HOME RULE BOROUGH OF EDINBORO
PUBLIC HEARING on ORDINANCE 571 MINUTES
September 28, 2009
Call to Order:
Mayor Horne opened the Public Hearing at 6:30 p.m. on Monday, September 28, 2009, to take input on the Nuisance Ordinance No. 571.
In Attendance:
Mayor Mary Ann Horne, Michael Amidon, Greg Lucas, Clifford Allen, Manager Jemetz, Jean Davis, Robert Cannell, Marie Lander, John Groh, Kay Spiller, MJ Campbell, Emma Williams, Ron Baker, Michael Schweichler, Vince Dunsworth, Kathy Amidon, Bobby & Laurie Bruce, Al & Esther Riccomini, Marty & Mary Hapeman, Rich Calloy, George Shimpeno, Bridget Jeffery, Darrel Sissm; and Amber Wellington of the Edinboro News.
Edinboro Planning Commission Comments:
Mayor Horne noted that the Edinboro Planning Commission had reviewed the ordinance and voted to recommend as is to Council.
Erie County Planning Comments:
Mayor Horne noted that the Erie County Planning stated,” based on their review, it appears that the proposed ordinance and amendments to the Borough of Edinboro Code of Ordinances are generally consistent with the Erie County Comprehensive Plan.” They did have a request that Section 9 with the repeal of certain sections of existing ordinances be reviewed and that section 27-407B (9); Section 27-407 B (10) and Section 27-407B (11) should be listed instead of only (9) and (10). John Groh stated that this was a typo error and was corrected.
Public Participation:
Mayor Horne opened the meeting to the public to comment on Ordinance 571.
Marty Hapeman, 101 Valley View Drive.
Marty asked that the full ordinance be read. John Groh read Ordinance 571.
HOME RULE BOROUGH OF EDINBORO
Ordinance No. 571
AN ORDINANCE AMENDING Chapter 5 OF THE CODE OF THE BOROUGH OF EDINBORO, BY ESTABLISHING PART 3, PROPERTY NUISANCE CODE. AN ORDINANCE DEFINING AND REGULATING CERTAIN ACTIVITIES DECLARED A NUISANCE AND PRESCRIBING PENALTIES FOR SUCH VIOLATIONS
WHEREAS, the Borough of Edinboro has previously adopted and enacted ordinances to regulate zoning and property maintenance; and
WHEREAS, to eliminate possible ambiguity and contradiction in the administration and enforcement of Borough of Edinboro ordinances; and
WHEREAS, the Borough of Edinboro realizes the nature of certain activities, if not corrected promptly can create a nuisance to neighboring properties and the Borough as a whole; and
WHEREAS, the Borough has the power and duty to enact ordinances that promote the health, safety and general welfare of the residents and visitors; and
THEREFORE, the Home Rule Borough of Edinboro hereby enacts the following:
SECTION 1. Administration and Enforcement: The Edinboro Building Code Department shall administer and enforce the provisions of this ordinance. The Ordinance will be known as the Borough of Edinboro Property Nuisance Ordinance.
SECTION 2. Definitions : For the purpose of this ordinance, the following definitions shall be applied to words and terms hereinafter set forth:
Clutter: An accumulation of items other than garbage, trash, refuse, rubbish or recyclables in such a manner that it would be deemed a nuisance by reasonable living standards. Examples of this would include but not limited to; construction materials not associated with a current construction project of steady, significant progress; automobile parts, appliances, bicycles, etc.
Composting: A method of disposal for household foodstuffs, wastes, leaves, grass/yard clippings, etc. thru biological conversion or breakdown for alternate use.
Curbside placement and return of trash receptacles: The time frames established for curbside trash can placement for pickup by trash haulers and the proper return location after pickup. This time frame is prescribed in the Borough of Edinboro Solid Waste Chapter #20 Section 20-104 F of the Borough Code of Ordinances.
Garbage: Animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
Grass: Vegetation planted in yard spaces and parcels for ornamental purposes.
Non-operating Vehicle: A motor vehicle or trailer which lacks current registration or licensing and/or inspection. A vehicle which has a current registration or license and/or inspection but which is in a condition of major disrepair or disassembly. A vehicle which, due to its’ condition is not permitted on public streets.
