Borough of Wilkinsburg, PA Article V Supplemental Regulations

§ 260-501 Screening and landscaping.

A. Landscaping specifications. Landscaping shall be provided in accordance with the following specifications:

(1) A landscaping plan, with detailed drawings, must be submitted with a required subdivision or land development or in the case where subdivision and/or land development approval is not required prior to building permit application. The landscaping plan must contain and show the following information:

(a) All required buffer areas with proposed plantings (identifying each proposed tree, bush or shrub) drawn to scale and identifying the size of plantings.

(b) All required plantings (identifying each tree, bush, shrub, the use of sod or seeding, etc.) drawn to scale and identifying the size of plantings.

(c) Any existing trees or vegetation which are to be preserved, accurately identifying their relative location.

(d) Any existing trees or vegetation which will be removed, accurately identifying their relative location.

(e) At least one deciduous tree must be planted for each dwelling unit in conjunction with any multifamily or townhouse development.

(f) All areas of a lot not covered by building or impervious material shall be maintained as landscaped or natural areas.

B. Buffer yards.

(1) There are four types of buffer yards. Figure 11 illustrates a typical buffer yard and shows the minimum width and number of trees and/or plants required for each 100 lineal feet for each buffer yard. The applicant may either plant new trees or plants or preserve existing trees or plants within the required buffer that meet the requirements of this section.

Figure 11, Buffer Yards

(2) Buffer areas required. Buffer areas are required under the following circumstances:

(a) Parking lots and loading areas. Buffer Yard C will be provided around the perimeter of parking lots and loading areas in all zoning districts to the extent possible. When the buffer yard around a parking lot also abuts a public road, the buffer yard may be reduced to five feet in width along the public street if it is determined by the Borough that the site requires a more efficient use of space.

(b) Adjacent uses. Buffer yards are intended to minimize impacts of different uses on adjacent sites or properties. When new development is proposed, buffer yards will be required along the perimeter of the site according to Table 12.

	Table 12, Buffer Yard Use
	Adjacent Parcel Zoning	Proposed Use	Buffer Yard
	R-1	Commercial	Buffer Yard B
		Industrial	Buffer Yard A
		Residential	None required
	R-1S	Commercial	Buffer Yard B
		Industrial	Buffer Yard A
		Residential	None required
	R-2	Commercial	Buffer Yard B
		Industrial	Buffer Yard A
		Residential	None required
	R-3	Commercial	Buffer Yard C
		Industrial	Buffer Yard C
		Residential	Buffer Yard C
	INST	Commercial	Buffer Yard B
		Industrial	Buffer Yard C
		Residential	Buffer Yard D
	MU	Commercial	None required
		Industrial	Buffer Yard C
		Residential	Buffer Yard D
	IND	Commercial	Not applicable
		Industrial	None required
		Residential	Buffer Yard D
	CBD	Commercial	None required
		Industrial	Buffer Yard C
		Residential	Buffer Yard C
	C-1	Commercial	None required
		Industrial	None required
		Residential	Buffer Yard B

(c) Where the express standards and criteria for a conditional use or use by special exception in Article IV of this chapter specify that a buffer yard is required.

C. General provisions.

(1) Existing vegetation. Every attempt should be made to preserve existing vegetation when possible. Where trees already exist within the required buffer area, these trees shall remain undisturbed, except that diseased or dead material may be removed. In the event that existing vegetation and/or existing topography provides screening which is adequate to meet the intent of the required buffer area to screen the buildings, activities and parking areas from adjoining properties, the Borough Council, upon recommendation by the Planning Commission, may determine that the existing topography and/or vegetation constitutes all or part of the required buffer area. If such a determination is made, the applicant may be required to record a conservation easement of the depth specified by the Borough Council to guarantee that the existing topography and/or vegetation will not be disturbed or removed from the approved buffer area.

(2) Openings for driveways shall be permitted to cross a required buffer area. Plantings in required buffer areas shall be located so as to not obstruct visibility for traffic entering or leaving the site.

(3) Maintenance required. It shall be the responsibility of the owner/applicant to assure the continued growth of all required landscaping and/or to replace the same in the event of frost, vandalism, disease or other reasons for the discontinued growth of the required trees, shrubs and bushes. Replacement shall be no later than the subsequent planting season.

