Article V Supplementary Regulations

Application of district regulations.

Unless otherwise provided by law or specifically in this chapter, no land, building, or structure shall be used or occupied except for a use permitted in the zoning district within which the land, building, or structure is located.

(2)

The regulations set forth in this chapter shall apply uniformly to each class or type of land, building, or structure, except as otherwise provided for in this chapter.

(3)

No building or structure shall hereafter be erected, constructed, reconstructed, moved, or structurally altered and no building, structure, or part thereof shall hereafter be used or occupied unless it is in conformity with the regulations of this chapter specified for the use and district in which it is located. These include, for example, regulations for height, lot area, floor area, yard dimensions, and residential density.

(4)

No part of a yard or other open space or off-street parking or loading space required in connection with any use for the purpose of complying with this chapter shall hereafter be included or shared as part of a yard, open space, or off-street parking or loading space similarly required for any other use, unless otherwise specified by this chapter.

(5)

No yard or lot existing at the time of passage of this chapter shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this chapter shall meet at least the minimum requirements established by this chapter.

(6)

No more than one principal use shall be permitted on a lot, unless otherwise specified by this chapter.

Buffers and setbacks across municipal boundaries. If a lot, use, or structure extends across municipal boundaries, the buffer yard and setback requirements of this chapter shall still apply.

Annexed territory. All territory which may hereafter be annexed by the City shall be automatically included in the district which most nearly corresponds to the zoning classification of the land at the time of annexation, unless otherwise specified in the ordinance of annexation.

§ 445-17 Deviations from dimensional requirements.

Lot size reduction. No lot shall be reduced in size or otherwise altered so that any nonconformity with this chapter or any other applicable ordinances shall be created. This Section, however, shall not prohibit lot size reductions when such reduction is the result of conveying a portion of a lot to a government, government agency, or public utility for public purposes in an easement or a taking.

Permitted encroachments in required yard areas. The following encroachments are permitted in required yard areas (excluding buffer areas), provided that they do not cause the maximum impervious surface area or lot coverage to be exceeded beyond what is permitted for a lot in the underlying zoning district or are required by law for the purpose of public safety:

(1)

Light fixtures, other than lighting poles for recreational uses;

(2)

Sidewalks or walkways on grade;

(3)

Sidewalk or walkway steps, when not connected to a building, porch, deck, or other part of a building or structure or when required by law;

(4)

Handrails along sidewalk or walkway steps;

(5)

Access drives;

(6)

Except in required Front Yard, parking spaces for dwellings having three or fewer dwelling units or for uses and/or districts otherwise exempted by this chapter;

(7)

Roof overhangs, egress window wells and doors, HVAC equipment, and emergency power generators, up to a maximum dimension of two feet measured horizontally;

(8)

Flagpoles of the display of official government flags of the United States and its political subdivisions, provided that such flagpoles do not exceed the maximum height limitations specified in Subsection C;

(9)

Vegetation, including trees, landscaping, and vegetative buffering, provided that a clear sight triangle is maintained at intersections of public rights-of-way and/or public rights-of-way with private driveways;

(10)

Landscaping materials, excluding patios, decks, and porches not otherwise exempted by this chapter;

(11)

Outdoor seating areas may be permitted under other regulations of the City of Scranton;

(12)

Awnings and canopies specifically permitted under the provisions of this chapter;

(13)

Decorative lawn ornaments and walls not exceeding 32 inches in height;

(14)

Bird feeders;

(15)

Stormwater management facilities not designed to retain a permanent standing pool of water;

(16)

Traffic control devices required by a government or government agency;

(17)

Structures required for maintaining the safe passage of vehicular or pedestrian traffic;

(18)

Utility structures not exceeding seven feet in height, including emergency call stations, other than wireless communication facilities;

(19)

Railroad sidings;

(20)

Public transit stops involving surface improvements and shelters;

(21)

Containers for the collection by municipal authorities of residential solid waste, recyclables, or compost;

(22)

Functional rain barrels holding less than 65 gallons that are connected to a roof downspout system of a building or structure; and

(23)

Public bicycle racks, benches, planters, and similar public street furniture.

Maximum height exceptions.

(1)

The following structures, when erected with a principal or accessory building roof, may exceed the permitted height of the associated building by 50%, provided that in no situation shall structures associated with buildings of 100 feet in height or taller extend 25 feet vertically beyond the roof of the associated building:

(a)

Chimneys;

(b)

Spires;

(c)

Belfries, steeples, minarets, and other similar structures associated with places of worship/assembly;

(d)

Cupolas and domes;

(e)

Silos associated with agricultural uses;

(f)

Flagpoles;

(g)

Utility poles, masts, and towers;

(h)

Antennas, other than satellite antennas and antennas associated with wireless communication facilities;

(i)

Skylights;

(j)

Tanks; and

(k)

Penthouses for housing mechanical equipment.

(2)

The following freestanding structures are permitted to exceed the maximum height limitations specified in this chapter:

(a)

Utility poles, masts, and towers associated with a public utility under the jurisdiction of the Pennsylvania Public Utility Commission, when found by the Zoning Hearing Board to not adversely affect public health, safety, and welfare or the use and value of adjacent lots and when the applicant can demonstrate a public need for such structures that cannot be accommodated if the structures were not constructed to exceed the maximum height limitations of the underlying zoning district; and

(b)

§ 445-18 Stormwater management.

All stormwater management regulations as required by the Commonwealth of Pennsylvania apply to lands within the City. Refer to the any and all applicable ordinances as updated by the City, including but not limited to the City's Subdivision and Land Development and stormwater management ordinances.

§ 445-19 Grading and erosion control.

All grading and erosion control regulations as required by the Commonwealth of Pennsylvania apply to lands within the City. Refer to the any and all applicable ordinances as updated by the City, including but not limited to the City's Subdivision and Land Development and stormwater management ordinances.

§ 445-20 Slope control.

All slope control regulations as required by the Commonwealth of Pennsylvania apply to lands within the City. Refer to the any and all applicable ordinances as updated by the City, including but not limited to the City's Subdivision and Land Development and stormwater management ordinances.

§ 445-21 Buffer areas and screening.

Applicability.

(1)

Nonresidential uses abutting residential uses or districts.

(a)

When a nonresidential use is established which abuts a Residential District or a residential use, a landscaped buffer shall be established on the site of the nonresidential use immediately adjacent to and parallel to the residential use.

(b)

The nature of the buffer area(s) permitted for the nonresidential use is specific to the zoning district of the use but includes one or more of the buffer area classes established in Subsection B. When more than one buffer area class is listed for a zoning district, any of the listed alternatives may be provided to satisfy the buffer area requirement.

(c)

When the width of a required buffer area is in conflict with the minimum yard requirements for the zoning district, the greater distance shall apply.

(2)

Parking lots abutting public streets.

(a)

When a parking lot containing five or more parking spaces abuts a public street right-of-way, a landscaped Class C buffer area shall be established in the yard setback area between the parking lot and the public street.

(b)

When the width of a required buffer area is in conflict with the minimum yard requirements for the zoning district, the greater distance shall apply.

Buffer area classes. The following classes of buffer areas are hereby established and shall be applied as follows:

(1)

Class A buffer area. Required when an industrial, manufacturing, industrial-outdoor storage yard, junkyard, or loading dock for tractor-trailer use is involved.

(a)

The depth shall be dependent on the yard requirement for the zoning district but shall not be less than 25 feet.

(b)

The buffer area shall consist of an earthen berm between three feet and seven feet high, with slopes not greater than three feet horizontal to one foot vertical.

(c)

The buffer area shall include the following density of trees and shrubs located on the top or street side of such berm, per 100 linear feet of buffer area:

[1]

At least four deciduous shade trees or at least 10 evergreen trees, or some fractional combination of both; and

[2]

At least 10 evergreen shrubs or at least 25 deciduous shrubs, or some fractional combination of both.

(2)

Class B buffer area. Required for all other uses when the yard requirement is more than five feet.

(a)

The depth shall be dependent on the yard requirement of the zoning district but shall not be less than five feet.

(b)

The buffer area shall the following density of trees and shrubs, per 100 linear feet of buffer area:

[1]

At least four deciduous shade trees or at least 10 evergreen trees, or some fractional combination of both; and

[2]

At least 10 evergreen shrubs or at least 25 deciduous shrubs, or some fractional combination of both.

(c)

In lieu of a buffer area with trees, an opaque or ornamental fence meeting the dimensional, material, and transparency requirements of § 445-23 and/or a decorative or retaining wall of up to four feet in height may be utilized together with the shrub requirements found in Subsection B.

(3)

Class C buffer area. Required for all other uses when the yard requirement is less than five feet or for parking lots with five or more vehicles.

(a)

This buffer area class shall apply to situations in which the minimum yard requirement of the zoning district is less than five feet, if applicable.

(b)

The buffer area shall include an opaque or ornamental fence meeting the dimensional, material, and transparency requirements of § 445-23.

(c)

If five or more parking spaces face the buffer area, a continuous row of evergreen shrubs shall be planted alongside the fence to provide a year-round visual screen capable of acting as a barrier to light beams emanating from the headlights of motor vehicles.