Nuisance: An activity or action that interferes with the reasonable use and enjoyment of neighboring and affected adjoining properties.
Outdoor and patio furniture. A type of furniture designed and manufactured in a manner suitable for outdoor use. This definition does not include indoor furniture designed and manufactured for inside use only.
Recreational Equipment: Equipment used for recreational purposes, which is transported by attachment to a licensed motorized vehicle or transported on a trailer that is attached to such vehicle. The equipment can include but not limited to boats, personal watercraft, rowboats, canoes, kayaks, campers (fixed and pop up) snowmobiles, all terrain vehicles and trailers utilized to transport.
Recreational Vehicle: A self propelled, motorized vehicle generally used for camping purposes. It is designed and licensed to be driven on streets and highways. The vehicle may contain housing amenities utilized separate form the principal residence including eating, cooking, sleeping and sanitation facilities.
Recycling: The proper collection and storage items and materials for future reuse thru industrial processes. This includes but is not limited to plastics, newspapers, paper, glass, etc which are disposed of at regular intervals.
Rubbish: Combustible and non-combustible waste materials, except garbage. The term shall include residue from the burning of wood, coal, coke, and other combustible materials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery, dust, and other similar materials and animal feces.
Weeds: Any noxious vegetation planted or existing not for ornamental purposes. This may include any species not considered grass.
SECTION 3 Specific activities declared a nuisance. The following activities are deemed a nuisance and therefore, in violation of this ordinance.
A] The height of grass or weeds on private property that exceeds eight inches (8”). Any vegetation or flowers planted for ornamental or decorative purposes are exempted.
B] The storage of any non-operating motor vehicle on private property unless permitted by established zoning ordinance. Vehicles in a state of disrepair or disassembly stored in an enclosed garage are exempted.
C] The improper storage and placement of recreational equipment (as defined) on private property. Proper storage shall comply with the following yard requirements (storage shall not occur within these yard areas).
1) Front Yard 30 feet
2) Side Yard 10 feet
3) Rear Yard 6 feet
4) Street Corner (corner lots) Side Yard 30 Feet.
At no times shall recreational vehicles or equipment be stored in yard areas along street frontages or on right of ways. Boats in process of restoration or repair shall be kept only within enclosed garages.
D] The placement or storage of larger commercial vehicles over 1 ton or busses or semi trucks and or semi trailers or dump trucks in a residential zoned district.
E] The exterior accumulation of garbage, rubbish, trash, junk items or recyclables on private property. This shall not include items properly set at curbside for pickup by trash haulers as described in the Solid Waste Ordinance.
F] The untimely placement or return of trash cans for regular trash pickup as regulated by the Borough of Edinboro Solid Waste Chapter #20 Section 20-104 F of the Borough Code of Ordinances.
G] The placement of indoor type furniture in yard areas and open porches.
H] Dumping or placement of items such a leaves into open drainage ditches.
I] An accumulation of clutter (as defined) in yard areas.
SECTION 4 Notice of Violation Upon investigation of complaint or thru casual observation and determination by the Building Code Department or by a member of the Police Department that a violation exists, a notice shall be served on the property owner or tenant or responsible party. The violation notice may be served in person or by posting of notice or by USPS Certified Mail, First Class mail, or via email. The notice shall contain the following information ;
A] Name and address of owner or tenant or responsible party.
B] Address and date of violation.
C] Specific section of ordinance which is in violation.
D] Action required to correct the violation.
E] Date and or time period within which it is to be corrected.
F] Fines and penalties to be assessed if the violation is not corrected.
SECTION 5 Penalties and Fines All violations of this ordinance shall be processed as a Non Traffic Citation. Fines and penalties shall be sought thru the local District Courts. Each offense is deemed a Summary Offense and subject to a fine of $25.00 first offense, $50.00 second offense, and $100.00 for all offenses or repeated offenses over the second within a 2-year period plus all court costs. Each day following the passage of the required compliance shall constitute a separate violation. Any costs incurred in the enforcement of this ordinance shall also be sought. Fines maybe amended annually at the first meeting of Council each year or as deemed necessary by resolution of Council.
