership by a homeowners' association.
The association shall be formed and operated under the following provisions:
[1]
The developer shall provide a description of the
association, including its bylaws and methods for maintaining the
common open space.
[2]
The association shall be organized by the developer
and operating with financial subsidization by the developer, before
the sale of any lots within the development.
[3]
Membership in the association is mandatory for
all purchasers of homes therein and their successors. The conditions
and timing of transferring control of the association from developer
to homeowners shall be identified.
[4]
The association shall be responsible for maintenance
and insurance on common open space, enforceable by liens placed by
the homeowners' association. Maintenance obligations also may be enforced
by the Borough, which may place liens to recover its costs. Any governmental
body with jurisdiction in the area where the development is located
may place liens on the owners of the common open space to collect
unpaid taxes.
[5]
The members of the association shall share equitably
the costs of maintaining and developing such common open space. Shares
shall be defined within the association bylaws. Association dues shall
be structured to provide for both annual operating costs and to cover
projected long-range costs relating to the repair of any capital facilities
(which shall be deposited in a sinking fund reserved for just such
purposes).
[6]
In the event of a proposed transfer, within the
methods here permitted, of common open space land by the Homeowners'
association, or of the assumption of maintenance of such land by the
Borough, notice of such action shall be given to all property owners
within the development.
[7]
The association shall have or hire adequate staff
to administer common facilities and properly and continually maintain
the common open space.
[8]
The homeowners' association may lease common open
space lands to any other qualified person or corporation for operation
and maintenance of such lands, but such a lease agreement shall provide:
[a]
That the residents of the development shall at
all times have access to the common open space contained therein (except
that access to land that is actively farmed shall be limited to times
of the year when the fields are fallow).
[b]
That the common open space to be leased shall be
maintained for the purposes set forth in this chapter.
[c]
That the operation of open space facilities may
be for the benefit of the residents only or may be open to the residents
of the Borough, at the election of the developer and/or homeowners'
association, as the case may be.
[d]
The lease shall be subject to the approval of the
Borough Council, and any transfer or assignment of the lease shall
be further subject to the approval of the Borough Council. Lease agreements
so entered upon shall be recorded with the Recorder of Deeds of Chester
County within 30 days of their execution, and a copy of the recorded
lease shall be filed with the Secretary of the Borough.
[9]
Homeowners' association documentation demonstrating
compliance with the provisions herein shall be filed with the final
subdivision and land development plans. At the time of preliminary
plan submission, applicant shall provide draft homeowners' association
documentation with sufficient detail to demonstrate feasible compliance
with this section.
(c)
Condominiums. The common open space and associated facilities may be held in common through the use of condominium agreement(s), approved by the Borough Council. Such agreement shall be in conformance with the Uniform Condominium Act of 1980. All common open space shall be held as "common elements" or "limited common elements." To the degree applicable, condominium agreement(s) shall comply with the provisions of § 290-1226F(2)(b) above, set forth for homeowners' associations. Condominium agreement(s) shall be filed with the final subdivision and land development plans. At the time of preliminary plan submission, applicant shall provide draft condominium agreement(s) with sufficient detail to demonstrate feasible compliance with this section.
(d)
Dedication of easements. The Borough may, but shall not be required
to, accept easements for public use of any portion or portions of
common open space, title of which is to remain in common ownership
by condominium or homeowners' association, provided:
[1]
Such land is accessible to Borough residents.
[2]
There are no costs of acquisition other than any
costs incidental to the transfer of ownership, such as title insurance.
[3]
A satisfactory maintenance agreement is reached
between the developer, condominium or homeowners' association and
the Borough.
(e)
Transfer of easements to a private conservation organization.
With the permission of the Borough, an owner may transfer easements
to a private, nonprofit, organization recognized by the Borough, among
whose purpose it is to conserve open space and/or natural resources,
provided that:
[1]
The organization is acceptable to Borough Council
and is a bona fide conservation organization with perpetual existence.
[2]
The conveyance contains appropriate provision for
proper reverter or retransfer in event that organization becomes unwilling
or unable to continue carrying out its functions.
[3]
A maintenance agreement acceptable to the Borough
Council is entered into by the developer and the organization.
(f)
Private ownership of common open space.
[1]
Common open space may be retained in ownership
by the applicant or may be transferred to other private parties, subject
to compliance with all standards and criteria for restricted open
space herein.
[2]
All or portions of the designated common open space,
where permitted by the Borough Council, may be included within or
divided among one or more of the individual lots. Where deemed appropriate,
the Borough Council may require that responsibility for maintenance
of common open space be conferred upon and/or divided among the owners
of one or more individual lots.
(3)
Required open space management plan.
(a)
Any application for conditional use approval of the Site Responsive Residential Community Option under this section shall contain a conceptual plan for the long-term management of the common open space which is to be created as part of the development. Such a plan shall include a discussion of: 1) the manner in which the common open space will be owned and by whom it will be managed and maintained; 2) the conservation, land management and agricultural techniques and practices which will be used to conserve and perpetually protect the common open space, including conservation plan(s) approved by the Chester County Conservation District where applicable; 3) the professional and personnel resources that will be necessary in order to maintain and manage the property; 4) the nature of public or private access that is planned for the common open space; and 5) the source of money that will be available for such management, preservation and maintenance on a perpetual basis. The adequacy and feasibility of this conceptual management plan as well as its compatibility with the open space resource protection objectives of § 290-1226E shall be a factor in the approval or denial of the conditional use application by the Borough Council.
(b)
The conceptual management plan shall be transformed into a more
detailed open space management plan and presented to the Borough for
review and approval with the preliminary subdivision and land development
plan. The Borough Council may require that the management plan be
recorded with the final subdivision and land development plans in
the office of the Recorder of Deeds of Chester County. In order to
allow for the changing needs inherent in the perpetual management
of land, the management plan shall contain a provision to the effect
that it may be changed by written application to the Borough Council,
so long as the proposed change is feasible and consistent with the
purposes of preservation of open space set forth in this section and
so long as the plan for such change avoids a likelihood of the obligation
for management and maintenance of the land falling upon the Borough
without the consent of the Borough Council, and the approval of the
Borough Council in that regard shall not be unreasonably withheld
or delayed.
(4)
Open space performance bond.
(a)
All landscape improvements, plantings, accessways, and recreational facilities within common open space shall be provided by the developer, as applicable. A performance bond or other securities shall be required to cover costs of all installation of proposed improvements in the common open space. The performance bond or other security shall be in the same form and adhere to the same conditions as otherwise required for proposed improvements in accordance with Chapter 240, Subdivision and Land Development, of this Code.
