Borough of Green Lane, PA General Provisions

Private garage, private parking space, private stable, barn, shelter for pets.

Private green house.

Living quarters for household employees, caretakers or watchmen.

Decks and sheds. Storage sheds for garden equipment, household goods and/or sporting goods owned and used by the residents of the dwelling, with a total floor area of less than 150 square feet which shall not encroach on any required front yard and shall be set back not less than five feet from any other property line. The height of a storage shed shall not exceed 1 1/2 the length of its shortest wall but in no event shall be greater than 12 feet measured to the highest point of the structure above ground elevation.

[Added 3-11-2004 by Ord. No. 2004-05; amended 6-29-2009 by Ord. No. 2009-06]

Noncommercial swimming pool or other recreational facilities, excluding facilities for use of motorized recreation vehicles.

[Added 3-11-2004 by Ord. No. 2004-05]

Private swimming pools, including pool equipment, shall not encroach on any required front or side yard. A wall of a swimming pool shall not be located less than six feet from any rear or side property line.

Uses accessory to noncommercial recreational use. Customary recreational, refreshment and service uses and buildings in any noncommercial recreational area. Uses authorized in this chapter as accessory to a dwelling shall not be deemed to include a business, hospital, clinic, animal hospital, barbershop, beauty shop, tea room, hotel or any similar use.

§ 415-115 Conversions.

The Zoning Hearing Board may allow as a special exception the conversion of a single-family dwelling into a dwelling for a greater number of families, subject to the following requirements:

A petition in favor of such exception is filed with the Zoning Hearing Board signed by the owners of 60%, or more, of the frontage on the same street within 500 feet of the designated lot.

Each dwelling unit shall not have less than 500 square feet of floor area.

The lot area per family is not reduced thereby to an amount less than 75% of that required by this chapter for the district in which the designated lot is located.

The yard and building area requirements for the district in which the building is located shall not be reduced.

There is no external alteration of the building except as may be necessary for reasons of safety. Fire escapes, and outside stairways shall, where practicable, be located to the rear of the building.

The Zoning Hearing Board shall specify the maximum number of families permitted to occupy such building, and may prescribe such further conditions and restrictions as the Board may consider appropriate.

The off-street parking requirements of this chapter, or any other arrangements as deemed appropriate by the Zoning Hearing Board are met.

The conversion shall be authorized only for a large dwelling with relatively little economic usefulness as a conforming use, or for any other arrangement within the intent and purpose of this chapter, which may be deemed appropriate by the Zoning Hearing Board.

§ 415-116 Access to public street.

Each and every lot shall abut a public street for at least 50 feet at the right-of-way line.

§ 415-117 Public utilities.

[Amended 6-12-1995 by Ord. No. 95-4]

The provisions of this chapter shall not be so constructed as to limit or interfere with the construction, installation, operation and maintenance of public utility structures, or facilities in existence at the time of passage of this chapter, or which may hereafter be located within public easements or rights-of-way designated for such purposes. The location of any such construction not within a public easement or right-of-way however, unless specifically provided for in this chapter, shall be subject to approval of the Zoning Hearing Board, which shall give consideration to the effect of such constructions or installation upon the public safety and the character of the adjacent neighborhood.

§ 415-118 Projections into required yards.

No building, nor any part of a building, shall be erected within or shall project into any required yard in any district, except that:

An unenclosed porch, not more than 14 feet in height, may be erected to extend into a required front or rear yard a distance of not more than 10 feet; provided, that in no case shall it extend into such front or rear yard more than 1/2 the required depth of the yard.

A terrace, platform or landing place, not covered by a roof, canopy or trellis, which does not extend above the level of the first floor of the building, may be erected to extend into a required yard a distance of not more than 12 feet; provided, that it shall not extend into such yard more than 40% of the required depth or width of the yard.

A car port may be erected over a driveway in a required side yard; provided, that such structure is:

Not more than 14 feet in height and 20 feet in length.

Entirely open on at least three sides exclusive of the necessary supporting columns and customary architectural features.

At least three feet from the side lot line.

A buttress, chimney, cornice, pier or pilaster of a building may project not more than 18 inches into a required yard.

§ 415-119 Height limitation and location of fences and walls.

[Amended 3-11-2004 by Ord. No. 2004-05; 7-12-2018 by Ord. No. 2018-01]

Application for a fence or wall shall be completed on the form provided by the Borough and include a diagram of the area to be fenced or enclosed. No fence or retaining wall shall be erected until such work is approved by the Borough, a permit issued, and the required fees paid to the Borough.

All fences or walls shall be erected outside of the legal right-of-way.

Fences erected in the front yard or forward of the front elevation wall of a building shall not exceed four feet in height. Fence material of all fences erected in the front yard or forward of the front elevation wall of a building shall be 50% open, such as post and rail fencing. A chain link fence is not permitted within the front yard or forward of the front elevation of a building.

Fences and walls erected in the side or rear yards (excepting a retaining wall or a wall of a building permitted under the terms of this chapter) shall not exceed a height of eight feet in the LI Limited Industrial District or a height of six feet in all other zoning districts.

All fences shall be erected with the finished side of the fence facing adjacent properties or streets. The finished side shall be considered the side without the structural support.

No fence with barbed wire, spikes, nails or other sharp objects shall be permitted. No fence with electrical current is permitted.

Fences shall be erected only at the natural grade of the property and shall not be erected on berms or artificial mounds.

All fences shall be set back a minimum of two feet from all existing sidewalks.

§ 415-120 Child day-care facilities.

[Added 5-8-2000 by Ord. No. 00-3]

Definitions. As used in this section, the following terms shall have the meanings indicated:

CHILD DAY-CARE FACILITY

Any dwelling, building or portion thereof in which child day-care services are provided, including any on-site outdoor play area. Child day-care facilities shall be differentiated by the following three classifications:

FAMILY DAY-CARE HOMEAny premises or dwelling unit other than the child's own home where the child-care areas are being used as a family residence operated for profit or not for profit, in which child day-care is provided at any one time on a regular basis to four, five or six children who are not relatives of the caregiver. Day-care service for children in this type of facility is different from babysitting.