D. Plant sizes.

(1) Deciduous trees. All trees required to be planted shall be a minimum of two inches in diameter at a point one foot above the ground. All required trees shall be a minimum of six feet in height at time of planting measured from the ground adjacent to the planted tree to the top of the tree.

(2) Evergreen trees. All evergreen trees required to be planted shall be a minimum of six foot in height at the time of planting measured from the ground adjacent to the planted tree to the top of the tree.

(3) Shrubs. All shrubs required to be planted shall be a minimum of 24 inches in height at planting.

§ 260-502 Lighting requirements.

Lighting for all uses in the Borough shall meet the following requirements:

A. Nonresidential use lighting standards. All exterior parking lots, driveways, vehicular access aisles, pedestrian access areas, sidewalks, pathways, and loading spaces shall be sufficiently illuminated so as to provide safe movements on site.

(1) Illumination shall be by sharp cutoff fixtures with flush-mounted lens cap, with the following exceptions:

(a) Decorative streetlighting along private streets (not including parking lot areas) are exempt from this requirement. However, streetlight poles for decorative streetlighting shall not exceed 25 feet in height, measured from finished grade to the top of the fixture.

(b) Decorative lighting along pedestrian walkways in front of buildings and in pedestrian plazas is exempt from this requirement. However, light poles for the decorative lighting shall not exceed 15 feet in height, measured from finished grade to the top of the fixture.

(2) Fixtures (including those mounted on a building or other structure) shall be mounted parallel to the ground surface, with the following exceptions:

(a) Decorative streetlighting along private streets, decorative lighting along pedestrian walkways in front of buildings, and decorative lighting in pedestrian plazas are exempt from this requirement.

(b) Lighting for the purpose of highlighting a structure or landscape feature shall be exempt from this requirement.

(3) Pole height shall be a maximum of 25 feet.

(4) Illumination shall not exceed one footcandle at all property boundaries. The one-footcandle illumination shall be measured horizontally on the ground surface and vertically at a five-foot height at the property lines.

(5) All site lighting, including architectural, landscape, and canopy lighting, shall be from a concealed source that is not visible from the property boundaries or public street right-of-way. Lighting associated with a freestanding or building canopy shall be recessed into the canopy.

(6) Where elevation differences exist between a proposed development and adjacent properties, the direct source of lighting shall be shielded from adjacent uses to the extent possible through the use of baffles or shades.

B. Residential use lighting standards.

(1) For all residential uses that require parking lots that contain more than 10 parking spaces, the proposed development shall comply with the requirements of the nonresidential use lighting standards above.

(2) All other proposed lighting in residential districts shall be oriented so as not to interfere with adjacent properties. Decorative streetlights shall be designed to minimize impact to existing residential properties.

§ 260-503 Fences and walls.

A. No fence or wall shall be erected, replaced, or altered unless an application has been made, and a permit issued by, the Zoning Officer.

B. Fences may be permitted on lots with no principal use subject to the requirements of this section.

C. Fence location. No fence exceeding four feet in height shall be allowed within the minimum required front building line area of the zoning district in which the fence is located.

D. Fences and all supporting structures must be entirely on the property of the party erecting the fence and shall not encroach upon a public right-of-way.

E. Fence heights.

(1) The height of all fences or walls shall be measured from the finished grade to the top of the fence.

(2) Unless otherwise stated, no fence or wall shall exceed six feet in height.

(3) A fence of no more than 10 feet in height shall be allowed to enclose a private or public tennis court, basketball, or sports courts, provided that the fence is not more than sixty-percent solid.

F. Fences or walls in nonresidential districts abutting residential districts shall not exceed six feet in height.

G. All fences and walls shall be maintained and, when necessary, repaired, removed or replaced.

H. Street intersections. No fence shall be installed that obstructs sight distance at street intersections or interferes with the required clear sight triangle.

§ 260-504 Floodplains.

All development and use of land and structures in floodplain districts shall comply with the most recently adopted floodplain management ordinance of Wilkinsburg Borough as may be amended from time to time.

§ 260-505 Performance standards.

A. Noise. The ambient noise level of any operation, other than those exempted below, shall not exceed the decibel levels prescribed. The sound pressure level or ambient level is the all-encompassing noise associated with a given environment, being a composite of sounds from any source, near and far. For the purpose of this chapter, ambient noise level is the average decibel level recorded during observations taken in accordance with industry standards for measurement and taken at any time when the alleged offensive noise is audible, including intermittent, but recurring, noise.

