Borough of Braddock Hills, PA CONDITIONAL USES AND PLANNED DEVELOPMENTS

[Ord. 2-1991, 7/12/1991]

Conditional uses as specified on Table 201[1] [Part 2] may be allowed or denied by the Council after recommendation by the Planning Commission in accordance with procedures set forth in this Part. A conditional use shall be approved if, and only if, it is found to meet the following criteria:

The proposed use shall conform to the district and conditional use provisions and all general regulations of this Chapter.

The proposed use shall meet all special standards which may be applied to its class of conditional use as set forth in this Part.

The proposed use shall not involve any element or cause any condition that may be dangerous, injurious, or noxious to any other property or persons, and shall comply with the performance standards of § 27-404.

The proposed use shall be sited, oriented and landscaped so that the relationship of its building and grounds to adjacent buildings and properties does not impair health, safety or comfort and does not adversely affect values of adjacent property.

The proposed use shall produce a total environmental effect which is consistent with, and not harmful to, the environment of the neighborhood.

The proposed use shall organize vehicular access and parking to minimize conflicting traffic movement on adjacent streets.

The proposed use shall promote the objectives of this Chapter and shall be consistent with the Comprehensive Plan for Braddock Hills Borough.

Major excavation shall comply with all pertinent sedimentation and erosion control regulations, and shall not endanger structures or other improvements on any adjacent property. No extraction of oil, gas, coal or other minerals shall be conducted within 1,000 feet of any existing house or principal structure.

Child care centers shall be at least 1,000 feet apart from each other, shall not be located on lots of less than 6,000 square feet, and shall provide outdoor recreational facilities suitable to the age groups being served.

Community uses when located in or adjacent to a residential district shall provide proper separation and protection for abutting residential property.

Gas stations shall not be located on lots of less than 6,000 square feet, shall have side yards of not less than 10 feet, and shall not have any tank for the storage of flammable or otherwise hazardous material closer than 30 feet to any property line.

Group residences shall be at least 500 feet apart from each other, shall not be located on lots of less than 6,000 square feet, nor on lots having less than 400 square feet for every sleeping room or for every two beds, whichever is greater. Such uses shall have side yards of not less than 10 feet, and shall not be approved unless plans prepared by an architect or engineer are submitted which clearly indicate that adequate light, ventilation and fireproofing are provided, and that the dwelling facility and its accommodations shall be functional and convenient with regard to the specific needs of the group to be housed in the facility. Group dwellings shall be approved only after Council has found that plans and programs for management of the group dwelling are adequate and appropriate to the population to be housed and that adequate provisions have been made to assure the safety and welfare of the residents of the facility and of the adjacent neighborhood.

No heliport or helicopter pad shall be located on lots of less area than the minimum recommended by appropriate State and Federal regulatory agencies, and the landing area shall be not less than 300 feet from any residential property.

Hillside dwellings may be approved as innovative designs where variations from normal standards result in an improved use and site arrangement of the structure on hillside lots, provided that such improved siting be clearly shown on the proposed site plan. Hillside dwellings may extend into required yards.

Hospitals shall not be located on a lot less than 10,000 square feet.

Hotels shall provide a lot area of not less than 400 square feet per rental unit, and not less than one off-street parking space for each rental unit.

Public buildings and uses when located in or adjacent to a residential district shall provide proper separation and protection for abutting residential property.

Private clubs shall not be located on lots of less than 8,000 square feet and shall have yards of not less than 10 feet.

Recreation clubs shall not be located on lots of less than 8,000 square feet and shall have yards not less than 10 feet.

Utility substations shall provide proper separation and protection for abutting property, and shall not require routine trucking movements on local residential or substandard streets.

[1]

Editor's Note: Table 201 is included as an attachment to this chapter.

§ 27-402 Planned Residential Developments.

[Ord. 2-1991, 7/12/1991]

Planned residential developments may be allowed or denied by Council after recommendation by the Planning Commission in accordance with the procedures set forth in Part 5.