GROUP DAY-CARE HOMEA facility in which care is provided for more than six but fewer than 12 children, at any one time, where the child-care areas are being used as a family residence.

DAY-CARE CENTERA facility which is licensed to provide care for seven or more children at any one time, where the child care-areas are not being used as a family residence.

General provisions. The following general provisions apply to each of the three defined types of child day-care facilities. In addition, each type of child day-care facility shall comply with the specific individual regulations for each type of facility.

Categories included. The provisions of this section pertain to day-care service for children by caregivers in family day-care homes, group day-care homes and day-care centers, subject to Chapter 11, Section 8A, 8B and 8C of the Pennsylvania Department of Human Services Social Services Manual Regulations. Day-care service for children shall include out-of-home child day-care services for part of a twenty-four-hour day for children under 16 years of age by caregivers, excluding care provided by relatives. Day-care service for children shall not include babysitting or day care furnished in places of worship during religious services.

Registration and licensing. Family day-care homes, as defined in this chapter, must hold an approved and currently valid Department of Human Services registration certificate. Group day-care homes and day-care centers, as defined in this chapter, must hold an approved and currently valid Department of Human Services license. In addition, all child day-care facilities shall comply with all current Department of Human Services regulations, including those standards governing adequate indoor space, accessible outdoor play space and any applicable state or local building and fire safety codes.

Borough notification. Each operator of a newly established child day-care facility shall notify the Borough, in writing, at least 60 days prior to the initiation of such use, for the purpose of allowing the Borough to establish a record of the new land use. Already existing licensed or registered facilities shall be required to notify the Borough of their operation at least 60 days after the enactment of this chapter. In addition, the operator of any facility must certify compliance with all aspects of this chapter and all other applicable Borough requirements.

Family day-care homes must provide proof of an approved Department of Human Services registration certificate at the time of initial notification to the Borough and must show proof of the registration renewal every two years.

Group day-care homes and day-care centers must provide proof of an approved and currently valid Department of Human Services license at the time of initial notification to the Borough and must provide proof of annual license renewal.

Inspection. The operator of a family day-care home, group day-care home or day-care center will allow the Borough's Code Enforcement Officer to enter the property during hours of operation to inspect such use for compliance with the requirements of this section and all other applicable Borough ordinances.

General safety. No portion of a child-care facility shall be located within a 300-foot distance from any potentially hazardous land use or activity which could pose a threat to the safety and welfare of the children, staff and other occupants at the facility. Hazardous land uses or activities include, but shall not be limited to, gasoline service stations, heavy industrial operations, storage of flammable or high-pressure underground pipelines, truck or rail loading areas, etc.

Hours of outside play. Outside play shall be limited to the hours between 8:00 a.m. and sunset, as defined by the National Weather Service.

(7)

Outdoor play area. An outdoor play area, as required by Department of Human Services regulations, shall be provided for any proposed child day-care facility.

On-site outdoor play area. An on-site outdoor structured play area or areas of high outdoor activity shall be located in yard areas which provide adequate separation, safety and protection from adjoining uses, properties and roadways. The on-site outdoor play area shall not be located in the front yard. The outdoor play area should be located immediately adjacent to the child-care facility.

Off-site outdoor play area. In accordance with Department of Human Services regulations, a child day-care facility may utilize off-site play area in lieu of or as a supplement to an on-site play area. These standards permit the use of off-site play areas which are located within 1/2 mile distance of the facility, measured from the property line of the facility. When the use of an off-site play area is proposed, the applicant shall inform the Borough about the means of transportation that will be used to access the off-site play area. For reasons of safety, when children will be walked to an off-site play area, the route to the off-site play area shall not involve the crossing of arterial or major collector streets. Pedestrian access on sidewalks or improved walkways shall be required.

(8)

Altering exterior of residential structures. Any addition or improvement to an existing residential structure or property for purposes of child day care shall preserve its residential character. The scale, bulk, height and roof pitch of any addition and the building materials used shall be compatible with the existing structure. Any improvements to the structure shall be in compliance with all other applicable Borough regulations relating to building and/or zoning permits.

(9)

Traffic impact study. Any proposed child day-care facility which will generate 100 or more new trips during the morning or evening peak hour shall be required to conduct a traffic impact study. The traffic impact study shall be prepared in compliance with pertinent state and Borough regulations and ordinances.

Objective. The purpose of the traffic impact study is to provide the local Planning Commission and governing body with adequate information and data to properly assess:

The impact of the proposed facility on the surrounding road and street network as well as on streets and roads providing immediate access to the proposed facility.

The need for capital improvements to the existing transportation network which will be needed to accommodate the additional traffic generated by the proposed facility.

[3]

Traffic and/or pedestrian safety issues which may arise from the proposed facility.

(10)

Minimum lot area. The minimum lot area for any proposed child day-care facility shall comply with the minimum lot area requirements of the zoning district in which the proposed facility is located.

Family day-care homes. Any proposed family day-care home shall comply with the following standards in addition to the general provisions for all types of day-care facilities in Subsection B.

Where allowed; permitted by right. Family day-care homes may be located by right in any zoning district that allows the following types of dwelling units, subject to the standards of the zoning district in which the unit is located and the following development standards in this section, whichever are more restrictive:

Single-family detached dwelling units.

Two-family dwelling units (twins; no duplex apartments).

Townhouse or row house dwelling units.

Development standards. The following standards shall apply to all proposed family day-care homes.

Drop-off area. One on-site dropoff space for clients shall be provided. An existing driveway or common parking lot space may be used as a dropoff area if it can be demonstrated that there is sufficient space available in the driveway that is not otherwise occupied or committed to safely accommodate a parked vehicle. If a driveway is used for the dropoff area and the proposed use fronts an arterial or major collector street, an on-site turnaround area shall be provided so that vehicles can exit the site driving forward. In cases where the existing driveway cannot function as a dropoff area, an on-site dropoff space shall be provided. The dropoff area shall conform to the Borough dimensional standards for residential parking spaces.