SECTION 6 Abatement The Borough of Edinboro may, at its’ discretion abate any nuisance if not corrected by the responsible party. The Borough shall also demand payment for costs incurred in the abatement of such nuisance. Failure to reimburse the Borough of Edinboro for such costs will result in an additional civil action.
SECTION 7 Saving Clause If any provision of this Chapter or the application thereof to any Person or circumstances is held invalid, such holding shall not affect the other provisions or applications of this Chapter, which can be given affect without the invalid provisions or applications, and to this end, the provisions of this Chapter are declared severable. All Ordinances or parts of Ordinances which are inconsistent herewith are hereby repealed to the extent of such inconsistency.
SECTION 8 Repealer Clause Borough Council may repeal any part of this ordinance. Any part of this ordinance found to be inconsistent with law may be repealed without nullifying the entire ordinance.
SECTION 9 Repeal of certain sections of existing ordinances The following sections of existing ordinances are hereby repealed with the remaining sections of said ordinances and sections to remain in effect:
Borough of Edinboro Code of Ordinance Chapter 5 Part 2 of the International Property Maintenance Code as amended delete the following sections in their entirety:
PM 303.4 Grass and weeds.
PM 303.8 Motor Vehicles.
PM 306.1 Accumulation of rubbish or garbage.
Borough of Edinboro Code of Ordinances Chapter 27 Part 4 known as the Zoning Ordinance as amended by Ordinance 545 delete the following items in their entirety:
Section 27-407 B (9) Parking of Major Items of Recreational equipment in Areas Outside of Travel parks.
Section 27-407 B (10) Parking of Vehicles Used in Vocational/Avocational Pursuits.
Section 27-407 B (11) Outdoor storage of Inoperative, Unlicensed, Uninspected Vehicles.
SECTION 10 Amendments to existing ordinances
Borough of Edinboro Code of Ordinances Chapter 20 (Solid Waste) Part I Section 20-104 item F add the following:
“Violations of this provision are subject to enforcement thru the Borough Property Nuisance Ordinance.”
Mr. Hapeman stated he had a motor home that he made a special driveway for that was 31’ from the road and wanted to know if it would be conforming.
Manager Jemetz stated that the Borough Code Enforcement Officer was not going out looking with a tape measure for these but if neighbors had a problem with a specific property the Code Enforcement Officer would be required to go out. He recommended that Mr. Hapeman make an appointment for John Groh to come out and discuss his situation with him at his home.
Jean Davis stated that there seems to be some confusion but before this Ordinance we have violations on the books that would have to be taken through the civil process and this way we could use a ticket if not corrected with a call.
Marty Hapeman stated the motor home has been there for 30 years and we go to Florida in the winter, but what if I got sick and didn’t go. Would you say my motor home is in violation.
Manager Jemetz stated that the Borough would not be coming out to fine him but with the current ordinance they could charge a more substantional amount than the new ordinance. He again stated that Mr. Groh will come out and review the requirements with the Hapemans.
Ron Baker, 111 Valley View Drive.
Mr. Baker wanted it known he was not in violation of anything. He wanted his thoughts heard that he did not want to make it easier for the Borough to cite people and he thought they should go through the court system and not make it a police state. Ron wanted the Borough to leave well enough alone. You should make it easier for citizens not the Borough. He also noted that the advertisement was not exactly the same as what was read.
Mayor Horne asked for him to share what he was talking about with the Council.
John Groh showed Mr. Baker that the item added was a deletion of another section because Erie County Planning had found the typo on this section. It is not a substantional change so it was alright to proceed.
Vincent Dunsworth, Waterford, Owns rental property in the Borough.
He wanted to know under the new ordinance 571 would the garbage cans left out in violation would he be getting the fine or would the tenants.
John Groh stated if the tenants are responsible for putting them out and taking them in then they would be the ones cited with the violation.
Mr. Dunsworth felt that indoor furniture was not a problem in the Borough and not a nuisance.
Bobby Bruce, 113 Valley View.
Michael Amidon stated last meeting that this is a Lakeside town and he felt he could see the yards were small along Lakeside and the frontage may become a problem. Boats have been there for years and should be enforced already and done for years. He stated he was also troubled over the statement of Jean Davis regarding a neighbor parking a work truck next to her house.
