Nothing herein contained shall be construed to render inoperative
any enforceable restriction established by covenants running with
the land and which restrictions are not prohibited by or are not contrary
to the regulations herein established.
A lot of record on the Borough plan or of record title upon
a plan or separately described in a deed and recorded in the office
of the Recorder of Deeds of Montgomery County and which is in single
and separate ownership at the time of the enactment of this chapter,
where such owner does not own adjoining land or lots and where it
is not financially feasible to acquire adjoining land or lots from
other owners, may be used for a use permitted in the district in which
it is located upon a finding by the Zoning Hearing Board that the
lot size is reasonably close to the minimum and maximum regulations
under this article.
No lot shall be so reduced that the area of the lot or the dimensions
of the required open spaces shall be less than herein prescribed by
the chapter.
The front yard requirements for all residential districts may
be modified in accordance with the following conditions:
A. Where an unimproved lot of record is situated between two improved
lots on the same street frontage, the front yard requirement may be
modified to the extent that the front yard may match either the closest
or furthest existing front yard on either side of the unimproved lot,
provided that the structures located on the improved lots are within
100 feet of the unimproved lot.
B. Where an unimproved lot of record is situated between an improved
lot and an unimproved lot on the same street frontage, the front yard
requirement may be modified to the extent that the front yard may
match the front yard established by the existing improved lot.
C. Where an unimproved lot of record is situated between unimproved
lots, then the lot in question may match the existing setback of the
closest structure, on either side, within 100 feet. If there are no
structures located within 100 feet, then the existing front yard setback
shall apply.
On any lot, no wall, sign, fence or other structure shall be
erected, altered or maintained and no hedge, tree, shrub or other
growth shall be planted or maintained over three feet in height which
will interfere with or obstruct vehicular or pedestrian vision at
any intersection of streets or any street and crosswalk.
Unless otherwise noted, the following performance standards
apply to all uses in all districts in the Borough:
A. Smoke control. Visible air contaminants shall not be emitted in such
a manner that the opacity of the emissions is equal to or greater
than 10% for a period or periods aggregating more than three minutes
in any one hour or equal to or greater than 30% at any time and shall
comply with 25 Pa. Code Chapter 127A(7) or its most recent update.
B. Particulate, vaporous and gaseous emissions.
(1) No emission shall be made which can cause any damage to health, animals
or vegetation or other forms of property or which can cause any excessive
soiling at any point.
(2) No emission of particulate matter shall exceed 0.0115 grams per dry
standard cubic foot, correct to 7% oxygen. Provisions shall be made
to reduce dew point cycling and resulting damage to particulate control
devices.
(3) For measurement of the amount of particles in gases resulting from
combustion, standard correction shall be applied to a stack temperature
of 500° F. and 50% excess air.
C. Hazardous air emission. All emissions shall comply with National
Emissions Standards for Hazardous Air Pollutants promulgated by the
United States Environmental Protection Agency under the Federal Clean
Air Act (42 U.S.C. § 7412), as promulgated in 40 CFR Part
61 or its most recent update.
D. Noise control. At no point within or at the boundary of a residence
or business district shall the sound-pressure level of any operation
exceed the described levels in the designated octave bands shown below
for the districts indicated. Objectionable noises, due to intermittence,
beat frequency or shrillness, shall be muffled so as not to become
a nuisance to adjacent uses:
SOUND LEVELS
Maximum Permitted Sound
|
---|
Octave Band
(cycles per second)
|
Level Along Residential District Boundaries
(decibels)
|
Level at Any Other Point on the Lot Boundary
(decibels)
|
---|
0 to 75
|
72
|
79
|
75 to 150
|
67
|
74
|
150 to 300
|
59
|
66
|
300 to 600
|
52
|
59
|
600 to 1,200
|
46
|
53
|
1,200 to 2,400
|
40
|
47
|
2,400 to 4,800
|
34
|
41
|
Above 4,800
|
32
|
39
|
E. Odor control:
(1) No person shall cause, suffer or permit the emission into the outdoor
atmosphere of any malodorous air contaminants from any source in such
a manner that the malodors are detectable outside the property of
the person where the source is being generated.
(2) The prohibition on odors shall not apply to odor emissions arising
from the premises of a farm operation.
(3) Any process which causes an odor emission shall be operated in a
manner such that escaping odors are eliminated. Backup odor-reduction
equipment shall be maintained to support primary odor-reduction equipment.
F. Glare and heat control. Any operation producing intense glare or
heat shall be performed within an enclosed building or behind a solid
fence in such manner as to be completely imperceptible from any point
beyond the lot lines.
G. Vibration control. No vibration which is discernible to the human
sense of feeling shall be perceptible at any point beyond the lot
line.
H. Radioactivity and electrical disturbance control. There shall be
no activities which emit dangerous or harmful radioactivity. There
shall be no electrical disturbance (except from domestic household
appliances) adversely affecting the operation of any equipment located
beyond the property of the creator of such disturbance.
I. Fire and explosive hazards. Flammable and explosive materials shall
be stored, used and transported in accordance with applicable state
and federal regulations regarding such materials and associated storage
vessels.
The Zoning Hearing Board may grant a special exception for the conversion of any existing single-family detached dwelling into no more than two additional dwelling units in the R-1, R-2, R-3, R-4 and BR Districts, subject to the provisions of Article
XIX of this chapter and the following restrictions.
A. Minimum unit size. The size of each existing or newly created dwelling
unit shall be a minimum of 400 square feet, plus 100 square feet for
each bedroom. For example:
Number of Bedrooms in Unit
|
Minimum Square Footage Required per Unit
|
---|
0 (efficiency)
|
400
|
1
|
500
|
2
|
600
|
B. Number of units permitted.
(1) Minimum lot size. In order to qualify for a residential conversion,
the existing dwelling unit shall be located on a parcel that meets
the minimum lot size requirement for a single-family detached dwelling
in the zoning district where the dwelling is located and shall provide
an additional 3,500 square feet per lot for each additional unit.
(2) Total units. Regardless of the size or number of existing dwelling
units, the total number of dwelling units on any one parcel after
conversion shall not exceed three.
(3) Restriction from development. Within 30 days of having obtained a
use and occupancy permit for any conversion unit(s), the applicant
shall record with the Montgomery County Recorder of Deeds deed restrictions,
easements or private covenants which shall be acceptable to the Borough
Solicitor for the purpose of permanently restricting from further
subdivision or land development the land area required by this section.
C. General standards.
(1) There shall be no external alteration of the building except as may
be necessary for reasons of safety or improved design for otherwise
permitted units. Any alterations shall reflect the architectural character
of the existing building. Fire escapes and outside stairways shall,
where practicable, be located to the rear of the building.
(2) Each dwelling unit shall have two direct means of access to the outdoors
or to a hall which directly accesses the outdoors.
(3) All residential conversions shall comply with the off-street parking requirements of Article
XIII of this chapter. All dwelling units shall share the existing driveway entrance(s) to the existing dwelling unit.
(4) All dwelling units shall be provided with smoke detectors and a fire
extinguisher. A dwelling unit located at or above the second story
of a converted structure shall have a fire escape.
Except as set forth in §
95-166 of this chapter, each and every lot shall abut a public street for at least 25 feet at the right-of-way line of the public street; and said 25 feet shall be usable for purposes of ingress and egress to the lot unless otherwise stated.
The provisions of this chapter shall not be so construed 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 construction
or installation upon the public safety and the character of the adjacent
neighborhood.
No building and no part of a building shall be erected within
or shall project into any required yard in any district, except that:
A. 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.
B. 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.
C. A porte cochere or carport may be erected over a driveway in a required
side yard, provided that such structure is:
(1) Not more than 14 feet in height and 20 feet in length.
(2) Entirely open on at least three sides, exclusive of the necessary
supporting columns and customary architectural features.
D. A buttress, chimney, cornice, pier or pilaster of a building may
project not more than 18 inches into a required yard.
E. Open, unenclosed fire escapes, steps, bay windows and balconies may
project not more than three feet into a required yard.