A development plan for a planned residential development shall be approved if, and only if, it is found to meet the following criteria:

(1)

The proposed development plan preserves the community development objectives of this Chapter, and is consistent with the comprehensive plan.

(2)

Where the proposed development plan departs from zoning [Chapter 27] and subdivision [Chapter 22] regulations otherwise applicable to the subject property, such departures must be shown to be in the public interest and promote the health, safety, and general welfare of the public.

(3)

The proposals for the maintenance and conservation of any proposed common open space are reliable, and the amount and extent of improvements of such open space is adequate with respect to the purpose, use, and type of development proposed.

(4)

The physical design of the proposed development plan adequately provides for public services, pedestrian and vehicle traffic facilities and parking, light, air, recreation and visual enjoyment.

(5)

The total environment of the proposed development plan is harmonious and consistent with the neighborhood in which it is located.

(6)

The proposed development plan will afford a greater degree of protection of natural watercourses, topsoil, trees, and other features of the natural environment, and prevention of erosion, landslides, siltation and flooding than if the subject property were developed in accordance with the provisions of the zoning [Chapter 27] and subdivision [Chapter 22] ordinances which otherwise apply.

(7)

(8)

In the case of a development plan which proposes development over a period of years, the development plan will provide at each state of development a sufficient proportion of open space, planned facilities and amenities, and other improvements and conditions as required in this Part and as intended to protect the interests of the public and of the residents of the planned residential development in the integrity of the development plan.

§ 27-403 Criteria for Approval of Planned Residential Developments.

[Ord. 2-1991, 7/12/1991]

Planned residential developments may be approved under provisions of this Part if, and only if, they comply with the following standards and provisions:

Ownership. The entire site for the planned residential development shall be owned or controlled by the developer.

Minimum Size. The site shall not be less than five acres.

Frontage. The minimum frontage abutting on a public right-of-way shall not be less than 200 feet.

Access. The site must provide for access from arterial streets indicated in the comprehensive plan to assure convenient and safe access which will not cause undue congestion or hazard on local streets.

Safety. The site shall be of such a character so as to avoid danger to health or peril from fire, flood, or other hazard. Land containing or providing hazards to life, health and property, such as quarries, open ditches, land subject to flooding, subsidence, landslide-prone, or underground fires shall not be subdivided for residential purposes until such hazards have been eliminated or adequate safeguards are provided under the development plan.

Permitted Uses. The following uses may be permitted in a planned residential development provided their design, arrangement, landscaping, relationship to adjacent properties and uses, and construction meet the requirements set forth in this Chapter:

(1)

In the "S-1" Special District: one-family houses, townhouses, recreation facilities and accessory uses.

(2)

In the "R-1" Single-Family Residential District: one-family houses, townhouses, recreation facilities and accessory uses.

(3)

In the "R-2" Low Density Residential District: one-family houses, townhouses, garden apartments, recreation facilities and accessory uses.

(4)

In the "T-R" Transitional District: one-family houses, townhouses, garden apartments, mobile homes, recreation facilities and accessory uses.

Permitted Density. The overall density shall not exceed an average lot area per family calculated exclusive of public or private streets as set forth on the following Table:

Minimum Lot Area (square feet) Per Family
Type	S-1	R-1	R-2	T-R
Single-Family Dwelling	8,000	8,000	6,000	5,000
Two-Family House	-----	-----	5,000	4,000
Mobile Home	-----	-----	5,000	4,000
Townhouses	3,500	6,000	3,000	2,500
Garden Apartments	3,000	-----	3,000	2,000

Open Space Requirements. Not less than 15% of the total site area shall be set aside for open space, and not less than 50% of such open space shall be developed to a degree commensurate with its location and probable usage. The common open space shall be so dedicated or otherwise preserved and maintained so as to always remain open and available for use by the occupants of the planned residential development. The common open space, including all improvements and facilities, shall be either:

(1)

Dedicated for public use to a public body which agrees to operate and maintain the dedicated land and facilities, but no public body is obliged by this Chapter to accept such dedication.

