Borough of Etna, PA Article V Performance Standards and Supplementary Regulations

§ 615-20 Performance standards.

A. Compliance required.

(1) All uses must comply with the requirements of this chapter, and the landowner and/or developer must demonstrate that a proposed use can comply with the standards below prior to Etna Borough issuing approval and operation commencing on the lot. Compliance must be determined by the Zoning Officer with respect to permitted uses, by the Zoning Hearing Board with respect to special exceptions, and by the Borough Council with respect to conditional uses.

In order to determine whether a proposed use will conform to the requirements of this article, Etna Borough may obtain a qualified consultant's report, whose cost for services will be borne by the applicant.

(2) All uses that require new facilities or expansion of existing facilities, such as sewers, storm drains, fire hydrants, potable water, public streets, street lighting and similar services, will obtain such approval as required by the agency providing such service prior to project approval. No availability of essential services is permitted to be grounds for denying permits for additional development until such services are available. Etna Borough is not obligated to extend or supply essential services if capacity is not available. If capacity is available, the extension of services will be by and at the cost of the landowner and/or developer, unless Etna Borough agrees otherwise.

All service extensions are to be designed and installed in full conformance with Etna Borough's standards for such service, and be subject to review, permit and inspection as required by other policies or ordinances of Etna Borough.

B. Fire protection. Fire-protection and firefighting equipment, procedures and safety protocols acceptable to the National Fire Protection Association must be readily available and followed where there is any activity involving the handling or storage of flammable or explosive material. All other portions of the Borough Code relevant to fire protection shall also be applicable.

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

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

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

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

§ 615-21 Supplementary regulations.

A. Drainage facilities and floodplains. The provisions of Chapter 518 of this Code (Borough Ordinance 1378), related to stormwater, and Chapter 300 of this Code (Borough Ordinance 1353), related to floodplains, are applicable to matters of zoning within the Borough.

B. Solar collectors and solar-related equipment.

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

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

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

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

(2) Applicability.

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

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

(c) Any upgrade, modification or structural change that materially alters the size or placement of an existing solar PV system shall comply with the provisions of this chapter.

(3) Permitted zoning districts.

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

(b) Building-integrated systems are not considered an accessory use and are not subject to the requirements of this chapter.

(4) Location within a lot.

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

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

Permitted Location: Building-Mounted Solar PV System Isometric

(5) Design and installation standards.

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

(b) All wiring must comply with the National Electrical Code, most recent edition, as amended and adopted by the Commonwealth of Pennsylvania. For ground-mounted systems, all exterior electrical lines must be buried below the surface of the ground where possible or be placed in conduit.

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

(6) Setback requirements.

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

(7) Height restrictions.

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

[1] For a building-mounted system installed on a sloped roof that faces the front yard of a lot, the system must be installed at the same angle as the roof on which it is installed with a maximum distance, measured perpendicular to the roof, of 18 inches between the roof and highest edge or surface of the system.

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

[2] For a building-mounted system installed on a sloped roof, the highest point of the system shall not exceed the highest point of the roof to which it is attached.

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

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

[1] For a building-mounted system installed on a flat roof, the highest point of the system shall be permitted to extend up to six feet above the roof to which it is attached.

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

[2] Ground-mounted systems may not exceed the permitted height of accessory structures in the zoning district where the solar PV system is to be installed.

Height Restriction: Ground-Mounted Solar PV System Elevation

(8) Screening and visibility.

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

(b) Building-mounted systems mounted on a flat roof shall not be visible from the public right-of-way within a fifty-foot radius of the lot, exclusive of an alley as defined by this chapter, at a level of five feet from the ground in a similar manner as to any other rooftop HVAC or mechanical equipment. This can be accomplished with architectural screening, such as a building parapet or by setting the system back from the roof edge in such a manner that the solar PV system is not visible from the public right-of-way within a fifty-foot radius when measured at a distance of five feet from the ground.

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

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

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

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

(9) Impervious lot coverage restrictions.

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

(10) Nonconformance.

(a) Building-mounted systems:

[1] If a building-mounted system is to be installed on any building or structure that is nonconforming because its height violates the height restrictions of the zoning district in which it is located, the building-mounted system shall be permitted so long as the building-mounted system does not extend above the peak or highest point of the roof to which it is mounted and so long as it complies with the other provisions of this chapter.

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

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

[2] If a building-mounted system is to be installed on a building or structure on a nonconforming lot that does not meet the minimum setbacks required and/or exceeds the lot coverage limits for the zoning district in which it is located, a building-mounted system shall be permitted so long as there is no expansion of any setback or lot coverage nonconformity and so long as it complies with the other provisions of this chapter.

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

(b) Ground-mounted systems. If a ground-mounted system is to be installed on a lot containing a structure that is nonconforming because the required minimum setbacks are exceeded, the proposed system shall be permitted so long as the system does not encroach into the established setback for the lot. If a ground-mounted system is to be installed on a lot that is nonconforming because it violates zoning district requirements other than setbacks, then a variance must be obtained for the proposed installation.