Common elements, including but not limited to open space, recreation,
sewer, water and stormwater management facilities which will not be
publicly owned, shall be subject to a form of ownership established
in private agreements acceptable to the Borough Council, upon recommendation
of the Borough Solicitor. Such private ownership may include, but
is not limited to, corporate, individual, condominium, landlord or
fee-simple homeowners' or landowners' associations and shall
be governed by the following:
A. Access to and use of these common elements may be restricted to the
following:
(1) Property owners or tenants within the development.
(2) Nearby property owners or tenants who wish to join.
B. Perpetual maintenance shall be guaranteed by trust indenture or similar
instrument, which:
(1) Shall be recorded with the Recorder of Deeds of Montgomery County
simultaneously with the recording of the final plan.
(2) Shall restrict the common elements by deed restrictions granting
the Borough the right to enforce the restrictions.
(3) Shall include provisions for:
(a)
Bonds posted by the developer to cover expenses incurred before
formation of a homeowners' association.
(b)
Adjustment of association fees to account for inflation.
(c)
A reserve fund to cover capital improvements and/or unforeseen
major maintenance requirements.
(d)
Funds for professional management.
(4) Shall authorize the Borough to maintain the common elements and assess
the private ownership accordingly if private ownership fails to function
as required in the private agreements. This shall include, but need
not be limited to:
(a)
Failure to clear streets and parking areas of snow.
(b)
Failure to maintain stormwater control facilities.
(c)
Failure to correct any hazardous conditions.
(d)
Failure to perform, abide by and complete any duties, obligations
or requirements as set forth in the private agreements and/or the
final plan approval of the Borough Council.
Transportation impact studies shall, when required, be prepared pursuant to §
85-122, Transportation impact study, of the Subdivision and Land Development Ordinance.
All landscaping and buffer requirements shall meet standards set forth in Chapter
85, Subdivision and Land Development.
Borough Council shall have the power to approve or disapprove
of an application for conditional use when this chapter specifically
requires the approval of such, in accordance with following procedure:
A. Application procedure.
(1) The application shall be in writing submitted to Borough Council
using the approved forms during regular business hours. The applicant
shall be accompanied by the required fee as set by the adopted fee
schedule.
(2) The application shall be accompanied by site plans, building plans,
impact statements, and other materials describing the use or development
proposed. Such plans and other materials shall provide a sufficient
basis for evaluating the applicant's request.
B. Review procedures.
(1) General.
(a)
Borough Council may impose whatever conditions it deems necessary
to ensure that any proposed conditional use will be in harmony with
the objectives of this chapter.
(b)
Borough Council shall request an advisory opinion from the Borough
Planning Commission on any application for conditional use. The Planning
Commission shall submit a report of such opinion prior to the date
of the public hearing to be held by Borough Council.
(c)
If necessary, 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.
(d)
Borough Council shall hold a public hearing upon the request
within 60 days of the applicant filing a complete application. This
sixty-day period may be extended when formally requested or agreed
to by the applicant.
(e)
The burden of proof in a conditional use application shall be
on the applicant to establish that the proposed use meets all the
requirements and objectives of this chapter.
(2) Public hearing. Borough Council shall conduct hearings pursuant to
public notice and shall send notice of the proposed conditional use
hearing to contiguous property owners at the same time, and make decisions
in accordance with the following:
(a)
The parties to the hearing shall be the Borough, any person
affected by the application who has made timely appearance of record,
and any other person. Borough Council may require that all persons
who wish to be considered parties enter appearances, in writing, on
forms provided for that purpose.
(b)
The parties shall have the right to be represented by counsel
and shall be afforded the opportunity to respond and present evidence
and argument, and cross-examine adverse witnesses on all relevant
issues.
(c)
The Borough, at its own discretion, may require a stenographic
record of the proceedings. The transcript of such may be made available
to any party upon request and at cost.
(d)
Borough Council shall render a written decision or, when no
decision is called for, make written findings on a conditional use
application within 45 days after the last hearing before the Borough
Council. Where the application is contested or denied, each decision
shall be accompanied by findings of fact or conclusions based thereon,
together with any reasons therefor. Notwithstanding the forty-five-day
window, Borough Council shall render a written decision on an application
within five days of rendering a verbal decision.
C. Criteria for conditional use approval. In addition to the requirements
of the Pennsylvania Municipalities Planning Code (MPC) and the use-specific standards set forth in Article
IV, Use Regulations, the following criteria shall be considered by the Borough Council:
(1) Consistency with the goals, objectives, and recommendations of the
Upper Perkiomen Valley Comprehensive Plan, the Montgomery County Comprehensive
Plan, and any relevant Borough-sponsored study.
(2) Suitability of the proposed use at the proposed location. Borough
Council shall consider the impact of the proposed use on adjacent
properties and the surrounding area.
(3) Community character. Borough Council shall consider the impact of
the proposed use on the community. The scale and design of development
shall be reviewed in order to ensure that the development is architecturally
compatible with the existing community.
(4) Nuisance/safety. The proposed use shall not generate excessive noise,
noxious odors, air pollution, or lighting that could be a nuisance
or safety hazard to the general public. The layout of vehicle and
pedestrian facilities must be safe for all users.
(5) Traffic impacts. The existing road network must be able to support the traffic generated by the proposed use safely and efficiently. A transportation impact study may be required in order to determine the full impact of the proposed use; such study shall be prepared pursuant to §
85-122, Transportation impact study, of the Subdivision and Land Development Ordinance.
(6) Public utilities. The proposed use shall be served by public sewer
and water.
(7) Conditions. Borough Council may require adjustments to the proposal
as a condition of approval. Examples of conditions may include, but
are not limited to:
(b)
Alternate circulation patterns for vehicles, bicyclists, and
pedestrians.
(c)
Increased setbacks, if it will reduce impacts on adjacent property
owners or screen view from the public right-of-way.
(d)
Landscape buffers or fences, if the provision of such will reduce
impacts on adjacent property owners or screen view from the public
right-of-way.
(e)
Limitation on the permitted hours of operation so as to minimize
impacts on the surrounding community.
(f)
Other changes deemed necessary by Borough Council to meet the
goals and objectives of this chapter.
A. Intent.
(1) To establish uniform standards for the siting, design, permitting,
maintenance, and use of wireless telecommunications facilities in
the Borough of East Greenville.
(2) To promote the health, safety, and welfare of Borough residents and
businesses with respect to wireless telecommunications facilities.
(3) To provide for the managed development of wireless telecommunications
facilities in a manner to provide adequate wireless telecommunications
services within the Borough in accordance with federal and state laws
and regulations.
(4) To establish procedures for the design, siting, construction, installation,
maintenance, and removal of wireless telecommunications facilities
in the Borough, including facilities both inside and outside the public
rights-of-way.
(5) To address new wireless technologies, including, but not limited
to, distributed antenna systems, data collection units, cable Wi-Fi,
and other wireless telecommunications facilities.
(6) To encourage the co-location of wireless telecommunications facilities
on existing structures rather than the construction of new wireless
support structures.
(7) To protect Borough residents from potential adverse impacts of wireless
telecommunications facilities and preserve, to the extent permitted
under law, the visual character of established communities and the
natural beauty of the landscape.
B. Applicability.
(1) New wireless telecommunications facility structures. All new wireless
supports and wireless telecommunications facilities in the Borough,
not in existence on the effective date of this article, shall be subject
to these regulations.
(2) Previously approved wireless telecommunication facilities. Except
with regard to additions or substantial modifications, wireless telecommunications
facilities in existence prior to the effective date of this article,
if previously approved by the Borough, shall not be required to meet
the requirements of this article.
(3) Amateur radio station operators or receive-only antennas. This article
shall not govern any support structure, or the installation of any
antenna array, that is owned and operated by a federally licensed
amateur radio station operator or is used exclusively for receive-only
and/or noncommercial antennas.
C. Application and review procedure.
(1) Application. All applications for permits filed pursuant to this
section shall be on a form, paper or electronic, provided by the Borough.
The applicant may designate portions of its application materials
that it reasonably believes contain proprietary or confidential information
as "proprietary" or "confidential" by clearly marking each page of
such materials accordingly.