(2)

Deeded to an organization representing the property owners of the development, which organization shall covenant to operate and maintain land and facilities. Such organization may not be dissolved nor dispose of the common open space unless the maintenance of the common open space is otherwise guaranteed to the Borough's satisfaction.

Common Open Space Maintenance. If the organization established to own and maintain common open space, or any successor organization fails to maintain such common open space in reasonable order and condition in accordance with the development plan, the Borough may serve written notice upon such organization or upon the residents of the planned residential development setting forth the maintenance deficiencies, requiring correction of deficiencies within 30 days, and stating the date and place of a hearing thereon which shall be held within 14 days of the notice. At such hearing the Borough may modify the terms of the original notice as to the deficiencies and may give an extension of time within which they shall be corrected. If the deficiencies so set forth shall not be corrected within the specified time limit, the Borough, in order to preserve the taxable values of the properties within the planned residential development and to prevent the common open space from becoming a public nuisance, may enter upon and maintain the common open space for one year. This maintenance shall not constitute a taking nor vest in the public any rights to use the common open space. Before the expiration of the year, the Council shall set a public hearing where such organization or residents of the planned residential development may show cause why maintenance by the Borough should not continue for another year. If Council determines that such organization is ready and able to maintain said common open space in reasonable condition, the Borough shall cease to maintain said common open space at the end of said year. If the Council shall determine that such organization is not ready and able to maintain said common open space in a reasonable condition, the Borough may, in its discretion, continue to maintain said common open space during the next succeeding year and, subject to a similar hearing and determination, in each year thereafter. The cost of such maintenance by the Borough shall be assessed ratably against the properties within the planned residential development that have a right of enjoyment of the common open space, and shall become a lien on said properties. The Borough at the time of entering upon said common open space for the purpose of maintenance shall file with the County a notice of lien upon properties affected.

Minimum Building Setback. No structure shall be located closer to any boundary of the site than 40 feet. Any structure exceeding 35 feet in height shall be set back one additional foot for every two feet of height exceeding 35 feet.

Building Spacing. The requirements determining the spacing of buildings shall be flexible so as to encourage imaginative site design. The spaces between buildings shall guarantee adequate light, air and emergency access. The minimum distance between the nearest points of any exterior building walls shall be not less than 20 feet.

Maximum Height of Structure. No structure shall have a maximum dimension greater than 250 feet. No townhouse shall have a height greater than three stories, or 35 feet. No garden apartment shall have a height greater than three habitable stories, or 35 feet. Chimneys, spires, towers, tanks, or similar projections may exceed the prescribed height limitation by not more than 25%.

Building Groupings. Structures used for dwelling units shall be oriented so as to ensure adequate light and air exposures for walls containing main window exposures or main entrances. Each structure shall be so arranged so as to avoid undue exposure to concentrated loading or parking facilities.

Staging Development. The density of development within various portions of the planned residential development may vary, provided that at every point during construction the completed portion of the development plan will meet all requirements of this Chapter. It is further required that programs for the construction of areas of greater density concentration than permitted on the entire tract will be offset by site improvements which, because of their size or cost, are in proportion to the number of dwelling units to be constructed in each stage. As an alternative to part or all of the site improvements required to offset development densities in excess of the overall permitted density, the Borough may require the reservation of open space by grant, easement, or covenant in favor of the Borough in an amount and location necessary to balance the excess development density of each stage.

§ 27-404 Required Improvements.

[Ord. 2-1991, 7/12/1991]

The following improvements shall be completed in connection with every planned residential development, and such improvements will be in conformance with such standards as may be specified and required in the Braddock Hills Subdivision Ordinance [Chapter 22] or other Borough, County or State law.

Off-street parking spaces shall be provided in accordance with the provisions of § 27-308.

Fire hydrants shall be provided in the planned residential development in accordance with the Fire Department regulations of the Borough.

Street lights shall be provided by the developer throughout the planned development. The street lights shall be located to ensure adequate illumination in order to protect the safety of the residents of the planned development.

