[Ord. 561, 6/6/1988; as amended by Ord. 818, 6/6/2016]
1.
The Zoning Hearing Board shall make a determination that the proposed special exception use will or will not be permitted pursuant to the procedures set forth in § 27-603. The use shall be permitted if the relevant standards and criteria set forth in this Part are met. The use shall not be permitted if the relevant standards and criteria set forth in this Part are not met.
2.
All applications
for a special exception shall be submitted to the Borough Planning
Commission for their review and submission of an advisory recommendation
to the Zoning Hearing Board. The intent of this requirement is to
allow an additional review for proposed uses that would have Borough-wide
effects.
3.
The Board
shall not decide the case without reviewing any reports received from
the Zoning Officer and Planning Commission. If the Zoning Officer
and Planning Commission do not submit written reports or comments,
the Board may still hold the hearing and decide the request.
4.
The Board shall hear and decide such requests for a special exception use under the procedures of § 27-702 of this Chapter and the Pennsylvania Municipalities Planning Code.
5.
The Zoning
Hearing Board may attach reasonable conditions and safeguards, which
are necessary for the protection of the public health, safety, general
welfare or morals of the community, in the permitting of a special
exception use.
6.
Any granting
of a special exception shall not relieve the applicant of any other
requirements of this Chapter.
[Ord. 561, 6/6/1988]
These standards are applicable to all special exception uses.
1.
Access. For every special exception use, the Board shall determine that there is appropriate provision for access facilities adequate for the estimated traffic from public streets and sidewalks, so as to assure the public safety and to avoid traffic congestion. Vehicular entrances and exits shall be designed in accordance with relevant standards contained in this Chapter and the Subdivision and Land Development Ordinance [Chapter 22] in effect in the Borough.
2.
Parking.
For every special exception use, the Board shall determine that there
are adequate parking areas and off-street truck loading spaces, in
conformity with this Chapter, for the anticipated number of occupants,
employees and patrons, and that the layout of the parking spaces,
truck loading berths, and interior driveways is convenient and conducive
to safe operation.
3.
Buffers.
For ever special exception use, the Board may require a protective
planting strip on all lots proposed for non-residential use along
the property lines of the lot which are directly contiguous to an
R-5, R-7, or R-1O zone, or an existing residential lot. Where the
Board requires a protective planting strip, a solid and continuous
landscape screen shall be planted and maintained, which strip shall
be not less than 20 feet nor more than 30 feet in width, situate within
any required yard, designed and laid out with suitable evergreen plant
material which will be planted at a minimum height of four feet, and
will attain and shall be maintained at a height of not less than eight
feet, so as to provide an effective natural screen between the nonresidential
and residential districts or uses. A planting plan specifying type,
size and location of existing and proposed plant materials shall be
required.
4.
Lighting.
For every special exception use where the installation of outdoor
flood or spot lighting is intended, the Board shall determine that
such lighting will not shine directly upon any abutting property,
nor upon the street. No unshielded lights shall be permitted.
5.
Storm
Drainage. For every special exception use, the Board shall determine
that adequate provisions will be made for collection and disposal
of storm water runoff from the site.
6.
Use and
Character. For every special exception use, the Board shall determine
that said use is specifically authorized as a special use in the district
within which such particular site is located, and that such use will
not be prejudicial to the character of the neighborhood.
[Ord. 561, 6/6/1988; as amended by Ord. 594, 1/7/1991; by Ord. 628, 10/2/1995; by Ord.
633, 4/1/1996; by Ord. 666, 8/7/2000; by Ord. 724, 10/2/2006; by Ord. 773, 6/6/2011; by Ord. 788, 6/10/2013; and by Ord. 818, 6/6/2016]
These standards are applicable to certain special exception uses and are to be applied in addition to those set forth in § 27-702.
1.
Adult
Bookstores, Adult Motion Picture Theater, Adult Mini-Motion Picture
Theater. These uses shall not be established within 500 feet of a
residence, a church, or place of worship, a school, or park unless
the applicant presents a petition to the Board which indicates approval
of the proposed use by 51% of the persons owning, residing or doing
business within a radius of 500 feet of the location of the proposed
use. The applicant shall have attempted to contact all eligible locations
within this radius, and must supply a list of all addresses at which
no contact was made. The circulator of the petition shall have subscribed
to an affidavit attesting to the fact that the circulator personally
witnessed the signatures on the petition and that the same were affixed
to the petition by the persons whose names appear thereon.