(2) Application requirements. Any application submitted pursuant to this
section shall contain the following:
(a)
The wireless provider's name, address, telephone number,
and email address.
(b)
The applicant's name, address, telephone number, and email
address, if different than the wireless provider, and its interest
in the work.
(c)
The names, addresses, telephone numbers, and email addresses
of all consultants, if any, acting on behalf of the applicant with
respect to the filing of the application.
(d)
Proof of the site owner's consent, if the applicant is
not the owner of the site on which the applicant seeks to locate a
commercial telecommunications facility.
(e)
A general description of the proposed work and the purposes
and intent of the wireless telecommunications facility. The scope
and detail of such description shall be appropriate to the nature
and character of the work to be performed, with special emphasis on
those matters likely to be affected or impacted by the work proposed.
(f)
An attestation that, to the best of the applicant's knowledge,
the information contained in the application is true.
(3) Supporting documentation. The following supporting documentation
shall be submitted at the time of initial application submission:
(a)
A site plan, with sufficient detail to show the proposed location
of items the applicant seeks to install.
(b)
Drawings pertaining to installation, stamped by a licensed professional
engineer, prepared by the manufacturer or applicant.
(c)
The proposed maintenance and inspection schedule.
(d)
A preliminary or a certified statement that the installation
of the antennas, including reception and transmission functions, will
not interfere with the radio or television service enjoyed by adjacent
residential and nonresidential properties or with public safety telecommunications.
In the event only a preliminary statement is submitted with the application,
a final certified statement on noninterference will be provided and
approved by the Borough prior to the issuance of a permit. A Borough-approved
professional engineer shall prepare the statement.
(e)
A safety analysis and certification by a licensed professional
engineer that the proposed telecommunications facility will be in
compliance with all applicable FAA and FCC laws and regulations.
(f)
Proof of FCC license, including the name, address, and emergency
telephone number for the operator of the facility.
(4) Permit fees.
(a)
Tower-based wireless telecommunications facilities. 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 wireless telecommunications
facility, as well as related inspection, monitoring and related costs.
[1]
In the case of tower-based wireless telecommunications facilities
designed as small cell facilities, the applicant shall pay a fee of
$1,000 for each new associated pole used with the small wireless facility.
Fees shall be in compliance with the Small Wireless Facilities Deployment
Act ("Act"), 53 P.S. § 11704.1 et seq., and can be changed
by resolution of Borough Council.
(b)
Non-tower wireless telecommunications facilities. 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 wireless telecommunications
facilities or $1,000, whichever is less.
[1]
In the case of non-tower wireless telecommunications facilities
designed as small wireless facilities, the applicant shall pay a fee
of $500 for a single up-front application that includes up to five
small wireless facilities, with an additional $100 for each small
wireless facility beyond five; and $1,000 in nonrecurring fees for
each new or replacement utility pole. Fees shall be in compliance
with the Small Wireless Facilities Deployment Act ("Act"), 53 P.S.
§ 11704.1 et seq., and can be changed by resolution of Borough
Council.
(5) Review of applications.
(a)
Tower-based wireless telecommunications facilities. Within 30 calendar days of the date that an application for a tower-based wireless telecommunications facility is filed with the Borough, the Borough shall notify the applicant if the application has been deemed incomplete and the process outlined in Subsection
C(5)(d), below, shall commence. All applications for tower-based wireless telecommunications facilities shall be acted upon within 150 days of the receipt of a fully completed application for the approval of such tower-based wireless telecommunications facility, 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.
(b)
Non-tower wireless telecommunications facilities. Within 30 calendar days of the date that an application for a non-tower wireless telecommunications facilities is filed with the Borough, the Borough shall notify the applicant if the application has been deemed incomplete and the process outlined in Subsection
C(5)(d), below, shall commence. 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.
(c)
Small wireless facility. Within 10 calendar days of the date that an application for a small wireless facility is filed with the Borough, the Borough shall notify the applicant if the application has been deemed incomplete and the process outlined in Subsection
C(5)(d), below, shall commence. Within 60 calendar days of receipt of a complete application for a new small wireless facility or within 30 days of receipt of a complete application for co-location of a small wireless facility, 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.
(d)
Incomplete applications. When an application is deemed incomplete
by the Borough, the Borough shall provide written notice to the applicant,
and shall identify the missing documents or information, and shall
cite the applicable rule or regulation in support. The times set forth
above shall restart at zero on the date which the applicant submits
all the documents and information identified by the Borough to make
the application complete. If the applicant's supplemental submission
fails to make the application complete, and the Borough notifies the
applicant within 10 days of the supplemental submission and identifies
the missing documents or information, the applicable times set forth
above shall be tolled until the applicant provides the missing documents
and information. The time shall restart on the date when the applicant
submits all the documents and information identified by the Borough
to render the application complete.
(6) Permit scope and effect. Installation, modification, or co-location
for which a permit is granted pursuant to this section shall be completed
within one year after the permit issuance date unless the Borough
and the applicant agree to extend this period or a delay is caused
by the lack of commercial power or communications facilities at the
site. Approval of an application authorizes the applicant to:
(a)
Undertake the installation, modification, or co-location; and
(b)
Subject to applicable relocation requirements and the applicant's
right to terminate at any time, operate and maintain the wireless
telecommunications facilities for a period of not less than 10 years.
(7) Consolidated applications option for small wireless facilities.
(a)
An applicant may submit a consolidated application for up to
20 small wireless facilities, if all the small wireless facilities
in the consolidated application are substantially the same type.
(b)
If the Borough denies the application for one or more small
wireless facilities in a consolidated application, the Borough may
not use the denial as a basis to delay the application process of
any other small wireless facility in the same consolidated application.
(c)
A single permit may be issued for siting and co-locating multiple
small wireless facilities spaced to provide wireless coverage in a
contiguous area.
D. General requirements for all wireless telecommunications facilities.
(1) Standard of care. Any wireless telecommunications facility and any
associated wireless support structure 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, if applicable. Any wireless telecommunications
facility and any associated wireless support structure 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.
(2) Compliance with local, state, and federal standards. All telecommunications
facilities shall meet or exceed all applicable federal, state and
local laws, rules, standards or regulations of the FCC and the FAA.
If such standards, rules, laws or regulations are changed or amended,
at any time in the future, then the owners of such facilities shall
bring those facilities into compliance with such revised regulations
if such changes or amendments provide for existing communications
towers and/or antennas to be brought into compliance.
(3) Wind. Any wireless support structure shall be designed to withstand
the effects of wind according to the standard designed by the American
National Standards Institute (ANSI).
(4) Public safety communications. No wireless telecommunications facility
shall interfere with public safety communications or the reception
of broadband, television, radio or other communication services enjoyed
by occupants of nearby properties.
(5) Radio frequency emissions. No wireless telecommunications facility
may, by itself or in conjunction with other wireless telecommunications
facilities, generate radio frequency emissions in excess of the standards
and regulations of the FCC.
(6) Lighting. Wireless supports and wireless telecommunications facilities
shall not 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.
(7) Existing vegetation. The applicant shall ensure that existing vegetation,
trees and shrubs located on the site of the proposed facility shall
be preserved and/or replaced to the maximum extent possible.
(8) Maintenance. All wireless supports and wireless telecommunications
facilities shall be fully automated and unattended on a daily basis
and shall be visited only for maintenance or emergency repair. Such
maintenance shall be performed to ensure the upkeep of the facility
in order to promote the safety and security of the Borough's
residents and businesses. All modifications and utilized materials
shall be nothing less than the best available technology for preventing
failures and accidents. All maintenance shall be ordered and repaired
by qualified maintenance and construction personnel.
E. 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, which shall only be permitted upon
issuance of conditional use approval by Borough Council:
(1) Development regulations:
(a)
Prohibited in residential zones. No tower-based wireless telecommunications facility shall be located in a district zoned residential or within 500 feet of a lot in residential use or a residential district boundary. Tower-based wireless telecommunications facilities are permitted only in the LI Limited Industrial District, pursuant to Article
XI of this chapter.