(b)
An appropriate portion of the performance bond or other security
will be applied by the Borough should the developer fail to install
the planting or recreational facilities.
A.
Each storage unit shall have individual access.
B.
The maximum building height shall be one story.
C.
Outdoor storage of items may be permitted when approved by conditional use in accordance with Article XVII, including but not limited to boats, automobiles, motorcycles, construction equipment, RVs, ATVs, or any other property.
E.
If a managerial/business office is established on the site, a minimum
of four parking spaces must be provided adjacent to the office.
F.
No business activities, other than rental of storage units, shall
be conducted on the premises.
G.
The use shall be subject to review by Borough police and fire officials
regarding security and fire protection.
H.
Storage of explosive, radioactive, toxic, highly flammable, or otherwise
hazardous materials shall be prohibited.
I.
All storage shall be within closed buildings built on a permanent foundation of durable materials, except when approved by conditional use in accordance with § 290-1227C. Trailers, box cars or similar impermanent or movable structures shall not be used for storage.
J.
The entrance shall be a minimum of 20 feet in width that shall be
unobstructed by vehicles or equipment and be composed of an automated
or locked gate that restricts access only to the owner or persons
renting or leasing units in the facility.
K.
The storage of partially dismantled, wrecked and/or inoperative vehicles
shall not be permitted.
L.
Exterior lighting shall be limited to security lighting, and a lighting
plan shall be submitted for approval by the Borough Council.
M.
Self-storage facilities shall be expressly used for the storage of
property; all other uses or activities are prohibited, including but
not limited to auctions, commercial wholesale or retail sales, garage
sales, servicing or repair of vehicles, boats or trailers, or the
operation of power tools.
A.
Purpose. The purpose of allowing supplemental dwelling units is to
provide the opportunity for the creation of small dwelling units designed
to meet housing needs by allowing more efficient use of housing stock
and accessory buildings in the Borough.
B.
Only single-family detached dwellings and their accessory buildings
qualify for the establishment of a supplemental dwelling unit.
C.
The area and bulk regulations of the applicable zoning district shall
apply to the lot on which a supplemental dwelling unit is located.
D.
The supplemental dwelling unit shall be located in one of the following
configurations:
(1)
Attached to or within the principal dwelling. The supplemental
unit may be a conversion of existing floor area or an enlargement
to the principal dwelling. Enlargement shall comply with all applicable
area and bulk requirements. Entrance to the supplemental unit shall
be either through the principal dwelling or via a separate entrance
located at the rear or side of the unit.
(2)
Contained within a detached accessory structure on the same
lot. The minimum distance between principal and accessory buildings
shall be 10 feet.
E.
There shall be no more than one supplemental dwelling unit per lot.
F.
The supplemental dwelling unit shall remain accessory and incidental
to the principal dwelling. The supplement unit shall have a minimum
floor area of 400 square feet but shall not exceed 35% of the existing
dwelling total floor area at the time of application.
G.
One of the dwelling units shall be occupied by the owner of the lot
on which both dwelling units are located.
H.
One off-street parking space shall be provided for each supplemental
dwelling unit, in addition to parking requirements for the principal
dwelling.
A.
No vehicle sales, service or repair shall be located within 50 feet
of any residence or residentially zoned lands.
B.
All service and/or repair activities shall be conducted within a
wholly-enclosed building.
C.
All exterior vehicle storage areas shall be screened from view of
any adjoining residential district or use.
D.
If gasoline pumps are to be installed, all requirements for vehicle
fueling stations shall be satisfied.
E.
Any use involving the generation of waste grease and/or oil shall
be required to install traps to collect these waste products. Such
uses shall also demonstrate a regular and proper means of disposal
of such greases and/or oils, as required by applicable state and/or
federal regulations.
F.
No outdoor stockpiling of tires or outdoor storage of trash is permitted.
An area enclosed by a wall or fence, screened from view of adjoining
properties, shall be provided whenever outdoor storage is required.
No materials may be stored so as to create a fire hazard.
G.
Satisfactory provision shall be made to minimize harmful or unpleasant
effects such as noise, odors, fumes, glare, vibration and smoke.
H.
Stored and/or repaired vehicles shall remain no longer than 60 days
from the date of arrival.
I.
The demolition or storage of junked vehicles is prohibited.
J.
All automotive repairs or services activities, except those performed
at fuel pumps, shall take place within a completely enclosed building.
Vehicles waiting for repairs shall not be stored outdoors for more
than 10 days.
K.
Junked vehicles may not be stored in the open at any time, and any
junked vehicles shall be stored within an enclosed or fenced area.
L.
There shall be no greater than two parked vehicles per service bay
in an open area or within a required parking space or lot, any additional
vehicles shall be in an enclosed or fenced area.
A.
Purposes and findings of fact.
(1)
The purpose of this section is to establish uniform standards
for the siting, design, permitting, maintenance and use of wireless
communications facilities in Elverson Borough (referred to herein
as the "Borough"). While the Borough recognizes the importance of
wireless communications facilities in providing high quality communications
service to its residents and businesses, the Borough also recognizes
that it has an obligation to protect public safety and to minimize
the adverse visual effects of such facilities through the standards
set forth in the following provisions.
(2)
By enacting these provisions, the Borough intends to:
(a)
Accommodate the need for wireless communications facilities
while regulating their location and number so as to ensure the provision
for necessary services.
(b)
Provide for the managed development of wireless communications
facilities in a manner that enhances the benefits of wireless communication
and accommodates the needs of both Borough residents and wireless
carriers in accordance with federal and state laws and regulations.
(c)
Establish procedures for the design, siting, construction, installation,
maintenance and removal of both tower-based and non-tower-based wireless
communications facilities in the Borough, including facilities both
inside and outside the public rights-of-way.
(d)
Address new wireless technologies, including but not limited
to distributed antenna systems, data collection units, cable Wi-Fi
and other wireless communications facilities.
(e)
Minimize the adverse visual effects and the number of such facilities
through proper design, siting, screening, material, color and finish
and by requiring that competing providers of wireless communications
services co-locate their commercial communications antennas and related
facilities on existing towers.
(f)
Ensure the structural integrity of commercial communications
antenna support structures through compliance with applicable industry
standards and regulations.
(g)
Promote the health, safety and welfare of the Borough's residents.
B.
General and specific requirements for non-tower wireless communications
facilities.