A.
All building
openings, entries and windows for adult mini-motion and motion picture
theaters shall be located, covered or screened in such manner as to
prevent a view into the interior from any public or semi-public area.
B.
Advertisements,
displays or other promotional materials shall not be exhibited so
as to be visible to the public from public or semi-public areas.
2.
Conversions
and Mixed Use. Conversions of existing, non-conforming, abandoned
or dilapidated buildings no longer used for their original purpose
into a mixed use or more than one dwelling unit or mixed uses shall
be permitted provided:
A.
All parking requirements of § 27-503, et seq.:
(1)
Each use must include the following number of square feet of interior
space exclusive of common areas.
|
Use
|
Square Feet of Interior Space
|
|---|---|
|
For any permitted business use in the district
|
400
|
|
Efficiencies
|
400
|
|
1 Bedroom
|
500
|
|
2 Bedrooms
|
650
|
|
3 Bedrooms
|
800
|
|
Each additional bedroom
|
150 square feet of additional space
|
(2)
Each dwelling unit must provide complete, independent living facilities
for one or more persons, including permanent provision for living,
sleeping, eating, cooking and sanitation.
(3)
Exit ways shall provide safe and continuous means of egress to a
street or to an open space with direct access to a street. Each dwelling
unit shall be provided with direct and continuous access to such an
exit way. All required exit ways should be so located as to be discernible
and accessible without obstruction and so arranged as to lead directly
to the street or to an area of safety with supplemental means of egress
that will not be obstructed or impaired by fire, smoke or other cause.
(4)
Conversions may be accomplished with the construction of building additions as long as the addition is within the original footprint of the building or within existing building density requirements and the height of the building does not exceed the height provision for a building within the district in which it is located. Any additions proposed as part of the conversion or mixed use development shall comply with the parking requirements in § 27-503. Any building addition required by the International Building Code, as amended, shall not be subject to this restriction.
(5)
The minimum lot area for any mixed use shall be 1,000 square feet
per unit.
B.
Conversions, which fail to comply with the parking requirements stated in § 27-503 et seq., are permitted provided:
(1)
Each use must include the following number of square feet of interior
space, exclusive of common areas:
|
Use
|
Square Feet of Interior Space
|
|---|---|
|
For any permitted business use in the district
|
400
|
|
Efficiencies
|
400
|
|
1 Bedroom
|
500
|
|
2 Bedrooms
|
650
|
|
3 Bedrooms
|
800
|
|
Each additional bedroom
|
150 square feet of additional space
|
(2)
Each dwelling unit must provide complete, independent living facilities
for one or more persons, including permanent provisions for living,
sleeping, eating cooking and sanitation.
(3)
Exit ways shall provide safe and continuous means of egress to a
street or to an open space with direct access to a street. Each dwelling
unit shall be provided with direct and continuous access to such an
exit way. All required exit ways shall be so located as to be discernible
and accessible without obstruction and so arranged as to lead directly
to the street or to an area of safety with supplemental means of egress
that will not be obstructed or impaired by fire, smoke or other cause.
(4)
Conversions shall be accomplished without the construction of building
additions except those required by the International Building Code,
as amended.
4.
Buildings
or Facilities for Municipal Use. The building or facilities shall
be exclusively occupied by the Borough of Nazareth, an instrumentality
thereof, or the Nazareth Area School District.
5.
Bus Passenger
Station, Taxi Station.
A.
Adequate
street area for the loading, unloading and stacking of the buses or
taxis shall be available. The traffic movements necessary for the
operation of the facility shall be arranged so as not to create traffic
congestion and to maintain traffic safety.
B.
Vehicle
storage shall not be permitted in the areas of the site used for discharge
or pick-up of passengers, or for the dispatching of vehicles.
6.