(b)
Gap in coverage. An applicant for a tower-based wireless telecommunications
facility shall demonstrate that a significant gap in wireless coverage
or capacity exists with respect to its network in the applicable area
and that the type of wireless telecommunications facility being proposed
is the least intrusive means by which to fill that gap. The existence
or nonexistence of a gap shall be a factor in the Borough's decision
on an application for approval of tower-based wireless telecommunications
facilities.
(c)
Sole use on a lot. A tower-based wireless telecommunications
facility is permitted as a sole use on a lot, subject to the minimum
lot area and yards complying with the requirements for the applicable
zoning district.
(d)
Combined with another use. A tower-based wireless telecommunications
facility may be permitted on a property with an existing use or on
a vacant parcel in combination with another industrial, commercial,
institutional or municipal use, subject to the following conditions:
[1]
The existing use on the property may be any permitted use in
the applicable district and need not be affiliated with the communications
facility.
[2]
Minimum lot area. The minimum lot shall comply with the requirements
for the applicable district and shall be the area needed to accommodate
the tower-based wireless telecommunications facility and guy wires,
the equipment building, security fence, and buffer planting.
[3]
Minimum setbacks. The tower-based wireless telecommunications
facility and accompanying equipment building shall comply with the
requirements for the applicable zoning district, provided that no
tower-based wireless telecommunications facility shall be located
within 500 feet of a lot in residential use or a residential district
boundary.
(e)
Notice by applicant. Upon submission of an application for a
tower-based wireless telecommunications facility, the applicant shall
mail notice to all owners of every property within 500 feet of the
proposed facility. The applicant shall provide proof of mailing of
the notification to the Borough.
(f)
Co-location. An application for a new tower-based wireless telecommunications
facility shall not be approved unless the Borough finds that the wireless
communications equipment planned for the proposed tower-based wireless
telecommunications facility cannot be accommodated on an existing
or approved structure or building. Any application for approval of
a tower-based wireless telecommunications facility shall include a
comprehensive inventory of all existing towers and other suitable
structures within a two-mile radius from the point of the proposed
tower, unless the applicant can show to the satisfaction of the Borough
that a different distance is more reasonable, and shall demonstrate
conclusively why an existing tower or other suitable structure cannot
be utilized.
(2) Design regulations:
(a)
The wireless telecommunications facility shall employ the most
current stealth technology available in an effort to appropriately
blend into the surrounding environment and minimize aesthetic impact.
The application of the stealth technology chosen by the wireless telecommunications
facility applicant shall be subject to the approval of the Borough.
(b)
Any height extensions to an existing tower-based wireless telecommunications
facility shall require prior approval of the Borough. The Borough
reserves the right to deny such requests based upon aesthetic and
land use impact, or any other lawful considerations related to the
character of the Borough.
(c)
Any proposed tower-based wireless telecommunications facility
shall be designed structurally, electrically, and in all respects
to accommodate both the wireless telecommunications facility applicant's
antennas and comparable antennas for future users.
(3) Fencing and screening requirements:
(a)
A security fence having a minimum height of six feet shall completely
surround any tower-based wireless telecommunications facility, guy
wires, or any building housing wireless telecommunications facility
equipment.
(b)
An evergreen screen that consists of a hedge or a row of evergreen
trees shall be located along the perimeter of the security fence.
(c)
The wireless telecommunications facility applicant shall submit
a landscape plan for review and approval by the Borough Engineer for
all proposed screening.
(4) Accessory equipment:
(a)
Ground-mounted equipment associated to, or connected with, a
tower-based wireless telecommunications facility shall be underground.
In the event that an applicant can demonstrate that the equipment
cannot be located underground to the satisfaction of the Borough Engineer,
then the ground-mounted equipment shall be screened from public view
using stealth technologies, as described above.
(b)
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 requirements of the underlying
zoning district.
(5) Additional antennas. As a condition of approval for all tower-based
wireless telecommunications facilities, the wireless telecommunications
facility applicant shall provide the Borough with a written commitment
that it will allow other service providers to co-locate antennas on
tower-based wireless telecommunications facilities where technically
and economically feasible. The owner of a tower-based wireless telecommunications
facility shall not install any additional antennas without obtaining
the prior written approval of the Borough.
(6) Access road. An access road, turnaround space and parking shall be
provided to ensure adequate emergency and service access to a tower-based
wireless telecommunications facility. Maximum use of existing roads,
whether public or private, shall be made to the extent practicable.
Road construction shall at all times minimize ground disturbance and
the cutting of vegetation. Road grades shall closely follow natural
contours to assure minimal visual disturbance and minimize soil erosion.
Where applicable, the wireless telecommunications facility owner shall
present documentation to the Borough that the property owner has granted
an easement for the proposed facility.
(7) Financial security. Prior to the issuance of a permit, the owner
of a tower-based wireless telecommunications facility outside the
right-of-way shall, at its own cost and expense, obtain from a surety
licensed to do business in Pennsylvania and maintain a financial security
acceptable to the Borough Solicitor, in an amount of $100,000, to
assure the faithful performance of the terms and conditions of this
article. The financial security shall provide that the Borough may
recover from the principal and surety any and all compensatory damages
incurred by the Borough for violations of this article, after reasonable
notice and opportunity to cure. The owner shall file the financial
security with the Borough.
(8) Visual or land use impact. The Borough reserves the right to deny
an application for the construction or placement of any tower-based
wireless telecommunications facility based upon visual and/or land
use impact.
F. Tower-based facilities in the rights-of-way. The following additional
regulations shall apply to tower-based wireless communications facilities
located in the rights-of-way, which shall only be permitted upon issuance
of conditional use approval by Borough Council:
(1) Development regulations:
(a)
Restrictions as to placement. Unless designed as a small wireless
facility, tower-based wireless telecommunications facilities are only
permitted in the LI Limited Industrial District, provided they are
not within 500 feet of a lot in a residential use or a residential
district boundary. If designed as a small wireless facility, a tower-based
wireless telecommunications facility is permitted within a residential
zone or within 500 feet of a lot in residential use or a residential
district boundary if proposed on a utility pole and located within
100 feet of aboveground utility lines.
(b)
Gap in coverage. An applicant for a tower-based wireless telecommunications
facility shall demonstrate that a significant gap in wireless coverage
or capacity exists with respect to its network in the applicable area
and that the type of wireless telecommunications facility being proposed
is the least intrusive means by which to fill that gap. The existence
or nonexistence of a gap shall be a factor in the Borough's decision
on an application for approval of tower-based wireless telecommunications
facilities in the right-of-way.
(c)
Notice by applicant. Upon submission of an application for a
tower-based wireless telecommunications facility, the applicant shall
mail notice to all owners of every property within 500 feet of the
proposed facility. The applicant shall provide proof of mailing of
the notification to the Borough.
(d)
Co-location. An application for a new tower-based wireless telecommunications
facility in the right-of-way shall not be approved unless the Borough
finds that the proposed wireless communications equipment cannot be
accommodated on an existing structure, such as a utility pole or traffic
light pole. Any application for approval of a tower-based wireless
telecommunications facility shall include a comprehensive inventory
of all existing towers and other suitable structures within a one-mile
radius from the point of the proposed tower, unless the applicant
can show to the satisfaction of the Borough that a different distance
is more reasonable, and shall demonstrate conclusively why an existing
tower or other suitable structure cannot be utilized.
(e)
Time, place and manner. The Borough shall determine the time,
place and manner of construction, maintenance, repair and/or removal
of all tower-based wireless telecommunications facilities in the right-of-way
based on public safety, traffic management, physical burden on the
right-of-way, 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.
(2) Equipment location. Tower-based wireless telecommunications facilities
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 right-of-way, as determined by the
Borough. In addition:
(a)
In no case shall ground-mounted equipment, walls, or landscaping
be located within 18 inches of the face of the curb.
(b)
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.
(c)
Required electrical meter cabinets shall be screened to blend
in with the surrounding area to the satisfaction of the Borough.
(d)
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.
(e)
Any underground vaults related to tower-based wireless telecommunications
facilities shall be reviewed and approved by the Borough.
(3) Design regulations.