(1)
Regulations applicable to all non-tower WCF located within the
Borough.
(a)
Permitted in all zones subject to regulations. Non-tower WCFs
are permitted in all zoning districts subject to the restrictions
and conditions prescribed below and subject to applicable permitting
by the Borough.
(b)
Nonconforming wireless support structures. Non-tower WCF shall
be permitted to co-locate upon nonconforming tower-based WCF and other
nonconforming structures. Co-location of WCF upon existing tower-based
WCF is encouraged even if tower-based WCF is nonconforming as to use
within a zoning district.
(c)
Standard of care. Any non-tower WCF shall be designed, constructed,
operated, maintained, repaired, modified and removed in strict compliance
with all current applicable technical, safety and safety-related codes,
including but not limited to the most recent editions of the American
National Standards Institute (ANSI) Code, National Electrical Safety
Code, and National Electrical Code. Any WCF shall at all times be
kept and maintained in good condition, order and repair by qualified
maintenance and construction personnel, so that the same shall not
endanger the life of any person or any property in the Borough.
(d)
Wind. All non-tower WCF structures shall be designed to withstand
the effects of wind according to the standard designed by the American
National Standards Institute as prepared by the engineering departments
of the Electronics Industry Association and Telecommunications Industry
Association (ANSI/TIA-222-E, as amended).
(e)
Aviation safety. Non-tower WCFs shall comply with all federal
and state laws and regulations concerning aviation safety.
(f)
Public safety communications. No non-tower WCF shall interfere
with public safety communications or the reception of broadband, television,
radio or other communication services enjoyed by occupants of nearby
properties.
(g)
Radio frequency emissions. No non-tower WCF may, by itself or
in conjunction with other WCFs, generate radio frequency emissions
in excess of the standards and regulations of the FCC, including but
not limited to the FCC Office of Engineering Technology Bulletin 65
entitled "Evaluating Compliance with FCC Guidelines for Human Exposure
to Radio Frequency Electromagnetic Fields," as amended.
(h)
Removal. In the event that use of a non-tower WCF is discontinued,
the owner is required to notify the Borough immediately upon cessation
or abandonment of the operation. The non-tower WCF owner shall then
have 90 days in which to dismantle and remove the communication tower
from the property. At the time of issuance of the permit for the construction
of the communication tower, the owner shall provide financial security
in form and amount acceptable to the Borough to secure the expense
of dismantling and removing said structure.
(i)
Timing of approval. Within 30 calendar days of the date that
an application for a non-tower WCF is filed with the Borough, the
Borough shall notify the WCF applicant in writing of any information
that may be required to complete such application. Within 90 calendar
days of receipt of a complete application, the Borough shall make
its final decision on whether to approve the application and shall
advise the WCF applicant in writing of such decision. If additional
information was requested by the Borough to complete an application,
the time required by the WCF applicant to provide the information
shall not be counted toward the Borough's ninety-day review period.
(j)
Insurance. Each person that owns or operates a non-tower WCF
shall provide the Borough with a certificate of insurance evidencing
general liability coverage in the minimum amount of $1,000,000 per
occurrence and property damage coverage in the minimum amount of $1,000,000
per occurrence covering the non-tower WCF.
(k)
Indemnification. Each person that owns or operates a non-tower
WCF shall, at its sole cost and expense, indemnify, defend and hold
harmless the Borough, its elected and appointed officials, employees
and agents at all times against any and all claims for personal injury,
including death, and property damage arising in whole or in part from,
caused by or connected with any act or omission of the person, its
officers, agents, employees or contractors arising out of, but not
limited to, the construction, installation, operation, maintenance
or removal of the non-tower WCF. Each person that owns or operates
a non-tower WCF shall defend any actions or proceedings against the
Borough in which it is claimed that personal injury, including death,
or property damage was caused by the construction, installation, operation,
maintenance or removal of a non-tower WCF. The obligation to indemnify,
hold harmless and defend shall include, but not be limited to, the
obligation to pay judgments, injuries, liabilities, damages, reasonable
attorneys' fees, reasonable expert fees, court costs and all other
costs of indemnification.
(l)
Maintenance. To the extent permitted by law, the following maintenance
requirements shall apply:
[1]
The non-tower WCF shall be fully automated and
unattended on a daily basis and shall be visited only for maintenance
or emergency repair.
[2]
Such maintenance shall be performed to ensure the
upkeep of the facility in order to promote the safety and security
of the Borough's residents.
[3]
All maintenance activities shall utilize nothing
less than the best available technology for preventing failures and
accidents in accordance with the requirements of Electronics Industry
Association and Telecommunications Industry Association (ANSI/TIA-222-E,
as amended).
(m)
Reservation of rights. In accordance with applicable law and
as set forth in more detail in subsequent design and development standards
below, the Borough reserves the right to deny an application for the
construction or placement of any non-tower WCF for numerous factors,
which include but are not limited to, visual impact, design and safety
standards.
(n)
Engineer signature. All plans and drawings for a tower and antenna
shall contain a seal and signature of a professional structural engineer
licensed in the Commonwealth of Pennsylvania.
(o)
Financial security. Prior to receipt of a zoning permit for
the construction or placement of a tower-based WCF, the WCF applicant
shall provide to the Borough financial security sufficient to guarantee
the removal of the tower-based WCF. Said financial security shall
remain in place until the tower-based WCF is removed.
(2)
Regulations Applicable to all non-tower WCF that do not substantially
change the physical dimensions of the wireless support structure to
which they are attached.
(a)
Permit required. WCF applicants proposing the modification of
an existing tower-based WCF shall obtain a zoning permit from the
Borough. In order to be considered for such permit, the WCF applicant
must submit a permit application to the Borough in accordance with
applicable permit policies and procedures.
(b)
Related equipment. Ground-mounted related equipment greater
than three cubic feet shall not be located within 50 feet of a lot
in residential use or zoned residential.
(c)
Permit fees. The Borough may assess appropriate and reasonable
permit fees directly related to the Borough's actual costs in reviewing
and processing the application for approval of a non-tower WCF or
$1,000, whichever is less.
(3)
Regulations applicable to all non-tower wireless communications
facilities that do substantially change the wireless support structure
to which they are attached:
(a)
Permitted in all zoning districts, subject to regulations. Non-tower
WCFs are permitted in all zoning districts, subject to the restrictions
and conditions prescribed below and subject to the prior written approval
of the Borough.