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

(11) Signage and/or graphic content.

(a) No signage or graphic content may be displayed on the solar PV system except the manufacturer's badge, safety information and equipment specification information. Said information shall be depicted within an area no more than 36 square inches in size.

(12) Performance requirements.

(a) All solar PV systems are subject to compliance with applicable performance standards detailed elsewhere in the chapter.

(13) Inspection, safety and removal.

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

(b) If upon inspection the Borough determines that a fire code or building code violation exists, or that the system otherwise poses a safety hazard to persons or property, the Borough may order the lot owner to repair or remove the system within a reasonable time. Such an order shall be in writing, shall offer the option to repair, shall specify the code violation or safety hazard found, and shall notify the lot owner of his or her right to appeal such determination.

(c) If a lot owner fails to repair or remove a solar PV system as ordered, and any appeal rights have been exhausted, the Borough may enter the lot, remove the system and charge the lot owner and or facility owner and operator for all costs and expenses of removal, including reasonable attorneys' fees or pursue other legal action to have the system removed at the lot owner's expense.

(d) In addition to any other available remedies, any unpaid costs resulting from the Borough's removal of a vacated, abandoned or decommissioned solar PV system shall constitute a lien upon the lot against which the costs were charged. Legal counsel of the Borough shall institute appropriate action for the recovery of such cost, plus attorneys' fees, including but not limited to filing of municipal claims pursuant to 53 P.S. § 7107 et seq., for the cost of such work, 6% interest per annum, plus a penalty of 5% of the amount due plus attorneys' fees and costs incurred by the Borough in connection with the removal work and the filing of the municipal claim.

(14) Permit requirements.

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

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

(1) Temporary construction trailers or sheds are permitted only during the period that the construction work is in progress. A permit for the temporary structure must be obtained from the Zoning Officer prior to the commencement of construction and must be renewed every six months.

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

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

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

(5) No combustible materials can be stored in temporary construction trailers or sheds.

D. Height exceptions.

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

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

E. No more than one dwelling unit shall be permitted on a lot.

F. In instances where a building constructed prior to the passing of this chapter straddles multiple lots or an alley, the landowner and/or developer is responsible for verifying with the Borough that no easements or rights-of-way exist.

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

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

G. Fences and walls.

(1) Within residential districts, residential fences and enclosure walls may be erected, provided:

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

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

(c) No fence higher than four feet shall be erected between the front facade of the principal structure and the street line.

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

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

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

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

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

H. Parking and driveways.

(1) Parking and loading. To encourage vehicular circulation and avoid congestion on public streets, unless precluded by topography, there shall be provided, for a lot measuring 2,500 square feet or greater in area, at the time of the erection or increase by units or dimensions of any building or structure or at the time of creation or change of any use not involving a building or structure, minimum off-street motor vehicle parking spaces plus adequate space for ingress, egress and general vehicular circulation. Minimum off-street parking and other such provisions shall be provided as follows. If the minimums cannot be met, the applicant may apply for a conditional use related to development, subject to Borough review and determination.

(a) For one- and two-family dwellings, one off-street parking space for each family dwelling unit. As single- and two-family dwellings, no vehicle parking shall be allowed in front yard areas or side yard areas except in an improved driveway on the interior side of the front lot line.

(b) For any other type of land use that is residential, one parking space for each family dwelling unit, plus one additional parking space for every two dwelling units.

(c) For nonresidential uses in the C2 District, parking shall not exceed one parking space per 300 square feet of development or one space for each four seats within an establishment serving food and/or beverages or one seat for each four seats within the main congregational space of a place of worship, as applicable.

(d) For nonresidential uses in the I District, parking shall not exceed one parking space per 500 square feet or one space per peak-hour employee, whichever is greater.

(e) For any and all other uses, buildings or structures not specifically provided for, other than those in the C1 District, one parking space for every 300 square feet of floor area or one space for each four seats within an establishment serving food and/or beverages or one space for each four seats within the main congregational space of a place of worship/place of assembly, as applicable.

(2) Parking area permeable paving.

(a) The Borough desires to reduce the impacts of stormwater runoff and to improve local water quality by reducing untreated stormwater. The landowner of any required parking area other than that of a one- or two-family dwelling shall:

[1] Provide a minimum of 20% permeable surfaces.

[2] Coordinate permeable surfaces of grading so that stormwater can infiltrate the surface in areas with less than 5% slope.

(3) Driveways.

(a) All private garages, carports and all off-street parking enclosed within a principal building must be connected directly to a public street or a public alley by a private driveway. Where there are multiple off-street parking spaces in a private garage, carport or enclosed within the principal building, the driveway may be widened to access said parking spaces.

(b) The entire flare of any return radius on a driveway must fall within the right-of-way.

I. Utilities.

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

(2) Utility connections such as gas meters, electric meters, phone and cable must be located so as to minimize their visibility from the street.

J. Drive-through facility.

(1) The site shall be in the C2 or I District and have frontage on and direct vehicular access to an arterial or collector street as delineated by Etna Borough.

