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