In cases where the dropoff area cannot be accommodated on the site, the applicant shall demonstrate that there is on-street parking or some other available parking area located within 250 feet of the property line of the proposed facility.

The required dropoff area may be waived by the Borough if the applicant can demonstrate that the clients of the family day-care home will walk to the facility, thereby eliminating the need for additional parking.

Fencing. If there are unsafe areas, such as open drainage ditches, well, holes, heavy street traffic, etc., in or near to an outdoor play area, there shall be fencing of adequate height (four-foot minimum) and sufficient design to restrict children from these areas.[1]

Editor's Note: Original Subsection D, Group day-care home, which immediately followed this subsection, was repealed 3-11-2004 by Ord. No. 2004-05.

Day-care centers. Any proposed day-care center shall comply with the following standards in addition to the general provision for all types of child day-care facilities in Subsection B:

[Amended 3-11-2004 by Ord. No. 2004-05]

Where allowed. Child day-care centers are permitted by special exception as follows: in any Borough Commercial or Limited Industrial Zoning District and as an accessory use on a lot occupied by a religious institution in any district on a lot not less than one acre in size when permitted by special exception subject to the regulations of the zoning district in which the proposed use is located and both the development standards and the special exception standards in this section, whichever are more restrictive.

Development standards. The following standards shall apply to all proposed day-care centers:

Minimum distance between facilities. A minimum distance of 500 feet is required between facilities in nonresidential zoning districts.

On-site parking for employees and clients. A minimum of one on-site parking space shall be provided for each 300 square feet of floor area dedicated to child-care.

Dropoff area.

Number of dropoff spaces. A minimum of one safe dropoff space shall be provided for each 20 children that the facility is licensed to accommodate.

Dropoff area location and design. Whenever possible, the dropoff area shall be located immediately adjacent to the facility. The dropoff area should be designed in such a way that pedestrians do not cross vehicular traffic lanes in any parking area or driveway. The dropoff area may be either as a part of the on-site parking area or the required dropoff spaces may be designed as a part of a driveway providing direct access to the day-care facility.

[a]

When the dropoff area is incorporated into the on-site parking area, the parking spaces nearest to the facility shall be designated as dropoff space.

[b]

When the drop-off area is incorporated into a driveway, the dropoff spaces shall be located within a vehicular turnout area 12 feet in width exclusive of the driveway through traffic lane(s).

Landscaping. Landscaping shall be provided in order to create a vegetative buffer from adjacent uses as well as to create an aesthetically pleasing environment.

Buffer standards for lots on which a proposed day-care center is located.

[a]

Vegetative buffers. A vegetative screen buffer may be required when deemed necessary by the Zoning Hearing Board to meet the intent and goals of this chapter. Criteria to be considered will include but not be limited to the nature and type of adjacent uses, lot size of the subject property as well as the adjacent properties and the distance to adjacent buildings. The following standards shall apply to buffers when required by the Board.

[i]

Buffers shall contain combinations of evergreen and deciduous vegetation. The planted buffer shall be a minimum of 10 feet in width and six feet in height at the time of installation. Earthen berms may be provided in combinations with vegetative material. Earthen berms shall not exceed four feet in height nor exceed a maximum slope of three to one.

[ii]

Continued maintenance of vegetative buffers shall be the responsibility of the operator of the facility.

[iii]

Opaque fences or walls used to meet the requirement for fencing of outdoor play areas may be used in place of part of the required vegetative buffer material.

Landscaping in outdoor activity areas. Existing or proposed planting material shall be suitable in and around areas used by children. No thorny, poisonous or other hazardous plants shall be allowed in areas used by children.

Fencing of outdoor play area. In order to physically contain the activity of children in the outdoor play area, there shall be fencing of adequate height (four-foot minimum) and sufficient design to retain children, along the perimeter of the outdoor play area. When applicable, the fence may be located along property lines.

Play equipment setback. Play equipment in designated on-site play areas shall be located at least 10 feet from the abutting property line.

(g)

Signs. Day-care center signs shall comply with standards governing signs for the zoning district in which the proposed use is located.

(h)

Lighting. All pedestrian pathways shall be adequately lit for safety and security if utilized during non-daylight hours. Specific areas for lighting are entranceways, pedestrian access to the outdoor play areas, sidewalks used in non-daylight hours, drop-off areas, merchandise delivery areas and all parking lots.

(i)

Entrance/exit accessibility. When located in a multi-use building complex, day-care center entrances/exits shall be provided direct access to the child day-care center so that walking through other significant portions of the building is avoided.

(j)

Soundproofing. When co-located in any building employing noisy operations, the Zoning Hearing Board may require soundproofing of the child-care center to protect the children.

Special exception standards. The Zoning Hearing Board shall consider the following when reviewing a special exception application for a proposed day-care center in Limited Industrial Districts and in any facility of nonprofit organizations. The Borough may impose any other conditions necessary to mitigate any potential adverse impact on users of the site and/or surrounding area.

Safety. There shall be no land use or activity within the vicinity of the proposed day-care center which would pose a threat to the health, safety and welfare of the users of the facility. Specifically, there shall be no objectionable or unsafe levels of noise, vibration, fumes, odors, dust, glare, heat, toxic gases, electric or electronic interference, liquid wastes or sewage, vehicular loading and unloading activities and any other physical activity on sites within the vicinity of the proposed day-care center.

Choice of access streets. When streets of different classifications are involved, the driveway shall provide access to the street of lesser functional classification.

§ 415-121 Bed-and-breakfasts.

[Added 5-8-2000 by Ord. No. 00-3]

Bed-and-breakfast home. A bed-and-breakfast home may be operated by conditional use as a home occupation in all residential districts, subject to the following regulations:

A bed-and-breakfast home is allowed only in a single-family detached dwelling.