(a)
The wireless telecommunications facility shall employ the most
current stealth technology available in an effort to appropriately
blend into the surrounding environment and minimize aesthetic impact.
The application of the stealth technology chosen by the wireless telecommunications
facility applicant shall be subject to the approval of the Borough.
(b)
Any height extensions to an existing tower-based wireless telecommunications
facility shall require prior approval of the Borough and shall not
increase the overall height of the tower-based wireless telecommunications
facility to more than 150 feet. The Borough reserves the right to
deny such requests based upon aesthetic and land use impact, or any
other lawful considerations related to the character of the Borough.
(c)
Any proposed tower-based wireless telecommunications facility
shall be designed structurally, electrically, and in all respects
to accommodate both the wireless telecommunications facility applicant's
antennas and comparable antennas for future users.
(d)
Visual or land use impact. The Borough reserves the right to
deny the construction or placement of any tower-based wireless telecommunications
facility in the right-of-way based upon visual and/or land use impact.
(4) Additional antennas. As a condition of approval for all tower-based
wireless telecommunications facilities in the right-of-way, the wireless
telecommunications facility applicant shall provide the Borough with
a written commitment that it will allow other service providers to
co-locate antennas on tower-based wireless telecommunications facilities
where technically and economically feasible. The owner of a tower-based
wireless telecommunications facility shall not install any additional
antennas without obtaining the prior written approval of the Borough.
(5) Damage to Borough property. A wireless provider shall repair, at
its sole cost and expense, any damages, including, but not limited
to, subsidence, cracking, erosion, collapse, weakening, or loss of
lateral support to the Borough's streets, sidewalks, walks, curbs,
gutters, trees, parkways, streetlights, traffic signals, improvements
of any kind or nature, or utility lines and systems, underground utility
line and systems, or sewer or water systems and water and sewer lines
directly resulting from any activities performed in connection with
the installation and/or maintenance of a wireless facility in the
right-of-way. The wireless provider shall restore such areas, structures,
and systems to substantially the same condition in which they existed
prior to the installation or maintenance that necessitated the repairs.
(6) 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 wireless telecommunications facility in
the right-of-way shall, at its own expense, temporarily or permanently
remove, relocate, change or alter the position of any wireless telecommunications
facility when the Borough, consistent with its police powers and applicable
Public Utility Commission regulations, shall determine that such removal,
relocation, change or alteration is reasonably necessary under the
following circumstances:
(a)
The construction, repair, maintenance or installation of any
Borough or other public improvement in the right-of-way;
(b)
The operations of the Borough or other governmental entity in
the right-of-way;
(c)
Vacation of a street or road or the release of a utility easement;
or
(d)
An emergency as determined by the Borough.
(7) Compensation for right-of-way use. In addition to permit fees as
described above, every tower-based wireless telecommunications facility
in the right-of-way is subject to the Borough's right to fix
annually a fair and reasonable compensation to be paid for use and
occupancy of the right-of-way. Such compensation for right-of-way
use shall be directly related to the Borough's actual right-of-way
management costs, including, but not limited to, the costs of the
administration and performance of all reviewing, inspecting, permitting,
supervising and other right-of-way management activities by the Borough.
The owner of each tower-based wireless telecommunications facility
shall pay an annual fee to the Borough to compensate the Borough for
the Borough's costs incurred in connection with the activities
described above. The annual right-of-way management fee for tower-based
wireless telecommunications facilities shall be determined by the
Borough and authorized by resolution of the Borough Council and shall
be based on the Borough's actual right-of-way management costs
as applied to such tower-based wireless telecommunications facility.
In default of an actual cost study completed by the Borough, the presumptively
reasonable fees shall be as established by law.
(8) Financial security. Prior to the issuance of a permit, the owner
of a tower-based wireless telecommunications facility in the right-of-way
shall, at its own cost and expense, obtain from a surety licensed
to do business in Pennsylvania and maintain financial security acceptable
to the Borough Solicitor, in an amount of $100,000, to assure the
faithful performance of the terms and conditions of this article.
The financial security shall provide that the Borough may recover
from the principal and surety any and all compensatory damages incurred
by the Borough for violations of this article, after reasonable notice
and opportunity to cure. The owner shall file a copy of the financial
security with the Borough.
G. Non-tower wireless communications facilities outside the rights-of-way.
The following additional regulations shall apply to non-tower wireless
communications facilities located outside the rights-of-way that substantially
change the wireless support structure to which they are attached:
(1) Permitted in all zones subject to regulations. Non-tower wireless
telecommunications facilities are permitted in all zones subject to
the restrictions and conditions prescribed below and subject to the
prior written approval of the Borough.
(2) Development regulations. Non-tower wireless telecommunications facilities
shall be co-located on existing structures such as existing buildings
or tower-based wireless telecommunications facilities, subject to
the following conditions:
(a)
Such wireless telecommunications facility does not exceed a
maximum height of 150 feet.
(b)
If the wireless telecommunications facility applicant proposes
to locate the communications equipment in a separate building, the
building shall comply with the minimum requirements for the applicable
zoning district.
(c)
A six-foot-high security fence 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.
(3) Design regulations.
(a)
Non-tower wireless telecommunications facilities 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 wireless telecommunications facility applicant
shall be subject to the approval of the Borough.
(b)
Non-tower wireless telecommunications facilities which are mounted
to a building or similar structure may not exceed a height of 15 feet
above the roof or parapet, whichever is higher, unless the wireless
telecommunications facility applicant obtains a conditional use permit.
(c)
All non-tower wireless telecommunications facility applicants
shall submit documentation to the Borough justifying the total height
of the non-tower structure. Such documentation shall be analyzed in
the context of such justification on an individual basis.
(d)
Antennas, and their respective accompanying support structures,
shall be no greater in diameter than any cross-sectional dimension
that is reasonably necessary for their proper functioning.
(4) Removal, replacement, or modification.
(a)
The removal and replacement of non-tower wireless telecommunications
facilities and/or accessory equipment for the purpose of upgrading
or repairing the wireless telecommunications facility is permitted,
so long as such repair or upgrade does not increase the overall size
of the wireless telecommunications facility or the number of antennas.
(b)
Any material modification to a wireless telecommunication facility
shall require a prior amendment to the original permit or authorization.
(5) Inspection. The Borough reserves the right to inspect any wireless
telecommunications facility to ensure compliance with the provisions
of this article 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 wireless telecommunications
facility is located at any time, upon reasonable notice to the operator,
to ensure such compliance.
(6) Financial security. Prior to the issuance of a permit, the owner
of each individual non-tower wireless telecommunications facility
shall, at its own cost and expense, obtain from a surety licensed
to do business in Pennsylvania and maintain financial security acceptable
to the Borough Solicitor, in an amount of $25,000, for each individual
non-tower wireless telecommunications facility, to assure the faithful
performance of the terms and conditions of this article. The financial
security shall provide that the Borough may recover from the principal
and surety any and all compensatory damages incurred by the Borough
for violations of this article, after reasonable notice and opportunity
to cure. The owner shall file a copy of the financial security with
the Borough.
H. Non-tower wireless communications facilities in the rights-of-way.
The following additional regulations shall apply to all non-tower
wireless communications facilities located in the rights-of-way:
(1) Authorization. Non-tower wireless telecommunications facilities designed
as a small wireless facility in the right-of-way shall be permitted
in all zoning districts by right when co-located on utility poles.
(a)
Underground districts. Non-tower wireless telecommunications
facilities designed as a small wireless facility shall not be located
in a right-of-way in which all utility installations are presently
underground.
(2) Design requirements:
(a)
Wireless telecommunications facility installations located above
the surface grade in the public right-of-way, including, but not limited
to, those on streetlights and joint utility poles, shall consist of
equipment components that are no more than six feet in height and
that are compatible in scale and proportion to the structures upon
which they are mounted. All equipment shall be the smallest and least
visibly intrusive equipment feasible.
(b)
Antennas and all support equipment shall be treated to match
the supporting structure. Wireless telecommunications facilities and
accompanying equipment shall be painted, or otherwise coated, to be
visually compatible with the support structure upon which they are
mounted.