(b)
Prohibited on certain structures. No non-tower WCFs greater
than 10 feet in height shall be located on single-family detached
residences, single-family attached residences, or any residential
accessory structure.
(c)
Permit required. Any WCF applicant proposing the construction
of a new non-tower WCF or the modification of an existing non-tower
WCF shall first obtain a permit from the Borough. New construction
and modifications shall be prohibited without a permit. After receipt
of the permit application, the Borough Zoning Officer shall determine
whether zoning relief is necessary under this chapter.
(d)
Historic buildings (resources). No non-tower WCF may be located
upon any property within 300 feet or on a building or structure that
is listed on either the National or Pennsylvania Registers of Historic
Places, or is eligible to be so listed, or is listed on the official
historic structures and/or historic districts list maintained by the
Borough, or has been designated by the Borough to be of historical
significance.
(e)
Retention of experts. The Borough may hire any consultant(s)
and/or expert(s) necessary to assist in reviewing and evaluating the
application for approval of the WCF and, once approved, in reviewing
and evaluating any potential violations of the terms and conditions
of this chapter. The WCF applicant and/or owner of the WCF shall reimburse
the Borough for all costs of the Borough's consultant(s) in providing
expert evaluation and consultation in connection with these activities.
(f)
Permit fees. The Borough may assess appropriate and reasonable
permit fees directly related to the Borough's actual costs in reviewing
and processing the application for approval of a non-tower WCF, as
well as related inspection, monitoring and related costs.
(4)
Regulations applicable to non-tower WCFs located outside the
public rights-of-way that do substantially change the wireless support
structure to which they are attached.
(a)
Development regulations. If feasible, non-tower WCFs shall be
co-located on existing wireless support structures, such as existing
buildings or tower-based WCFs, subject to the following conditions:
[1]
The total height of any wireless support structure
and mounted WCF shall not exceed the maximum height permitted in the
underlying zoning district, unless the WCF applicant obtains a variance.
[2]
In accordance with industry standards, all non-tower
WCF applicants must submit documentation to the Borough justifying
the total height of the non-tower structure. Such documentation shall
be analyzed in the context of such justification on an individual
basis.
[3]
If the WCF applicant proposes to locate the related
equipment in a separate building, the building shall comply with the
minimum requirements for the applicable zoning district.
[4]
A security fence of not less than six feet and
not more than eight feet shall surround any separate communications
equipment building. Vehicular access to the communications equipment
building shall not interfere with the parking or vehicular circulations
on the site for the principal use.
(b)
Design regulations.
[1]
Non-tower WCFs shall employ stealth technology
and be treated to match the wireless support structure in order to
minimize aesthetic impact. The application of the stealth technology
chosen by the WCF applicant shall be subject to the approval of the
Borough.
[2]
Antennas and their respective accompanying wireless
support structure shall be no greater in diameter in any cross-sectional
dimension than is reasonably necessary for their proper functioning.
[3]
Noncommercial usage exemption. Borough residents
utilizing satellite dishes and antennas for the purpose of maintaining
television, phone, and/or Internet connections at their respective
residences shall be exempt from the design regulations enumerated
in this section of the chapter.
(c)
Removal, replacement, modification.
[1]
The removal and replacement of non-tower WCFs and/or
accessory equipment for the purpose of upgrading or repairing the
WCF is permitted, so long as such repair or upgrade does not increase
the overall size of the WCF or the numbers of antennas.
[2]
Any material modification to a WCF shall require
notice to be provided to the Borough, and possible supplemental permit
approval to the original permit or authorization.
(d)
Inspection. The Borough reserves the right to inspect any WCF
to ensure compliance with the provisions of this chapter and any other
provisions found within the Borough Code or state or federal law.
The Borough and/or its agents shall have the authority to enter the
property upon which a WCF is located at any time, upon reasonable
notice to the operator, to ensure such compliance.
(5)
Additional regulations applicable to all non-tower WCFs located
in the public rights-of-way (ROW).
(a)
Co-location. Non-tower WCFs in the ROW shall be co-located on
existing poles, such as existing utility poles or light poles. If
co-location is not technologically feasible, the WCF applicant shall
locate its non-tower WCFs on existing poles that do not already act
as wireless support structures with the Borough's approval.
(b)
Design requirements:
[1]
WCF installations located above the surface grade
in the public ROW, including but not limited to those on streetlights
and joint utility poles, shall consist of equipment components that
are no more than six feet in height and that are compatible in scale
and proportion to the structures upon which they are mounted. All
equipment shall be the smallest and least visibly intrusive equipment
feasible.
[2]
Antennas and related equipment shall be treated
to match the supporting structure and may be required to be painted
or otherwise coated to be visually compatible with the support structure
upon which they are mounted.
(c)
Time, place and manner. The Borough shall determine the time,
place and manner of construction, maintenance, repair and/or removal
of all non-tower WCFs in the ROW based on public safety, traffic management,
physical burden on the ROW, and related considerations. For public
utilities, the time, place and manner requirements shall be consistent
with the police powers of the Borough and the requirements of the
Public Utility Code.[1]
[1]
Editor's Note: See Title 66 Pa.C.S.A., Public Utilities.
(d)
Equipment location. Non-tower WCFs and related equipment shall
be located so as not to cause any physical or visual obstruction to
pedestrian or vehicular traffic, or to otherwise create safety hazards
to pedestrians and/or motorists, or to otherwise inconvenience public
use of the ROW as determined by the Borough. In addition:
[1]
In no case shall ground-mounted related equipment,
walls or landscaping be located within 18 inches of the face of the
curb or within an easement extending onto a privately-owned lot.
[2]
Ground-mounted related equipment that cannot be
placed underground shall be screened, to the fullest extent possible,
through the use of landscaping or other decorative features to the
satisfaction of the Borough.
[3]
Required electrical meter cabinets shall be screened
to blend in with the surrounding area to the satisfaction of the Borough.
[4]
Any graffiti on any wireless support structures
or any related equipment shall be removed at the sole expense of the
owner within 10 business days of notice of the existence of the graffiti.
[5]
Any proposed underground vault related to non-tower
WCFs shall be reviewed and approved by the Borough.
[6]
No non-tower WCF may be located upon any ROW within
300 feet of, or on a building or structure that is listed on either
the National or Pennsylvania Register of Historic Places, or is eligible
to be so listed, or is listed on the official historic structures
and/or historic districts list maintained by the Borough, or has been
designated by the Borough to be of historical significance.