A bed-and-breakfast home must be run as a home occupation and shall not have more than six guest rooms.

No guest can stay for more than 14 days.

One off-street parking space for each guest bedroom shall be provided in a side or rear yard, in addition to any other required parking. There shall be no parking allowed in the front yard.

Meal service for guests is limited to breakfast. Owners shall comply with all federal, state and local requirements for the preparation, handling, and serving of food.

Owner shall maintain a current guest register.

(7)

Bed-and-breakfast accommodations may not sell alcoholic beverages.

(8)

Any modifications, additions, alterations, fire escapes, etc., are allowed only to the side and rear of the structure. The structure's façade shall be maintained to appear as a single-family dwelling.

(9)

Signs, pursuant to the sign ordinance requirements (probably a freestanding sign no more than two feet by two feet and no more than 10 feet high).

(10)

Each bed-and-breakfast facility shall be equipped with smoke detectors and fire extinguishers in accordance with the requirements of the Pennsylvania Department of Labor and Industry and with the Borough Fire Code. Guests shall be provided with information regarding the floor plan of the building and the location of emergency exits.

(11)

No cooking is allowed in guest rooms.

(12)

All bed-and-breakfast homes must be licensed by the Borough, with the license to be renewed each year.

(13)

All bed-and-breakfast homes will be inspected yearly by the Borough's Building Inspectors.

(14)

As a home occupation, no outside employees are permitted.

(15)

A bed-and-breakfast use shall not be permitted on a lot with an area less than 10,000 square feet.

Bed-and-breakfast inn. A bed-and-breakfast inn is permitted in the BC District and is subject to the following regulations:

No guest rooms are allowed on the first floor.

No more than 16 guest rooms are allowed.

No guest can stay for more than 14 days.

Meal service for guests is limited to breakfast. Owners shall comply with all federal, state and local requirements for the preparation, handling and serving of food.

Owner shall maintain a current guest register.

Bed-and-breakfast accommodations may not sell alcoholic beverages.

(7)

Any modifications, additions, alterations, fire escapes, etc., are allowed only to the side and rear of the structure.

(8)

Signs, pursuant to the sign ordinance requirements for the BC District.

(9)

Each bed-and-breakfast facility shall be equipped with smoke detectors and fire extinguishers in accordance with the Pennsylvania Department of Labor and Industry and with the Borough Fire Code. Guests shall be provided with information regarding the floor plan of the building and the location of emergency exits.

(10)

No cooking is allowed in guest rooms.

(11)

All bed-and-breakfast inns must be licensed by the Borough, with the license to be renewed each year.

(12)

All bed-and-breakfast inns will be inspected yearly by the Borough's Building Inspectors.

§ 415-122 Adult use standards and criteria.

[Added 5-8-2000 by Ord. No. 00-3]

The following standards and criteria shall govern adult uses as defined and permitted in this section:

Adult uses are permitted only in the LI Limited Industrial District.

No adult use shall be permitted to be located within 100 feet of an existing residence, residential district, church, school or school property line, playground, park or any other adult use.

No adult use shall be considered to be a permissible change of use, in conformance with Article XV, Nonconforming Uses, unless the subject property is located in an LI Limited Industrial District, and can be shown to comply with the regulations, standards and criteria of this section.

Adult uses shall be housed in completely enclosed buildings, designed and used in a manner which prevents the viewing of adult use activities or materials from outside the building. No extreme display of products, activities or shows shall be permitted, except for a sign which identifies the name of the establishment and its hours of operation, in compliance with the sign requirements of Article XIII of this chapter.

If any portion of a use meets the definition of adult use, then that portion must comply with the requirements of this section.

§ 415-123 Satellite dishes, cellular communications antennas and other antennas.

[Added 5-8-2000 by Ord. No. 00-3]

General standards.

No advertising shall be affixed to any part of an antenna, satellite dish, or supporting structure.

Installation shall require a use and occupancy permit.

All applications must include certification by a registered engineer that the proposed installation complies with all applicable BOCA Code Standards, including load distributions within the building support structure for roof-mounted installations.

All installations shall be located to prevent obstruction of the antenna or satellite dish reception window from potential permitted development on adjoining properties.

No antenna shall be located within the minimum front yard setback area, or minimum setback area of any yard abutting a street.

Ground-mounted antennas and satellite dish antennas. The accessory use of ground-mounted antennas and satellite dish antennas (excluding cellular communications antennas) shall meet the standards and criteria for the following zoning districts:

General standards. In any zoning district, permanent extendible, retractable, or telescoping ground-mounted tower, mast, or support, and accompanying antenna, that is accessory to a permitted or special use, may be erected to a maximum height of 65 feet above mean ground level as measured at the base of the structure, provided said antenna(e) may only be located in a side or rear yard. The antenna tower must be set back from all applicable minimum side and rear yard setbacks one foot for every one foot of antenna height. For example, a forty-foot antenna must be set back 40 feet from the setback line. All installations must comply with all other accessory use yard, height, bulk and setback requirements specified within the district.

All nonresidential districts. In all nonresidential districts, ground-mounted satellite dish antennas may be erected to a maximum height of 15 feet above mean ground level as measured from the base of the structure. If the subject parcel abuts a residential district, all such antennas shall be placed a minimum of 20 feet from any lot line and effectively screened from any adjoining residential property.

All residential districts. In a residential district, one accessory ground-mounted satellite dish antenna may be erected to a maximum height of 12 feet above mean ground level as measured at the base of the structure and provided the following criteria are met:

The satellite dish shall be neutral in color and, to the greatest extent possible, be compatible with the character and appearance of the surrounding neighborhood.

All installations must include screening treatments located along the antenna's nonreception window axes and low-level ornamental landscape treatments along the reception window axes of the antenna's base. Such treatments should completely enclose the antenna(e).