(c)
All accessory equipment shall be contained within a single equipment
shroud or cabinet. Such equipment shroud or cabinet shall be of the
smallest dimensions technically feasible.
(3) Time, place and manner. The Borough shall determine the time, place
and manner of construction, maintenance, repair and/or removal of
all non-tower wireless telecommunications facilities in the right-of-way
based on public safety, traffic management, physical burden on the
right-of-way, 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.
(4) Equipment location. Non-tower wireless telecommunications facilities
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 right-of-way, as determined by the
Borough. In addition:
(a)
In no case shall ground-mounted equipment, walls, or landscaping
be located within 18 inches of the face of the curb.
(b)
Ground-mounted equipment shall be located underground. In the
event an applicant can demonstrate, to the satisfaction of the Borough
Engineer, that ground-mounted equipment cannot be undergrounded, then
all such equipment shall be screened, to the fullest extent possible,
through the use of landscaping or other decorative features to the
satisfaction of the Borough.
(c)
Required electrical meter cabinets shall be screened to blend
in with the surrounding area to the satisfaction of the Borough.
(d)
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.
(e)
Any underground vaults related to non-tower wireless telecommunications
facilities shall be reviewed and approved by the Borough.
(5) Damage to Borough property. A wireless provider shall repair, at
its sole cost and expense, any damages, including, but not limited
to, subsidence, cracking, erosion, collapse, weakening, or loss of
lateral support to the Borough's streets, sidewalks, walks, curbs,
gutters, trees, parkways, streetlights, traffic signals, improvements
of any kind or nature, or utility lines and systems, underground utility
lines and systems, or sewer or water systems and water and sewer lines
directly resulting from any activities performed in connection with
the installation and/or maintenance of a wireless facility in the
right-of-way. The wireless provider shall restore such areas, structures,
and systems to substantially the same condition in which they existed
prior to the installation or maintenance that necessitated the repairs.
(6) 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 wireless telecommunications facility in the
right-of-way shall, at its own expense, temporarily or permanently
remove, relocate, change or alter the position of any wireless telecommunications
facility 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:
(a)
The construction, repair, maintenance or installation of any
Borough or other public improvement in the right-of-way;
(b)
The operations of the Borough or other governmental entity in
the right-of-way;
(c)
Vacation of a street or road or the release of a utility easement;
or
(d)
An emergency as determined by the Borough.
(7) Compensation for right-of-way use.
(a)
Small wireless facilities. In addition to permit fees described
above, the owner of the small wireless facilities shall pay a right-of-way
management fee of $270 per small wireless facility by January 30 of
every year. Fees shall be in compliance with the Act and can be changed
by resolution of Borough Council.
(b)
Other non-tower wireless telecommunications facilities. In addition
to permit fees as described above, every non-tower wireless telecommunications
facility in the right-of-way is subject to the Borough's right
to fix annually a fair and reasonable compensation to be paid for
use and occupancy of the right-of-way. Such compensation for right-of-way
use shall be directly related to the Borough's actual right-of-way
management costs, including, but not limited to, the costs of the
administration and performance of all reviewing, inspecting, permitting,
supervising and other right-of-way management activities by the Borough.
The owner of each non-tower wireless telecommunications facility shall
pay an annual fee to the Borough to compensate the Borough for its
costs incurred in connection with the activities described above.
The annual right-of-way management fee for non-tower wireless telecommunications
facilities shall be determined by the Borough and authorized by resolution
of the Borough Board and shall be based on the Borough's actual
right-of-way management costs as applied to such non-tower wireless
telecommunications facility. In default of an actual cost study completed
by the Borough, the presumptively reasonable fees shall be as established
by law.
(8) Financial security. Prior to the issuance of a permit, the owner
of each individual non-tower wireless telecommunications facility
shall, at its own cost and expense, obtain from a surety licensed
to do business in Pennsylvania and maintain financial security acceptable
to the Borough Solicitor, in an amount of $25,000, for each individual
non-tower wireless telecommunications facility, to assure the faithful
performance of the terms and conditions of this article. The financial
security shall provide that the Borough may recover from the principal
and surety any and all compensatory damages incurred by the Borough
for violations of this article, after reasonable notice and opportunity
to cure. The owner shall file a copy of the financial security with
the Borough.
A. Purpose and intent.
(1) The purpose of this section is to provide a regulatory framework
for the construction and operation of solar energy systems, geothermal
energy systems, and small wind energy systems in East Greenville Borough,
subject to reasonable restrictions which will protect the public health,
safety, and welfare, while also maintaining the character of East
Greenville Borough.
(2) This section also seeks to promote the safe, effective, and efficient
use of renewable energy systems which are installed to reduce the
on-site consumption of utility-supplied electricity.
B. General regulations for solar energy systems.
(1) Applicability.
(a)
Solar energy systems shall be a permitted accessory use in all
zoning districts by right.
(b)
All solar energy systems shall provide on-site power or energy
for the principal use and/or another accessory use on the same lot,
parcel, or unit on which the solar energy system is located and shall
not be primarily used to convert energy for commercial or other off-site
transfer or use. This provision shall not be interpreted to prohibit
the sale of electricity generated in excess of on-site requirements
under an interconnection agreement, net metering agreement, or power
purchase agreement.
(c)
Owners of solar energy systems are encouraged but not required
to obtain solar easements from neighboring landowners to ensure solar
access. The Borough does not guarantee and will not protect any individual
property rights with respect to solar access.
(2) Height.
(a)
A roof-mounted or wall-mounted solar energy system shall comply
with the following:
[1]
A solar energy system shall not project vertically above the
peak of the roof to which it is attached.
[2]
If the solar energy system is located on a flat roof, it shall
not project vertically greater than 10 feet above the roof plane.
[3]
In no case shall the height of the solar energy system exceed
five feet above the zoning district's maximum height limit.
(b)
Ground-mounted solar energy systems shall not exceed a height
of 15 feet.
(3) Setbacks and lot coverage.
(a)
A roof-mounted solar energy system shall comply with the following:
[1]
On residential properties, a three-foot-wide perimeter around
the roof edge shall be maintained for Fire Department access.
[2]
On nonresidential properties, a six-foot-wide perimeter around
the roof edge shall be maintained for Fire Department access.
[3]
On all properties, a three-foot-wide setback along the roof
ridgelines shall be maintained for firefighters to be able to penetrate
the roof to create ventilation.
[4]
On all properties, a 1.5-foot-wide setback from all roof hips
and valleys shall be maintained to ensure that firefighters may access
the roof in a quick and safe manner if solar panels are installed
on both sides of the roof hip or valley.
(b)
A ground-mounted or wall-mounted solar energy system shall comply
with the following:
[1]
The location of the ground-mounted solar energy system shall meet all applicable accessory structure setback requirements [§
95-29A(1)].
[2]
Ground-mounted solar energy systems shall not be permitted in
a front yard or facing any street frontages unless the applicant can
prove such installation would make the system financially impractical
otherwise and can be installed meeting all other requirements.
[3]
For purposes of determining compliance with building and impervious
coverage standards of the applicable zoning district, the total horizontal
projection area of all ground-mounted and freestanding solar collectors,
including solar photovoltaic cells, panels, arrays, inverters and
solar hot air or water collector devices, shall not be considered
impervious coverage.
(4) Aesthetics and screening.
(a)
The design of solar energy systems shall, to the extent reasonably
possible, use materials, colors, textures, screening, and landscaping
that will blend the facility into the natural setting and existing
environment and shall not be used to display advertising or decoration,
including signage, streamers, pennants, spinners, reflectors, ribbons,
tinsels, balloons, flags, banners, lights, or similar items. Manufacturers
and equipment information, safety warnings, and ownership information
may be displayed on solar energy system equipment provided such information
complies with applicable sign regulations.
(b)
All solar energy system components shall be clearly labeled
with a warning concerning voltage and other important electrical safety
information.
(c)
An applicant shall locate a solar energy system so that tree
removal is not required, to the extent reasonably possible.
[1]
No street tree shall be removed for the placement of a solar
energy system.