(1) No operation or activity shall cause or create noise in excess of the sound levels prescribed below:

(a) Residential districts. At no point beyond the boundary of any lot within these districts shall the exterior noise level resulting from any use or activity located on such lot exceed a maximum of 60 dBA.

(b) Nonresidential districts. At no point on or beyond the boundary of any lot within these districts shall the exterior noise level resulting from any use or activity located on such lot exceed a maximum of 65 dBA.

(c) Where two or more zoning districts in which different noise levels are prescribed share a common boundary, the most restrictive noise level standards shall govern.

(2) The following uses or activities shall be exempted from the noise regulations:

(a) Noises emanating from construction or maintenance activities between 7:00 a.m. and 9:00 p.m.

(b) Noises caused by safety signals, warning devices and other emergency-related activities or uses.

(c) Noises emanating from public recreational uses between 7:00 a.m. and 11:00 p.m.

(d) Normal utility and public works activities between the hours of 7:00 a.m. and 9:00 p.m. and emergency operations at any time.

(3) In addition to the above regulations, all uses and activities within the Borough shall conform to all applicable county, state and federal regulations. Whenever the regulations contained herein are at variance with any other lawfully adopted rules or requirements, the more restrictive shall govern.

B. Vibrations. Except for vibrations emanating from construction or maintenance activities between 7:00 a.m. and 9:00 p.m., vibrations detectable without instruments on neighboring property in any district shall be prohibited.

C. Glare. There shall be no direct or sky-reflected glare, whether from floodlights or from high-temperature processes (for example, combustion or welding), so as to be visible from within any district.

D. Fire hazards. Any activity involving the use or storage of flammable or explosive materials shall be protected by adequate firefighting and fire-suppression equipment and by such safety devices as are normally used in the handling of any such material.

E. Radioactivity or electrical disturbance. No activity shall emit dangerous radioactivity or electrical disturbance adversely affecting the operation of any equipment other than that of the creator of such disturbance.

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

G. Air pollution. No pollution by air by fly ash, dust, vapors or other substance shall be permitted which is harmful to health, vegetation or other property or which can cause excessive soiling.

H. Determination of compliance with performance standards. During the review of an application for zoning approval, the applicant may be required to submit data and evidence documenting that the proposed activity, facility or use will comply with the provisions of this section. In reviewing such documentation, the Borough may seek the assistance of any public agency having jurisdiction or interest in the particular issues, and the Borough may seek advice from a qualified technical expert. All costs of the expert's review and report shall be paid by the applicant. A negative report by the technical expert and the applicant's refusal or inability to make alterations to ensure compliance with this section shall be a basis for denying approval of the application.

§ 260-506 Temporary construction trailers.

Temporary construction trailers shall be permitted in any zoning district subject to the following conditions:

A. Temporary construction trailers shall be permitted only during the period that the construction work is in progress under a valid building permit. The temporary construction trailer shall be removed upon completion of the construction authorized under a building permit.

B. A permit for the temporary structure or use shall be obtained from the Zoning Officer prior to the commencement of construction.

C. Temporary construction trailers shall be located on the lot on which the construction is progressing unless an alternative location is approved by the Zoning Officer based on circumstances that make it impractical to locate on the lot on which construction is occurring.

D. Temporary construction trailers shall be used only as temporary field offices and for storage of incidental equipment and supplies and shall not be used for any dwelling use, whatsoever.

E. No combustible materials shall be stored in temporary construction trailers.

§ 260-507 Outdoor storage.

A. In nonresidential zoning districts, except for nurseries, garden supply and building supply, and similar businesses which require outside storage of materials, storage and display of materials outside a completely enclosed structure shall not be permitted. In the case of nurseries, garden supply and building supply, and similar businesses, outside display and storage areas shall be completely enclosed by an opaque fence or dense, compact evergreen hedge which is at least six feet in height.

B. In any other district, any material or equipment stored outside an enclosed building, except for the purposes identified above, shall be incidental to the principal use of the lot and shall be stored to the rear of the building or an alternative location which screens the storage area from public view from the street. Buffering as identified in the buffer yard requirements of this chapter may be required to screen material or equipment stored outside.[1]

[1] Editor's Note: See § 260-501, Screening and landscaping, Subsection B, Buffer yards.