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

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

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

K. Dumpsters and dumpster enclosures.

(1) Dumpsters existing as of the effective date of this chapter and dumpsters constructed subsequent to the effective date of this chapter shall comply with the following:

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

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

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

(2) Businesses shall be encouraged to share dumpsters.

L. General landscaping.

(1) One landscaped island for every 10 parking spaces must be provided within all nonresidential, apartment and hi-rise residential parking areas. All landscaped islands shall contain one tree a minimum of two inches diameter at breast height (dbh); one tree per residential unit or one tree per 1,000 square feet of development in the C2 District and Riverfront Overlay is required on a lot.

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

(a) All Borough required buffer yards with proposed plantings.

(b) All Borough required planting independent of any buffer yard requirements.

(c) Any planting in excess of the requirements of this chapter.

(d) Any existing trees or vegetation which are to be preserved.

(e) Any existing trees or vegetation which will be removed.

(f) The location and species of all existing trees six inches in dbh. Applicants are encouraged to maximize the retention of all healthy existing trees six inches or more in dbh.

M. Outdoor storage.

(1) The Borough aims to provide a safe and healthy environment to its residents and businesses.

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

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

(b) Unburied dead animals.

(c) Accumulation of water causing mosquito or other vector breeding or proliferation.

(d) Rodent or insect infestation.

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

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

(g) Fuel sources and fire hazards stored freely out of doors.

(h) Furniture typically intended/constructed for indoor use stored out of doors.

(i) Inoperable appliances, vehicles and equipment.

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

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

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

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

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

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

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

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

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

(9) If the written notice is undeliverable, or if after receipt of the written notice, the landowner, occupant of the land or other person responsible fails to abate, correct or eliminate the health or safety menace, the Borough may request Borough representatives to take reasonable steps to abate, correct or eliminate the health or safety menace, whether the land or premises are occupied or vacant. If the landowner, occupant of the land or other person responsible denies free access for such purposes, the Borough may proceed after obtaining the applicable legal authorization.

(10) Costs and expenses incurred by the Borough in abating, correcting or eliminating a health or safety menace on private property shall be assessed against the owner and/or occupant of the land or premises and/or any other person responsible for the health or safety menace, and shall be recoverable from the owner in the same way as taxes and levies. Costs and expenses incurred by the Borough in abating, correcting or eliminating a health or safety menace on public property shall be recoverable from the person or persons responsible for causing the health or safety menace.

N. Wireless communications facilities.

(1) Purpose. The purpose of these provisions is to establish uniform standards for the siting, design, permitting, maintenance, and use of wireless communications facilities in Etna 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. The final authority on the regulation of wireless communication facilities are under the jurisdiction of the Federal Telecommunications Act and related regulations adopted by the Commonwealth of Pennsylvania. Zoning regulations on this use are permitted to protect the public, health, safety and welfare, unless specifically excluded by federal and state acts. By enacting this chapter, the Borough intends to:

(a) 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.

(b) 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.

(c) Address new wireless technologies, including but not limited to, distributed antenna systems, data collection units, cable wi-fi and other wireless communications facilities.

(d) Encourage applicant to seek joint use of existing wireless communications facilities and other tall structures.

(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) Promote the health, safety and welfare of the Borough's residents.

(2) General requirements for all non-tower wireless communications facilities.

(a) The following regulations shall apply to all non-tower wireless communications facilities located within the Borough:

[1] Accessory use to existing electrical transmission structures and utility poles. Non-tower WCFs shall be considered to be an accessory use to existing electrical transmission structures and utility poles, when affixed to such transmission structures, and shall be permitted in all zoning districts in the Borough.

[2] 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.

[3] 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/EIA/TIA-222, as amended).

[4] Aviation safety. Non-tower WCFs shall comply with all federal and state laws and regulations concerning aviation safety.

[5] 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.

[6] 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.

[7] Removal. In the event that use of a non-tower WCF is discontinued, the owner shall provide written notice within 90 days 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:

[a] All abandoned or unused WCFs and accessory facilities shall be removed within two months of the cessation of operations at the site unless a time extension is approved by the Borough.

[b] If the WCF or accessory facility is not removed within two months of the cessation of operations at a site, or within any longer period approved by the Borough, the WCF and/or associated facilities and equipment may be removed by the Borough, and the cost of removal assessed against the owner of the WCF.

[8] 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 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 applicant in writing of such decision. If additional information was requested by the Borough to complete an application, the time required by the applicant to provide the information shall not be counted toward the Borough's review period. This timing of approval shall not apply to any non-tower WCF required to proceed through conditional use approval.

[9] 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.

[10] 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.

[11] Maintenance. To the extent permitted by law, the following maintenance requirements shall apply:

[a] The non-tower WCF shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.

[b] Such maintenance shall be performed to ensure the upkeep of the facility in order to promote the safety and security of the Borough's residents.

[c] All maintenance activities shall utilize nothing less than the best available technology for preventing failures and accidents.