Controlled
Substances Paraphernalia Establishment. These uses shall not be established
within 500 feet of a residence, a church or place of worship, a school
or park unless the applicant presents a petition to the Board which
indicates approval of the proposed use by 51% of the persons owning,
residing or doing business within a radius of 500 feet of the location
of the proposed use. The applicant shall have attempted to contact
all eligible locations within this radius, and must supply a list
of all addresses at which no contact was made. The circulator of the
petition shall have subscribed to an affidavit attesting to the fact
that the circulator personally witnessed the signatures on the petition
and that the same were affixed to the petition by the persons whose
names appear thereon.
8.
Game Arcade.
A.
At least
one supervisory employee 18 years or older shall be in attendance
at the game arcade during the hours of operation.
B.
Use of
the coin-operated amusement devices by persons under 16 years of age
shall not be permitted during normal school hours.
C.
Bicycle
racks shall be provided within 25 feet of the game arcade. There shall
be two bicycle stalls for each coin-operated amusement device within
the arcade. The bicycle racks shall not be located in any required
landscaped areas, entrances, exits, walkways, driveways, parking space,
public street or sidewalk, or in such fashion as to obstruct any entrances
or exit to any premises.
D.
Adequate
space shall be provided for each machine so as to allow its use without
overcrowding. A minimum width of two feet shall be provided per machine
where the machine is designed for use by one player and 3 1/2 feet
where the machine is designed for use by two or more players. The
depth of space in front of the machine shall be at least five feet,
and there shall be a minimum aisle width beyond these five feet of
an additional three feet.
E.
Wagering
or gambling shall not be permitted at the game arcade.
9.
Day Care
Facility.
A.
It shall
be demonstrated that the facility has obtained the licenses and permits
required by any Federal, State or local regulatory body relevant to
this type of facility.
B.
There
shall be adequate facilities for the picking up and discharging of
children or adults in a safe manner.
C.
There
shall be a minimum floor area devoted to the day care facility of
1,000 square feet.
10.
Group
Care Facility.
A.
It shall
be demonstrated that the facility has obtained any and all licenses
and permits required by the Federal, State or local government relevant
to the particular type of facility.
B.
In order
to prevent excessive concentration of group care facilities in a particular
neighborhood:
C.
Minimum
Floor Area. For group care facilities, a minimum floor area of 1,000
square feet shall be provided.
11.
Membership
Club. It shall be demonstrated to the Board that such membership club
will serve a purely social, athletic or community service purpose;
that it will be operated on a membership basis and not conducted as
a business; and, that the nature of such membership club will not
cause or create a nuisance to adjoining properties or to its general
neighborhood.
12.
Motorized
Vehicle Repair Shop.
A.
All
painting and repair work shall be performed in an enclosed building.
B.
All
parts and dismantled vehicles shall be enclosed so as not to be visible
outside the property.
C.
Outdoor
vehicle storage areas shall be paved.
D.
Inoperative
motor vehicles shall not be stored outside of a building except as
follows:
13.
Nursing
Home and Life Care Retirement Center.
A.
Nursing
Home and Life Care Retirement Centers. These facilities shall be licensed
by the Pennsylvania Department of Health, or the Pennsylvania Department
of Welfare, or the Pennsylvania Department of Insurance, as appropriate.
B.
Life
Care Retirement Center. The following uses are permitted in such facilities:
(1)
Dwelling units in a single-family attached, single-family detached,
single-family semi-detached and multifamily configuration, which may
include community buildings, dining and recreational facilities, facilities
that provide services and health care for the primary use and benefit
of the residents of the center.
(2)
A nursing home, a group care facility, adult day care facility, a
medical and dental clinic, which shall be available to residents of
the center and to the public.
(3)
The density of dwellings shall not exceed 12 units per acre. All
square footage of floor area defined as a dwelling unit shall be considered
residential measured from the center line of the interior wall of
the hallway to the outside of the exterior wall.
(4)
The amount of non-residential square footage of floor area in a life
care retirement center shall not exceed 55% of the total floor area
square footage of the center. Square footage of floor area shall be
measured based on the total of all structures on the site.
(5)
The amount of non-residential square footage of floor area principally
for the public shall not exceed 10% of the total floor area square
footage of the center. Square footage of floor area shall be measured
based on the total of all structures on the site.
14.
Private
or Public School.
A.