Proposed streets shall be related to street plans or parts thereof as have been officially adopted by the Borough. Proposed streets shall conform to the requirements herein as well and as to any other plans, statute, ordinance, law or regulation applicable thereto. Streets shall be logically related to the topography in order that usable lots and reasonable grades shall be produced. Minor streets shall be so laid out as to discourage through traffic, but provisions will be required for street connections into and from adjacent areas.

Where a planned development abuts or contains an existing or proposed major traffic street, Council may require marginal access streets, rear service alleys, reverse frontage lots or such other treatment as will provide protection for abutting properties, reduction in the number of intersections with major streets, and separation of local and through traffic.

Suitable drainage structures, culverts, storm sewers, ditches and related installations shall be provided to insure adequate drainage of all points along the streets.

Concrete monuments shall be set at the intersection of all lines forming angles in the boundary of the planned residential development. Iron or steel markers shall be set at the beginning and ending of all curves along street property lines, at all points where lot lines intersect curves, either front or rear, and at all angles and property lines of lots and at all other lot corners.

Pedestrian interior walks shall be required where necessary to assist circulation or provide access to community facilities. Such interior walks shall have a paved width of not less than four feet.

When topsoil has been removed from the surface on a slope where erosion may cause a displacement of loose material, the area shall be seeded or otherwise treated as soon as possible to prevent damage to adjacent property or streets.

Surety bonds to ensure satisfactory completion of required improvements and maintenance, inspection procedures and acceptance of any public rights-of-way shall conform to the requirements of the Subdivision Regulations [Chapter 22] of the Borough of Braddock Hills.

If water is to be provided by means other than by private wells owned and maintained by the individual owners of lots within the planned development, the developer shall present evidence to Council that the planned development is to be supplied by a certified public utility, a bona fide cooperative association of lot owners, or by a municipal corporation, authority or utility. A copy of a certificate of public convenience from the Pennsylvania Public Utility Commission or an application for such certificate, a cooperative agreement, or a commitment or agreement to serve the area in question, whichever is appropriate shall be acceptable evidence.

All utilities located within a planned residential development shall be located underground.

§ 27-405 Performance Standards.

[Ord. 2-1991, 7/12/1991]

All uses shall comply with the requirements of this Section. In order to determine whether a proposed use will conform to the requirements of this Chapter, Council may obtain a qualified consultant to testify, whose cost for services shall be borne by the applicant.

Fire Protection. Fire prevention and fire fighting equipment acceptable to the Borough Fire Official shall be readily available when any activity involving the handling or storage of flammable or explosive materials is carried on.

Electrical Disturbances. No activity shall cause electrical disturbance adversely affecting radio or other equipment in the vicinity.

Noise. Noise which is determined to be objectionable because of volume, frequency, or beat shall be muffled or otherwise controlled. Fire sirens and related apparatus used solely for public purposes shall be exempt from this requirement.

Vibrations. Vibrations detectable without instruments on neighboring property in any district shall be prohibited.

Odors. No malodorous gas or matter shall be permitted which is discernible on any adjoining lot or property.

Air Pollution. No pollution of air by fly ash, dust, smoke, vapors, or other substance shall be permitted which is harmful to health, animals, vegetation or other property.

Glare. Lighting devices which produce objectionable direct or reflected glare on adjoining properties or thoroughfares shall not be permitted.

Erosion. No erosion by wind or water shall be permitted which will carry objectionable substances onto neighboring properties.

Water Pollution. No water pollution as defined by the standards established by the State and Federal governments shall be permitted.

§ 27-406 Radio Communications Facilities.

[Ord. 2-1991, 7/12/1991; as added by Ord. 5-1992, -/-/1992]

Radio communication facilities must meet the following criteria, in addition to any other criteria for conditional uses set forth in this Part.

Approval of the communication tower must be obtained from the Federal Aviation Administration (FAA) prior to the issuance of a building permit and the radio communications facility must at all times comply with applicable FAA and Federal Communications Commission (FCC) regulations.