(b) In addition to the regulations of Subsection N(2)(a), the following regulations shall apply to all non-tower WCFs that do not substantially change the physical dimensions of the wireless support structure to which they are attached:

[1] Permit required. Applicants proposing the modification of an existing tower-based WCF, in order to accommodate a non-tower WCF applicant, shall obtain the applicable permit from the Borough Zoning Office. In order to be considered for such permit, the WCF applicant must submit a permit application to the Borough Zoning Official in accordance with applicable permit policies and procedures.

[2] Related equipment. Ground-mounted related equipment greater than three cubic feet shall not be located within 25 feet of a lot in residential use or zoned residential.

[3] 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.

(c) In addition to the regulations in Subsection N(2)(b), the following additional regulations shall apply to all non-tower wireless communications facilities that do substantially change the wireless support structure to which they are attached:

[1] Prohibited on certain structures. Non-tower WCFs shall not be located on single-family detached residences, single-family attached residences, or any residential accessory structure.

[2] Conditional use authorization. When the Pennsylvania Wireless Broadband Collocation Act does not apply to the proposed siting of a new non-tower WCF application, the approval process for such application shall be conditional use. When a conditional use application is required, the regulations set forth in this section shall apply to the facility, dependent upon its proposed location. New construction and modifications that do not fall within the provisions of the WBCA shall be prohibited without conditional use authorization.

[3] Historic buildings. No non-tower WCF may be located 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; the Pittsburgh History and Landmark Foundation; 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.

[4] 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 WCF and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of this chapter. The 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.

[5] 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.

(3) Non-tower wireless facilities outside the rights-of-way. The following additional regulations shall apply to non-tower WCFs located outside the rights-of-way that do substantially change the wireless support structure to which they are attached:

(a) Development regulations. Non-tower WCFs shall be co-located on existing structures, such as existing buildings or tower-based WCFs, if possible, subject to the following conditions:

[1] 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 on an individual basis.

[2] The total height of any wireless support structure and mounted WCF shall not exceed the maximum height permitted in the underlying zoning district by more than 20 feet.

[3] If the WCF applicant proposes to locate the related equipment in a separate building, the building shall comply with the minimum setback and building requirements for the applicable zoning district.

[4] A security fence of not less than 10 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 supporting structure in order to minimize aesthetic impact. The application of the stealth technology chosen by the WCF applicant shall be subject to the approval of the Borough.

[2] Noncommercial usage exemption. Borough citizens 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 chapter.

(c) Removal, replacement, modification. 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. Any material modification to a wireless telecommunications facility shall require a prior amendment to the original permit or authorization.

(d) Reservation of rights. In accordance with applicable law, 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.

(e) 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.

(4) Non-tower wireless facilities in the public rights-of-way. The following additional regulations shall apply to all non-tower wireless communications facilities located in the public rights-of-way:

(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 applicant shall locate its non-tower WCFs on existing poles that do not already act as wireless support structures.

(b) Design requirements:

[1] WCF installations located above the surface grade in the public ROW, including on streetlights and joint utility poles, shall consist of equipment components that are no more than six feet in height and that are no greater than 1/2 the width of the structures upon which they are mounted. Such installations are prohibited on any decorative streetlights. All equipment shall be the smallest and least visibly intrusive equipment feasible.

[2] Antennas and all support equipment shall be treated to match the supporting structure. WCFs and accompanying equipment shall 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.

(d) Equipment location. Non-tower WCFs and accessory 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 or within an easement extending onto a privately owned lot.

[2] Ground-mounted equipment that cannot be undergrounded 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 accessory 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.

(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; or

[4] An emergency as determined by the Borough.

(f) Reservation of rights. In accordance with applicable law, 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.

(5) General requirements for all tower-based wireless communications facilities. The following regulations shall apply 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 applicant shall mail notice to all owners of every property within 500 feet of the proposed facility. The 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 minimal height necessary to satisfy their function in the applicant's wireless communications system. An applicant shall demonstrate the necessity of the proposed height. The 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 Council'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 applicant for such conditional use approval to prove to the reasonable satisfaction of Council that the applicant cannot adequately extend or infill its communications system by the use of antennas and/or non-tower WCFs.

[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, as well as a description of the type and manufacturer of the proposed equipment.

[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 applicant shall present documentation to 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.

[5] The conditional use application shall demonstrate that the proposed facility complies with all other applicable regulations in this subsection.

(d) Engineer inspection. Prior to the Borough's issuance of a 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. Tower-based WCFs shall employ stealth technology. All wireless communications equipment buildings and other accessory facilities 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.

[1] Borough Council may require that wireless communications equipment buildings which house electrical transmitter equipment be placed underground, unless determined to be detrimental to the functioning and physical integrity of such equipment.

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

[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 applicant proposing the modification of an existing tower-based WCF, which increases the overall height of such WCF, shall first obtain the applicable permit from the Borough Zoning Office, in accordance with the Borough's permitting practices. Nonroutine modifications shall be prohibited without a permit.

(h) Gap in coverage. An 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 designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association and Telecommunications Industry Association (ANSI/EIA/TIA-222-E, as amended).