Applications
for public schools shall include a letter from the Pennsylvania Department
of Education stating that the requirements of the Department relating
to siting have been met.
B.
Private
schools shall meet all requirements of the Pennsylvania Department
of Education which pertain to the site, location and siting of such
schools.
15.
Service
Station.
A.
Spray
painting or bodywork shall not be permitted.
B.
All
refuse shall be stored within an enclosed area. All parts and inoperable
vehicles shall be stored in an enclosed structure.
C.
Vehicles
awaiting repair shall not be stored outside of enclosed areas for
more than five days.
D.
The
gasoline pumps shall be arranged so that sufficient area exists for
the expected lines of vehicles waiting fueling within the property
line.
E.
In no
case may the gasoline pump be located within 25 feet of any property
line.
F.
When
the rental of equipment such as automobiles, trucks and trailers is
to be conducted, an additional 1,000 square feet of lot area shall
be provided for each five automobiles and trailers, and 1,000 square
feet for each four trucks.
G.
Ancillary
businesses such as car washes and convenience markets must provide
sufficient parking and a clear, safe access arrangement.
H.
All
exterior lighting shall be directed away from residential properties.
16.
Transportation
Terminals.
A.
All
areas used for vehicle storage, loading, fueling or maneuvering shall
be paved.
B.
The
parking area shall be arranged so that all internal traffic movements
can be made without entering the public right-of-way.
C.
All
repair operations shall be conducted within enclosed buildings.
D.
All
storage shall be within enclosed structures.
17.
Personal
Care Homes; Assisted Living Residences.
A.
When
developed as a stand-alone use pursuant to the regulations of 55 Pa.
Code § 2600.11 (personal care homes) or 55 Pa. Code § 2800.11
(assisted living residences), the facility shall be licensed as a
“Personal Care Home” or “Assisted Living Residence”
by the Commonwealth of Pennsylvania Department of Public Welfare.
B.
The
facility shall be operated by a qualified and licensed staff, which
is available to serve the needs of the residents of the facility.
C.
When developed as an independent and stand-alone use, and neither as a part of a Life Care Retirement Center, as defined in § 27-302 of the Zoning Ordinance, nor as part of a continuing care retirement community, nor as part of any other use which combines residences for persons of retirement age, ancillary health care services, assisted living, and skilled and intermediate nursing care, the capacity of a Personal Care Home or Assisted Living Residence shall be measured on the basis of the number of licensed beds. The maximum capacity of a facility shall not exceed 48 beds per acre.
18.
Cellular
Communications Towers and Antennas.
A.
Purpose.
The purpose of this special exception is to provide a uniform and
comprehensive set of standards for the development and installation
of new commercial communications towers and antennas. The standards
contained herein are designed to protect and promote public health,
safety, and the general welfare of the community while ensuring that
new commercial towers will be safe and be placed in suitable locations
and at the same time not unduly restricting the development of needed
telecommunications facilities. These standards will also help in ensuring
that municipal land use regulations are in compliance with the Federal
Telecommunications act of 1996.
These standards should accomplish the following:
(1)
Minimize adverse visual effects of commercial communications towers
and antennas and related facilities through design and siting standards.
(2)
Maintain and ensure that a non-discriminatory, competitive and broad
range of telecommunications services and high quality telecommunications
infrastructure consistent with the Federal Telecommunications Act
of 1996 are provided to serve the Borough, as well as serve as an
important and effective part of the Borough’s emergency services
network.
(3)
Provide requirements necessary for obtaining approval to site and
construct commercial communications towers and antennas while at the
same time protecting the legitimate interests of the Borough’s
citizens.
(4)
Protect environmentally sensitive areas of the borough by regulating
the location design and operations of telecommunications facilities.
(5)
Encourage the use of alternative support structures, co-location
of new antennas on existing commercial communications towers, camouflaged
towers, monopoles and construction of towers with the ability to locate
three or more providers.
B.
ALTERNATIVE TOWER STRUCTURE
CELLULAR COMMUNICATIONS ANTENNA
COMMERCIAL COMMUNICATIONS TOWER
ANSI
FALL ZONE
HEIGHT OF TOWER
PUBLIC UTILITY TRANSMISSION TOWER
Definitions.