(e)
Relocation or removal of facilities. Within 60 days following
written notice from the Borough, or such longer period as the Borough
determines is reasonably necessary, or such shorter period in the
case of an emergency, an owner of a WCF in the ROW shall, at its own
expense, temporarily or permanently remove, relocate, change or alter
the position of any WCF when the Borough, consistent with its police
powers and applicable Public Utility Commission regulations, shall
have determined that such removal, relocation, change or alteration
is reasonably necessary under the following circumstances:
[1]
The construction, repair, maintenance or installation
of any Borough or other public improvement in the right-of-way.
[2]
The operations of the Borough or other governmental
entity in the right-of-way.
[3]
Vacation of a street or road or the release of
a utility easement.
[4]
An emergency as determined by the Borough.
C.
General and specific requirements for all tower-based wireless communications
facilities.
(1)
Regulations applicable to all tower-based wireless communications
facilities in the Borough.
(a)
Standard of care. Any tower-based WCF shall be designed, constructed,
operated, maintained, repaired, modified and removed in strict compliance
with all current applicable technical, safety and safety-related codes,
including but not limited to, the most recent editions of the American
National Standards Institute (ANSI) Code, National Electrical Safety
Code, National Electrical Code, as well as the accepted and responsible
workmanlike industry practices of the National Association of Tower
Erectors. Any tower-based WCF shall at all times be kept and maintained
in good condition, order and repair by qualified maintenance and construction
personnel, so that the same shall not endanger the life of any person
or any property in the Borough.
(b)
Notice. Upon submission of an application for a tower-based
WCF and the scheduling of the public hearing upon the application,
the WCF applicant shall mail notice to all owners of every property
within 500 feet of the proposed facility. The WCF applicant shall
provide proof of the notification to the Borough.
(c)
Conditional use authorization required. Tower-based WCFs are
permitted in certain zoning districts by conditional use and only
in such location within such districts and at a height necessary to
satisfy their function in the WCF applicant's wireless communications
system. No WCF applicant shall have the right under these regulations
to erect a tower to the maximum height specified in this section unless
it proves the necessity for such height. The WCF applicant shall demonstrate
that the antenna/tower/pole for the tower-based WCF is the minimum
height necessary for the service area.
[1]
Prior to the Borough Counsel's approval of a conditional
use authorizing the construction and installation of tower-based WCF
in a zoning district where the same is a permitted conditional use,
it shall be incumbent upon the WCF applicant for such conditional
use approval to prove to the reasonable satisfaction of the Council
that the WCF applicant cannot adequately extend or infill its communications
system by the use of equipment such as repeaters, antenna(s) and other
similar equipment installed on existing structures such as utility
poles or their appurtenances and other available tall structures.
The WCF applicant shall further demonstrate that the proposed tower-based
WCF must be located where it is proposed in order to serve the WCF
applicant's service area and that no other viable alternative location
exists.
[2]
The conditional use application shall be accompanied
by a propagation study evidencing the need for the proposed tower
or other communication facilities and equipment, a description of
the type and manufacturer of the proposed transmission/radio equipment,
the frequency range (megahertz band) assigned to the WCF applicant,
the power in watts at which the WCF applicant transmits, and any relevant
related tests conducted by the WCF applicant in determining the need
for the proposed site and installation.
[3]
The conditional use application shall also be accompanied
by documentation demonstrating that the proposed tower-based WCF complies
with all state and federal laws and regulations concerning aviation
safety.
[4]
Where the tower-based WCF is located on a property
with another principal use, the WCF applicant shall present documentation
to Borough Council that the owner of the property has granted an easement
for the proposed WCF and that vehicular access will be provided to
the facility.
(d)
Engineer inspection. Prior to the Borough's issuance of a zoning
permit authorizing construction and erection of a tower-based WCF,
a structural engineer registered in Pennsylvania shall issue to the
Borough a written certification of the proposed WCF's ability to meet
the structural standards offered by either the Electronic Industries
Association or the Telecommunication Industry Association and certify
the proper construction of the foundation and the erection of the
structure.
(e)
Visual appearance and land use compatibility. Tower-based WCFs
shall employ stealth technology, which may include the tower portion
to be painted silver or another color approved by Borough Council
or have a galvanized finish. All tower-based WCFs and related equipment
shall be aesthetically and architecturally compatible with the surrounding
environment and shall maximize the use of a like facade to blend with
the existing surroundings and neighboring buildings to the greatest
extent possible. Borough Council shall consider whether its decision
will promote the harmonious and orderly development of the zoning
district involved; encourage compatibility with the character and
type of development existing in the area; benefit neighboring properties
by preventing a negative impact on the aesthetic character of the
community; preserve woodlands and trees existing at the site to the
greatest possible extent; and encourage sound engineering and land
development design and construction principles, practices and techniques.
(f)
Co-location and siting. An application for a new tower-based
WCF shall not be approved unless Borough Council finds that the wireless
communications equipment planned for the proposed tower-based WCF
cannot be accommodated on an existing or approved structure or building
or on Borough property. Borough Council may deny an application to
construct a new tower-based WCF if the WCF applicant has not made
a good faith effort to mount the commercial communications antenna(s)
on an existing structure as set forth in this section. The WCF applicant
shall demonstrate that it contacted the owners of tall structures,
buildings, and towers within a 1/4-mile radius of the site proposed,
sought permission to install an antenna on those structures, buildings
and towers, and was denied for one of the following reasons:
[1]
The proposed antenna and related equipment would
exceed the structural capacity of the existing building, structure
or tower, and its reinforcement cannot be accomplished at a reasonable
cost.
[2]
The proposed antenna and related equipment would
cause radio frequency interference with other existing equipment for
that existing building, structure or tower, and the interference cannot
be prevented at a reasonable cost.
[3]
Such existing buildings, structures or towers do
not have adequate location, space, access or height to accommodate
the proposed equipment or to allow it to perform its intended function.
[4]
A commercially reasonable agreement could not be
reached with the owner of such building, structure or tower.
(g)
Permit required for modifications. To the extent permissible
under applicable state and federal law, any WCF applicant proposing
the modification of an existing tower-based WCF which increases the
overall height of such WCF shall first obtain a permit from the Borough.
Nonroutine modifications shall be prohibited without a permit.
(h)
Gap in coverage. A WCF applicant for a tower-based WCF must
demonstrate that a significant gap in wireless coverage exists with
respect to all wireless operators in the applicable area and that
the type of WCF being proposed is the least intrusive means by which
to fill that gap in wireless coverage. The existence or nonexistence
of a gap in wireless coverage shall be a factor in the Borough's decision
on an application for approval of tower-based WCFs.