Roof-mounted antennas and satellite dish antennas. The accessory use of roof-mounted antennas and satellite dish antennas (excluding cellular communications antennas) shall meet the following standards and criteria:

All residential districts: antennas. In any residential district, roof-mounted accessory antennas (except satellite dish antennas) may be erected on the roof of the principal or accessory building to a maximum height of 20 feet above the maximum height of the building on which it is located. Satellite dish antennas up to two feet in diameter may also be erected.

All residential districts: satellite dish antennas. In any residential district, roof-mounted satellite dish antennas more than two feet in diameter may be erected, when granted by the Zoning Hearing Board as a special exception, in compliance with the provisions of Article XVIII of this chapter and the following criteria:

Demonstration by the applicant that compliance with the applicable yard, setback, and height restrictions would result in the obstruction of the antenna's reception window; furthermore, such obstruction involves factors beyond the applicant's control.

The height of the proposed installation does not exceed the maximum height restriction imposed upon primary and accessory uses within the district.

Only one satellite dish antenna shall be permitted per lot.

Satellite dish antennas shall not exceed 12 feet in diameter.

Satellite dish antennas shall be neutral in color and, to the greatest extent possible, be compatible with the appearance and character of the neighborhood.

All nonresidential districts. In all nonresidential zoning districts, roof-mounted accessory antennas of any type may be erected on the roof of the principal or accessory building to a maximum height of 35 feet above the maximum height of the building on which it is located provided the following criteria are met:

Satellite dish antennas and microwave relay antennas shall not be visible between ground level and 10 feet above ground level from any street adjoining the lot.

Satellite dish antennas shall not exceed 12 feet in diameter. Microwave relay antennas shall not exceed four feet in diameter.

Satellite dish antennas, microwave relay antennas, and their accompanying support structures shall be neutral in color and, to the greatest extent possible, be compatible with the appearance and character of the neighborhood.

Regulations for all cellular communications antennas. In recognition of the quasi-public nature of cellular communications systems, the following regulations shall apply:

Purposes.

To accommodate the need for cellular communications antennae while regulating their location and number in the municipality.

To minimize adverse visual effects of cellular communications antennas and antenna support structures through proper design, siting, and vegetative screening.

To avoid potential damage to adjacent properties from antenna support structure failure and falling ice, through engineering and proper siting of antenna support structures.

To encourage the joint use of any new antenna support structures, to reduce the number of such structures needed in the future.

Use regulations.

A cell site with antenna that is attached to an existing communications tower, smoke stack, water tower, or other tall structure, is permitted by right in all zoning districts. The height of the antenna shall not exceed the height of the existing structure by more than 15 feet. If the antenna is to be mounted on an existing structure, a full site plan shall not be required.

A cell site with antenna that is either not mounted on an existing structure, or is more than 15 feet higher than the structure on which it is mounted, is permitted by special exception in the LI Limited Industrial Districts. The maximum height of a cellular communications antenna shall not exceed 90 feet above the ground elevation at the base of the antenna.

[Amended 3-11-2004 by Ord. No. 2004-05]

All other uses ancillary to the antenna and associated equipment (including a business office, maintenance depot, vehicle storage, etc.) are prohibited from the cell site, unless otherwise permitted in the zoning district in which the cell site is located.

Standards of approval of special exceptions.

The cellular communications company is required to demonstrate, using technological evidence, that the antenna must go where it is proposed in order to satisfy its function in the company's grid system.

If the cellular communications company proposes to build a tower (as opposed to mounting the antenna on an existing structure), it is required to demonstrate that it contacted the owners of tall structures within a one-quarter mile radius of the site proposed, asked for permission to install the antenna on those structures, and was denied for reasons other than economic ones. This would include smoke stacks, water towers, tall buildings, antenna support structures of other cellular communications companies, other communications towers (fire, police, etc.) and other tall structures. The Borough Zoning Hearing Board may deny the application to construct a new tower if the applicant has not made a good faith effort to mount the antenna on an existing structure.

Standards of approval of all cellular communication antennas.

Antenna height. The applicant shall demonstrate that the antenna is the minimum height required to function satisfactorily. No antenna that is taller than this minimum height shall be approved.

Setbacks from base of antenna support structure. If a new antenna support structure is constructed (as opposed to mounting the antenna on an existing structure), the minimum distance between the base of the support structure or any guy wire anchors and any property line shall be the largest of the following:

30% of antenna height.

The minimum setback in the underlying zoning district.

[3]

Forty feet.

Antenna support structure safety. The applicant shall demonstrate that the proposed antenna and support structure are safe and the surrounding areas will not be negatively affected by support structure failure, falling ice or other debris, electromagnetic fields, or radio frequency interference. All support structures shall be fitted with anti-climbing devices, as approved by the manufacturers.

Fencing. A fence shall be required around the antenna support structure and other equipment, unless the antenna is mounted on an existing structure. The fence shall be a maximum of eight feet in height.

Landscaping. The following landscaping shall be required to screen as much of the support structure as possible, the fence surrounding the support structure, and any other ground level features (such as a building), and in general soften the appearance of the cell site. The municipality may permit any combination of existing vegetation, topography, walls, decorative fences or other features instead of landscaping, if they achieve the same degree of screening as the required landscaping. If the antenna is mounted on an existing structure, and other equipment is housed inside an existing structure, landscaping shall not be required.

An evergreen screen shall be required to surround the site. The screen can be either a hedge (planted three feet on center maximum) or a row of evergreen trees (planted 10 feet on center maximum). The evergreen screen shall be a minimum height of six feet at planting, and shall grow to a minimum of 15 feet at maturity.

In addition, existing vegetation on and around the site shall be preserved to the greatest extent possible.

In order to reduce the number of antenna support structures needed in the community in the future, the proposed support structure shall be required to accommodate other users, including other cellular communication companies, and local police, fire, and ambulance companies.

(g)

The cellular communication company must demonstrate that it is licensed by the Federal Communications Commission.

(h)

Required parking. If the cell site is fully automated, adequate parking shall be required for maintenance workers. If the site is not automated, the number of required parking spaces shall equal the number of people on the largest shift.