Includes but is not limited to man-made trees, clock towers,
bell steeples, light poles and similar alternative design mounting
structures that camouflage or conceal the presence of commercial communications
towers and antennas.
Any device used for the transmission or reception of radio,
television, wireless telephone, pager, commercial mobile radio service
or any other wireless communications signals, including, without limitation
omnidirectional or whip antennas and directional and panel antennas,
owned or operated by any person or entity licensed by the Federal
Communications Commission (FCC) to operate such device. This definition
shall not include private residence mounted satellite dishes or television
antennas or amateur radio equipment including, without limitation,
ham or citizen band ratio antennas.
A structure other than a building, such as a monopole, self-supporting
or guyed tower designed and used to support commercial communications
antennas.
The American National Standards Institute, a non-profit,
privately funded membership organization that coordinates the development
of U.S. voluntary national standards and is the U.S. representative
to non-treaty international standards setting entities including the
International Organization for Standardization (ISO) and the International
Electro-technical Commission.
The area on the ground within a prescribed radius from the
base of a Commercial Communications Tower. The fall zone is the area
within which there is a potential hazard from falling debris or the
collapsing of the commercial communications tower. The fall zone shall
be determined by the applicant’s engineer and reviewed by the
Borough engineer.
The overall height of the tower from the base of the tower
to the highest point of the tower, includes, but not limited to antennas,
transmitters and satellite dishes of any other structures affixed
to or otherwise placed on the tower. If the base of the tower is not
on ground level, the height of the tower shall include the base of
the building or structure to which the tower is attached.
A structure, owned and operated by a public utility electric
company regulated by the Pennsylvania Public Utility Commission, designed
and used to support overhead electricity transmission lines.
C.
District
requirements.
(1)
To the extent not identified in Part 4 of this ordinance, commercial communication towers are permitted in those areas designated on the overlay zoning map attached as Exhibit A of this subsection.
(2)
Commercial communication antennas shall be a permitted use in all zoning districts if placed on an existing commercial communications tower, public utility transmission tower or alternative tower structure. Commercial communications antennas shall not be permitted on any residential structure. A visual impact analysis as described in Subsection 18D(3) below shall be performed to ensure that any adverse impact created by the commercial communications antenna is mitigated.
D.
Specific
use and Special Exception Requirements.
(1)
Site Plan. A site plan shall be prepared and submitted for any proposed
commercial communications tower pursuant to applicable zoning ordinance
requirements regarding preparation of a site plan. No site plan is
required for commercial communications antennas, which are co-located
on an existing commercial communications tower or structure as described
in Subsection 18C(5) above.
(2)
Setback. A commercial communication tower, attached to the ground,
shall be set back to the most restrictive of the following: a minimum
distance equal to one-half its height from the nearest property or
lease lot lines and existing street right-of-way lines, or the distance
measured to the nearest property of lease line equal to the commercial
communications tower fall zone.
(3)
Visual Impact Analysis. The applicant shall be required to undertake
a visual impact analysis on any proposed commercial communications
tower, any alternative tower structure, or any proposed modification
to an existing tower which causes said tower to exceed 30 feet in
height from its original permitted height. The visual impact analysis,
in the form of a written report, shall assess the cumulative impacts
of the proposed facility and other existing and foreseeable commercial
communications towers in the area, and shall identify and include
all feasible mitigation measures necessary to mitigate any negative
visual impact by the visual impact by the proposed tower. Mitigation
measures should be consistent with the technological requirements
of the applicant. All costs for the visual impact analysis, and applicable
administrative costs, shall be borne by the applicant.