Buffer area planting requirements.

(1)

All plantings within buffer areas shall be adhere to the following measurements at the time of installation:

(a)

Deciduous shade trees shall have a minimum trunk diameter of two inches, as measured six inches above the ground.

(b)

Evergreen trees shall be at least six feet tall.

(c)

Shrubs shall be at least two feet in height.

(2)

Trees, shrubs, and groundcovers shall be planted in accordance with accepted conservation practices.

Existing trees in buffer areas.

(1)

Where trees of a minimum of two inches in trunk diameter measured six inches about the root collar already exist within a required buffer area, such trees shall remain undisturbed, except that diseased or dead material may be removed.

(2)

Healthy existing trees retained within a buffer area may be credited toward buffer area requirements when such trees are shown on approved plans and are adequately protected during construction.

Maintenance and protection of buffer areas.

(1)

All required landscape buffer areas, including plantings and fences, shall be protected from encroachment by motor vehicles by installation of curbs, wheel stops, or other features separating the buffer area from the areas improved for vehicle parking or circulation.

(2)

It shall be the continuing responsibility of the landowner or lessee to assure the continued growth of all required landscaping and/or to replace diseased or dead landscaping. Fences must also be continually maintained and replaced when damaged. Failure to replace required landscaping or fencing shall be a violation of this chapter and shall be subject to the enforcement provisions in Article XI and in any other applicable ordinance.

§ 445-22 Landscaping and tree preservation.

Landscaping requirements.

(1)

General requirements.

(a)

Required buffer areas shall be reserved solely for open space and landscaping. No proposed building addition, structure, parking area, or any other type of physical land improvement shall be located in a required buffer; provided, that driveways or roads may cross required buffers if necessary to provide access to the building site. Sidewalks, bikeways, and pedestrian paths may also be located within required buffers.

(b)

Selected trees and shrubs shall not include invasive plants as determined by the Pennsylvania Department of Conservation and Natural Resources (DCNR).

(c)

All landscaping, trees, and planting materials adjacent to parking areas, loading areas, or driveways shall be properly protected by barriers, curbs, or other means from damage by vehicles. In addition, the tree or shrub shall be planted a minimum of three feet from any curb.

(d)

Plant materials with seasonal diversity should be selected and distributed throughout the site where possible.

(e)

No tree, shrub, fence, wall, or similar item shall be installed in the sight triangle of any corner, street intersection, or accessway intersecting a public right-of-way that would cause an obstruction to visibility.

(2)

Landscaping plan requirements. When a site or land development plan requires the installation of landscaping, a landscaping plan shall be submitted along with the site or land development plan, subject to the following requirements:

(a)

The location of all buffer yards and planting areas shall be graphically depicted.

(b)

The plan must graphically depict the distribution, mature height, and spread of all required plant materials.

(c)

The plan must show a table which identifies the required and proposed number of each plant species being provided for each type of buffer, screen, or other use. The table shall also identify the scientific and common name of each plant, the mature height and spread, and the symbol used for the plant.

(3)

Planting standards. All landscape material planted shall meet or exceed the following standards at the time of planting:

(a)

All deciduous shade trees shall reach a height of at maturity of at least 30 feet with a spread of at least 30 feet and shall have a trunk diameter of at least two inches at planting when measured six inches above the ground. Deciduous shade trees are to be planted such that the majority of the canopy is located on the lot of the planting.

(b)

All evergreen trees shall reach a minimum height of 20 feet at maturity and shall be a minimum of six feet tall at planting.

(4)

All understory trees shall reach a minimum height of 10 feet at maturity and shall have a trunk diameter of 1.5 inches as measured six inches above the ground at planting. See the City's official plant list for a listing of permitted understory trees.

(5)

All deciduous or evergreen shrubs used for screening purposes shall reach a minimum height of five feet at maturity and shall be at least three feet tall at planting.

(6)

All deciduous or evergreen shrubs used for general or parking lot landscaping must be a minimum of two gallons at planting.

(7)

Where plantings would result in an inappropriate or impractical design due to underground utilities, overhead wires, or other factors, the following substitutions may be made:

(a)

Two understory trees meeting the requirements of Subsection A(4) above may be substituted for one deciduous shade tree.

(b)

Two evergreen trees may be substituted for one deciduous shade tree.

(c)

One deciduous shade tree may be substituted for five shrubs.

(8)

Maintenance requirements.

(a)

The owner or his agent shall be responsible for the maintenance, repair, and replacement of all landscaping materials and screening fences or walls to maintain conformance with landscaping requirements.

(b)

Any plant material that is 50% dead or more shall be considered dead and must be replaced.

(c)

Replacements shall be of the same size and type of plant as shown on the landscaping plan.

(d)

All landscaped areas shall be kept free of litter and trash.

Preservation of existing vegetation.

(1)

Preservation of existing trees or groves of three or more trees with a trunk diameter (caliper) of at least four inches when measured at breast height shall enable an applicant to obtain credit toward lot coverage requirements. For every additional tree beyond the three trees preserved, the square footage of the critical root zone circumference of the grove of trees preserved may be used to determine credit toward impervious surface requirements, up to a 15% increase in additional impervious surface beyond the base requirement.

(2)

For instance, if a one acre development (43,560 square feet) is located in a part of the City that permits a lot coverage of 30% impervious surface (13,068 square feet) and there are 50 trees of a four-inch caliper or greater, the following calculations would be performed to determine the minimum additional site area that may be impervious beyond the 30% base requirement:

(a)

Trunk diameter (caliper): four inches;

(b)

Critical root zone ratio: one inch of trunk diameter (caliper) for every 18 inches of critical root zone radius;

(c)

Critical root zone radius: four inches x 18 inches = 72 inches (six feet);

(d)

Critical root zone (in square feet): six feet squared x TT (pi) = 113 square feet;

(e)

Additional permitted impervious surface: 50 qualifying trees x 113 square feet = 5,655 square feet;

(f)

Total permitted impervious surface with credit: 13,068 square feet + 5,655 square feet = 18,723 square feet (43% impervious surface).

Note that this example development would not be able to go beyond 45% impervious surface even if there were a substantially higher number of qualifying trees preserved, as 45% is equivalent to 15% in additional impervious surface beyond the base 30% minimum requirement.

§ 445-23 Fences and walls.

Fences in Residential Districts. Fences erected on lots in Residential Districts shall be subject to the following regulations:

(1)

The maximum height of a fence panel in a front yard shall be four feet.

(2)

The maximum height of a fence panel in a side or rear yard shall be six feet, except when abutting alleys, where the maximum height shall be four feet.

(3)

The bottom of a fence panel shall not extend more than four inches above the surface or ground that supports the fence.

(4)

Fence posts shall not extend more than eight inches from the top of the fence panels.

(5)

No fence shall be erected at such a location as to interfere with minimum sight distance specifications for street intersections and intersections of driveways and streets as established in the adopted subdivision and land development regulations of the City of Scranton.

(6)

Stockade fences shall not be permitted in front yards.

(7)

All fences shall comply with vision clearance distances as described herein. All fences must be constructed of wood, chain link, stone, rock, concrete block, masonry brick, brick, decorative wrought iron, or other material(s) which are similar in durability. Unacceptable fence materials include cast-off, secondhand, and other items not originally intended to be fencing (examples include plywood, particle board, paper, visqueen plastic, plastic tarp and similar materials, razor wire and other dangerous materials, sheet metal, roll metal, and corrugated metal).

(8)

The Zoning Hearing Board may grant a special exception to erect fence panels on a lot in excess of the maximum height, if the applicant can demonstrate to the Zoning Hearing Board's satisfaction that due to topographical constraints or special needs related to the use of the lot in questions, fence panels of a greater height than normally prescribed are necessary. The Zoning Hearing Board shall also find that such fence panels exceeding the maximum permitted height will not have a significant negative impact on surrounding lots. The Zoning Hearing Board may attach reasonable conditions such as landscaping requirements or setback requirements when granting such a special exception.

Fences in all other districts. Fences erected on lots in districts other than those classified as Residential Districts shall be subject to the following regulations:

(1)

The maximum height of a fence panel shall be 10 feet, except when the lot is located next to a Residential District or an alley, in which cases the maximum height shall be six feet.

(2)

The bottom of a fence panel shall not extend more than four inches above the surface or ground that supports the fence.

(3)

Fence posts shall not extend more than eight inches from the top of the fence panels.

(4)

(5)

(6)

Retaining walls. Retaining walls necessary to support the geotechnical needs of a lot shall be permitted.

§ 445-24 Regulation of nuisance elements.

Noise control.