Jean Davis stated we were talking about large size trucks and semis.
Mr. Bruce stated that if parked you need to use compassion for those that work for a living in the Borough. Maybe you need a grandfather clause for Lakeside since they have been for years and years and when someone new moves in then tell them what they can or cannot do.
Mayor Horne again stated the ordinance is not changing the laws on the books except the way we administer them. If parted and not stored there is no problem and if they are using them during the summer it is only parked.
Duffy Schruers, 106 Beech Street.
If this is ordinance 571 does that mean we have over 500 ordinances on the books? He thought we had too many amendments and advertisement is over ¼ page in the paper for each.
Jean Davis asked Marie Lander if this is from the beginning in the 1900’s. Marie stated yes. Manager Jemetz asked John Groh who had worked for other municipalities about the number of ordinances. Mr. Groh stated it was not unusual but most do not have a property maintenance code.
Kathy Amidon, 809 Lakeside Drive.
Ordinance have been in place long before we lived here only enforce if neighbor complains. A neighbor has been taking picture of our house with a boat on the porch. If he complains that we are in violation what will you do.
Manager Jemetz stated we are not going out and looking for the violations but we must take action if a complaint is initiated. For example if weeds are tall the Code Enforcement officer gets a complaint he will take action to contact you about the tall grass.
Mrs. Amidon stated than if not accepted by neighbors then they complain and the Borough has no choice but to enforce the ordinance.
John Groh stated for example you have a row boat on your front porch. Discussion with you I found out it will be long gone shortly, if not or refusal to take care of it would cause a judgment to be made. Borough will talk with the owner and if reasonable answers then that will be taken into consideration before writing the tickets.
Mike Schweichler, 209 Shelhamer Drive.
So if your neighbors are ticked off at you then they can use the law. It is illegal to steal, if illegal to be there against the ordinance as written you will be nice to you but may not be nice to me. My opinion is that outdoor furniture is not clutter. Maybe set certain way the inspect clutter to others is art. Opinion not fact that the majority of people think it is alright or ugly. Is this how the ordinance is made. Can you define park and storing motor home, I would like to know.
John Groh stated that he looked this up. Parking is a verb/object “place or leave in certain place/time”. Also verb, "Put or leave time certain location". Storing verb.” Stock future use. Reserve or put away for future use”. Mr. Groh stated that this is how he will be looking at it. Car is parked is used from time to time. A Boat used weekends is parked. Boats set waiting for months is stored. Boats off season are stored.
Mayor Horne stated that we look at your rights and everyone’s rights.
George Shimpeno, 215 Beech Street.
This ordinance is an attempt to make civility to a neighborhood. Large part been in past can’t get cited unless you and your neighbors are at disagreement. Then the neighbors can bring attention to the Zoning Officer.
Ron Baker, 111 Valley View
No need for ordinance. You don’t need easier for Borough with citations. Ron asked everyone present if they wanted the new ordinance with majority present against the ordinance.
Mayor Horne stated that most people for the ordinance don’t come to the meetings but some call us at home and tell us they are for it.
Ron stated they should be here if they want the ordinance.
Mayor Horne again stated that people do make calls to our homes.
Jean Davis stated that we have had meetings were people come asking for this type of ordinance. They are not here tonight because they have been listened too before.
Darle Sissm, 143 Meadville Street
Some people stick their noses where they don’t belong. What doing wrong with the ordinance we have. What criteria and definitions to change the ordinance we have.
Mary Hapeman, 101 Valley View Drive.
Please leave as it was instead of nuisance form. Personally, I would prefer to go to court and have fine plus court costs on the complainer.
Mayor Horne stated the complainer doesn’t pay anything. The fine is to the violator and the Borough pays to go to court and file papers with the Justice.
Darle Sissm, 143 Meadville Street
Alleged. You need to regress if junk law suites to protect both parties and the complainant also should pay.
Jean Davis asked the number of cases we have prosecuted. John Groh stated none since he came on board but he was not sure how many Mr. Zamierowski had. Jean Davis went on to say maybe no record but civil fines cost $170 to file for action no matter if Council allows or doesn’t allow regress.