Construction of Communications Tower.

(1)

The communications tower and equipment related thereto may exceed the maximum permitted height for the S-1 Institutional District provided that every required yard is increased by one foot for each additional foot of height of the tower and equipment related thereto; provided, however, except as set forth in Subsection 1B(2) below, there shall be minimum yard requirement if the tower is constructed as follows:

(a)

The lower half of the communications tower is constructed to 25% above the Electronic Industries Association RS 222-E ("EIA Code") with the upper half constructed at normal EIA code requirements.

(b)

The communications tower shall be constructed using all solid steel members rather than tubes or pipes.

(2)

In no event shall any yard requirement be reduced to less than 40% of the height of the communications tower and/or equipment mounted thereon.

(3)

In no event shall the height of the communications tower structure exceed 200 feet nor shall any equipment mounted to the tower exceed an additional 25 feet above the top of the tower structure. No strobe lighting shall be permitted under any circumstances. The height of the tower and/or any equipment mounted thereto shall be reduced, if necessary, to avoid the need for strobe lighting should strobe lighting be required by any applicable regulations including, but not limited to, those of the FAA.

The communications tower and related equipment or structures must meet or exceed all applicable building codes including, but not limited to, applicable EIA Code and Building Officials and Code Administrators regulations; the communications tower shall also be structurally inspected on an annual basis.

The communications tower must be shielded or guarded against climbing to deter unauthorized access to the tower structure.

The communications tower and all equipment and structures related thereto must be enclosed by a chain link fence 10 feet high with an additional three strands of barbed wire constructed atop the entire length of the chain link fence.

Access to the fenced area shall be restricted and remain locked at all times.

Any structures related to the communications tower shall be equipped with a twenty-four-hour security system.

The security system shall be a dual warning system which alert the local police department and the public utility, public authority or municipal or other governmental agency operating the facility.

No trespassing signs shall be conspicuously posted on every side of the fence enclosing the facility and said signs shall include the name and telephone number of the entity to be contacted in the event of an emergency.

There shall be no ancillary or accessory uses of the facility including, but not limited to, commercial communications uses.

Any emergency electric generator shall be located within an enclosed equipment building which building shall be designed to completely contain any possible liquid fuel spill or leak from said emergency generator.

The communications tower and related equipment and structures shall be promptly removed if the communications tower is not used for communications purposes for any continuous one-year period.

The power output for each antenna located on the communications tower shall not exceed 150 watts and microwave equipment shall be limited to equipment required for point-to-point microwave transmissions.

The communications facility shall not cause any interference including, but not limited to, interference with radio, television or satellite dish reception, citizen's band communications or any other two way communications.

§ 27-407 Criteria for Approval of Self-Storage Facilities.

[Ord. 2-1991, 7/12/1991; as added by Ord. 2-2000, 5/11/2000; amended by Ord. 4-2009, –/–/2009; and by Ord. 1-2016, 6/15/16]

The property shall have access directly onto an arterial or collector street with sufficient capacity to handle traffic generated by the proposed use.

The maximum building height shall be two stories and 30 feet for self-storage facilities located in the B-2 zoning district. Self-storage facilities may exceed two stories and 30 feet in the B-1 zoning district.

The location of entrances and exits shall be clearly marked with on-lot circulation delineated by on-premises directional signs or pavement markings.

The location, configuration and construction of curb-cuts, entrances and exits shall be subject to the approval of the applicable governmental body or regulatory agency.

All driveways, parking and loading areas shall be paved with asphalt or a similar surface sufficient to bear the expected loads and shall be properly drained. A minimum of three off-street parking spaces shall be provided on site to serve the manager's quarters. Additional paring shall be required and provided as follows:

One space for each 10 storage units or part thereof, equally distributed throughout the storage area.

One space for each 25 storage units or part thereof, which shall be located near and accessible to the facility's office to be used by clients, prospective clients and other business visitors.

In addition to required parking and loading area(s), adequate stacking space for vehicles awaiting loading and unloading shall be provided.