(i)
Additional antennas. As a condition of approval for all tower-based
WCFs, the WCF applicant shall provide the Borough with a written commitment
that it will allow other service providers to co-locate antennas on
tower-based WCFs where technically and economically feasible. The
owner of a tower-based WCF shall not install any additional antennas
without obtaining the prior written approval of the Borough.
(j)
Wind. Any tower-based WCF structures shall be designed to withstand
the effects of wind according to the standard established by the American
National Standards Institute, as prepared by the engineering departments
of the Electronics Industry Association and Telecommunications Industry
Association (ANSI/TIA-222-E, as amended).
(k)
Site plan. A full site plan shall be required for all tower-based
WCFs, showing all existing and proposed structures and improvements
for a minimum of 500 feet from the tower-based WCF, including but
not limited to antenna and related support structures, building, fencing,
buffering and ingress and egress.
(l)
Height. Any tower-based WCF shall be designed at the minimum
functional height. All tower-based WCF applicants must submit documentation
to the Borough justifying the total height of the structure. The maximum
total height of a tower-based WCF which is not located in the public
ROW shall not exceed 120 feet, as measured vertically from the ground
level to the highest point on the structure, including antennas and
subsequent alterations. Should the WCF applicant prove that another
provider of wireless communications services has agreed to co-locate
antennas on the WCF applicant's tower-based WCF and requires a greater
tower height to provide satisfactory service for wireless communications
than is required by the WCF applicant, the total height of such tower-based
WCF shall not exceed 150 feet, unless the WCF applicant secures a
variance from the Zoning Hearing Board, which may be given at the
Board's sole discretion.
(m)
Related equipment. Either one single-story wireless communications
equipment building not exceeding 500 square feet in area or up to
five metal boxes placed on a concrete pad not exceeding 10 feet by
20 feet in area housing the receiving and transmitting equipment may
be located on the site for each unrelated company sharing commercial
communications antenna(s) space on the tower-based wireless communications
facility.
(n)
Public safety communications. No tower-based WCF shall interfere
with public safety communications or the reception of broadband, television,
radio or other communication services enjoyed by occupants of nearby
properties.
(o)
Maintenance. The following maintenance requirements shall apply:
Any tower-based WCF shall be fully automated and unattended on a daily
basis and shall be visited only for maintenance or emergency repair.
Such maintenance shall be performed to ensure the upkeep of the facility
in order to promote the safety and security of the Borough's residents,
and utilize the best available technology for preventing failures
and accidents in accordance with the requirements of Electronics Industry
Association and Telecommunications Industry Association (ANSI/TIA-222-E,
as amended).
(p)
Radio frequency emissions. No tower-based WCF may, by itself
or in conjunction with other WCFs, generate radio frequency emissions
in excess of the standards and regulations of the FCC, including but
not limited to the FCC Office of Engineering Technology Bulletin 65
entitled "Evaluating Compliance with FCC Guidelines for Human Exposure
to Radio Frequency Electromagnetic Fields," as amended.
(q)
Historic buildings or districts. Tower-based WCF shall not be
located upon a property within 300 feet of or on a building or structure
that is listed on either the National or Pennsylvania Register of
Historic Places, or eligible to be so listed, or is included in the
official historic structures and/or historic districts list maintained
by the Borough.
(r)
Signs. All tower-based WCFs shall post a sign in a readily visible
location identifying the name and phone number of a party to contact
in the event of an emergency. The only other signage permitted on
the WCF shall be those required by the FCC or any other federal or
state agency.
(s)
Lighting. No tower-based WCF shall be artificially lighted,
except as required by law. If lighting is required, the WCF applicant
shall provide a detailed plan for sufficient lighting, demonstrating
as unobtrusive and inoffensive an effect as is permissible under state
and federal regulations. The WCF applicant shall promptly report any
outage or malfunction of FAA-mandated lighting to the appropriate
governmental authorities and to the Borough Secretary.
(t)
Noise. Tower-based WCFs shall be operated and maintained so
as not to produce noise in excess of applicable noise standards under
state law and the Borough Code, except in emergency situations requiring
the use of a backup generator, where such noise standards may be exceeded
on a temporary basis only.
(u)
Aviation safety. Tower-based WCFs shall comply with all federal
and state laws and regulations concerning aviation safety.
(v)
Retention of experts. The Borough may hire any consultant(s)
and/or expert(s) necessary to assist the Borough in reviewing and
evaluating the application for approval of the tower-based WCF and,
once approved, in reviewing and evaluating any potential violations
of the terms and conditions of this chapter. The WCF applicant and/or
owner of the WCF shall reimburse the Borough for all costs of the
Borough's consultant(s) in providing expert evaluation and consultation
in connection with these activities.
(w)
Timing of approval. Within 30 calendar days of the date that
an application for a tower-based WCF is filed with the Borough, the
Borough shall notify the WCF applicant in writing of any information
that may be required to complete such application. All applications
for tower-based WCFs shall be acted upon within 150 days of the receipt
of a fully completed application for the approval of such tower-based
WCF, and the Borough shall advise the WCF applicant in writing of
its decision. If additional information was requested by the Borough
to complete an application, the time required by the WCF applicant
to provide the information shall not be counted toward the 150-day
review period.
(x)
Nonconforming uses. Nonconforming tower-based WCFs which are
hereafter damaged or destroyed due to any reason or cause may be repaired
and restored at their former location but must otherwise comply with
the terms and conditions of this chapter.
(y)
Removal. In the event that use of a tower-based WCF is planned
to be discontinued, the owner shall provide written notice to the
Borough of its intent to discontinue use and the date when the use
shall be discontinued. Unused or abandoned WCFs or portions of WCFs
shall be removed as follows:
[1]
All unused or abandoned tower-based WCFs and accessory
facilities shall be removed within six months of the cessation of
operations at the site unless a time extension is approved by the
Borough.
[2]
If the WCF and/or accessory facility is not removed
within six months of the cessation of operations at a site or within
any longer period approved by the Borough, the WCF and accessory facilities
and equipment may be removed by the Borough and the cost of removal
assessed against the owner of the WCF.
[3]
Any unused portions of tower-based WCFs, including
antennas, shall be removed within six months of the time of cessation
of operations. The Borough must approve all replacements of portions
of a tower-based WCF previously removed.
(z)
Permit fees. The Borough may assess appropriate and reasonable
permit fees directly related to the Borough's actual costs in reviewing
and processing the application for approval of a tower-based WCF,
as well as related inspection, monitoring, and related costs.