Manager Jemetz stated that court has civil costs and the new ordinance may not be in court if correct problem before given the ticket. If the violator doesn’t agree with the ticket they can go to court to contest it. We would rather have it costs $25 to a resident then $175 for civil suit and possible $500 a day charge. Currently if grass is not cut we currently have to take you to court to get it taken care of. To enforce this new ordinance is a tool in these economic times which will save residents and Borough costs and time.
Michael Amidon, 809 Lakeside Drive. Councilman Amidon stepped down from his place as Councilman to be heard as a resident of the Borough of Edinboro. He stated, I stand down from the Council to speak as a citizen so as to have my opinions heard. Many things happen in this township. There are buildings that go up, decks that are built, things that are done, and if the individual happens to be a friend of someone that is either on council or someone that works for the borough, the borough looks the other way.
Manager Jemetz stated that it was absolutely outrageous.
Kathy Amidon said let him finish.
Michael Amidon went on to give specifics. “We have ordinances on the books. To be very honest with you, if you use a little common sense, you don’t need to enact more ordinances.” He went on to say that there were individuals not here to testify because they are afraid to be retaliated against. People that work and live in the community, they are contractors, and they have specifically told me that “this is my bread and butter”. Code Enforcement and TJ are the same. For the last two years he said he had stressed that the nuisance ordinance was not being dealt with properly. I’ve been banging my head on the wall trying to get Council to listen. That the Lakeside Community, which was established 85 plus years ago was a resort area I Amidon stated that he specifically have stated that the lot sizes do not fit the ordinances. I come from 4-5 generations of boaters with trailers with no dollars for off site storage who have lived in on Lake Edinboro. Mr. Amidon stated that Jean Davis spoke at the other meeting about work trucks and not having in driveways next to her house. No truck in driveway. This is wrong and glad it was mentioned not same as posted. This created hardship to citizens with 40 x 50 foot lots with no way fit Lakeside subdivision.
Two of my rental properties did not cut the grass. If they didn’t cut I would cut and bill them. Michael stated that he was cited specifically by David Zamierowski for garbage sitting out. This created a hardship. There are state and federal laws and we don’t need our laws when we can act on Federal and State statues. He went on to say he listed to the debate and mention of revenue things was all said before. Mayor Horne stated this is not a revenue maker. Michael Amidon went on to say last meeting said raise revenue enforce speeding laws. Manager Jemetz stated we do not make a lot on speeding tickets majority goes to the courts. Amidon went on regarding an unauthorized structure and nuisance sheds put up and maintenance not in ordinance. Dave Zamierowski said I was too close to the street and when back truck in boat placement he was satisfied. Took boat to house to be near electric to work on it. He cited me and had hearing with no notice. Cited also for grass and garbage and Amidon claimed he asked for continuance because he would be in the hospital. They just slipped the boat issue in.
Manager Jemetz stated that this was tried in court and you lost in court.
Jean Davis noted that he got the notices from the Justice and just didn’t read the second one stapled.
Mayor Horne stated 10 minutes Mike times up we need to move on.
Michael Amidon went on to say it was not publicized properly violating people’s rights and the constitution is more learned. This needs to be tabled and re-publicized. People are entitled to a class action suit. I think you’re violating people’s rights.
Hearing Adjourned at 7:37 p.m.
HOME RULE BOROUGH OF EDINBORO
COUNCIL MEETING MINUTES
September 28, 2009
Call to Order:
The following Council members were present: Clifford Allen, Michael Amidon, H. Robert Cannell, Greg Lucas, Jean Davis, and Mary Ann Horne. Council member Dennis Travis was absent. Also in attendance was T. Jemetz, Borough Manager; John Groh Code & Zoning Director; and Marie Lander, Assistant to the Manager. Guests included: Kay Spiller, MJ Campbell, Emma Williams, Ron Baker, Michael Schweichler, Vince Dunsworth, Kathy Amidon, Bobby & Laurie Bruce, Al & Esther Riccomini, Marty & Mary Hapeman, Rich Calloy, George Shimpeno, Bridget Jeffery, Darrel Sissm; and Amber Wellington of the Edinboro News.