(i)

Antenna support structures under 200 feet in height should be painted silver or have a galvanized finish retained, in order to reduce the visual impact. Support structures may be painted green up to the height of nearby trees. Support structures 200 feet in height or taller, or those near airports, shall meet all Federal Aviation Administration regulations. No antenna support structure may be artificially lighted except when required by the FAA.

(j)

A full site plan shall be required for all cell sites, showing the antenna, antenna support structure, building, fencing, buffering, access, and all other items required in Chapter 370, Subdivision and Land Development, of the Code of the Borough of Green Lane. The site plan shall not be required if the antenna is to be mounted on an existing structure.

ANTENNA SUPPORT STRUCTURE

Definitions. For the purposes of this section, the following definitions shall apply:

ANTENNA HEIGHT

The vertical distance measured from the base of the antenna support structure at grade to the highest point of the structure. If the support structure is on a sloped grade, then the average between the highest and lowest grades shall be used in calculating the antenna height.

Any pole, telescoping mast, tower, tripod, or any other structure which supports a device used in the transmitting or receiving of radio frequency energy.

CELL SITE

A tract or parcel of land that contains the cellular communication antenna, its support structure, accessory building(s), and parking, and may include other uses associated with an ancillary to cellular communication transmission.

§ 415-124 Traffic impact study.

[Added 5-8-2000 by Ord. No. 00-3]

Intent. A traffic impact study is intended to enable the Borough to assess the traffic impacts of a proposal. Specifically, its purpose is to:

Identify any traffic problems that may be created in the existing highway network as a result of the proposal.

Delineate solutions to potential problems and to present improvements to be incorporated into the proposal or into the highway and/or public transit systems within the study area.

Assist in the protection of air quality and the conservation of energy, and to encourage the use of public transit where available.

Preparation of study. The Traffic Impact Study shall be prepared by a qualified traffic engineer and/or transportation planner acceptable to the Borough, with the cost borne by the applicant. The procedures and standards for the Traffic Impact Study are set forth below.

Applicability.

A traffic impact study shall be submitted with all requests for change of zoning, special exception, conditional use, and as part of the preliminary plan application for all subdivisions and/or land developments and/or planned residential developments when the proposed use and/or development involves 30 or more dwelling units or 25,000 square feet of nonresidential floor area.

Proposals which would not be required to produce a traffic impact study by reason of size, above, must produce a study if the expected number of trips generated per day exceeds 1,000.

The anticipated number of trips per day shall be determined through the use of Institute of Transportation Engineers (ITE) Trip Generation Report (Fourth Edition, or as amended). The proposed use or development shall be identified using the appropriate ITE land use code. Where doubt exists, the applicant shall seek guidance from the Planning Commission.

An application which requires a traffic impact study shall not be considered complete until the traffic impact study is submitted to the appropriate review body in accordance with the provisions of this section.

The appropriate review body, at its discretion, may require any other subdivision, land development, zoning change, special exception or conditional use application to be accompanied by a traffic impact study.

General requirements and standards.

Site description.

The site description shall include the size, location, proposed land uses, construction staging and completion date of the proposed land development. If the development is residential, types of dwelling units shall also be included.

The general site description shall also include probable socio-economic characteristics of potential site users to the extent that they may affect the transportation needs of the site, e.g., number of senior citizens. A brief description of other major existing and proposed land development within the study area shall be provided.

Transportation facilities description. The description shall contain a full documentation of the proposed internal and existing external transportation system:

This description shall include proposed internal vehicular, bicycle and pedestrian circulation, all proposed ingress and egress locations, all internal roadway widths and rights-of-way, parking conditions, traffic channelizations, and any traffic signals or other intersection control devices at all intersections within the site.

The report shall describe the entire external roadway system within the study area. Intersections in the study area shall be identified and illustrated. Any existing and proposed public transit services and facilities within a one-mile radius of the site shall also be documented.

All future highway improvements, including proposed construction and traffic signalization, shall be indicated. This information shall be obtained from the Pennsylvania Department of Transportation's Twelve-Year Highway and Bridge Program and from the Borough. Any proposed roadway improvements associated with surrounding proposed development shall be noted.

Existing traffic conditions. Existing traffic conditions shall be measured and documented for all roadways and intersections in the study area and shall include:

Current average daily traffic volumes, peak highway hour(s) traffic, and peak development-generated hour(s) traffic.

Manual traffic counts at all intersections in the study area, encompassing the peak highway and development-generated hour(s), with documentation included as a technical appendix to the report.

Delay analysis based upon existing volumes, performed during the peak highway hour(s) and the peak development-generated hour(s) for all roadways and intersections in the study area.

Volume/capacity (v/c) analysis for all intersections having a level of service D, E or F or which should be reasonably expected to have such a level of service after the proposed development. Volume/capacity ratios and delay levels of service shall be determined for each location according to the 1985 Highway Capacity Manual, as amended.

The date or dates when any and all traffic counts were made.

Analysis of the adequacy of the existing roadway system to serve the current traffic demand. Roadways and/or signalized intersections experiencing levels of service E or F, and v/c ratios greater than or equal to 1.0 shall be noted as deficient. Unsignalized or undersignalized intersections with levels of service E or F shall be noted as deficient.

Impact of development.

Estimation of vehicular trip generation to result from the proposal shall be completed for the average daily peak highway hour(s) and peak development-generated hour(s). All turning movements shall be calculated.

These generated volumes shall be distributed to the study area and assigned to the existing roadways and intersections throughout the study area. Provide documentation of all assumptions used in the distribution and assignment phases. Traffic volumes shall be assigned to individual access points.

Pedestrian volumes shall also be calculated, if applicable. If school crossings are to be used, pedestrian volumes shall be assigned to each crossing. Note any characteristics of the site that will cause particular trip generation or distribution problems.

Analysis of impact.