(1)

No person shall operate or cause to be operated on public or private property any source of continuous sound (any sound which is static, fluctuating, or intermittent with a recurrence greater than one time in any fifteen-second interval) in such a manner as to create a sound level which exceeds the limits set forth for the receiving land use group in the following table when measured at or within the property boundary of the receiving land use:

Sound Level Limits and Permitted Hours by Receiving Land Use Group
Land Use Group(s) Receiving Noise	Hours and Days	Maximum Permitted Sound Level (dBA)
Residential Care-Related Institutional Conservation	7:00 a.m. to 10:00 p.m., other than Sundays and legal holidays	62
Residential Care-Related Institutional Conservation	10:00 p.m. to 7:00 a.m., plus Sundays and legal holidays	52
Commercial	7:00 a.m. to 10:00 p.m., other than Sundays and legal holidays	67
Commercial	10:00 p.m. to 7:00 a.m., plus Sundays and legal holidays	62
Industrial Infrastructure	All times and days	70

(2)

The maximum permissible sound level limits set forth in Subsection A shall not apply to any of the following noise sources:

(a)

Uses falling under the Agricultural land use group;

(b)

The emission of sound for the purpose of alerting persons to the existence of an emergency;

(c)

Emergency work to provide electricity, water, or other public utilities when public health or safety are involved;

(d)

Domestic power tools, between the hours of 7:00 a.m. and 10:00 p.m.;

(e)

Construction, including necessary blasting and explosives between the hours of 7:00 a.m. and 10:00 p.m., and street and utility repair operations;

(f)

Motor vehicles traveling on public streets, except as otherwise specified by law;

(g)

Public celebrations specifically authorized by the City of Scranton;

(h)

Railroads and airplanes; and

(i)

The unamplified human voice.

(3)

For any source of sound which emits an impulsive sound (a sound of short duration, with an abrupt onset and rapid decay and an occurrence of not more than one time in any fifteen-second interval), the sound level shall not exceed 20 dBA over the ambient sound level, regardless of time of day or night or receiving land use group.

Vibration control. No person shall operate or permit the operation of any device or conduct or permit any use to be conducted that creates vibration (detectable without instruments) above the vibration perception threshold of an average person on private property beyond the lot lines of the use generating the vibration or on public property (including the public right-of-way) 50 feet or greater beyond the lot lines of the use generating the vibration. This restriction shall not apply to occasional non-routine blasting that may be necessary during construction or demolition of structures, streets, or utilities.

Dust, dirt, smoke, vapor, gas, and odor control.

(1)

No person shall operate or permit the operation of any device or conduct or permit any use to be conducted which does not conform with the standards set by the Pennsylvania Department of Environmental Protection (DEP), the Air Pollution Control Act of January 8, 1960 (and all amendments thereto), or any other applicable federal or state law or agency.

(2)

No use shall generate odors, smoke, vapors, or gases above the odor perception threshold of an average person on private or public property beyond the lot lines of the use generating the odors.

(3)

No use shall generate dust, dirt, smoke, vapors, or gases at any point for longer than five minutes in any hour of a visible color or shade darker than No. 3 on the Ringelmann Smoke Chart as distributed by the U.S. Department of the Interior, Bureau of Mines.

§ 445-25 Lighting and glare.

General provisions.

(1)

All uses shall direct, deflect, and shield lights and control the intensity of lights and illuminated signs to avoid nuisances and to prevent glare onto other properties and streets. Lights shall not shine directly into the normal line of sight of motorists.

(2)

Low-voltage and light-emitting diode (LED) lighting systems are encouraged.

(3)

All outdoor lighting shall be designed, installed, located, and maintained so that nuisance glare onto adjacent lots or streets shall be minimized and all direct illumination kept within the boundaries of the lot.

(4)

Lighting associated with any canopy structure shall be installed as internal illumination of the canopy only.

Lighting zones. The following lighting zones are hereby established for the zoning districts designated in Article III, with the following maximum illumination provisions for each lighting zone:

Lighting Zone 1 Zoning Districts: CONSV, R-6, R-8, R-9, R-10, R-11
Provision	Measurement
Maximum illumination at lot lines	0.10 horizontal and vertical foot-candles, when measured 3 feet above ground
Maximum on-site illumination value	3 foot-candles, when measured 3 feet above ground
Maximum average on-site illumination	1 foot-candle, when measured 3 feet above ground
Maximum proportion of illumination at a 90° angle or greater from nadir	5% of the lighting fixture's lumens

Lighting Zone 2 Zoning Districts: REC, N, D, INST, CIV, HC, PC, CI, LI
Provision	Measurement
Maximum illumination at lot lines	0.20 horizontal and vertical foot-candles, when measured 3 feet above ground
Maximum on-site illumination value	5 foot-candles, when measured 3 feet above ground
Maximum average on-site illumination	1.5 foot-candles, when measured 3 feet above ground
Maximum proportion of illumination at a 90° angle or greater from nadir	10% of the lighting fixture's lumens

§ 445-26 Outdoor storage.

Outdoor storage of materials. All outdoor storage of fuel, raw materials, and products, except for finished products for retail sale to the public for a commercial or industrial use in any Mixed Use, Commercial, or Industrial district shall be completely screened from view from any public right-of-way and any residential use or Residential District by a sight-obscuring evergreen planting, fence, or wall at least six feet in height.

Outdoor storage of garbage.

(1)

All organic refuse or garbage stored outdoors shall be placed in watertight, vermin-proof containers, with the lid kept in place at all times.

(2)

All trash dumpsters, compactors, and other refuse storage containers, other than those for single-family or two-family dwellings and other curbside collection, must be completely screened from view on all sides. Solid waste collection and storage areas shall be screened on all sides. Such screening shall consist of decorative masonry walls, solid weather-resistant wood fencing, fencing of a similar appearance (including, but not limited to, vinyl vertical planks) or chain link fencing with privacy slats. The fence or wall shall include a self-latching door or gate.

(3)

The screening to be installed must be sight-obscuring and shall be installed to at least the height of the dumpster, compactor, or refuse storage container. The permitted screening materials are as follows: solid weather-resistant wood fencing, fencing of a similar appearance (including, but not limited to, vinyl vertical planks) or chain link fencing with privacy slat, decorative masonry walls, or evergreen plantings in combination with deciduous shrubs. Plants installed for screening are required to be the height of the dumpster, compactor, or refuse storage container at the time of planting. Dumpsters, compactors, and refuse storage containers other than those for single-family or two-family dwellings and other curbside collection shall not be permitted in the front yard of any property and shall not be located closer than 25 feet to any front yard property line.

(4)

The locations of all dumpsters, other than those for single-family or two-family dwellings and other curbside collection, shall be shown on all site plans and land development plans.

Outdoor storage of trailer, mobile homes, and recreational vehicles.

(1)

The parking and storage of trailers, mobile homes, campers, and recreational vehicles shall be prohibited within the right-of-way of any public street.

(2)

At no time shall such parked or stored vehicle be occupied or used as a dwelling.

(3)

Trailers, mobile homes, motor homes, motor homes, campers, and recreational vehicles shall be parked entirely behind the front face of the principal building, unless completely screened from view by a sight-obscuring evergreen planting, fence, wall, or gate.

§ 445-27 Sewage disposal.

A sewage permit shall be a prerequisite to the issuance of a zoning permit.

On-lot sewage disposal. On-lot sewage disposal shall not be permitted for new uses on lots of less than 0.5 acres, unless otherwise permitted by this chapter. Any on-lot system proposed shall meet the regulations of the Pennsylvania Department of Environmental Protection (DEP) found in Title 25, Chapter 73 of the Pennsylvania Code.

§ 445-28 Accessory structures/uses.

Accessory uses, buildings, and structures are permitted only in conjunction with an established principal use and must be located on the same lot as said principal use.

No structure accessory to a principal use, other than signs and lighting fixtures, shall be located in the front yard setback.

Setbacks for accessory structures shall comply with the requirements specified in each zoning district, unless otherwise regulated in this chapter.

No object exceeding a height of three feet, unless otherwise permitted by this chapter, shall be temporarily or permanently placed, erected, installed, or parked within the clear sight triangle required at the intersection of streets or the intersection of a driveway or private lane with a public street.

Specific types of accessory structures named in this chapter shall be regulated by applicable sections in this chapter governing such accessory structures. It is the responsibility of the landowner to abide by any provisions for such structures as may be found in this chapter or any other ordinances of the City.

Vehicle Repair, except as permitted by the district where the use is located, no vehicle repair shall take place in an accessory structure or yard area other than minor maintenance (oil or fluid change, windshield wiper replacement or brake pad replacement) conducted by the owner of the principle use on their own passenger vehicle.

§ 445-29 Keeping of pets and household animals other than pets.

General provisions.

(1)

Cats and dogs. On a residential lot of less than one acre, the total number of dogs and cats over three months in age shall be a combined maximum of six. On any other lot, the total number of dogs and cats over three months of age shall be a combined maximum of 12.

(2)

The keeping of pets and household animals for private, noncommercial use and enjoyment may be permitted in all districts wherever it is demonstrated that the dimensional and density provisions and all other regulations in this Section can be met.

(3)

No animals shall be allowed to stray so as to create any health or safety hazards. Animals shall be maintained as to be free from objectionable behavior. Noise shall not exceed the maximum permitted levels found in § 445-24A.

(4)

All animal structures and roaming areas shall be maintained as to comply with the odor standards found in § 445-24C. Likewise, all manure shall be managed so as to prevent any odor from affecting other properties, contaminating any stream, or otherwise having an adverse impact on the human and natural environment.