[2]
If a tree located in the front yard and visible from the public right-of-way shall be removed, it shall be replaced with a tree selected from the lists of shade trees in §
85-104 of the Borough of East Greenville Subdivision and Land Development Ordinance, provided the replacement tree is located as close to its original position as practical.
(d)
All solar panels and solar energy collectors shall be located
so as to not create any additional heat load or direct solar glare
upon neighboring properties.
(5) Decommissioning requirements.
(a)
If a solar energy system remains nonfunctional or inoperative
for a continuous period of one year, the system shall be deemed to
be abandoned and shall constitute a public nuisance, with the exception
of BIPV systems. The owner shall remove the system within six months
of abandonment after a demolition permit has been obtained in accordance
with the following:
[1]
Any aboveground mechanical equipment, wiring, and structural
components shall be removed.
[2]
Underground wiring and structural components shall be removed
and the resulting void space filled.
(b)
When a ground-mounted or freestanding solar energy system is
removed, any disturbed earth as a result of the removal of the system
shall be restored, graded and reseeded.
(6) Compliance with other regulations.
(a)
To the extent applicable, the solar energy system shall comply
with the Pennsylvania Uniform Construction Code, Act 45 of 1999, as
amended, and the regulations adopted by the Department of Labor and
Industry.
(b)
All installers must be on the official list of registered installers
through the Pennsylvania Department of Environmental Protection's
Solar Sunshine Program.
C. General regulations for geothermal energy systems.
(1) Permitting.
(a)
It shall be unlawful to install a new geothermal well or modify
an existing geothermal well without a valid permit.
(b)
Prior to constructing a new geothermal well or modifying an
existing geothermal well, the property owner shall file all appropriate
applications with the municipality, county, or other regulating agency
and pay all applicable fees.
(c)
The application to construct or alter a geothermal well shall
be filed on behalf of the current owner or equitable owner.
(d)
The Borough shall approve or deny the application within 15
working days of receipt of a complete application and the appropriate
fee. The Borough shall field verify the location of the proposed geothermal
well(s) and all applicable isolation distances. When the Borough has
found an application to be incomplete, or the Borough is unable to
verify the information submitted, the applicant shall be notified,
in writing, that additional information or clarification is required.
The Borough's time for acting upon a permit shall be extended
15 days beyond the date of receipt of the supplementary or amendatory
information.
(e)
Any relocation of the proposed geothermal well site from the
permitted location shall be submitted in writing and approved by the
Borough.
(f)
If geothermal well construction is not completed in three years
from the permit issuance date, the approval to construct shall expire.
(g)
All geothermal well applications shall include the following
information:
[1]
Applicant name and signature, address, and telephone number.
[2]
Site address, subdivision name, lot number, and municipality.
[3]
Driller name, PADCNR license number, and telephone number.
[5]
Description of construction.
[6]
Plot plan including:
[a] Property lines, lot dimensions, slope direction,
adjacent streets, and reference to north.
[b] Marked distances from the proposed geothermal well
to any existing and proposed water supplies, buildings, driveways,
parking areas, two nonparallel property lines, retention areas, surface
waters, chemical/fuel storage areas, and any other feature that requires
an isolation distance as defined in this section.
(2) Geothermal system standards.
(a)
Geothermal wells shall be constructed to the standards outlined in the Montgomery County Public Health Code, Chapter
17, "Individual Water Supply, Irrigation Well, and Geothermal Well System Regulations."
(b)
All wells shall be constructed by a Pennsylvania Department
of Conservation and Natural Resources (DCNR) licensed water well driller
or an International Ground Source Heat Pump Association (IGSHPA) accredited
geothermal system installer.
(c)
Only closed-loop geothermal well systems or standing-column
geothermal well systems are allowed.
(d)
Open-loop geothermal well systems, except for standing-column
geothermal well systems, are prohibited. Separate supply and reinjection
wells are prohibited.
(3) Location of geothermal systems.
(a)
The applicant and/or well driller/installer is responsible for
ensuring maintenance of all isolation distances set forth in this
section.
(b)
Isolation distances. Minimum isolation distances shall be maintained
from the proposed individual geothermal well to the facilities listed
below.
Minimum Setback from Landmark to Borehole or Geothermal Supply
or Return Well
|
---|
Landmark
|
Closed-Loop Systems
|
Standing-Column Well Systems
|
---|
Delineated wetlands, floodplains, lakes, ponds, streams, or
other surface waters
|
12.5 feet*
|
25 feet*
|
Storm drains, retention basins, stormwater stabilization ponds,
or rainwater pits
|
12.5 feet*
|
25 feet*
|
Community spray irrigation site sewage sludge and septage disposal
site
|
50 feet*
|
100 feet*
|
Farm silos, barnyards, manure pits or tanks or other storage
areas of animal manure
|
100 feet*
|
200 feet*
|
Subsurface sewage absorption areas, elevated sand mounds, cesspools,
sewage seepage pits, single-family spray irrigation system, etc.
|
50 feet*
|
100 feet*
|
Septic tanks, aerobic tanks, sewage pump tanks, holding tanks
|
25 feet*
|
50 feet*
|
Gravity sewer lines and drains carrying domestic sewage or industrial
waste (unless item below applies)
|
25 feet*
|
50 feet*
|
A.
|
Gravity sewer lines and drains using cast-iron pipe with watertight
lead-caulked or neoprene-gasketed joints, or Schedule 40 PVC pipe
with solvent-welded joints
|
5 feet*
|
10 feet*
|
B.
|
Sewer lines and drains carrying domestic sewage or industrial
waste under pressure (except welded steel pipe or concrete-encased
pipe)
|
25 feet*
|
50 feet*
|
Commercial preparation area or storage area of hazardous spray
materials, fertilizers or chemicals, salt piles
|
150 feet*
|
300 feet*
|
Existing water and forced sewer buried utilities and/or utility
trenches
|
15 feet or outside easement
|
Dedicated public right-of-way and property lines
|
10 feet
|
|
Building foundations (except buildings enclosing water wells
and/or water well pumps)
|
10 feet
|
|
Identified NPL (Superfund) site plume area
|
300 feet
|
|
Any other source or potential source of pollution
|
As approved
|
|
*
|
These amounts are the minimum isolation distances required by
Montgomery County Health Department (MCHD) Code § 17-7.
Any deviation or modification from these isolation distances shall
be reviewed and approved by the MCHD.
|
(c)
Any proposed deviation or modification from the above-listed
isolation distances shall be submitted, in writing, to the Borough,
and the Montgomery County Health Department (MCHD), if applicable,
stating reasons for such deviation or modification. Upon review of
the material, a waiver may be granted. Additional conditions may be
required prior to permit issuance. These conditions may also be applied
to isolation distances unable to be determined by the applicant.
(4) Installation and maintenance.
(a)
The geothermal system shall be designed and installed in conformance
with IGSHPA Heat Pump Systems Design and Installation Standards, as
same may be amended and updated from time to time.
(b)
All geothermal systems shall be properly maintained in accordance
with the manufacturer's specifications, the installer's
specifications, and any applicable federal, state, and local laws.
(5) Decommissioning requirements.
(a)
All abandoned wells shall be filled and sealed according to
the PADEP/DCNR Water Well Abandonment Guidelines. A copy of the PADEP/DCNR
Water Well Abandonment Form shall be submitted to MCHD within 30 days
of abandonment.
(b)
Any and all heat transfer fluid shall be removed by displacement
with grout. The top of the borehole shall be uncovered and capped
with grout in a manner acceptable to the Borough and MCHD.
(c)
If the applicant/homeowner chooses not to abandon the well,
a nonabandonment declaration shall be signed and submitted to MCHD
within 30 days.
(d)
Abandonment procedures may be subject to MCHD inspection.
(6) Compliance with other regulations. If any provision of this section
conflicts with any applicable county, state, or federal law, rule,
or regulation which is more strict or which is determined to preempt
a provision of this section, the applicable county, state, or federal
requirement shall control.
D. General regulations for small wind energy systems.
(1) Applicability.
(a)
Wind energy systems shall be a permitted accessory use in all
zoning districts by right.