The visual impact analysis report shall include but not be limited
to the following:
(a)
A photograph simulation of pre-development versus post-development
views from key viewpoints, as established by the municipality, both
inside and outside of the municipality;
(b)
An analysis of the alternative tower structure design and color schemes;
(c)
An analysis of the visual impact of the tower base, accessory buildings,
and overhead utility lines from abutting properties and streets.
|
The Zoning Hearing Board shall review and consider all information
presented in the report. Measures necessary to mitigate any negative
visual impact created by the proposed tower shall be provided and
implemented as required by the Zoning Hearing Board.
|
(4)
National Environmental Policy Act (NEPA). The applicant shall demonstrate
that all NEPA requirements, where applicable, for any proposed commercial
communications tower, alternative tower structure and/or antenna facilities
have been met. A copy of the NEPA required Environmental Assessment
(EA) report shall be submitted when the proposed commercial communications
tower, alternative tower structure and/or antenna falls into one or
more of the following categories:
(a)
Facilities that may affect districts, sited, buildings, structures
or objects significant in American History, architecture, archaeology,
engineering or culture that are listed, or are eligible for listing
in the National Register of Historic Places;
(b)
Facilities that may affect a Native American religious site;
(c)
Facilities whose construction will involve significant change to
surface features including but not limited to wetlands, deforestation
or water diversion;
(d)
Facilities located within a flood plain;
(e)
Facilities that are to be equipped with high intensity white lights
located in residential neighborhoods.
|
The applicant shall provide to the Zoning Hearing Board documentation
demonstrating how any negative impact on the features noted above
will be mitigated.
|
(5)
Base. The base of a commercial communication tower shall be surrounded
by a secure fence with a minimum height of eight feet.
(6)
Landscaping. The following landscaping shall be required to screen
the fence surrounding the tower and any other ground level features
such as a building. Any combination of existing vegetation, topography,
walls, decorative fences of other features instead of landscaping
may be permitted 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.
(a)
An evergreen screen shall be required to surround the site. The screen
can be either a hedge (planted three [3] 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.
(b)
In addition, existing vegetation on and around the site shall be
preserved to the greatest extent possible.
(c)
Commercial communications tower located in any extractive industrial
zoning district shall be exempt from these landscaping provisions.
(7)
Parking. A minimum of two off-street parking spaces shall be provided
for a commercial communications tower. There shall be no parking spaces
required for alternative tower structures.
(8)
Equipment Shelter. Information shall be provided detailing the contents
of the proposed equipment shelter servicing the proposed commercial
communications tower and/or antenna. The information shall include
but not be limited to the type and quantity of oil, gasoline, batteries,
propane, natural gas and any other fuel stored within the shelter.
Information shall also be submitted which demonstrates that any hazardous
materials stored on site, including but not limited to fuel sources,
shall be housed to minimize the potential for any adverse impact on
adjacent land uses. “Materials Safety Data Sheets” shall
be submitted to the Borough Code Enforcement Officer for any hazardous
material stored or utilized in the equipment shelter. The use of fuels
and hazardous materials shall also be consistent with any borough
requirements regarding the same.
(9)
Wind Resistance. For any commercial communications tower or antenna
higher that 50 feet, the applicant shall provide certification from
a registered professional engineer stating that the commercial communications
tower of antenna meets the wind resistance requirements stated in
the latest version of the BOCA National Building Code. Alternately,
the applicant shall provide certification from a registered professional
engineer that the commercial communications tower or antenna is designed
to withstand winds in accordance with ANSI/EIA/TIA 222 (latest revision)
standards. The registered professional engineer shall also certify
to the overall structural integrity of the commercial communications
tower or antenna.
(10)
Federal Aviation Administration (FAA).
(a)
Documentation of FAA approval for commercial communication towers
or antennas exceeding 200 feet in height shall be provided. Commercial
communication towers or antennas less than 200 feet in height shall
meet the requirements of 14 Code of Federal Regulations Part 77.13(a),
amended (copy attached).
(b)
No commercial communications tower or antenna shall be artificially
lighted except when required and approved by the FAA.
(11)
Airport Coordination. The applicant for a proposed commercial communications
tower or antenna, located within a five mile radius of an existing
airport shall notify the airport of its intent to place such structure(s).
Any comments received from the airport shall be considered by the
Zoning Hearing Board in the processing of the application for the
proposed commercial communications tower or antenna.
(12)
Federal Communications commission (FCC).
(a)
Documentation that the commercial communications company is licensed
by the FCC shall be provided.
(b)
Documentation of FCC approval for the proposed commercial communication
tower or antenna shall be provided.
(c)
Documentation demonstrating that the proposed commercial communications
tower or antenna complies with all applicable standards established
by the FCC governing human exposure to electromagnetic or radio frequency
radiation shall be provided within 90 days of the facility becoming
operational. Such documentation shall then be provided to the municipality
on an annual basis from the date the facility becomes operational.