C. All organic rubbish and discarded materials shall be contained in tight, verminproof containers which shall be screened from public view by an opaque fence, masonry wall or dense, compact evergreen hedge which is at least six feet in height.

D. Storage of travel trailers and mobile homes. The parking and storage of travel trailers, mobile homes, motor homes, campers and similar recreational vehicles shall be prohibited within the right-of-way of any public street. At no time shall such parked or stored vehicle be occupied or used as a dwelling.

E. Storage of commercial and construction equipment. Commercial and construction equipment or vehicles, including without limitation trucks of one-ton capacity or greater, tractors of 40 horsepower or larger, tandems, tractor-trailers, cargo-moving equipment and construction equipment or vehicles, shall not be stored or parked temporarily or permanently in any residential district, except within a completely enclosed structure. This section does not apply to active construction or development sites that have otherwise received the appropriate authorizations of the Borough.

§ 260-508 Permitted projections into yards.

The following shall be permitted to project into any required yard in any zoning district as follows:

A. Typical architectural features, including, but not limited to, bay windows, window sills, chimneys, cornices and eaves, shall be permitted to project into required yards no more than 24 inches.

B. Decks and their stairs and unenclosed porches without enclosed habitable foundation and without a roof shall be permitted to project into required side yards no more than three feet and shall be no closer to the rear property line than 20 feet.

C. Steps attached to the principal building and open fire escapes shall be permitted to project into required yards no more than 36 inches.

§ 260-509 Utilities.

All electrical, telephone, cable television, and other communication system service laterals on a lot or site shall be installed underground.

§ 260-510 Urban agriculture use.

[Added 4-5-2017 by Ord. No. 17-004]

Shall be subject to the following standards:

A. All seed, fertilizer, and animal feed shall be stored in a secured, rodentproof container and housed within an enclosed structure.

B. The keeping of poultry birds requires a minimum lot size of 2,000 square feet. Lots or properties that meet the minimum lot size are permitted three poultry birds. For every additional 2,000 square feet of property above the minimum requirement, the owner is permitted one additional poultry bird.

C. All structures related to the housing of poultry birds shall be at least six square feet in size and a minimum of two square feet per additional poultry bird.

D. Roosters are not permitted.

E. The henhouse and/or pen shall be properly designed and constructed to provide adequate security from rodents and predators. Sufficient ventilation and suitable shelter for hens must be provided. The henhouse may not be taller than six feet and must be easily accessible for cleaning and maintenance. Any windows must be screened with chicken wire to protect the hens from predators.

F. For property with a minimum of 2,000 square feet in size, the property owner is permitted to keep two beehives. For every additional 2,000 square feet of property, the owner is permitted two additional beehives.

G. All structures necessary for and related to the housing of honeybees shall be subject to any required setbacks of the underlying zoning district and shall otherwise be set back at least 10 feet from any property line.

H. Ground-mounted beehives shall be located no higher than six feet from grade.

I. Ground-mounted beehives shall be permitted in side and rear yards and shall be provided an enclosed barrier along the property line six feet in height consisting of a solid fence, dense vegetation or combination thereof, and in cases where there is ample yard area, a flyway may be substituted for perimeter barriers, consisting of six-foot-high barriers on both sides of the bee colony, creating a channel extending 20 feet in each direction beyond each bee colony entrance;

J. Roof-mounted beehives shall be located on principal and accessory structures no lower than 10 feet from grade and shall not be within the required setback.

K. All animal structures and roaming areas shall be kept sanitary and free from accumulations of animal excrement and objectionable odor.

L. Outdoor roaming areas for poultry birds shall be sufficiently enclosed and screened from the street and neighboring properties to protect them from vehicular traffic and to minimize external impacts of the outdoor roaming areas.

M. The keeping of poultry birds or honeybees shall be permitted as an accessory use only where there is an occupied residence.

N. The keeping of livestock or other farm animals shall not be permitted as an accessory use.

§ 260-511 Building-mounted and ground-mounted solar panels, accessory use.

[Added 4-5-2017 by Ord. No. 17-004]

A. Applicability and permitting.

(1) Any upgrade, modification or structural change that materially alters the size or placement of an existing solar PV system shall comply with the provisions of this section.