(k) 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 any tower-based WCF which is not located in the public ROW shall not exceed 150 feet, as measured vertically from the ground level, including any base pad, to the highest point on the structure, including antennas and subsequent alterations.

(l) Related equipment building. Any building or other structure housing related equipment shall comply with the required yard and height requirement of the applicable zoning district for an accessory structure.

(m) 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.

(n) Maintenance. The following maintenance requirements shall apply:

[1] Any tower-based 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.

(o) 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.

(p) Historic buildings or districts. No tower-based WCF may be located 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 included in the official historic structures and/or historic districts list maintained by the Borough.

(q) 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.

(r) Lighting. No tower-based WCF shall be artificially lighted, except as required by law. If lighting is required, the 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 applicant shall promptly report any outage or malfunction of FAA-mandated lighting to the appropriate governmental authorities and to the Borough Manager.

(s) 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.

(t) Aviation safety. Tower-based WCFs shall comply with all federal and state laws and regulations concerning aviation safety.

(u) 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 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.

(v) 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 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 applicant in writing of its decision. If additional information was requested by the Borough to complete an application, the time required by the applicant to provide the information shall not be counted toward the 150-day review period.

(w) 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. Co-location on existing nonconforming WCFs is permitted.

(x) 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.

(y) 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.

(z) 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.

(aa) 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.

(bb) 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.

(cc) 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. 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 a 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.

(dd) 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.

(ee) Financial security. Prior to receipt of a zoning permit for the construction or placement of a tower-based WCF, the 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.

(6) Tower-based facilities outside the rights-of-way. The following additional regulations shall apply to tower-based wireless communications facilities located outside the rights-of-way:

(a) Development regulations.

[1] Location. No tower-based WCF shall be located in an area in which utilities are underground, or within 75 feet of such an area, except as permitted by this chapter. Such tower-based WCFs may be located in the following: the I Industrial District, subject to the following restrictions:

[a] The WCF may not be sited in any public parks or on municipally-owned property.

[b] The WCF may not be sited along the river area or along any scenic trails or roadways in the Borough.

[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 at least 6,000 feet. 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 WCF structure height.

(b) 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. In addition to the other design requirements enumerated in this section, the application of the stealth technology chosen by the WCF applicant shall be subject to the approval of the Borough.

[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.

(c) 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] Evergreen bushes, a minimum of five feet in height, shall be planted immediately adjacent to the fencing at an interval not greater than three feet on center, except adjacent to that portion of the fence at which is located an access gate.

(d) Fence/screen.

[1] A security fence, having a minimum height of 10 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. Council may permit any combination of existing vegetation, topography, walls, decorative fences or other features instead of landscaping, if, in the discretion of Council, they achieve the same degree of screening. Existing vegetation shall be preserved to the maximum extent possible.

(e) Accessory equipment.

[1] Ground-mounted equipment associated to, or connected with, a tower-based WCF shall be underground or screened from public view using stealth technologies, as described in this section.

[2] All 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 and building requirements of the underlying zoning district.

(f) Access road. An access road of at least 20 feet in width, turnaround space and parking, shall be provided to ensure adequate emergency and service access to a 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; surfacing shall be bituminous, brick, concrete or permeable paving material (not including gravel surface, aggregate or the like). 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.

(g) Parking. For each tower-based WCF greater than 40 feet in height, there shall be two off-street parking spaces or one space per employee, whichever is greater.

(h) Inspection. The Borough reserves the right to inspect any tower-based 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.

(7) Tower-based facilities in the rights-of-way. The following regulations shall apply to tower-based wireless communications facilities located in the rights-of-way:

(a) Prohibited in underground utility areas.

(b) Tower-based WCFs shall not be located in the front facade zone of any structure.

(c) Tower-based WCFs 40 feet or shorter in height shall be permitted along the arterial and collector roads where public utilities are located above ground.

(d) Tower-based WCFs shall not be sited along any internal residential roads, regardless of the underlying zoning district.

(e) Tower-based WCFs in the ROW shall not be sited within 50 feet of an area in which public utilities are underground.

(f) 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.

(g) Equipment location. tower-based WCFs and accessory 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 undergrounded 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 the screened to blend in with the surrounding area to the satisfaction of the Borough.

[4] Any graffiti on the tower or on any accessory 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.

(h) Design regulations.

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

[1] Tower-based WCFs in the public ROW shall not exceed 40 feet in height.

[2] 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.

[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.

(j) 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 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; or

[4] An emergency as determined by the Borough.

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

O. Sidewalk cafes.

(1) A sidewalk cafe is defined as an extension of the services of an existing establishment, including, but not limited to, serving food and beverages for consumption within an existing building, to the extent that food and beverages are permitted to be served and consumed at tables placed on the public sidewalk adjacent to and within the confines of the frontage of that portion of the building in which the establishment is situated. A sidewalk cafe contains readily removable tables and chairs, is enclosed by rope and stanchion unless some other barrier system is approved by the Borough as an architectural design element and shall be otherwise open to the air.