The minimum lot area shall be at least five acres and the minimum yard areas shall be as follows:

Front: 50 feet.

Rear: 20 feet.

Sides: 20 feet.

Manager's quarters may be permitted as an accessory use thereto and shall be limited to two adults.

Outdoor lighting shall be installed in such a manner as to be directed away from streets and adjacent residential uses.

Exterior finishes of the storage units shall be compatible with the character of the development on adjoining properties and shall be of "earth tones" in color.

10.

The minimum distance from the face of any storage building to the face of any adjacent storage building shall be 28 feet for storage units which are less than 15 feet in depth and 42 feet for storage units which are more than 15 feet in depth. The minimum distance from the ends or backs of any storage building to the ends or backs of any adjacent storage building shall be 20 feet.

11.

Buffer yards and fencing shall be maintained along all lot lines in conformity with the specifications as set forth below:

Buffer Yard. The buffer yard shall be 35 feet in depth, measured from each property line of the facility, and shall be comprised of two rows of planting with tress being a mix of evergreen and deciduous trees with a minimum diameter of two inches at a point and one foot above the ground, spaced within the row, 10 feet apart. The two rows shall be staggered so that adjacent trees in the two rows shall be no more than five feet apart. In addition, a row of low level evergreen shrubs/hedges or a grass covered earthen mound shall be provided in the buffer yard. The buffer yard is further identified on the schematic drawing attached hereto and marked Exhibit "A."

Exhibit A

Fencing. The perimeter of the facility shall be fenced with a minimum eight foot fence with self-latching gate. The fence shall be supplemented with screening material which creates a visual barrier that is at least 80% opaque and shall be of an earth tone color.

12.

No building within a self-storage facility shall exceed 250 feet in length.

13.

No door openings accessing storage units shall face an adjacent residential zoning district.

14.

Individual storage units may not be equipped with sanitary sewer service or water.

15.

In no event shall storage units be designed to accommodate nor shall they be used for the storage of flammable liquids, highly combustible or explosive materials or hazardous chemicals, and the use of a self-storage facility for the same is prohibited.

16.

Each building within a self-storage facility must meet applicable and current building codes and fire safety, protection and prevention codes and/or requirement of the Borough.

17.

The facility and site must fully comply with current and applicable stormwater management regulations.

18.

Examples of activities prohibited in conjunction with this use include but are not limited to the following:

Auctions, commercial wholesales or retail sales or garage sales (except that disposal of abandoned goods pursuant to the Self-Storage Facility Act shall be permitted).

Boats, trailers, appliances, furniture or motor vehicle or small engine repair, service or fabrication.

Operation of welding, wood working or spray painting equipment, kilns.

Transfer and storage businesses.

Any use that is noxious or offensive because of odors, dust, noise, fumes or vibrations.

Storage outside of an enclosed building, except with reasonable conditions and restrictions as may be imposed by the Borough Council.

19.

No business activity other than rental of storage units shall be conducted on the self-storage facility site located in the B-2 business zoning district. In the B-1 office zoning district, accessory and ancillary businesses may be permitted as a conditional use; provided, that they are clearly related to the primary self-storage use.

20.

All one-way driveways within the facility shall have a minimum of one ten foot parking lane plus one eighteen-foot travel lane.

21.

All two-way driveways within the facility shall provide a minimum of one ten-foot parking lane plus two twelve-foot travel lanes. Parking lanes may be eliminated where driveway does not serve storage units.

22.

The design of the storage buildings shall be sealed by a Pennsylvania registered architect.

23.

No advertising or business identification sign(s) shall be placed on the building(s) of the facility or their rooftops. One freestanding business identification sign shall be permitted which complies with the requirements of Braddock Hills Borough for the zoning district in which the facility is located.

24.

A minimum of one fire hydrant shall be provided on the facility subject to the approval of the number and location of hydrants by Braddock Hills Borough. The facility shall comply with all fire codes.

25.