Mayor Horne introduced the minutes from the Regular Council meeting held September 14, 2009. Jean Davis moved for approval of the minutes as printed. Clifford Allen seconded. Mayor Horne asked if there were any changes in the minutes. Michael Amidon noted that things are left out and the comment about the truck by Jean Davis is necessary and not in the minutes. Marie Lander noted that the minutes did not have to have every word only the motions and votes. Jean Davis asked if he was on a witch hunt. Mayor Horne asked if there were any changes to these minutes. Michael Amidon stated he asked for copies of minutes from Marie and did not get them. Greg Lucas stated that they are in your packets and if you want more he would give him his minutes from his packets. The minutes would be too long and thick if every word was entered. Clifford Allen called for the question. The minutes passed as presented by 5-1 voice vote with Michael Amidon voting no.
Public Participation:
Mayor Horne moved on to Old Business.
Committee Reports:
Finance Committee: Jean Davis stated that they had met today to review the bills, open purchase orders, and recommend approval. Jean Davis motioned to approve the bills paid September 28th $147,539.08 and Robert Cannell seconded. The motion passed by 6-0 voice vote.
Jean Davis moved approval of the payroll ending September 19th that was paid September 25th totaling $53,994.01. The motion was seconded by Robert Cannell and passed by 6-0 voice vote.
Ordinance Review: Clifford Allen introduced Ordinance 571 which a public hearing was held prior to this meeting. The final reading is on page 23-26 of the packets and on the wall of the Council Room which Council has moved on through the meetings and voted for. Several meetings of the Ordinance review Committee also were held and he believed that further discussion was needed after the Public Hearing. He moved to table 571 for more discussion of Ordinance Review Committee. Michael Amidon seconded the motion and it passed by 4-2 vote.
Clifford Allen moved to introduce Ordinance 572 and 573 by reading the notice of intent to adopt as follows:
PUBLIC NOTICE OF INTENT TO ADOPT PROPOSED
AMENDMENT TO THE BOROUGH OF EDINBORO ZONING ORDINANCE
The Home Rule Borough of Edinboro hereby gives notice of its intent to adopt Ordinances amending the Home Rule Borough of Edinboro Zoning Ordinance on November 9, 2009 at 6:30 p.m. at a regular meeting of the Home Rule Borough of Edinboro. Said public meeting is to be held at the Home Rule Borough of Edinboro Municipal Building, 124 Meadville Street, Edinboro, PA 16412. This Notice contains the title and summary of the proposed ordinances amending the Zoning Ordinance. A complete copy of the said proposed Ordinance No. 572 and 573 may be examined without charge at the Borough of Edinboro Municipal Office during regular business hours from 8:00 a.m. to 4:30 p.m. Monday through Friday and a copy thereof may be obtained at the Borough Building for a standard charge for copying of 25 cents per page.
The proposed Ordinance 572 is entitled, “Home Rule Borough of Edinboro Ordinance No. 572” and amends Ordinance 545 the Code of the Borough of Edinboro Chapter 27 adding Part 4, “Solar Energy Systems”. Said Ordinance regulates the location and use of solar energy systems and associated equipment. Said ordinance includes definitions, classifications, applicability, design and installation, height limitations and setbacks, easements, and inactive solar equipment requirements.
The proposed Ordinance 573 is entitled, “Home Rule Borough of Edinboro Ordinance No. 573”, and amends Ordinance 545 the Code of the Borough of Edinboro Chapter 27 adding Part 5, “Wind Turbines”. Said Ordinance regulates the use and location of wind turbine electrical generating systems. The Ordinance includes definitions, classifications, applicability, design and installation, height limitations and setbacks, and non operating wind turbines and equipment requirements.
The Home Rule Borough of Edinboro intends to discuss the above Ordinances at
its regular council meetings on September 28, October 12, and November 9, 2009 commencing at 6:30 p.m.
The public is invited to attend and participate in said Public meetings.
Publish Edinboro News 4X: Sept. 24, Oct 1; Oct 8; Oct 15, 2009
Clifford Allen went on to read the Ordinance 572 in it’s entirety:
HOME RULE BOROUGH OF EDINBORO
Ordinance No. 572
AN ORDINANCE AMENDING Chapter 27 OF THE CODE OF THE BOROUGH OF EDINBORO, BY ESTABLISHING PART 4, “SOLAR ENERGY SYSTEMS”. AN ORDINANCE DEFINING AND REGULATING LOCATIONS AND USE OF SOLAR ENERGY SYSTEMS AND ASSOCIATED EQUIPMENT.