(2) The sidewalk cafe shall be located on the public right-of-way adjoining the owner's property and in a location where it shall be determined to be appropriate by this chapter and all applicable related ordinances.

(3) A sidewalk cafe shall only be granted to an establishment with a valid retail food license.

(4) The site plan of the sidewalk cafe must include:

(a) Size of encroachment onto publicly owned sidewalk.

(b) Not less than three contiguous feet of sidewalk clear of obstructions to allow unimpeded pedestrian and disabled pedestrian traffic. No obstructions shall be placed within 18 inches of the face of any curb, within five feet of any fire exit or fire hydrant.

(c) The width of the storefront. A sidewalk cafe is limited to the width of the storefront of the establishment with which the cafe is associated. The area of ingress and egress is to be shown.

(d) Gross square footage.

(e) Compliance with federal accessibility standards to accommodate persons with disabilities.

(f) Compliance with Building Code standards for egress from the cafe and from the establishment in case of fire or other emergency.

(g) Borough and other approved obstructions are shown outside the required ADA clear passageway. Obstructions shall include, but not be limited to, light poles, traffic signal poles, fire hydrants, utility structures, bike racks, parking meters, street trees, and street signs. Further, the sidewalk cafe cannot obstruct the clear sight distance for vehicles or access or crossings for the disabled.

(h) The seating, table layout, and barrier system, to scale, along with passageway/aisle clearances.

(5) Design aspects to be included in the site plan are:

(a) Sidewalk cafes shall have a rope and stanchion as an enclosure, unless some other barrier system is approved by the Borough as an architectural design element.

(b) Sidewalk cafes are comprised of tables for dining. There shall be no standing room. No service equipment is permitted.

(c) Furnishings for sidewalk cafes shall consist solely of moveable tables, chairs and decorative accessories. There shall be at least one table that is ADA compliant.

(d) The square footage of the sidewalk cafe area shall determine the number of permitted tables and chairs based on the Building Code requirements in effect at the time of the initial application. The proprietor is also required to update sidewalk cafe seating to meet Building Code requirements in effect at the time of annual renewal.

(e) If umbrellas are proposed, they are to be included in the submitted site plan and must meet ADA standards for encroachment into the public right-of-way; that is, umbrellas must be totally within the sidewalk cafe area and the edges and prongs must leave the path of travel clear and unobstructed.

(f) Sidewalk cafes shall be at the same elevation as the public sidewalk. Paint, carpeting, artificial turf, or other floor coverings of any kind shall not be permitted at any time in the sidewalk cafe area.

(g) No permanent signage shall be allowed in any sidewalk café or on the adjacent sidewalk, with the exception that small lighted menu boards may be permitted.

(6) Operational procedures:

(a) Operation shall be during the normal business hours of the permitted use, but no earlier than 7:00 a.m. and no later than 10:00 p.m.

(b) Furnishings must be kept in a state of good repair and in a clean and safe condition at all times.

(c) Where rope and stanchion is used as the barrier, furnishings and rope and stanchion must be off the sidewalk by close of business, but no later than 12:00 midnight each evening. Rope and stanchion must also be removed at the time.

(d) Sidewalk cafe permits are not transferable.

(e) Permittees are bound by all applicable rules for alcohol and tobacco consumption, including state statutes and Borough ordinances.

(f) The sidewalk surface in the sidewalk cafe area shall be maintained in good repair.

(g) Busing stations, trash receptacles, food preparation stations, cashier stations, and music shall not be permitted in the sidewalk cafe.

(h) Sanitary cleaning of the sidewalk cafe dining area before, during, and after food service is required.

(i) The proprietor shall maintain on site copies of both the certificate of occupancy for a sidewalk cafe and the certified site plan. Both shall be presented on request of an enforcement official from the Borough of Etna or other authorized representative of the Borough. The sidewalk cafe permit shall be displayed in the front window, clearly visible from the street.

(7) Failure to comply with these requirements will result in the following:

(a) The permit holder will be subject to a fine for each offense, and each day such a violation continues shall be deemed a separate and distinct offense. The Borough of Etna Police or Code Enforcement Officer shall provide enforcement if the permit holder violates the terms of the permit.

(b) Any sidewalk cafe or other business activity, including signage, on publicly owned sidewalk in front of a business establishment without a valid permit is subject to removal from the public way by the Borough of Etna.

(c) In addition to fines and other penalties as provided for herein, three or more violations of any provision of this article or regulations promulgated hereunder within a permit period shall subject the permittee to revocation of the sidewalk cafe permit by the Borough of Etna.

(d) Penalties may be applied to proprietors who place furnishings or other obstructions on the sidewalk without having applied for a sidewalk cafe permit, or who have applied but have not received a permit.

P. Windmills, windwheels or wind energy conversion systems. Windmills, windwheels or wind energy conversion systems (WECS) shall be permitted in all zoning districts, subject to the following conditions:

(1) No said systems or equipment shall be erected in a front yard or within the area between a front lot line and the front building facade of the principal building on the lot.