Self-storage facilities located in the B-1 zoning district shall not be required to comply with the requirements of Subsections 1 through 7, 9 through 11 and 23 of this section, but shall be required to comply with any reasonable condition that may be necessary as a result of site characteristics or to protect the health, safety and welfare of the public and/or adjoining property owners.

§ 27-408 Criteria for Approval of a Billboard.

[Ord. 3-2013, 8/22/2013]

Billboards shall be permitted as a conditional use either as a principal use or accessory use on property located in the B-1 office district following approval by the Council of the Borough of Braddock Hills. The following criteria shall be the requirements for approval of the conditional use:

Location. Billboards shall only be permitted within 400 feet of the centerline (measured horizontally) of the street from which they are intended to be viewed; provided, that all of the following additional requirements are met:

Billboards shall not be erected within 500 feet of the property line of any public or private school, church or cemetery, said 500 feet being measured along the same roadway frontage from the center-most point of the billboard structure along a line extending from the center-most point of the billboard which is parallel to the center line of the roadway to which the billboard is oriented. This limitation does not apply to side streets off of the roadway to which the billboard is oriented nor shall it apply to any property listed above where the advertising copy cannot be seen from the principal structure on the lot.

Billboards shall maintain a lateral minimum spacing between any existing or proposed billboard structure of 625 feet. Required spacing shall be measured along both sides of the same roadway frontage from the center-most point of the billboard structure along a line extending from the center-most point of the billboard which is parallel to the center line of the roadway to which the billboard is oriented.

The minimum front, side, and rear yard requirements applying to a principal use as set forth within the zoning district in which the billboard is to be located shall apply to each billboard structure. The size and height regulations set forth in Subsection 2 of this section, shall apply and supersede any size and height regulations that may exist for the B-1 office district.

The maximum lot coverage, if any, specified in the zoning district shall apply to any lot upon which a billboard structure is located and shall be cumulative, including any other structures and buildings on the same lot therewith.

No billboard shall be erected in such a manner as to block the view of a driver traveling at the posted speed limit along road or street for any substantial period of time.

No billboard shall be constructed within the clear sight triangle of the public street or road on which it is situated and shall not in any case obstruct or impede traffic safety.

No billboard structure shall be erected over any public sidewalk or public right of way; provided, however, a sign panel may encroach into the yard area of a lot.

Size and Height. A billboard shall have a maximum allowable gross surface area of 672 square feet per sign face. This gross surface area shall be permitted; provided all the following additional requirements are met:

A billboard shall have no more than two sign faces per billboard structure.

The billboard structure may have sign faces placed back to back or in a V-shaped configuration on a single billboard structure.

The dimensions of the gross surface area of the billboard's sign face shall not exceed 14 feet in total height or 48 feet in total length, provided the total gross surface area for the sign face is not exceeded.

Notwithstanding the height limitation in the underlying district, a billboard structure shall have a maximum height above the curb of the roadway from which it is intended to be viewed of 60 feet.

Construction Methods. Billboards shall be constructed in accordance with applicable provisions of the Uniform Construction Code and shall meet all of the following additional requirements:

A billboard structure shall have a maximum of one vertical support being a maximum of four feet in diameter or width and without bracing or vertical supports.

A billboard sign face shall be independently supported and have vertical supports of metal which are galvanized or constructed of approved corrosive-resistant, noncombustible materials and shall be painted.

The one vertical support shall be capable of enabling the entire sign face to be able to withstand a minimum 100 mile per hour wind load.

The base shall be installed using a foundation and footings approved by the Borough's Building Code Officer for the type of construction proposed.

The entire base of the billboard structure parallel to the sign face shall be permanently landscaped with suitable shrubbery and/or bushes of minimum height of three feet placed in such manner as to screen the foundation of the structure.

Landscaping shall be maintained by the sign owner in an attractive and healthy manner in accordance with accepted conservation practices.

Permanent landscaping shall form a base and/or backdrop to the billboard sign when practical in the opinion of the Zoning Officer.

No bare cuts are permitted on a hillside.