(5)

All pasture, grazing, and exercise areas shall be fenced with materials of sufficient height, strength, and density to adequately confine the animal in question. All such fencing must be in compliance with § 445-23.

(6)

All animals shall be properly immunized.

(7)

Every owner engaged in the keeping of animals shall provide facilities maintained with best management practices so as to be clean and well-maintained and to avoid attracting vermin.

(8)

The disposal of dead animals shall be in accordance with the Domestic Animal Law, Title 3, Chapter 23, Section 2352 of the Pennsylvania Code. Dead animals shall be disposed of within 48 hours after death.

(9)

Permitting process. Applicants proposing the keeping of animals other than pets covered by this Section must submit an application to the Zoning Officer identifying the following:

(a)

A zoning permit application fee payable to the City in the amount of $25 (this amount may be amended by resolution adopted by the Scranton City Council);

(b)

Property address, name, and contact information of the applicant;

(c)

Description of the proposed animals and activities on the property;

(d)

Location, area, and height of the proposed shelter/enclosures;

(e)

Distance between the proposed shelters/enclosures and neighboring lots; and

(f)

Verification that the applicant is familiar with the requirements set forth in this Section.

Chickens, ducks, and rabbits.

(1)

A maximum total of chickens, ducks, or rabbits can be raised or kept on lots measuring 20,000 square feet or less in size. For every additional 1,000 square feet of lot size, beyond 20,000 square feet, the household is permitted one additional chicken, duck, or rabbit.

(2)

A sheltered area of a size sufficient for good sanitation practices and adequate and sanitary drainage shall be in accordance with the following minimum requirements:

(a)

All shelters shall have a roof and at least three enclosed sides.

(b)

Shelters must be located a minimum of 50 feet from any dwelling other than that of the owner of the animals. No such structures may be erected or maintained in a front yard or a side yard abutting a street.

(c)

Shelters shall provide a minimum of eight square feet per animal.

(3)

The keeping of roosters shall be prohibited.

European honeybees.

(1)

Colonies shall be maintained in moveable frame hives, with hives being no closer than 25 feet to any property line and at least 50 feet from any dwelling located on an adjacent property.

(2)

All hives shall have access to an on-site water supply, whether it be a water-filled tank or natural water sources located on the property.

(3)

Swarm management techniques shall be employed to maintain gentle colonies.

(4)

Beekeeping practices must be consistent with the Pennsylvania Apiary Advisory Board's "Voluntary Best Management Practices for Maintaining European Honey Bee Colonies in the Commonwealth of Pennsylvania."

(5)

All hives shall have a solid fence or vegetative obstruction six feet or more in height or be elevated so as to direct the flight path of the bees well above traffic and pedestrians.

(6)

Any beekeeper shall provide documentation that they are in compliance with Pennsylvania's Bee Law, 3 Pa. C.S.A. §§ 2101-2117, which requires the owner of an apiary located in Pennsylvania to register the apiary with the Pennsylvania Department of Agriculture.

(7)

Ownership, care, and control of the honeybees shall be the responsibility of a resident of the dwelling on the lot or the individual listed on the state registration form.

Other animals.

(1)

Animals other than chickens, ducks, rabbits, miniature goats, or European honeybees that do not meet the definition of a household pet may only be kept on lots greater than three acres in size.

(2)

The total number of additional animals permitted on any lot exceeding three acres in lot area shall be computed according to the number of acres (listed below) required per animal. For example, one horse may be kept on a lot of three acres. Two more acres are required for each additional horse. One sheep may be kept on a lot of three acres. One-half acre is required for each additional sheep.

Additional Required Lot Area for Additional Animals
Equine	2.0 acres
Bovine	2.0 acres
Swine	1.5 acres
Sheep	0.5 acres
Poultry and fowl other than chickens and ducks (such as but not limited to geese, turkeys, ostriches, and pea fowl)	0.5 acres

(3)

Animals not specifically listed above shall be judged as animals of similar size, diet, temperament, and behavior.

§ 445-30 Short-term rentals.

The dwelling associated with a short-term rental must be the permanent address of the owner, and the owner must occupy the dwelling for at least six months of the calendar year.

All activity at the short-term rental shall be subject to enforcement of any noise, nuisance, and property maintenance ordinances as well such related provisions found in this Article.

If a house guest is convicted for any disturbance of the peace on the premises, the owner of the dwelling shall not be permitted to continue the use of the dwelling as a short-term rental.

Guests occupying a short-term rental are limited to stays of seven continuous days.

§ 445-31 Solar energy systems.

Intent. It is the intent of this Section to promote the safe, effective, and efficient use of installed solar energy systems that reduce on-site consumption and demand of utility-supplied energy while protecting the health, safety, and welfare of adjacent and surrounding land uses and lots. This Section seeks to:

(1)

Provide property owners and business owners/operators with flexibility in satisfying their energy needs;

(2)

Reduce overall energy demands within the community and to promote energy efficiency; and

(3)

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

Applicability.

(1)

This Section applies to building-mounted and ground-mounted solar energy systems installed and constructed after the effective date of this chapter and shall be permitted in all zones, after demonstrating compliance with the standards set forth in this Section.

(2)

Solar energy systems constructed prior to the effective date of this chapter are not required to meet the requirements of this Section.

(3)

Any upgrade, modification, or structural change that materially alters the size and placement of an existing solar energy system shall comply with the provisions of this Section.

(4)

This Section does not apply to principal solar energy systems (PSES), as defined in this chapter.

Location on a property.

(1)

Building-mounted solar energy systems are permitted to face any front, rear, or side yard as defined in this chapter. Such systems may only be mounted on lawfully permitted principal and accessory buildings.

(2)

Ground-mounted solar energy systems are permitted based on the requirements for accessory uses and structures in the property's zoning district.

Design and installation standards.

(1)

Solar energy systems must be constructed to comply with the Pennsylvania Uniform Construction Code (UCC), Act 45 of 1999, as administered by the Pennsylvania Department of Labor and Industry (DLI).

(2)

All wiring must comply with the edition of the National Electrical Code (NEC) adopted by the Commonwealth of Pennsylvania. For ground-mounted solar energy systems, all exterior electrical lines must be buried beneath the surface of the ground where possible or otherwise placed in a conduit.

Dimensional requirements.

(1)

Setback requirements for ground-mounted solar energy systems. Ground-mounted solar energy systems are subject to the accessory use setback requirements in the zoning district in which the system is to be constructed. The required setbacks are measured from the lot line to the nearest part of the system. No part of a ground-mounted solar energy system shall extend into the required setbacks, including in the case of tracking systems or other adjustments of related equipment or parts.

(2)

Height requirements. Notwithstanding the height limitations of the underlying zoning district:

(a)

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

(b)

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

(c)

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

(d)

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

Screening and visibility.

(1)

Building-mounted solar energy systems installed on a sloped roof shall not be required to be screened.

(2)

Building-mounted solar energy systems mounted on a flat roof shall not be visible from the public right-of-way within a fifty-foot radius of the lot, exclusive of an alley, at a level of five feet from the ground. Such systems shall be screened in a similar manner as other rooftop HVAC and mechanical equipment. This can be accomplished with architectural screening such as a building parapet or by setting the system back from the edge of the roof.

Impervious lot coverage restrictions. The surface area of any ground-mounted solar energy system, regardless of the mounted angle of any portion of the system, shall be considered an impervious surface and shall be calculated as part of the lot coverage limitations for the zoning district. However, if the ground-mounted solar energy system is mounted above an existing impervious surface, it shall not be calculated as part of the lot coverage limitations for the zoning district.

Nonconformance.

(1)

Building-mounted solar energy systems.

(a)

If a building-mounted solar energy system is to be installed on any building or structure that is nonconforming because its height exceeds the maximum height limitations of the zoning district in which it is located, the building-mounted system shall be permitted so long as the system does not extend above the highest point of the roof to which it is mounted and so long as it complies with the other provisions of this Section.

(b)

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

(2)

Ground-mounted solar energy systems.

(a)

If a ground-mounted solar energy system is to be installed on a lot containing a structure that is nonconforming because the required minimum setbacks are exceeded, the proposed system shall be permitted so long as the system does not encroach into the required setback for the lot.

(b)

If a ground-mounted solar energy system is to be installed on a lot that is nonconforming because it violates zoning district requirements other than setbacks, then a variance must be obtained for the proposed installation following the procedures found in Article X.

Signage and/or graphical content. No signage or graphical content may be displayed on the solar energy system except for the manufacturer's badge, safety information, and equipment specification information. Said information shall be depicted within a graphical area no more than 36 square inches in size.

Performance requirements. All solar energy systems are subject to compliance with any applicable performance standards found elsewhere in this chapter.

Permit requirements. Before any construction or installation of any solar energy system shall commence, a permit issued by the Zoning Officer shall be obtained to document compliance with this Section.

Inspection, safety, and removal.

(1)

The City of Scranton reserves the right to inspect a solar energy system for fire or building code compliance and safety.