The total future traffic shall be calculated and shall consist of the existing traffic volume expended to the project completion year using an annual background growth factor plus the development-generated traffic and the traffic generated by other proposed developments in the study area.

The annual background growth factor shall be determined using the projected rates of population and employment growth as determined by Montgomery County Planning Commission and the average annual traffic growth of the area's roadways as determined from the Delaware Valley Regional Planning Commission's "Highway Network Coverage Traffic Counts" and current twenty-four-hour traffic counts.

Delay analysis shall be conducted using the total future demand and the future roadway capacity. If staging of the proposed development is anticipated, calculations for each stage of completion shall be made.

Analysis shall include the peak highway hour(s) and peak development-generated hour(s) for all roadways and intersections of the study area. Delay calculations shall be completed for all intersections and proposed access points to the development. A volume/capacity (v/c) analysis shall be conducted for all intersections having a future level of service D, E or F.

All access points and pedestrian crossing shall be examined as to the feasibility of installing traffic signals. This evaluation shall compare the projected traffic and pedestrian volumes to the warrants for traffic signal installation.

Conclusions and recommendations.

Levels of service (LOS) and volume/capacity (v/c) ratios shall be listed for all roadways and intersections. All roadways and intersections showing a level of service E or F, and v/c ratio equal to or greater than 1.0 shall be considered deficient.

The proportion of site-generated traffic to total future traffic shall be identified at each lane group that is considered deficient. Specific recommendations for the elimination of all deficiencies shall be listed and shall include: internal circulation design, site access location and design, external roadway intersection design and improvements, traffic signal installation and operation including signal timing, and transit design improvements.

All physical roadway improvements shall be illustrated.

Signal timing shall be evaluated for any intersection with a level of service D, E or F, but a volume/capacity (v/c) ratio less than 1.0. Warrants for signalization shall be examined for unsignalized or undersignalized intersections with levels of service E or F.

OFF-SITE TRANSPORTATION IMPROVEMENTS

Existing and/or future public transit service shall also be addressed and any transportation management techniques which would be available to the proposed development shall be identified. A listing of all actions to be taken to encourage public transit usage for development generated trips and/or improve existing service, if applicable, shall be included.

Traffic-related definitions. As used in this section, the following terms shall have the meanings indicated:

CAPACITY ANALYSIS

Intersection approach capacity is the maximum rate of vehicular flow that can pass through an intersection under prevailing roadway, traffic and signalization conditions. The analysis compares the actual or projected traffic volume to the intersection capacity and results in a volume/capacity (v/c) ratio.

LEVEL-OF-SERVICE

Level of service (LOS), as described in the 1985 Highway Capacity Manual (Special Report 209, Transportation Research Board, as amended), is a qualitative measure of the operational conditions within a traffic stream and their perceptions by motorists. Levels of service are defined in terms of delay for signalized intersections and reserve capacity for unsignalized intersections. Six levels of service (A through F) are defined for each type of facility, with LOS "A" representing least congested operating conditions and LOS "F" representing a breakdown in operating conditions.

MAJOR INTERSECTION

The intersection of any arterial or collector street with any other arterial or collector street as defined by the Highway Classification Map of the Borough or the equivalent document of adjacent municipalities where appropriate. The transportation engineer shall seek guidance from the Planning Commission prior to the initiation of the traffic impact study to ensure agreement of the location of major intersections.

Other transportation-related improvements which are generally not contiguous with the property being developed and not required as an on-site improvement but found to be necessary, partly or wholly as a result of the proposed development.

ON-SITE TRANSPORTATION IMPROVEMENTS

All improvements on or adjacent to the development site in the public right-of-way required to be constructed by the developer pursuant to any ordinance, resolution or requirement of the Borough.

PUBLIC TRANSIT

Transportation services for the general public provided by a common carrier of passengers generally but not necessarily on a regular route basis, by a public authority or a private operator offering service to the public.

STUDY AREA

The study shall be defined by two concentric circles at each access point:

The first circle shall have a radius of 1/2 mile from each access point and shall include all intersections along all roadways on which the tract has frontage and all major intersections on all other roadways.

The second circle shall have a radius of one mile from each access point and include all major intersections on all roadways on which the tract has frontage. In the case that no major intersections are encountered on frontage roadways within either the 1/2 or one mile radius areas, the study area shall be extended along frontage roadways to at least the first major intersection in each direction.

Proposals that will generate more than 2,500 new average daily trips shall expand the first concentric circle to a one mile radius and the second circle to a two mile radius.

WARRANTS FOR TRAFFIC SIGNAL INSTALLATION

All intersections identified in the study area should be examined, even if the intersections are located outside of the Borough. The transportation engineer shall seek guidance from the Planning Commission prior to the initiation of the traffic impact study to ensure agreement on the study area boundaries.

TRIP

A one way trip into or out of the premises, and not what is commonly referred to as a "round trip."

TRIP GENERATION RATES

The total count of trips to and from a study site per unit of land use, as measured by parameters like dwelling units or acres. The Institute of Transportation Engineers (ITE) Trip Generation Report (Third Edition, as amended) shall be referenced to determine specific rates.

A series of tests which detail the minimum traffic or pedestrian volumes or other criteria necessary for the installation of a traffic signal. These warrants are contained in the Manual on Uniform Traffic Control Devices for Streets and Highways (U.S. Department of Transportation, Federal Highway Administration, 1978, as amended).

§ 415-125 Procedure for conditional use applications.

[Added 5-8-2000 by Ord. No. 00-3; amended 3-11-2004 by Ord. No. 2004-05]

An application for any conditional use as specified in the various parts of this chapter shall be considered by the Borough Council according to the following procedure:

Application.

The application shall be submitted to the Borough Council.

The application shall include the request for approval of a conditional use and sufficient information to document compliance with the applicable standards of this chapter; a tentative sketch plan of the proposed development shall be included.

If necessary, the Borough Council shall submit one copy of the application to the Montgomery County Planning Commission for its advisory review and other copies to agencies and/or technical consultants whose reviews may be relevant.