(2) The structure supporting the wind rotor unit, including any necessary guideposts and supporting cables, shall be independent of any occupied structure and shall not be more than 45 feet in height.

(3) The minimum distance between grade and the lowest point of the rotor blade shall be 20 feet.

(4) All electric lines/utility wires shall be buried underground.

(5) Any mechanical equipment associated and necessary for operation, including a building for batteries and storage cells, shall be enclosed by a six-foot fence with screening planted in accordance with this chapter. The supporting structure shall also be enclosed by a six-foot fence, unless the base of the tower is not climbable for a distance of 12 feet.

(6) When a building is necessary for storage cells or related mechanical equipment, the building shall not exceed 140 square feet.

(7) One windmill, windwheel or WECS shall be permitted per lot.

(8) The resultant energy harnessed from the wind shall not be used on property other than that on which located, unless all applicable cogeneration requirements are met.

(9) The supporting structure and generating unit shall be kept in good repair and sound condition. Upon abandonment of use, the supporting structure and related structures shall be dismantled and removed from the property within 60 days.

(10) The applicant shall demonstrate that any noise from the wind energy generating unit shall not exceed 45 dBA measured at the property line.

(a) A "decibel" shall mean a unit for measuring the relative intensity of sounds. More specifically, a unit for expressing the ratio of two amounts of acoustic signal power equal to 10 times the common logarithm of this ratio.

(b) A "weighted" sound level shall mean the total sound level in decibels of all sound as measured with a sound level meter with a reference pressure of 20 micro-pascals using the "A" weighted network (scale) at slow response. The unit of measurement shall be defined as dB(A).

Q. Urban agriculture.

(1) The following types of urban agricultural activities may be permitted as accessory uses on residential lots in the R1 and R2 Zoning Districts:

(a) The keeping of domestic fowl;

(b) The keeping of miniature goats and sheep; and

(c) The keeping of bees.

(2) The following types of urban agricultural activities may be permitted as accessory uses in the C1 Zoning District:

(a) Farmers' markets.

(3) The following types of urban agricultural activities may be permitted as accessory uses in the C2 Zoning District:

(a) Market gardens; and

(b) Farmers' markets.

(4) The following types of urban agricultural activities may be permitted as accessory uses in the I Zoning District:

(a) Community garden;

(b) Market garden; and

(c) Farmers' market.

(5) The keeping of domestic fowl shall be governed by the following regulations:

(a) Domestic fowl shall only be kept on a residential lot on which there is an occupied dwelling or on a lot abutting a school when the activity is for an educational purpose accessory to the school.

(b) Domestic fowl may be kept in the following numbers:

[1] On lots smaller than 20,000 square feet but at least 2,000 square feet, up to six fowl may be kept.

[2] On lots of 20,000 square feet in area or larger, up to 12 fowl may be kept.

(c) If a lot has more than one dwelling unit, all adult residents and the owners of the lot must consent in writing to allow fowl on the property.

(d) The fowl must be provided with a covered, predator-resistant coop that is properly ventilated, designed to be easily accessed, cleaned and maintained. The coop must be at least three square feet per fowl.

(e) All animal feed shall be stored in a secured, rodent-proof container and housed within an enclosed structure.

(f) Fowl shall be located at least 10 feet from any property line. In the instance of multiple contiguous lots under the same ownership, the lots shall be treated as one lot.

(g) During daylight hours, fowl must have access to the coop and also have access to an outdoor area that is adequately fenced to protect them from predators and to prevent them from roaming onto neighboring properties.

(h) Fowl must be closed in a coop from dusk to dawn to be further protected from predators.

(i) Fowl may be humanely killed by or at the direction of the owner or keeper thereof in accordance with existing state and federal regulations.

(j) No predatory birds, guinea fowl, or roosters may be kept.

(6) The keeping of miniature goats and sheep shall be governed by the following regulations:

(a) Miniature, pygmy, dwarf goats or sheep shall only be kept on a residential lot on which there is an occupied dwelling or on a lot abutting a school, when the activity is for an educational purpose accessory to the school.

(b) Two miniature, pygmy, dwarf goats or sheep, plus any number of their offspring younger than 12 weeks, may be kept. The keeping of only one miniature, pygmy, dwarf goat or sheep is prohibited. Only female or altered male miniature, pygmy or dwarf goats or female sheep shall be permitted. No bucks or larger breeds of rams shall be allowed.

(c) Goats shall be located at least 10 feet from any property lines. In the instance of multiple contiguous lots under the same ownership, the lots shall be treated as one lot.

(d) Goats must be provided with a covered, predator-resistant shelter that is properly ventilated, designed to be easily accessed, cleaned and maintained.

(e) All animal feed shall be stored in a secured, rodent-proof container and housed within an enclosed structure.

(f) During daylight hours, goats must have access to the shelter and also have access to an outdoor area, which shall be in total at least 150 square feet per goat, as well as adequately fenced to protect them from predators and prevent them from roaming onto neighboring properties.

(g) Goats must be closed in the shelter from dusk to dawn.

(h) Goats may be humanely killed by or at the direction of the owner or keeper thereof in accordance with existing state and federal regulations.