(2)

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

(3)

If the property owner fails to repair or remove a solar energy system as ordered and any appeal rights have been exhausted, the City may enter the property, remove the system, and charge the owner and/or operator for all costs and expense of removal, including reasonable attorney's fees, or pursue other legal action to have the system removed at the owner and/or operator's expense.

(4)

In addition to any other available remedies, any unpaid costs resulting from the City's removal of a vacated, abandoned, or decommissioned solar energy system shall constitute a lien upon the property against which the costs were charged. Legal counsel of the City shall institute appropriate action for the recovery of such costs, plus attorney's fees, including but not limited to the filing of municipal claims pursuant to the Pennsylvania Municipal Claims and Tax Lien Act, 53 P.S. § 7101 et seq., for the cost of such work, 6% interest per annum, plus a penalty of 5% of the amount due plus attorneys' fees and costs incurred by the City in connection with the removal work and filing of the municipal claim.

§ 445-32 Principal solar energy system (PSES).

Regulations applicable to all principal solar energy systems:

(1)

PSES shall be permitted by Special Exception, after demonstrating compliance with the standards set forth in this Section, in the H-C and C-I Zoning District(s).

(2)

Exemptions.

(a)

PSES constructed prior to the effective date of this Section shall not be required to meet the terms and conditions of this chapter. Any physical modification to an existing PSES, whether or not existing prior to the effective date of this Section that materially alters the PSES shall require approval under this chapter. Routine maintenance or like-kind replacements do not require a permit.

(3)

The PSES layout, design and installation shall conform to applicable industry standards, such as those of the American National Standards Institute (ANSI), Underwriters Laboratories (UL), the American Society for Testing and Materials (ASTM), Institute of Electrical and Electronics Engineers (IEEE), Solar Rating and Certification Corporation (SRCC), Electrical Testing Laboratory (ETL), Florida Solar Energy Center (FSEC) or other similar certifying organizations, and shall comply with the PA Uniform Construction Code as enforced by the City of Scranton and with all other applicable fire and life safety requirements. The manufacturer specifications for the key components of the system shall be submitted as part of the application.

(4)

PSES installers must demonstrate they are listed as a certified installer on the PA Department of Environmental Protection's (DEP) approved solar installer list or that they meet the criteria to be a DEP approved installer by meeting or exceeding one of the following requirements:

(a)

Is certified by the North American Board of Certified Energy Practitioners (NABCEP).

(b)

Has completed an Interstate Renewable Energy Council (IREC) Institute for Sustainable Power Quality (ISPQ) accredited PV training program or a PV manufacturer's training program and successfully installed a minimum of three PV systems.

(5)

All on-site transmission and plumbing lines shall be placed underground to the extent feasible.

(6)

The owner of a PSES shall provide the city written confirmation that the public utility company to which the PSES will be connected has been informed of the customer's intent to install a grid connected system and approved of such connection.

(7)

No portion of the PSES shall contain or be used to display advertising. The manufacturer's name and equipment information or indication of ownership shall be allowed on any equipment of the PSES provided they comply with the prevailing sign regulations.

(8)

Glare.

(a)

All PSES shall be placed such that concentrated solar radiation or glare does not project onto nearby structures or roadways.

(b)

The applicant has the burden of proving that any glare produced does not have significant adverse impact on neighboring or adjacent uses either through siting or mitigation.

(9)

A noise study will be performed and included in the application. The noise study will be performed by an independent noise study expert and paid for by the applicant. Noise from a PSES shall not exceed 45 dBA, as measured at the property line.

(10)

No trees or other landscaping otherwise required by the municipal ordinances or attached as a condition of approval of any plan, application, or permit may be removed for the installation or operation of a PSES.

(11)

The PSES owner and/or operator shall maintain a phone number and identify a person responsible for the public to contact with inquiries and complaints throughout the life of the project and provide this number and name to the City. The PSES owner and/or operator shall make reasonable efforts to respond to the public's inquiries and complaints.

(12)

Decommissioning.

(a)

The PSES owner is required to notify the City immediately upon cessation or abandonment of the operation. The PSES shall be presumed to be discontinued or abandoned if no electricity is generated by such system for a period of 12 continuous months.

(b)

The PSES owner shall then have 12 months in which to dismantle and remove the PSES including all solar related equipment or appurtenances related thereto, including but not limited to buildings, cabling, electrical components, roads, foundations, and other associated facilities from the property. If the owner fails to dismantle and/or remove the PSES within the established timeframes, the municipality may complete the decommissioning at the owner's expense.

(c)

At the time of issuance of the permit for the construction of the PSES, the owner shall provide evidence that financial security will be in place at the start of commercial operation in the form and amount of a bond, irrevocable letter of credit, or other financial security acceptable to the City to secure the expense of dismantling and removing said PSES and restoration of the land to its original condition, in the amount of 110% of the estimated decommission cost minus the salvageable value. Every five years a new engineer's estimate of probable cost of decommissioning shall be submitted for approval in the same manner as the initial submission, and the bond, letter of credit, or other financial security acceptable to the City shall be adjusted upward or downward as necessary.

(d)

The PSES owner shall, at the request of the City, provide information concerning the amount of energy generated by the PSES in the last 12 months.

(13)

Prior to the issuance of a zoning permit, PSES applicants must acknowledge in writing that the issuing of said permit shall not and does not create in the property owner, its, his, her or their successors and assigns in title or, create in the property itself:

(a)

The right to remain free of shadows and/or obstructions to solar energy caused by development of adjoining or other property or the growth of any trees or vegetation on such property; or

(b)

The right to prohibit the development on or growth of any trees or vegetation on such property.

(14)

Solar easements.

(a)

Where a subdivision or land development proposes a PSES, solar easements may be provided. Said easements shall be in writing and shall be subject to the same conveyance and instrument recording requirements as other easements.

(b)

Any such easements shall be appurtenant; shall run with the land benefited and burdened; and shall be defined and limited by conditions stated in the instrument of conveyance. Instruments creating solar easement shall include but not be limited to:

[1]

A description of the dimensions of the easement including vertical and horizontal angles measured in the degrees or the hours of the day, on specified dates, during which direct sunlight to a specified surface or structural design feature may not be obstructed;

[2]

Restrictions on the placement of vegetation, structures, and other objects which may impair or obstruct the passage of sunlight through the easement;

[3]

Enumerate terms and conditions, if any, under which the easement may be revised or terminated;

[4]

Explain the compensation for the owner of the real property subject to the solar easement for maintaining the easement and for the owner of the real property benefiting from the solar easement in the event of interference with the easement.

(c)

If necessary, a PSES owner and/or operator must obtain any solar easements necessary to guarantee unobstructed solar access by separate civil agreement(s) with adjacent property owner(s).

(15)

Permit requirements.

(a)

PSES shall comply with the City subdivision and land development requirements. The installation of PSES shall be in compliance with all applicable permit requirements, codes, and regulations.

(b)

The PSES owner and/or operator shall repair, maintain, and replace the PSES and related solar equipment during the term of the permit in a manner consistent with industry standards as needed to keep the PSES in good repair and operating condition.

Ground mounted principal solar energy systems:

Minimum lot size.

One acre.

Setbacks.

PSES shall comply with the setbacks of the underlying zoning districts for principal structures.

(b)

All PSES shall be set back 300 feet from adjacent residential districts or occupied structures.

(c)

The minimum side and rear yards specified above may be waived in the case of adjoining tracts of land within a single PSES, with landowners' mutual consent.

(3)

Height.

(a)

Ground mounted PSES shall comply with the accessory building height restrictions for the underlying zoning district.

(4)

Impervious coverage.

(a)

The following components of a PSES shall be considered impervious coverage and calculated as part of the impervious coverage limitations for the underlying zoning district:

[1]

Foundation systems, typically consisting of driven piles or monopoles or helical screws with or without small concrete collars.

[2]

All mechanical equipment of PSES including any structure for batteries or storage cells.

[3]

Gravel or paved access roads servicing the PSES.

(b)

The applicant shall submit a Stormwater Management Plan that demonstrates compliance with the municipal stormwater management regulations. PSES owners shall also follow the current PA DEP guidelines for solar collectors as best management practices for Stormwater Management.

(c)

PSES owners are encouraged to use low maintenance and low growing vegetative surfaces under the system as a best management practice for storm water management.

(5)

Ground mounted PSES shall be screened from adjoining residential uses or zones.

(6)

Ground-mounted PSES shall not be placed within any legal easement or right-of-way location or be placed within any storm water conveyance system or in any other manner that would alter or impede storm water runoff from collecting in a constructed storm water conveyance system.

(7)

Security.

(a)

All ground mounted PSES shall be completely enclosed by a minimum eight foot high fence with a self-locking gate.

(b)

A clearly visible warning sign shall be placed at the base of all pad-mounted transformers and substations and on the fence on the surrounding the PSES informing individuals of potential voltage hazards.

(8)

Access.

(a)

Access to the PSES shall comply with the municipal access requirements in the Subdivision and Land Development Ordinance, and there shall be sufficient access for maintenance vehicles and emergency management vehicles to access the PSES.

(9)

The ground mounted PSES shall not be artificially lighted except to the extent required for safety or applicable federal, state, or local authority.