(aa)
FCC license. Each person that owns or operates a tower-based
WCF shall submit a copy of its current FCC license, including the
name, address and emergency telephone number for the operator of the
facility.
(bb)
Reservation of rights. In accordance with applicable law, the
Borough reserves the right to deny an application for the construction
or placement of any tower-based WCF for numerous factors, including
but not limited to visual impact, design, and safety standards.
(cc)
Insurance. Each person that owns or operates a tower-based WCF
greater than 40 feet in height shall provide the Borough with a certificate
of insurance evidencing general liability coverage in the minimum
amount of $5,000,000 per occurrence and property damage coverage in
the minimum amount of $5,000,000 per occurrence covering the tower-based
WCF. Each person that owns or operates a tower-based WCF 40 feet or
less in height shall provide the Borough with a certificate of insurance
evidencing general liability coverage in the minimum amount of $1,000,000
per occurrence and property damage coverage in the minimum amount
of $1,000,000 per occurrence covering each tower-based WCF.
(dd)
Indemnification. Each person that owns or operates a tower-based
WCF shall, at its sole cost and expense, indemnify, defend and hold
harmless the Borough, its elected and appointed officials, employees
and agents at all times against any and all claims for personal injury,
including death, and property damage arising in whole or in part from,
caused by or connected with any act or omission of the person, its
officers, agents, employees or contractors arising out of, but not
limited to, the construction, installation, operation, maintenance
or removal of the tower-based WCF.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(ee)
Tower-based WCF. Each person that owns or operates a tower-based
WCF shall defend any actions or proceedings against the Borough in
which it is claimed that personal injury, including death, or property
damage was caused by the construction, installation, operation, maintenance
or removal of tower-based WCF. The obligation to indemnify, hold harmless
and defend shall include, but not be limited to, the obligation to
pay judgments, injuries, liabilities, damages, reasonable attorneys'
fees, reasonable expert fees, court costs and all other costs of indemnification.
(ff)
Engineer signature. All plans and drawings for a tower and antenna
shall contain a seal and signature of a professional structural engineer
licensed in the Commonwealth of Pennsylvania.
(gg)
Financial security. Prior to receipt of a zoning permit for
the construction or placement of a tower-based WCF, the WCF applicant
shall provide to the Borough financial security sufficient to guarantee
the removal of the tower-based WCF. Said financial security shall
remain in place until the tower-based WCF is removed.
(2)
Regulations applicable to tower-based wireless communications
facilities located outside the public rights-of-way:
(a)
Development regulations.
[1]
Location. No tower-based WCF shall be located in
an area in which utilities are primarily located underground, except
as permitted by this section of the chapter.
[a]
The following regulations shall apply to tower-based
WCFs greater than 40 feet in height:
[2]
Sole use on a lot. A tower-based WCF shall be permitted
as a sole use on a lot, provided that the underlying lot is a minimum
of 6,000 square feet. The lot shall meet the minimum lot area of the
district in which it is located. The minimum distance between the
base of a tower-based WCF and any adjoining property line or street
right-of-way line shall equal 110% of the proposed height of the tower-based
WCF unless it is demonstrated to the reasonable satisfaction of the
Borough Council that in the event of failure the WCF is designed to
collapse upon itself within a setback area less than the required
minimum setback without endangering such adjoining property line uses
and their occupants or street right-of-way-line pedestrians and traffic.
(b)
Combined with another use. A tower-based WCF may be permitted
on a property with an existing use or on a vacant parcel in combination
with another use, except residential, subject to the following conditions:
[1]
The existing use on the property may be any permitted
use in the applicable district and need not be affiliated with the
WCF.
[2]
Minimum lot area. The minimum lot shall comply
with the requirements for the applicable district and shall be the
area needed to accommodate the tower-based WCF and guy wires, the
equipment building, security fence, and buffer or screen planting,
if the proposed WCF is greater than 40 feet in height.
[3]
Minimum setbacks. The minimum distance between
the base of a tower-based WCF and any adjoining property line or street
right-of way line shall equal 110% of the proposed height of the tower-based
WCF unless it is demonstrated to the reasonable satisfaction of the
Borough Council that, in the event of failure, the WCF is designed
to collapse upon itself within a setback area less than the required
minimum setback without endangering such adjoining property line uses
and their occupants, or street right-of-way-line pedestrians and traffic.
(c)
Design regulations:
[1]
The WCF shall employ the most current stealth technology
available in an effort to appropriately blend into the surrounding
environment and minimize aesthetic impact. Application of the stealth
technology chosen by the WCF applicant shall be subject to the approval
of the Borough.
[2]
To the extent permissible by law, any height extensions
to an existing tower-based WCF shall require prior approval of the
Borough.
[3]
Any proposed tower-based WCF shall be designed
structurally, electrically and in all respects to accommodate both
the WCF applicant's antennas and comparable antennas for future users.
[4]
Any tower-based WCF over 40 feet in height shall
be equipped with an anti-climbing device, as approved by the manufacturer.
(d)
Surrounding environs:
[1]
The WCF applicant shall ensure that the existing
vegetation, trees and shrubs located within proximity to the WCF structure
shall be preserved to the maximum extent possible.
[2]
The WCF applicant shall submit a soil report to
the Borough complying with the standards of Appendix I: Geotechnical
Investigations, ANSI/TIA-222-E, as amended, to document and verify
the design specifications of the foundation of the tower-based WCF
and anchors for guy wires, if used.
(e)
Fence/screen:
[1]
A security fence having a minimum height of six
feet and a maximum height of eight feet shall completely surround
any tower-based WCF greater than 40 feet in height, as well as guy
wires, or any building housing WCF equipment.
[2]
Landscaping. Landscaping shall be required to screen
as much of a newly constructed tower-based WCF as possible. The Borough
Council may permit any combination of existing vegetation, topography,
walls, decorative fences or other features instead of landscaping
if, in the discretion of the Council, it achieves the same degree
of screening. Existing vegetation shall be preserved to the maximum
extent possible.
(f)
Accessory equipment:
[1]
Ground-mounted related equipment associated to,
or connected with, a tower-based WCF shall be placed underground or
screened from public view using stealth technologies, as described
above.
[2]
All related equipment, utility buildings and accessory
structures shall be architecturally designed to blend into the environment
in which they are situated and shall meet the minimum setback requirements
of the underlying zoning district.