(7) The keeping of bees (beekeeping) shall be governed by the standards of the Pennsylvania Department of Agriculture in addition to the following regulations:

(a) Bee colonies shall only be kept on a residential lot on which there is an occupied dwelling or on a lot abutting a school, when the activity is for an educational purpose accessory to the school.

(b) Bee colonies shall consist of only European honey bees.

(c) All bee colonies shall be kept in hives with moveable combs, which shall be kept in sound and usable condition.

(d) In each instance in which a colony is situated within 25 feet of a public or private property line of the tract upon which the apiary is situated, as measured from the nearest point on the hive to the property line, the beekeeper shall establish and maintain a flyway barrier at least six feet in height, consisting of a solid wall, fence, dense vegetation, or combination thereof, which is parallel to the property line and extends 10 feet beyond the colony in each direction so that all bees are forced to fly at an elevation of at least six feet above ground level over the property lines in the vicinity of the apiary.

(e) Each beekeeper shall ensure that a convenient source of water is available at all times to the bees so that the bees will not congregate at swimming pools, bibcocks, pet water bowls, birdbaths or other water sources where they may come in contact with humans, birds or domestic pets.

(f) In any instance in which a colony exhibits unusually aggressive characteristics by stinging or attempting to sting without due provocation or exhibits an unusual disposition toward swarming, it shall be the duty of the beekeeper to requeen the colony.

(g) It shall be unlawful to keep more than the following number of colonies on any lot, based upon the size or configuration of the lot on which the apiary is situated:

[1] On lots of at least 2,000 square feet, the resident is permitted to keep two colonies. For every 2,000 additional square feet, the resident is permitted two additional colonies.

[2] Regardless of lot size, where all hives are situated at least 200 feet in any direction from all properties of the tract on which the apiary is situated, there shall be no limit to the number of colonies.

(h) For each two colonies authorized under colony densities, there may be maintained upon the same tract one nucleus colony in a hive structure not exceeding one standard nine-and-five-eighths-inch depth, ten-frame hive body with no supers attached, as required from time to time for management of swarms. Each such nucleus colony shall be disposed of or combined with an authority colony within 60 days after the date it is acquired.

(8) Community gardens shall be governed by the following regulations:

(a) Operations using machinery may begin at sunrise or 7:00 a.m., whichever is earlier, on weekdays and at 9:00 a.m. on Saturday and Sunday. Operations using machinery must end at sunset or 9:00 p.m., whichever is later. Automatically functioning equipment, such as sprinklers, are exempted from hours of operation.

(b) Community gardens may include any of the following features: raised and/or accessible planting beds, compost bins, picnic tables, garden art, rain barrel systems, restroom facilities or portable toilets, signage, storage sheds, and children's play areas.

(c) All community gardens shall have suitable containers for waste and recyclables that are regularly serviced.

(d) A community garden may include a seasonal farm stand only for the sale of items grown at the site or products made from items grown at the site. Sales for fund-raising purposes and associated promotional materials are permitted at events held on the site. Stands shall be removed from the premises or stored inside a building on the premises or off site when the garden is not in operation. Sales must occur on site and only between 7:00 a.m. and 9:00 p.m.

(e) Signage. Permitted signs, not to exceed nine square feet in area per side and six feet in height, shall be limited to identification (of gardens, individual plants, etc.), information, and directional signs, including sponsorship information, where such information is clearly secondary to other permitted information on the sign.

(f) Parking. If a community garden includes a seasonable farm stand, adequate off-street parking as determined by the Borough must be provided and shall be either unpaved or surfaced with gravel or pervious paving material. Interior walkways shall be unpaved except as necessary to meet the needs of individuals with disabilities.

(9) Market gardens shall be governed by the following regulations:

(a) Operations using machinery may begin at sunrise or 7:00 a.m., whichever is earlier, on weekdays and at 9:00 a.m. on Saturday and Sunday. Operations using machinery must end at sunset or 9:00 p.m., whichever is later. Automatically functioning equipment, such as sprinklers, are exempted from hours of operation.

(b) The area of a market garden includes the area under cultivation, the area covered by any structures associated with the garden, the compost pile, any off-street parking, and any other area associated with the activities of the garden.

(c) The area of a market garden shall not exceed 5,000 square feet in all zoning districts other than the I District. There shall be no maximum area for market gardens in the I District.

(d) Signage. Permitted signs, not to exceed nine square feet in area per side and six feet in height, shall be limited to identification (of gardens, individual plants, etc.), information, and directional signs, including sponsorship information, where such information is clearly secondary to other permitted information on the sign.

(e) Off-site sales are subject to any existing Pennsylvania regulations for the sale of produce.

(10) Farmers' markets shall be governed by the following regulations:

(a) The market shall not operate more than two days per week.

(b) Market hours shall not exceed eight hours in duration.

(c) At least half of the vendors shall sell produce from an agricultural operation or food, live plants, or cut flowers.

(d) The market shall not obstruct a path that is part of a required pedestrian circulation system.