All cuts or fills are to be permanently seeded or planted.

A billboard with display lighting or an electronic sign panel shall be constructed so that it does not glare upon adjoining property. The light intensity measured at any lot line shall not exceed a maximum foot-candle of 3.0 after sunset and before dawn. Where light is reflected in a street area, the intensity measurement shall be made on the right-of-way line across the street from where the light emanates.

Display lighting shall not operate between 12:00 midnight and 5:00 a.m., prevailing local time.

All billboards and/or display lighting shall operate according to the following standards:

(1)

All messages/displays shall remain unchanged for a minimum of six seconds.

(2)

The time interval used to change from one complete message/display to the next completed message/display shall be a maximum of one second.

(3)

There shall be no appearance of visual dissolve or fading in which any part of one electronic message/display appears simultaneously with any part of a second electronic message/display.

(4)

There shall be no appearance of flashing or sudden bursts of light, and no appearance of animation, movement, or flow of the message/display.

(5)

Any illumination intensity of contrast of light level shall remain constant.

For an electronic sign panel the following additional requirements shall apply:

(1)

Duration. The full electronic sign panel image or any portion thereof must have a minimum duration of six seconds and must be a static display.

(2)

Transition. The time interval to change from one message/display to another message or display shall not exceed one second.

(3)

Dimmer Control. No electronic sign panel shall be erected without an ambient light detector/photocell, a schedule dimming timer, or a manual control by which the sign's brightness can be dimmed or brightened when ambient light conditions change.

(4)

Functionality. All illumination must be maintained in proper working order. Each electronic sign panel must have an electronic monitoring system which reports any change in status or malfunction immediately to its off-site operator.

Maintenance.

The surface coating of a billboard structure shall be inspected every five years and where there is peeling or deteriorated coatings, they will be promptly repaired.

Every 10 years, the owner of the billboard shall have a structural inspection made of the billboard by a qualified Pennsylvania Registered Engineer and shall provide to the Borough a certificate from the Engineer certifying that the billboard is structurally sound.

Annual inspections of the billboard shall be conducted by the Borough to determine compliance with this chapter.

Billboards found to be in violation of this chapter shall be brought into compliance or removed within 30 days upon proper notification by the Borough.

Billboards using removable paper or other materials shall be maintained in such condition as to eliminate loose or frayed material protruding or hanging from the structure. All paper and other waste materials shall be removed from the site and disposed of properly whenever any sign face is changed.

Liability Insurance. The applicant for a sign permit to erect a billboard shall provide a certificate of insurance for public liability and property damage which holds the Borough harmless, in an amount acceptable to the Borough Solicitor. Such insurance shall not be canceled or reduced without first giving 10 days' notice to the Borough.

Permits.

Conditional use approval shall be valid for one year from the date of action by the Council of the Borough granting the conditional use. If the applicant fails to obtain a sign permit for the approved billboard within the one year period, conditional use approval shall expire automatically, without written notice to the applicant.

The issuance of a sign permit for a billboard which has been granted conditional use approval shall be conditioned upon the approval of the Pennsylvania Department of Transportation (PennDOT) for billboards along state highways if so required and any other permit that may be required from any governmental body having jurisdiction over the placement or erection of the billboard for which an application has been submitted. If the applicant fails to submit evidence of the required approval from PennDOT or any other required permit within 90 days of the issuance of the conditional sign permit, the sign permit shall be revoked by the Borough Building Inspector who shall provide written notice to the applicant.

The applicant may reapply for the required sign permit, upon submission of evidence of PennDOT approval, without payment of any additional sign permit fee, provided the application is filed within the six-month period during which the conditional use approval is valid.

The applicant shall be subject to the prevailing fee for complete replacement of the sign structure.

Application and Permit Fees. Said application shall be accompanied by an application fee in an amount equal to that set from time to time by resolution of the Council of the Borough of Braddock Hills. If the conditional use is approved, the applicant shall pay a billboard permit fee and annual fee as established by resolution of Council.