(10)

If a ground mounted PSES is removed, any earth disturbance resulting from the removal must be graded and reseeded.

Roof and wall mounted principal solar energy systems.

(1)

For roof and wall mounted systems, the applicant shall provide evidence that the plans comply with the Uniform Construction Code and adopted building code of the city that the roof or wall is capable of holding the load imposed on the structure.

(2)

PSES mounted on the roof or wall of any building shall be subject to the maximum height regulations of the underlying zoning district.

§ 445-33 Swimming pools.

All outdoor swimming pools and impoundments of water 18 inches in depth or greater with a surface area of 72 square feet or greater shall be properly fenced so as to not become a hazard to any person. The top of such fence or wall shall be at least four feet above the ground. No opening in the fence or wall shall be larger than two inches in width, and all gates shall close with self-catching latches.

Swimming pools shall be designed and constructed to the applicable standards of the Pennsylvania Uniform Construction Code (UCC).

No outdoor swimming pool may be located in any front yard setback area. No part of the pool shall be located within 10 feet of the side or rear lot line.

§ 445-34 Temporary uses, buildings, and structures.

Temporary construction buildings or trailers. The parking of construction vehicles and temporary construction offices on a site that is necessary for construction that is actively underway on the same lot is permitted by right, provided that such vehicles or offices shall be removed immediately once the construction they relate to is completed or suspended.

Temporary real estate sales offices. A temporary real estate sales office may be established within a dwelling unit not occupied for residential purposes in a residential development having more than 10 dwelling units, if the real estate sales office is used only to market the real estate offered within the development. A temporary real estate office shall be removed within 14 days of the sale or lease of the last property in the development.

Tents and membrane structures.

(1)

In addition to the special exception procedure provided for in this chapter, the Zoning Officer may allow the temporary erection of a tent, membrane, or similar temporary structure that is not totally enclosed for a maximum of seven consecutive days in any four-month period for clearly routine customarily accessory uses such as a wedding in the rear yard of a dwelling, a festival by a place of worship, or a special sale within the lot of a lawful commercial use.

(2)

The Zoning Officer may allow the temporary erection of a tent, membrane structure, or similar temporary structure for a period of up to a maximum of 180 days in any given calendar year, for clearly routine customary accessory uses.

(3)

All tents, membrane structures, or similar temporary structures to be erected for a total of more than seven consecutive days shall require the submission of a site plan and an application for a zoning permit. The fee shall be established by resolution of the Scranton City Council.

Other temporary uses. A temporary permit may be issued by the Zoning Hearing Board as a special exception for structures or uses, other than those specifically listed in this chapter, subject to the following additional provisions:

(1)

Duration. The Zoning Hearing Board shall establish a limit on the duration of the use. In most cases, a temporary approval should have a maximum term of no longer than two years. In the case of a special event, except under special circumstances, this term should be a maximum of six consecutive days in any sixty-day period. The Zoning Hearing Board may grant a single approval once for numerous occurrences of an event.

(2)

Fee. Either the Zoning Hearing Board or the Scranton City Council may waive and/or return the required application fee if the applicant is a 501(c)(3) nonprofit corporation and if the applicant clearly shows that the proposed use is temporary and will be used to serve a charitable or public service purpose.

(3)

Special events. For a new special event (not including annual reoccurrences of a previously held event) that will attract significant numbers of the public, the Zoning Hearing Board shall deny the use if it determines that the following will not be generally appropriate for the provision of the temporary use: sanitary and water service, traffic control, off-street parking, and protection of public health, safety, and welfare.

§ 445-35 Wind energy systems.

Only one wind energy system shall be permitted as an accessory structure on any lot.

The lowest part of the rotor blade must be a minimum of 30 feet higher than the surrounding structures and/or obstructions.

Setbacks from all lot lines, utility lines, and structures shall be 1.5 times the total height of the wind energy system.

Permitting requirements. In addition to a zoning permit, applications to construct a wind energy conversion system shall be accompanied by a plot plan package that includes the following:

(1)

Property lines and physical dimensions of the lot;

(2)

Location of the wind energy system tower on the lot;

(3)

Location, dimensions, and types of existing principal and accessory structures on the lot;

(4)

The right-of-way delineation of public streets adjacent to the lot;

(5)

The presence of any overhead utility lines;

(6)

Any easements;

(7)

A map of the 200-foot area surrounding the slot showing all affected lands and structures at a legible scale;

(8)

Specifications of the wind energy system, including manufacturer and model, rotor diameter, tower height, and tower type (e.g., freestanding or guyed);

(9)

Standard installation drawings shall be submitted showing the wind turbine structure, including the tower, the base, and the footings, stamped, and sealed by a professional engineer licensed by the Commonwealth of Pennsylvania;

(10)

An engineering analysis of the tower showing compliance with the Uniform Construction Code and certified by a licensed professional engineer;

(11)

A site-specific wind resource assessment by a qualified professional; and

(12)

Drawings, plans, and/or narratives demonstrating that the wind energy conservation system is equipped with manual braking and meets all building and electrical codes.

When an application is made for approval of a wind energy system, all property owners within 200 feet of the lot on which the system is to be constructed shall be notified in written form.

The applicant shall comply with all applicable regulations of the Pennsylvania Public Utility Commission (PUC) governing generation of electricity for private use and shall provide evidence that he or she has notified the incumbent utility provider of his or her desire to install an interconnected wind energy system.

Artificial lighting is not permitted, whether directly or indirectly, except as required by the Federal Aviation Administration.

The owner/operator shall make all reasonable efforts to minimize and/or eliminate shadow flicker to occupied buildings on immediately adjacent properties. The applicant is responsible for identifying problem areas where shadow flicker will interfere with existing or future residences and to described proposed mitigation measures when called upon, including but not limited to, a change in siting of the wind energy system, a change in the operation of the wind energy system, or grading or landscaping mitigation measures.

Noise levels for the wind energy system shall not exceed the permitted decibel levels for the underlying zoning district prescribed in § 445-24.

The wind energy system shall not cause any radio, television, microwave, or navigation interference. If a signal disturbance problem is identified, the owner shall correct the problem within 90 days of being notified of the problem.

The wind energy system shall maintain a galvanized neutral finish or be painted to conform to the surrounding environment to minimize adverse effects.

The wind energy system shall have an automatic overspeed control to render the system interoperable when winds are blowing in excess of the speeds for which the system is designed, and a manually operable method to render the system inoperable in the event of a structural or mechanical failure of any part of the system.

All ground-mounted electrical and control equipment shall be labelled and secured to prevent unauthorized access. The tower shall be designed and installed so as not to provide step bolts, a ladder, rungs, or other publicly accessible means of climbing the tower, for a minimum height of eight feet above the ground elevation. Safety fencing is required if the wind energy system has climbing features below 12 feet.

All electrical wires associated with a wind energy system shall be located underground when practicable. All wires not located underground, including but not limited to wires necessary to connect the wind generator to the tower wiring, the tower wiring to the disconnect junction box, and the grounding wires, shall be contained within an appropriate conduit suitable for the same.

A wind energy system is considered abandoned if it is inoperable or unsafe or unattended for a period of 12 months. Non-function or lack of operation may be proven by reports from the interconnected incumbent utility provider. Wind energy systems must be immediately removed at the expense of the property owner if deemed abandoned.

Wind energy systems cannot be used to support signage, satellite dishes, or antennas.

Inspection, safety, and removal.

(1)

The City of Scranton reserves the right to inspect a wind energy system for fire or building code compliance and safety.

(2)

(3)

If the property owner fails to repair or remove a wind energy system as ordered and any appeal rights have been exhausted, the City may enter the property, remove the system, and charge the owner and/or operator for all costs and expense of removal, including reasonable attorney's fees, or pursue other legal action to have the system removed at the owner and/or operator's expense.

(4)

In addition to any other available remedies, any unpaid costs resulting from the City's removal of a vacated, abandoned, or decommissioned wind energy system shall constitute a lien upon the property against which the costs were charged. Legal counsel of the City shall institute appropriate action for the recovery of such costs, plus attorney's fees, including but not limited to the filing of municipal claims pursuant to the Pennsylvania Municipal Claims and Tax Lien Act, 53 P.S. § 7101 et seq., for the cost of such work, 6% interest per annum, plus a penalty of 5% of the amount due plus attorneys' fees and costs incurred by the City in connection with the removal work and filing of the municipal claim.

§ 445-36 Wireless communication facilities.

Purposes. The purposes of this Section include a desire to establish reliable standards for the siting, design, permitting, construction, operation, inspection, maintenance, repair, modification, removal, and replacement of wireless communication facilities (WCFs) in the City of Scranton, in recognition of the federal Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. 56 (1996); the federal Middle Class Tax Relief and Job Creation Act of 2012 (Spectrum Act) Pub. L. No. 112-96, 126 Stat. 156 (2012), and FCC regulations promulgated thereunder by the Federal Communications Commission (FCC), including the FCC's Report and Order of October 21, 2014, FCC 14-153 (rel. Oct. 21, 2014); and the Pennsylvania Wireless Broadband Collocation Act (Act 191 of 2012), 53 P.S. § 11702.1 et seq. Moreover, the City desires to plan and accommodate for the managed deployment of infrastructure that is necessary to accommodate the wireless communication needs of the City's residents, businesses, and emergency service providers. While the City recognizes the benefit of wireless communication facilities in providing high quality communications service and enhancement to its residents, businesses and emergency service providers, the City also recognizes that it has an obligation to protect public safety through the standards set forth in the following provisions.