(2) Before any construction or installation on any solar PV system, except for construction or installation of a solar PV system not to exceed six square feet in area or 1 kW, a permit issued by the Borough shall be obtained to document compliance with this chapter.

B. Location within a lot.

(1) Building-mounted systems are permitted to face any rear, side or front yard, as defined in this chapter.

(2) Building-mounted systems may only be mounted on lawfully permitted principal or accessory structures and shall comply with all applicable requirements for accessory uses.

(3) Ground-mounted systems shall comply with all applicable requirements for accessory uses and structures.

C. Design and installation standards.

(1) The solar PV system must be constructed to comply with the Wilkinsburg Code of Ordinances, Code Enforcement, as amended, and any applicable codes, standards and regulations incorporated into the Wilkinsburg Borough Code of Ordinances, except where an applicable industry standard has been approved by the Pennsylvania Department of Labor and Industry under its regulatory authority.

(2) For ground-mounted systems, all exterior electrical lines must be buried below the surface of the ground where possible or be placed in conduit.

D. Setback requirements.

(1) Ground-mounted systems must comply with the applicable accessory structure setback requirements, as set forth in this chapter.

(2) The required setbacks are measured from the lot line to the nearest part of the system.

(3) No part of a ground-mounted system shall extend into the required setbacks.

E. Height restrictions.

(1) Notwithstanding the height limitations of the zoning district:

(a) For a building-mounted 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, measured perpendicular to the roof, of 18 inches between the roof and highest edge or surface of the system.

(b) For a building-mounted 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.

(c) For a building-mounted 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.

(2) Ground-mounted systems may not exceed 12 feet in height.

F. Screening and visibility.

(1) Building-mounted systems on a sloped roof shall not be required to be screened.

(2) Building-mounted systems mounted on a flat roof shall be set back at least five feet from the roof edge.

G. Nonconformance.

(1) Building-mounted systems.

(a) If a building-mounted system is to be installed on any building or structure that is nonconforming due to height, the building-mounted system shall be permitted so long as the building-mounted system does not extend above the peak or highest point of the roof to which it is mounted and so long as it complies with the other provisions of this chapter.

(b) If a building-mounted system is to be installed on a building or structure that is nonconforming because it does not meet all minimum required setbacks, a building-mounted system that complies with all other provisions of this chapter shall be permitted if the system does not increase any encroachment into setbacks.

(2) Ground-mounted systems.

(a) If a ground-mounted system is to be installed on a lot containing a structure that is nonconforming because it does not meet all minimum required setbacks, a ground-mounted system that complies with all other provisions of this chapter shall be permitted if the system does not increase any encroachment into setbacks.

(b) If a ground-mounted 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.

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

I. Performance requirements. All solar PV systems are subject to compliance with applicable performance standards provided in this chapter.

J. Vacation, abandonment and/or decommissioning.

(1) Discontinuation/abandonment is presumed when a solar PV system has been disconnected from the net metering grid for a period of six continuous months without being connected to a battery system or has not produced electricity for a period of six months. The burden of proof in the presumption of discontinuation/abandonment shall be upon the Borough.

(2) A solar PV system, including its solar PV-related equipment, must be removed within 12 months of the date of the discontinuance or abandonment or upon the termination of the useful life of the solar PV system.

(3) For ground-mounted and building-mounted systems, removal includes removal of all structural and electrical parts of the ground- or building-mounted system and any associated facilities or equipment and removal of all net metering equipment.

(4) If the property owner fails to remove or repair the vacated, abandoned or decommissioned solar PV system within six months, the Borough reserves the right to enter the lot, remove the system and charge the property owner for all costs and expenses, including reasonable attorney's fees, or pursue other legal action to have the system removed at the property owner's expense.

(5) Any unpaid costs resulting from the Borough's removal of a vacated, abandoned or decommissioned solar PV system shall constitute a lien upon the lot against which the costs were charged. Each such lien may be continued, recorded and released in the manner provided by the general statutes for continuing, recording and releasing property tax liens.

K. Solar access. The owner of a solar PV system should consider negotiating a written solar access agreement, easement or similar instrument with adjacent property owners to ensure solar access. Such an instrument is not required by this chapter and will not be enforced by the Borough.