The Borough may secure the services of a qualified independent radio
frequency engineer to review the documentation and conduct tests as
necessary to verify said documentation. The engineer shall state in
a written report that the radio frequency radiation measurements are
accurate and either conform or not conform to any and all FCC standards.
Should the facility not meet FCC standards, the Borough may make a
formal complaint, in writing, to the FCC. The applicant shall be copied
on any complaint filed with the FCC by the Borough.
(d)
Any applicant for a proposed commercial communications tower and/or
antenna site exceeding FCC standards regarding human exposure to electromagnetic
of radio frequency radiation shall submit to the Borough a copy of
the Environmental Assessment report required under NEPA prior to submitting
to the FCC. The Borough may review the report and provide commentary
to the FCC for its consideration.
(13)
Documentation of Need.
(a)
The commercial communications company shall demonstrate, using technological
evidence that the tower and/or antenna must go where it is proposed
in order to satisfy its function pursuant to the company’s technological
requirements.
(b)
Prior to proposing the construction of a new commercial communications
tower, the applicant shall demonstrate that it has made a reasonable
effort to site the antenna on an alternative tower structure within
close proximity of the chosen site.
(14)
Removal of Commercial Communications Towers and Antennas. If a commercial
communications tower and/or antenna remains unused for a period of
12 consecutive months, the owner or operator shall dismantle and remove
the tower and/or antenna within six months of notice to do such by
the Borough. The owner shall provide written notice when tower and/or
antenna stops are used. Failure to provide notice will allow the Borough
to proceed to dismantle without the necessity of notice to the owner
or operator. Further, the owner or operator of the tower and/or antenna
shall post security in a form acceptable to the Borough payable to
the Borough in an amount to cover tower and/or antenna removal and
site clean up. The security shall be utilized by the Borough in the
event that the owner or operator of the tower and/or antenna fails
to remove the tower and/or antenna within six months of notification
by the Borough.
(15)
Annual Permit and Fee. Twelve months after a commercial communications tower and/or antenna becomes operational, an inspection shall be performed by the Borough or its designated agent to verify that the proposed facility continues to meet the requirements found in this ordinance. The inspection shall consist of but not be limited to review of the developed site condition versus the requirements of this ordinance, preparation of the annual radio frequency analysis as described in Subsection 18D(12)(c) above. Upon completion of the inspection, the Borough shall permit or not permit the facility to continue operation. The Borough may attach conditions to any permit. Said conditions shall be met within 30 days of the issuance of a permit. Failure to meet the conditions within 30 days of permit issuance shall result in revocation of the permit and closing of the facility.
(16)
Exemptions.
(a)
A commercial communications tower or antenna necessary for and clearly
primarily used for emergency communications by a police department,
fire company, emergency medical service and other similar public safety
organizations is exempt from these requirements.
(b)
The use of all television antennas and satellite dishes.
(c)
Amateur Radio and/or Receive Only Antennas. This ordinance shall
not govern the installation of any antenna that is owned and/or operated
by a federally licensed amateur radio operator or is used exclusively
for receive only antennas.
(d)
Mobile services providing public information coverage of a news event
of a temporary or emergency nature.
19.
Solar
Energy Systems.
A.
The
purpose of this special exception is to promote the use of Solar Energy
and to provide installation and construction of Solar Energy Systems
in the Borough of Nazareth subject to reasonable conditions that will
protect the public health, safety and welfare.
B.
Solar
Energy Systems shall be a permitted use in all zoning districts as
an accessory to a residential or non-residential use herein and specific
criteria as set forth below.
C.
This
ordinance applies to Solar Energy Systems to be installed and constructed
after the effective date of the ordinance, and all applications for
Solar Energy Systems on existing structures or property.
D.
Solar
Energy Systems constructed prior to the effective date of this ordinance
shall not be required to meet the requirements of this ordinance;
provided that any structural change, upgrade or modification to an
existing Solar Energy System that materially alters the size or placement
of the existing Solar Energy System shall comply with the provisions
of this ordinance.
E.
Design,
Installation and Use Criteria.