Zoning district regulations.

(1)

Tower-based WCFs are permitted on all municipally owned property regardless of zoning district. Otherwise, the use provisions of § 445-12 shall apply.

(2)

Non-tower WCFs are permitted by right subject to application requirements stated herein in all districts, except that no non-tower WCF shall be located, in any zoning district, on a single-family or two-family dwelling.

(3)

Eligible facilities requests that do not substantially change the tower, base station, or wireless support structure are permitted by right in all zoning districts.

Area and bulk requirements. The following table shall reflect the height, lot size, setback, and locational requirements for tower-based and non-tower WCFs:

Tower-Based WCFs	Outside of ROW	Within ROW
Height	Shall be designed to minimum functional height but not to exceed 100 feet. Applicants must submit documentation justifying the total height. Equipment buildings, cabinets and accessory structures shall not exceed 15 feet in height.	Shall be designed to minimum functional height, not to exceed 55 feet in non-residential districts. Applicants must submit documentation justifying the total height.
Lot size	Subject to underlying zoning district. Area needed to accommodate the WCF and guy wires (if approved), equipment building or cabinets, security fence, and buffer planting must not extend outside the lot.	Not applicable
Setback - towers	Setback from property lines at least 100% of the combined height of the wireless support structure and antenna, or the applicable minimum building setback in the underlying zoning district, whichever is greater.	Not applicable
Setback - equipment buildings/cabinets	Subject to applicable minimum building setback in the underlying zoning district.	Not applicable
Location	Shall not be located between front facade of the principal structure and the street the lot fronts on, except for equipment cabinets located underground.	Not applicable
Height - on a building or similar structure	Shall not exceed a height of 15 feet above the roof or parapet, whichever is higher, unless the WCF applicant obtains a variance.	Not applicable
Height - on electrical transmission towers, streetlights, utility poles, traffic signals, signs, and similar structures	Shall not exceed a height of 5 feet above the electrical transmission tower, streetlight, utility pole, traffic signal, sign, and similar structure, unless the WCF applicant obtains a variance.	WCFs located above the surface grade shall consist of equipment components designed at the minimum functional height.
Setback - mounted antennas	Not applicable	Not applicable
Setback - equipment buildings/cabinets	Shall comply with the applicable minimum building setback requirements in the underlying zoning district.	Not applicable
Lot size	Subject to applicable minimum lot size in the underlying zoning district.	Not applicable
Setback - towers	Setback from property lines at least 100% of the combined height of the wireless support structure and antenna, or the applicable minimum building setback in the underlying zoning district, whichever is greater.	Not applicable
Setback - equipment buildings/cabinets	Subject to applicable minimum building setback in the underlying zoning district.	Not applicable
Location	Shall not be located between front facade of the principal structure and the street the lot fronts on, except for equipment cabinets located underground.	Not applicable

Permit application requirements.

(1)

Collocation analysis. An application for a new tower-based WCF where the new wireless communication tower will be more than 40 feet in height shall not be approved unless the applicant demonstrates that the wireless communication equipment planned for the proposed WCF cannot be collocated on an existing structure or building within a 0.25-mile radius of the proposed WCF location to achieve the coverage or capacity objectives of the applicant.

(2)

Gap in coverage or lack of adequate capacity. An applicant for a tower-based WCF more than 40 feet in height must demonstrate that a significant gap in wireless coverage exists or a lack of adequate capacity at the proposed location is likely to exist within one year of the filing of its application.

(3)

Authorization. An applicant for a WCF shall submit a copy of the lease or other form of written authorization with the property owner confirming that the applicant has standing to file the application and to maintain the proposed WCF on the subject lot.

(4)

Licensing and applicable regulations. If the applicant is a commercial wireless communications provider, it must demonstrate that it is licensed by the Federal Communications Commission (FCC) and submit with its application copies of all FCC permits and licenses.

(5)

Emissions. The applicant shall demonstrate that the proposed WCF will comply with all applicable standards established by the FCC governing human exposure to electromagnetic emissions.

(6)

Insurance. The applicant shall provide a certificate of insurance issued to the owner/operators of the WCF, evidencing that there is or will be adequate current liability insurance in effect.

(7)

Application fees.

(a)

The City may assess appropriate and reasonable permit application fees directly related to the actual costs in reviewing and processing the application for approval of a WCF. The amount of this fee may not be in excess of the actual reasonable cost to review and process the application.

(b)

The City may assess, in addition to application fees, appropriate and reasonable review fees directly related to the costs incurred by the City, including but not limited to professional/consultant fees to review the WCF application.

(c)

For special exception applications, the City's regular special exception application fees shall apply.

(8)

Review timeframes. The following table prescribes the timeframes for City review of applications for WCFs:

	City shall notify the applicant in writing of any information that may be required to complete application:	City shall approve or deny the application, unless a shorter time period is applicable under the PA MPC:
Tower-based WCFs	Within 30 calendar days of the date the application was filed with the City.	Within 150 days* of submission of a complete application for a WCF.
WCFs on existing structures	Within 30 calendar days of the date the application was filed with the City.	Within 90 days* of submission of a complete application for a WCF.
Eligible facilities requests (as defined)**	Within 30 calendar days of the date the application was filed with the City.	Within 60 days* of submission of a complete application for a WCF.

The time period may be tolled by mutual agreement or in cases where the City informs the applicant in a timely manner that the application is incomplete. If an application is considered incomplete, the time period begins running again as soon as the applicant makes a supplemental submission but may be tolled again if the City provides written notice to the applicant within 10 days that the application remains incomplete and specifically delineates which of the deficiencies specified in the original notice of incompleteness have not been addressed.

The City shall only require the applicant to provide documentation that is reasonably related to determining whether the request is an Eligible Facility Request.

Design, construction, and operations.

(1)

All WCFs shall be sited, designed, constructed, operated, inspected maintained, repaired, modified, removed, and replaced in strict compliance with all current applicable federal and state technical and safety codes.

(2)

Subdivision plan approval shall not be required when a WCF is located on a leased parcel that is less than the entire lot or property.

(3)

All WCFs shall be operated in accordance with all applicable FCC rules regarding interference with public safety communications or the reception of broadband, television, radio, or other communications services.

(4)

Collocation. All tower-based WCFs where the wireless communication tower will be more than 40 feet in height shall be designed to accommodate both the applicant's antennas and comparable antennas for future users. As a condition of approval for all tower-based WCFs where the tower will be more than 40 feet in height, the applicant shall agree to allow other service providers to collocate antennas on the tower where technically and economically feasible.

(5)

Signage.

(a)

All WCFs shall include a posted sign at the location. Such signage shall include the ownership, contact name, and phone number in the event of an emergency and FCC registration number (if applicable). Such signage shall not include commercial advertising, shall not protrude from the tower or WCF, and is subject to approval by the City.

(b)

For tower-based WCFs outside of the right-of-way, the posted sign shall not exceed two square feet in area.

(c)

For all other WCFs, the sign shall be limited to the maximum necessary size to provide the required information in a readable manner.

(6)

Lighting. WCFs shall not be artificially lighted beyond what is required by law. If lighting is required, the applicant shall provide a detailed plan for sufficient lighting, demonstrating as unobtrusive and inoffensive an effect to surrounding properties as is permissible while still meeting state or federal requirements.

(7)

Noise. All WCFs shall be operated and maintained so as not to produce noise in excess of applicable noise standards established in § 445-24 of this chapter. The use of a backup generator is prohibited except that in emergency situations and for periodic maintenance and testing by the wireless communications provider's technicians, such use shall be permitted, where such noise standards may be exceeded on a temporary basis.

(8)

Vehicular access.

(a)

An access driveway and one off-street parking space shall be provided to ensure adequate emergency and service access to all tower-based WCFs located outside of the right-of-way.

(b)

Maximum use of existing roads, whether public or private, shall be made to the extent practicable.

(c)

Where possible, access driveway construction shall at all times minimize ground disturbance and the cutting of vegetation.

(d)

Access driveway grades shall closely follow natural contours to assure minimal visual disturbance and minimize soil erosion.

(e)

An applicant shall present documentation to the City that the property owner has granted an access easement for the proposed WCF, if located on a lot or property.

(f)

Any required access easement shall be a minimum of 20 feet in width and the access driveway shall be improved with a dust-free, all weather surface, including gravel, to a width of at least 10 feet throughout its entire length.

(g)

Vehicular access to all WCFs shall not interfere with the parking or vehicular circulations for a principal use, if located on the lot or property. However, where appropriate and available, existing parking for the principal or other uses on the lot or property may be utilized.