WHEREAS, the Home Rule Borough of Edinboro is a Home Rule Municipality and therefore has the power to enact ordinances and legislation; and
WHEREAS, the Home Rule Borough of Edinboro has previously adopted and enacted zoning ordinances 457; and
WHEREAS, the Home Rule Borough of Edinboro recognizes the needs of Borough residents to utilize alternate forms of electrical energy; and
WHEREAS, the Home Rule Borough of Edinboro realizes tax incentives and other programs have been implemented at the state and federal level to assist homeowners with the purchase and installation of solar energy equipment, and
WHEREAS, the Home Rule Borough of Edinboro wishes to balance a property owners right to utilize solar energy equipment with the interests of the community in regards to aesthetics and convenience; and
THEREFORE, the Home Rule Borough of Edinboro hereby enacts the following:
Title: SOLAR ENERGY SYSTEMS
Amendment to Home Rule Borough of Edinboro Zoning Ordinance 457, Article 4 , Section 417 ( new) ; Solar Energy Systems also known as an amendment to Chapter 27 of the Code of the Borough of Edinboro as Part 4 Section 417“SOLAR ENERGY SYSTEMS:.
417.1 Definitions:
The following definitions shall be used in reference to the provisions of this
section:
Solar Energy: Radiant energy whether direct, diffused or reflected that is
received from the sun.
Solar Energy System: Any solar collector or other solar energy device, or
any structural design feature mounted on a building or on the ground, and
whose primary purpose is to provide for the collection, storage and
distribution of solar energy for space heating or cooling, for water heating or
for electrical generation.
Orientation: The placement and installation of solar collectors in a
manner and position that provides the greatest efficiency in the collection of
solar energy. This is determined and calculated by solar location during
specific time of the calendar year.
417.2 Classifications:
A] Solar energy systems utilized for private and on site purposes are an
accessory to the primary land use. They shall provide electrical power only
to structures on subject property.
B] Solar energy systems which are the primary land use and utilized to
provide electrical power to customers that are off site shall be deemed as a
Public Utility Substation as defined and regulated as such in the Zoning
Ordinance.
417.3 Applicability
A] The provisions of this section shall apply to Solar Energy Systems
installed and constructed after the effective date of amendment.
B] Solar Energy Systems installed prior to the effective date shall be
permitted to remain provided they do not constitute a hazard to neighboring
properties or the borough as a whole.
C] Any upgrade, modification or structural change that affects the size or
placement of the Solar Energy System shall comply with the requirements
of this ordinance.
417.4 Design and Installation
A] The Solar Energy System shall comply with applicable provisions of the
Pennsylvania Uniform Construction Act 45 of 1999 and regulations adopted
by the Department of Labor and Industry.
B] The installation shall conform to recognized industry standards and
oriented in a manner that provides optimal performance.
417.5 Height Limitations and Setbacks
A] Solar energy systems and associated equipment shall not be located in
front yard areas
B] Ground mounted solar energy systems must comply with all height limits
and setback requirements for utility structures in which zoning district it is
located.
C] Roof mounted systems shall conform to height requirements previously
established in this ordinance.
417.6 Easements
The provisions of this section shall not imply nor require the application of solar easements among neighboring properties. Compliance with specific provisions of this section shall not be interpreted to require removal or trimming of trees or other obstructions from neighboring properties. Any solar easement that is established shall be independent of this ordinance. Easements shall be legally documented and the responsibility of current and future property owners.
FPN: Persons should review all relevant factors when considering solar energy systems for private use. Certain conditions including topography, position of dwelling and obstructions such as trees and structures both on site and neighboring , could render the property unsuitable for the installation of solar equipment.
417.7 Inactive Solar Equipment
Any solar equipment installation that is out of service for more than 30 days shall be deemed as non-generating. Such system installations shall be removed from service and completely disassembled.
ENACTED AND ORDAINED THIS ____ DAY OF _______, 2009 by the Council of the Home Rule Borough of Edinboro.
Clifford Allen moved to adopt the first reading and Greg Lucas seconded.