(1)
A Solar Energy System shall not be used for the generation of power
for the sale of energy to other users, although this provision shall
not be interpreted to prohibit the sale of excess power generated
from time to time to the local utility company.
(2)
A Solar Energy System connected to the utility grid shall provide
written authorization from the local utility company acknowledging
and approving such connection.
(3)
A Solar Energy System may be roof mounted or ground mounted.
(4)
A roof mounted Solar Energy System may be mounted on a principal
building or accessory building.
(5)
The height of a Solar Energy System mounted on a pitched roof shall
not exceed the height of the roof line. On a flat roof, the height
of the Solar Energy System shall not extend more than three feet above
the finished roof to which it is mounted. In no instance shall any
part of the Solar Energy System extend beyond the edge of the roof.
(6)
The height of a ground mounted Solar Energy System shall not exceed
six feet.
(7)
The surface area of a ground mounted Solar Energy System, regardless
of the mounted angle, shall be calculated as part of the overall lot
coverage. No more than 20% of a lot may be covered with a ground mounted
Solar Energy System and total lot coverage must not exceed the maximum
permitted within the underlying zoning district.
(8)
A ground mounted Solar Energy System or a Solar Energy System attached
to an accessory structure shall not be located within the required
front yard setback, and no part thereof shall extend beyond the front
wall of the principal building.
(9)
The minimum Solar Energy System setback distance from the property
lines shall be equivalent to the building setback or accessory building
setback requirement of the underlying zoning district.
(10)
The number of solar panels and supporting equipment shall be considered
as one solar energy system.
(11)
All mechanical equipment associated with and necessary for the operation
of the Solar Energy System shall comply with the following:
(a)
Mechanical equipment shall be screened from any adjacent property.
The screen shall consist of shrubbery, trees, or other plant materials
which provide a visual screen. In lieu of a planting screen, a decorative
fence, meeting the requirements of the Zoning Ordinance, may be used.
(b)
Mechanical equipment shall not be located within the minimum front
yard setback of the underlying zoning district.
(c)
The Mechanical equipment shall be setback from the property lines,
at a minimum, the distance equivalent to the building setback or accessory
building setback requirement of the underlying zoning district.
(12)
All power transmission lines from the ground mounted Solar Energy
System to any building or other structure shall be located underground.
(13)
Solar panels shall be placed and set such that concentrated solar
radiation or glare shall not be directed onto nearby properties or
roadways.
(14)
A Solar Energy System shall not be constructed until a building permit
has been approved and issued. Construction shall conform to the extent
applicable, to the Pennsylvania Uniform Construction Code. The design
of the Solar Energy System shall conform to applicable industry standards.
The Applicant shall submit certificates of design compliance obtained
by the equipment manufacturers from a certifying organization and
any such design shall be certified by an Engineer registered in the
Commonwealth of Pennsylvania.
(15)
The design of the Solar Energy System shall, to the extent reasonably
possible, use materials, colors, textures, screening and landscaping
that will blend the system into the natural setting and existing environment.
(16)
A Solar Energy System shall not be used to display advertising or
have attached to it any type of signage, streamers, pennants, spinners,
reflectors, ribbons, tinsel, balloons, flags, banners or similar materials
except reasonable identification of the manufacturer of the system
provided they comply with the sign regulations of the Zoning Ordinance.
(17)
If the Solar Energy System is at the end of its useful life, abandoned
or is in a state of disrepair such that it poses a threat to public
health, safety or welfare, it shall be the responsibility of the property
owner, at his expense, to remove or maintain the Solar Energy System
within three months. Such a facility will be presumed to be abandoned
or at the end of its useful life if no electricity is generated for
a continuous period of 12 months.
(a)
If the property owner fails to remove or make the necessary repairs
within the said three-month period, then the Borough shall give written
notice to the property owner to accomplish such within 30 days.
(b)
If removal or repair has not been completed within 30 days of said
written notice by the Borough, then Borough may accomplish said removal
or repair and charge the property owner for all the costs and expenses,
including reasonable attorney’s fees for collection.
F.
Solar
Energy Commercial Systems are prohibited as a principal use in all
zoning districts except in the Extractive Industrial Zoning District.