Public hearing.

The Borough Council shall schedule a public hearing within 60 days of the application date to consider the proposal and render a written decision within 45 days after the last hearing before Borough Council. When the application is contested or denied, each decision shall be accompanied by findings of fact or conclusions based thereon, together with any reasons therefor.

The Borough Council shall consider the comments and recommendations of the Montgomery County Planning Commission, other advisors and those present at the public hearing prior to deciding to approve or deny the proposed use and any condition to be imposed upon approval.

An applicant for a conditional use shall have the burden of establishing the following:

The suitability of the property for the use desired. Assure the Borough Council that the proposed change is consistent with the spirit, purpose and intent of this chapter and any applicable Comprehensive Plan, be it a Regional or Borough Comprehensive Plan.

That the proposed use will not substantially injure or detract from the use of neighboring property from the character of the neighborhood and that the use of the adjacent property is adequately safeguarded.

That the proposed change will serve the best interest of the Borough, the convenience of the community (where applicable) and the public welfare.

That the effect of the proposed change will not adversely affect the logical, efficient, and economical extension of public services and facilities such as public water, sewers, police and fire protection, and public schools.

The suitability of the proposed location of the use with respect to probable effects upon highway traffic.

Adequate access arrangements in order to protect major roads from undue congestion and hazard.

In the consideration of an application for a conditional use, the Borough Council shall:

Be guided in its study, review and recommendation by sound standards of subdivision and land development practice where applicable.

Impose such conditions and safeguards in addition to those required as are necessary to assume that the intent of this chapter and applicable Comprehensive Plan, be it a Regional or Borough Comprehensive Plan, are complied with, which conditions may include (but are not limited to) harmonious design of buildings, planting and its maintenance as a sight or a sound screen, the minimizing of noxious, offensive or hazardous elements, and adequate standards of parking, loading and sanitation.

Be limited to the consideration of applications as they relate to ordinance provisions in effect at the time of the application. The Council shall retain the exclusive right to enact and amend ordinances.

Expiration of conditional uses. Unless otherwise specified in the decision of the Borough Council, a conditional use shall expire if the applicant fails to obtain a building permit in connection therewith within one year of the date of the order of the Council or court granting such conditional use. In those instances where land development or subdivision approval is a necessary prerequisite prior to obtaining a building permit, the conditional use shall expire if the applicant fails to make a diligent effort to obtain such approval within six months following the date of conditional use approval. Upon receipt of land development approval, the conditional use shall expire if a building permit is not obtained within six months of the date of land development approval.

§ 415-126 Demolition of historical structures.

[Added 3-11-2004 by Ord. No. 2004-03]

The Borough of Green Lane has identified three structures listed as Protected Historic Resources on the Green Lane Borough Zoning Map dated December 2003, as amended ("Protected Historic Resource"). A Protected Historic Resource may not be demolished, either actively or by neglect, as defined in this chapter, until the applicant obtains a permit. The permit shall not be issued until the applicant demonstrates that there is no viable use for the structure or any reasonable possibility of structurally saving the Protected Historic Resource. If the applicant meets this standard, a conditional use shall be issued by the Borough Council.

Upon receipt of an application, plan or permit request that includes the demolition of Protected Historic Resources, the Zoning Officer shall forward the application, plan or permit request to the Borough Council and Borough Planning Commission.

The applicant shall appear at a Borough Planning Commission meeting to discuss the reasons for the demolition, possible options for reuse of the Protected Historic Resource, and other alternatives for preventing the demolition of the Protected Historic Resource. The applicant shall supply to the Borough Planning Commission at the meeting:

Recent photographs of the Protected Historic Resource.

A site plan and architectural drawings prepared by a registered architect or engineer.

The Borough Planning Commission shall review the material, and the applicant shall be given the option to pursue an alternative to demolition, or to pursue demolishing the Protected Historic Resource upon the grant of a conditional use by the Borough Council.

The Borough Council shall consider, in making its decision regarding the grant of a conditional use, the recommendation of the Borough Planning Commission. The Borough Council may impose reasonable conditions upon the grant of a conditional use and may draft a list of recommendations and alternatives to demolition, which shall be promptly forwarded to the applicant.

Demolition by neglect. All Protected Historic Resources listed on the Green Lane Borough Zoning Map dated December 2003, as amended, shall not be subject to demolition by neglect. The Zoning Officer shall investigate, or shall request that other law enforcement officials investigate, the possible demolition of a Protected Historic Resource by neglect. If demolition by neglect is determined by the investigation, the enforcement provision of this ordinance shall be applied.

Enforcement. Violation of this section by altering, demolishing, demolishing by neglect, or changing the use of a structure listed as a Protected Historic Resource on the Green Lane Borough Zoning Map dated December 2003, as amended, without having first having followed the procedures described in this ordinance, shall result in enforcement remedies as provided in this Chapter 415, Zoning, of the Code the Borough of Green Lane.

§ 415-127 Forestry uses.

[Added 3-11-2004 by Ord. No. 2004-04]

Forestry, as defined in Article XXI, § 415-152, shall be permitted in any zoning district in the Borough, subject to the following regulations and requirements:

Forestry activities. Shall be practiced in accordance with accepted silvicultural principles, through developing, cultivating, harvesting, transporting, and selling of trees for commercial purposes. A woodlot maintenance and management plan shall be filed with the Borough which shall provide measures for erosion and sedimentation control and the immediate replanting of trees on areas where existing tree growth has been harvested. In addition, the following information shall be provided:

Statement of proposed forestry activity.

General time frame for completion of forestry activities and replanting.

An inventory of all trees to be removed, which shall be conducted by a certified arborist.

Setbacks. Buildings, including accessory structures, and the harvesting or cutting of timber which is part of any forestry operation within the Borough shall be set back from property lines and road frontages as follows:

Front yard setback: 100 feet;

Side yard setback: 100 feet;

Rear yard setback: 100 feet;

Setback from any residential building: 100 feet;