(b)
All wind energy systems shall provide on-site power or energy
for the principal use and/or another accessory use on the same lot,
parcel, or unit on which the wind energy system is located and shall
not be primarily used to convert energy for commercial or other off-site
transfer or use. This provision shall not be interpreted to prohibit
the sale of electricity generated in excess of on-site requirements
under an interconnection agreement, net metering agreement, or power
purchase agreement.
(2) Permitting.
(a)
It shall be unlawful to install a new wind energy system or
modify an existing wind energy system without a valid permit.
(b)
Any relocation of the proposed wind energy system from the permitted
location shall be submitted in writing and approved by the Borough.
(c)
If the wind energy system is not installed and functioning within
three years from the permit issuance date, the approval to construct
shall expire.
(d)
The zoning permit application shall be accompanied by a plot
plan which includes the following information:
[1]
Property lines and physical dimensions of the property;
[2]
Location, dimensions, and types of existing major structures
on the property;
[3]
Location of the proposed wind energy system tower;
[4]
The right-of-way of any public road that is contiguous with
the property;
[5]
Any public overhead utility lines or easements;
[6]
Wind energy system specifications, including manufacturer and
model, rotor diameter, tower height, tower type (freestanding or guyed),
and any manufacturer-recommended installation and maintenance standards.
(e)
Foundation plans and analysis shall be submitted by a certified
engineer for the installation of any tower taller than 35 feet.
(f)
Applications for roof-mounted (or other nontraditionally mounted)
wind energy systems shall include a wet stamped/sealed/certified structural
engineering analysis for the turbine mounting system and for the suitability
of the building to which the turbine is to be mounted.
(3) Height and setbacks.
(a)
The base of the tower shall be set back from all property lines,
public rights-of-way, designated important bird areas, and overhead
public utility lines a distance equal to 1.1 times the total extended
height.
(b)
Ground-mounted wind energy systems shall not be permitted in
a front yard or facing any street frontages unless the applicant can
prove such installation would make the system financially impractical
otherwise and can be installed meeting all other requirements.
(c)
Ground-mounted wind energy systems shall not be permitted in
easement areas unless specifically allowed.
(d)
The total extended height of the wind energy system shall be
a maximum of 35 feet in the R-1, R-2, R-3, and R-4 Residential, BR
Borough Residential, and BC Borough Commercial Districts.
(e)
The total extended height of the wind energy system shall be
a maximum of 60 feet in the LI Limited Industrial and INST Institutional
Districts.
(4) Aesthetics.
(a)
The wind energy system components shall be of a neutral color,
such as white, off-white, or gray.
(b)
The wind energy system shall not be artificially lighted, unless
required by Federal Aviation Administration regulations.
(c)
The wind energy system shall not display advertising, except
for reasonable identification of the turbine manufacturer and any
required safety warnings.
(d)
All wiring between the wind turbine and any structure shall
be buried below the surface of the ground.
(5) Sound.
(a)
The audible sound from a wind energy system shall not exceed
60 dBA, measured at the property line.
(b)
Sound levels, however, may be exceeded during short-term events
not within the operator's control, such as utility outages and/or
severe storms.
(6) Safety.
(a)
All wind energy systems shall be equipped with manual, electronic
or mechanical, and automatic over-speed controls to limit the blade
rotation speed to within the design limits of the wind energy system.
(b)
Horizontal-axis wind turbines shall not be climbable up to a
minimum of 15 feet above grade level and shall have a minimum blade
clearance of 25 feet.
(c)
For lattice or guyed towers, sheets of metal or wood shall be
fastened to the lower part of the tower to cover all hand- and footholds
up to a height of 15 feet above grade level.
(d)
All ground-mounted electrical and control equipment shall be
labeled and secured to prevent unauthorized access.
(e)
Display "Danger - High Voltage" or "Caution - Electrical Shock
Hazard" signs to the sides of the tower.
(7) Shadow flicker. All wind energy systems shall, to the extent feasible,
be sited to prevent shadow flicker on any adjacent properties as well
as any adjacent street rights-of-way.
(8) Decommissioning requirements.
(a)
If a wind energy system remains nonfunctional or inoperative
for a continuous period of one year, the system shall be deemed to
be abandoned and shall constitute a public nuisance. The owner shall
remove the system within six months of abandonment after a demolition
permit has been obtained in accordance with the following:
[1]
Any aboveground mechanical equipment, wiring, and structural
components shall be removed.
[2]
Underground wiring and structural components shall be removed
and the resulting void space filled.
(b)
When a ground-mounted wind energy system is removed, any disturbed
earth as a result of the removal of the system shall be restored,
graded, and reseeded.
(9) Compliance with other regulations. All wind energy systems, including
towers, shall comply with all applicable local, state, and federal
construction and electrical codes.
E. Severability. Invalidity of provisions. If any term, provision, covenant
or restriction of this section is held by a court of competent jurisdiction
to be invalid, illegal, void or unenforceable, the remainder of the
terms, provisions, covenants and restrictions set forth herein shall
remain in full force and effect and shall in no way be affected, impaired
or invalidated.
A. Legislative intent. In expansion of the declaration of legislative intent and the statement of community development objectives contained in Article
I, §§
95-2 and
95-3, the specific intent of this section is to promote the maintenance and appropriate use of properties which do not have street access.
B. Permitted uses. On an alley lot or landlocked lot, a building may
be erected or used or occupied for any of the following uses and no
other:
(1) Open space or park for public or private use.
(2) Private garage or carport, private parking space, or private barn.
(3) Noncommercial swimming pool, either above or below ground, with required
swimming pool equipment, or other recreational facilities.
(4) Private greenhouse or garden shed.
C. Conditional use. On an alley lot or landlocked lot, a single-family
detached dwelling may be constructed by conditional use subject to
the standards below. A single-family detached dwelling shall meet
the following requirements as well as the requirements of the zoning
district in which it is located, except as the requirements pertain
to street access and street width.
(1) Access strip. The alley lot or landlocked lot shall have at least
a twenty-five-foot-wide access strip onto a paved street or alley
that is at least 20 feet wide for the length of the block.
(2) United States Postal Service. The applicant shall present certification
from the United States Postal Service of the ability to be issued
a postal address and receive postal mail.
(3) Water. The proposed single-family detached dwelling shall be served
by the public water system of East Greenville Borough.
(4) Sewer. The proposed single-family detached dwelling shall be served
by the public sewer system of East Greenville Borough.
(5) Emergency services. Certification from the Fire Marshal shall be
provided stating that there is adequate access to the alley lot for
emergency vehicles.
(6) Construction. The proposed single-family detached dwelling shall
be constructed with the front facade facing in the direction deemed
most logical and reasonable by Borough Council. In determining whether
the direction of the facade is logical and reasonable, Borough Council
shall consider, but not be limited to, such factors as:
(a)
The potential of paper streets or alleys to be built in the
future.
(b)
The orientation of nearby homes.
(c)
The surrounding topography and other natural and man-made features.
D. Area and height regulations.
(1) Lot area. The minimum lot area shall be 2,500 square feet.
(2) Lot width. Each lot shall have a width at the alley lot line of not
less than 25 feet.
(3) Building area. A maximum of 35% of the lot may be occupied by buildings.
(4) Maximum impervious surface coverage. No more than 45% of the lot
area shall be covered by impervious surfaces.
(5) Building setback. Buildings shall be set back at least five feet
from the alley and at least 30 feet from any paper street. Buildings
shall be set back at least five feet from any property line.
(6) Height. No building or structure shall exceed 15 feet in height,
provided that such height limitation may be exceeded by one foot for
each one foot by which the width of each setback is increased beyond
the minimum setback requirements, up to a maximum height of 20 feet.
It shall be permissible in any zoning district to establish
a public open space or conservation area. Such open space or conservation
areas shall be dedicated or deed-restricted for open space, forest,
stream, or wildlife preservation, or for some other general conservation
purpose. Such open space or conservation areas may include a recreational
facility or park, so long as it is owned or operated by the Borough
or other governmental agency.
If a development is to be carried out in stages, each stage
shall be so planned that all requirements of this chapter shall be
fully complied with at the completion of any stage.