(9)

Fencing. A security fence, which may include barbed wire, with a minimum height of eight feet may be required to surround any tower-based WCF located outside the right-of-way, where the wireless communication tower is more than 40 feet in height, including guy wires, associated equipment, and buildings. All or any of the requirements herein for a security fence may be waived by the Zoning Hearing Board when the fence would not be appropriate or feasible.

(10)

Safety in rights-of-way.

(a)

Schedule of operations. The City shall determine the time, place, and manner of siting, design, construction, maintenance, repair, modification, removal, and/or replacement of all WCFs located 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 requirements of the Pennsylvania Public Utility Code or other applicable ordinances or laws.

(b)

Alteration of a WCF. Within 60 days following written notice from the City, or such longer period as the City determines is reasonably necessary or such shorter period in the case of an emergency, an owner of a WCF located in the right-of-way shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any WCF when the City, consistent with its police powers and applicable PUC regulations, shall have determined that such removal, relocation, change, or alteration is reasonably necessary under any one of the following circumstances:

[1]

The construction, repair, maintenance, or installation of any municipal or other public improvement located in the right-of-way;

[2]

The operations of any governmental entity in the right-of-way;

[3]

Vacation of a street or the release of a utility easement; or

[4]

An emergency as determined by the City.

No permit is required for such removal, relocation, change, or alteration ordered by the City.

(c)

Visual obstruction. All WCFs and accessory equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, to create safety hazards to pedestrians and/or motorists, or to otherwise inconvenience public use of the right-of-way as determined by the City. In no case shall ground-mounted equipment, walls, screening, or landscaping be located within 18 inches of the face of the curb or, in an area in which there are no curbs, within three feet of the edge of cartway.

(11)

Maintenance. An applicant for a WCF shall describe anticipated maintenance needs, including frequency of service, personnel needs, and equipment needs, and the traffic, safety, and noise impacts of such maintenance.

(12)

Soil report. An applicant for a tower-based WCF where the new wireless communication tower will be more than 40 feet in height shall submit a soil report complying with the ANSI/EIA-222-G standards for geotechnical investigations to the City Engineer prior to construction to document and verify the design specifications of the foundation for the wireless support structure and anchors for the guy wires, if used.

(13)

Aviation safety. All WCFs shall comply with federal and state laws and regulations concerning aviation safety.

(14)

Inspections. Inspections are required for all WCFs where the new wireless communication tower will be more than 40 feet in height. Copies of all inspection reports shall be provided to the City following the inspection. Any repairs advised by the report shall be completed by the WCF owner within 60 calendar days after the report is filed with the City.

(15)

Equipment storage. The storage of unused equipment or supplies is prohibited on any WCF site.

(16)

Historic sites. No WCF may be located on a building or structure that is listed on either the National Register of Historic Places, county or state lists, or any City-maintained historic resources inventory. This prohibition may be waived by the Zoning Hearing Board.

Visibility, landscaping, and screening.

(1)

Stealth technology.

(a)

All WCFs shall employ the most current stealth technology available, where appropriate, in an effort to appropriately blend the proposed WCF into the surrounding environment and minimize aesthetic impact. Equipment buildings and cabinets shall be designed to blend into the environment in which they are situated, to the extent practicable.

(b)

In the case of a tower-based WCF, compliance with this Subsection may be evidenced by the following:

[1]

The tower shall have a galvanized finish or be painted silver above the top of surrounding trees and green below treetop level.

[2]

The tower shall comply with FAA and PennDOT Bureau of Aviation lighting standards and shall not be artificially lighted unless required by those agencies.

(2)

Landscaping and screening. An applicant for tower-based WCF where the new wireless communication tower will be more than 40 feet in height shall submit a landscaping and screening design complying with the following:

(a)

The applicant shall ensure that the existing vegetation, trees, and shrubs located within close proximity of the WCF support structure shall be preserved to the maximum extent possible.

(b)

Ground mounted equipment must be screened from public view using an evergreen screen, artificial screen, or fencing, as directed by the City. Where the site abuts a Residential district, public property, or street, a buffer area shall be provided along the perimeter abutting the affected district, property, or street to include at minimum two staggered rows of evergreen trees a minimum of six feet in height, which trees shall be replaced with trees of equivalent height when dead or damaged.

Replacement, collocation, and modification of existing wireless support structures.

(1)

Notwithstanding the requirements for all WCFs, as set forth herein, an application for replacement, collocation, or modification of a previously approved wireless support structure shall be reviewed for conformance with the City's building permit requirements, including requirements applicable to the added structural loading of the proposed antennas and accessory equipment. These previously approved facilities shall not be subject to the issuance of new zoning or land use approvals, provided that there is no substantial change to the structure.

(2)

Replacement of WCFs on existing wireless support structures or within existing equipment compounds may be performed by the applicant without obtaining building or zoning permits from the City.

(3)

Any substantial change to an existing WCF shall require approval of the City in accordance with the terms of this Section.

Discontinuation, abandonment, and removal. In the event that use of a WCF is planned to be discontinued, the owner/operator shall provide written notice to the City of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned WCFs or portions of WCFs shall be removed as follows:

(1)

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

(2)

If the WCF and/or accessory facility is not removed within six months of the cessation of operations, or within any longer period approved by the City, the WCF and accessory facilities and equipment may be removed by the City. The City's costs in connection with removal, including professional or consultant fees and the cost of removal work and site remediation, may be assessed against the owner of the WCF or the lot upon which the WCF was located.

Reimbursement for use of the right-of-way. In addition to permit application fees, every WCF in the right-of-way is subject to the City's right to impose annually a fair and reasonable fee to be paid for use and occupancy of the right-of-way. Such annual fee shall be directly related to the City's costs of owning, maintaining, and managing the right-of-way and to the loss of use to the City of that portion of the right-of-way consumed by the WCF.

Special exception criteria and procedures. An application for approval by special exception for any tower-based WCF shall, in addition to meeting other applicable requirements in this chapter, meet the following criteria:

(1)

The applicant shall provide to the City, prior to issuance of a zoning permit for construction, financial security to guarantee the removal of any tower-based WCF. Such financial security shall be in an amount determined by the City Engineer based upon industry standards for removal and shall be acceptable in form and content to the City Engineer.

(2)

No tower-based WCF shall be located or within 100 feet of an area in which all utilities are located underground.

(3)

The applicant shall provide a propagation study evidencing the need for the proposed WCF, a description of the type and manufacturer of the proposed transmission and receiving equipment, the frequency range assigned to the WCF applicant, the power in watts at which the WCF will transmit, and the results of any relevant tests conducted by the applicant to determine the need for the proposed WCF.

(4)

The applicant shall supply documentation demonstrating that the proposed WCF complies with all state and federal requirements regarding aviation safety.

(5)

Where the WCF is located on a property with another principal use, the applicant shall present documentation that the property owner has granted an appropriate lease or easement for the WCF and for access to the WCF.

(6)

The special exception procedures and criteria in §§ 445-40 and 445-68 shall apply and be satisfied by the applicant. In addition, the applicant shall, at his or her expense, mail written notice of the scheduled public hearing for the WCF to all owners of record of property located within 500 feet of the proposed WCF. Such notice shall be mailed at least 14 days prior to the scheduled public hearing, and the applicant shall provide a copy of such notice and proof of such mailing to the City prior to the hearing.

§ 445-37 Essential services.

Essential services.

(1)

An ambient sound level study has been provided and the ambient sound level at all points along the boundary line of the property upon which the essential service is located shall be no more than 55 decibels (dBA).

(2)

All items used for essential service shall be stored within the essential service structure or a separate storage building. This restriction does not include items necessary for the operation of the plant which includes, but it not limited to, emergency generators, fuel tanks, drying beds, sedimentation basins, etc.

(3)

Odor control mitigation shall be implemented for sanitary sewer applications.

(4)

A land development plan shall be prepared in accordance with the City's Subdivision and Land Development Ordinance.

(5)

An elevation drawing of any structure to be constructed on the premises shall be provided.

(6)

A landscape buffer in accordance with this chapter shall be provided between any on-site buildings and the property line. The adjacent buffer is to screen on-site buildings from adjacent properties. A landscaping plan shall be submitted and approved by the City Council as a condition of its approval.

(7)

A minimum 400-foot setback zone from all adjacent property lines shall be provided on the lot where a potable water well is located. The minimum 400-foot setback zone shall be measured from the nearest well head to the adjacent property line. Parkland, state game lands and state forest may be included within the 400-foot setback zone as a conditional use approved by the City Council. In the case of state- owned property, approval of the appropriate state agency shall be required.

(8)

An erosion and sediment control plan shall be prepared and approved.

(9)

A plan describing the method to be used to handle the water runoff from well pumping testing shall be submitted to the City for review. The City may engage the services of a consultant to review the plan and fees charged by said consultant for review shall be paid for by the applicant.

(10)

City council may also consider placing limitations on signage, access, parking, lighting, and structure height.

(11)

Any other conditions the City Council may desire to consider.

(12)

The minimum lot size shall be 1/2 acre.

(13)

Minimum yard setbacks shall be as follows:

(a)

Rear yard setback: 25 feet.

(b)

Front yard setback: 25 feet.