(g)
Access road. An access road, turnaround space and parking shall
be provided to ensure adequate emergency and service access to tower-based
WCF. Maximum use of existing roads, whether public or private, shall
be made to the extent practicable. Road construction shall at all
times minimize ground disturbance and the cutting of vegetation. Road
grades shall closely follow natural contours to assure minimal visual
disturbance and minimize soil erosion. Where applicable, the WCF owner
shall present documentation to the Borough that the property owner
has granted an easement for the proposed facility.
(h)
Parking. For each tower-based WCF greater than 40 feet in height,
there shall be two off-street parking spaces.
(i)
Inspection. The Borough reserves the right to inspect any tower-based
WCF to ensure compliance with this chapter and any other provisions
found within the Borough or state or federal law. The Borough and/or
its agents shall have the authority to enter the property upon which
a WCF is located at any time, upon reasonable notice to the operator,
to ensure such compliance.
(3)
Regulations applicable to tower-based wireless communications
facilities located in the public rights-of-way:
(a)
Location and development standards.
[1]
Such tower-based WCFs shall not be located in underground
utility areas and shall not be located within the front facade zone
of any structure.
[2]
No tower WCF may be located upon any right-of-way
within 300 feet of or on a building or structure that is listed on
either the National or Pennsylvania Register of Historic Places, or
is eligible to be so listed, or is listed on the official historic
structures and/or historic districts list maintained by the Borough,
or has been designated by the Borough to be of historical significance.
(b)
Time, place and manner. The Borough shall determine the time,
place and manner of construction, maintenance, repair and/or removal
of all tower-based WCFs in the ROW based on public safety, traffic
management, physical burden on the ROW, and related considerations.
For public utilities, the time, place and manner requirements shall
be consistent with the police powers of the Borough and the requirements
of the Public Utility Code.
(c)
Equipment location. tower-based WCFs and related equipment shall
be located so as not to cause any physical or visual obstruction to
pedestrian or vehicular traffic, or to otherwise create safety hazards
to pedestrians and/or motorists, or to otherwise inconvenience public
use of the ROW, as determined by the Borough. In addition:
[1]
In no case shall ground-mounted equipment, walls
or landscaping be located within 18 inches of the face of the curb.
[2]
Ground-mounted equipment that cannot be placed
underground shall be screened, to the fullest extent possible, through
the use of landscaping or other decorative features to the satisfaction
of the Borough.
[3]
Required electrical meter cabinets shall be screened
to blend in with the surrounding area to the satisfaction of the Borough.
[4]
Any graffiti on the tower or on any related equipment
shall be removed at the sole expense of the owner within 10 business
days of notice of the existence of the graffiti.
[5]
Any underground vaults related to tower-based WCFs
shall be reviewed and approved by the Borough.
(d)
Design regulations.
[1]
The WCF shall employ the most current stealth technology
available in an effort to appropriately blend into the surrounding
environment and minimize aesthetic impact. The application of the
stealth technology chosen by the WCF applicant shall be subject to
the approval of the Borough.
[2]
Tower-based WCFs in the public ROW shall not exceed
40 feet in height.
[3]
To the extent permissible under state and federal
law, any height extensions to an existing tower-based WCF shall require
prior approval of the Borough and shall not increase the overall height
of the tower-based WCF to more than 40 feet.
[4]
Any proposed tower-based WCF shall be designed
structurally, electrically and in all respects to accommodate both
the WCF applicant's antennas and comparable antennas for future users.
(e)
Relocation or removal of facilities. Within 60 days following
written notice from the Borough, or such longer period as the Borough
determines is reasonably necessary, or such shorter period in the
case of an emergency, an owner of tower-based WCF in the ROW shall,
at its own expense, temporarily or permanently remove, relocate, change
or alter the position of any WCF when the Borough, consistent with
its police powers and applicable Public Utility Commission regulations,
shall determine that such removal, relocation, change or alteration
is reasonably necessary under the following circumstances:
[1]
The construction, repair, maintenance or installation
of any Borough or other public improvement in the right-of-way.
[2]
The operations of the Borough or other governmental
entity in the right-of-way.
[3]
Vacation of a street or road or the release of
a utility easement.
[4]
An emergency, as determined by the Borough.
D.
General and specific regulations for wireless communications facilities
upon municipal use land or public land.
(1)
Tower-based WCF may be permitted upon public lands owned by
the Borough, regardless of the underlying zoning districts, when approved
by conditional use pursuant to the conditional use procedures and
standards as provided in the sections above governing tower-based
WCF approvals, and subject to the following additional criteria:
(a)
Where a previously approved tower-based WCF is located upon
public land owned by the Borough, antenna(s) of providers other than
the entity owning the tower may co-locate on the tower, if the proposed
co-location meets all of the requirements set forth in the Pennsylvania
Wireless Broadband Collocation Act, 53 P.S. § 11702.1.
(b)
When required by Borough Council, the tower-based WCF shall
be architecturally screened and landscaped to simulate other structures
existing in the Borough, such as light poles, flagpoles, drum silos
or trees (stealth features), and shall be painted one or more colors
(blue, green or remain galvanized), as directed by Borough Council.
(c)
The location of the tower-based WCF within the public land owned
by the Borough shall be at the absolute discretion of Borough Council
should it grant the conditional use application and shall be an express
condition thereof
(d)
The Borough may enter into separate agreements and fee arrangements
with tower-based WCF applicants beyond those permit fees and reimbursement
costs set forth in previous sections of this chapter.
(2)
Non-tower WCF may also be permitted upon public lands owned
by the Borough, regardless of the underlying zoning district, subject
to those regulations and restrictions as set forth in the preceding
sections governing all non-tower WCF, and subject to the following
additional criteria:
(a)
Borough Council at its discretion can modify certain standards
and regulations to allow a reasonable use of Borough-owned property
to accommodate non-tower WCF.
(b)
Where a previously approved tower-based WCF or other wireless
support structure is located upon public land owned by the Borough,
antenna(s) of providers other than the entity owning the tower may
co-locate on the wireless support structure, if the proposed co-location
meets all of the requirements set forth in the Pennsylvania Wireless
Broadband Collocation Act, 53 P.S. § 11702.1.
(c)
Subject to applicable law, the location of the non-tower WCF
within the public land owned by the Borough shall be at the absolute
discretion of the Borough.
(d)
The Borough may enter into separate agreements and fee arrangements
with non-tower-based WCF applicants beyond those permit fees and reimbursement
costs set forth in previous sections of this chapter.