Discussion followed with Clifford Allen stating that the committee discussed this ordinance as a way to help people to be in compliance. We have three readings as a way to get public input on this matter.
Michael Amidon stated he had installed wind and solar power and thought these were good ordinances but suggested it as a model to citizens. Michael felt residents can’t find some one to fix conductor or windmills if they breakdown in 30 days. Place for efficiency with more solar and height applies to wind. What heights? I can’t find it in the Ordinance?
John Groh noted that it is in the 1993 Zoning Ordinance heights depending on location within the Borough.
Michael Amidon stated that they need provision made and it doesn’t need to be put into the ordinance about repairs because no way you can get it done in 30 days.
Amidon moved to table ordinance 572. The motion failed for a lack of a second.
Clifford Allen asked for input on these specific ordinance be sent to the Committee for review.
Marty Hapeman suggested that the “WHEREAS, the Home Rule Borough of Edinboro recognizes the needs of Borough residents” should be changed to “WHEREAS, the Home Rule Borough of Edinboro recognizes the desire of Borough residents”. Marty was thanked for his comments.
The ordinance passed first reading by 5-1 roll call vote: Clifford Allen, yes; Robert Cannell, yes; Michael Amidon, no; Jean Davis, yes; Dennis Travis, absent; Gregory Lucas, yes; and Mary Ann Horne, yes.
Clifford Allen introduced Ordinance 573 and read it as follows:
HOME RULE BOROUGH OF EDINBORO
Ordinance No. 573
AN ORDINANCE AMENDING Chapter 27 OF THE CODE OF THE BOROUGH OF EDINBORO, BY ESTABLISHING PART 4 Section 418, “WIND TURBINES” AN ORDINANCE DEFINING AND REGULATING LOCATIONS AND USE OF WIND TURBINE ELECTRICAL GENERATING SYSTEMS.
WHEREAS, The Home Rule Borough of Edinboro is a Home Rule Municipality and therefore has the power to enact ordinances and legislation; and
WHEREAS, the Home Rule Borough of Edinboro has previously adopted and enacted Ordinance 457; and
WHEREAS, the Home Rule Borough of Edinboro recognizes the use of wind turbines as electrical generating systems may have some practical application within certain parameters; and
WHEREAS, Borough residents are seeking alternate forms of electrical power including green energy for their everyday use; and
WHEREAS, The Borough Council wishes to balance a property owners’ right to utilize alternate energy sources, including wind energy with the interests of the community in regards to aesthetics and reasonable use and enjoyment of property; and
WHEREAS, the Borough has the power and duty to enact ordinances that promote the health, safety and general welfare of the residents and visitors; and
THEREFORE, the Home Rule Borough of Edinboro hereby enacts the following:
Title: Part 4, Section 418 (new) Wind Turbines
418.1 Definitions
The following definitions shall be used in reference to the provisions of this section:
Wind Turbine a mechanical device that converts wind energy into electricity
through the use of a wind turbine generator and includes the nacelle, rotor, tower
and transformer
Wind Turbine Facility a single turbine or group of wind turbines constructed
on land in which the primary use is the generation of electricity for commercial
and residential distribution purposes. This is also known as a windmill farm.
Turbine Height the distance measured from the surface of the tower foundation
to the highest point of the turbine rotor plane
Small Wind Turbine a wind turbine that produces from 1 to 100 kWh of
electricity which is designed and installed to serve a principal and or accessory
structure located on the same parcel.
418.2 Classifications
A] Small wind turbines utilized for private and on site purposes shall be an accessory structure/ use to the primary land use. They shall provide electrical power only to structures on subject property
B] Wind turbine facilities which are the primary land use and utilized to provide electrical power to customers that are off site shall be deemed a Public Utility Substation as defined and regulated as such in the Zoning Ordinance.
418.3 Applicability
A] The provisions of this section shall apply to wind turbines and facilities installed and constructed after the effective date of this ordinance.
B] Any upgrade, modification or structural changes shall comply with the requirements of this ordinance or any subsequent amendments
418.4 Design and Installation
A] Wind turbines and equipment shall comply with applicable provisions of the Pennsylvania Uniform Construction Code and regulations adopted by the Department of Labor and Industry. Surplus power that is generated and connected to utility company grid must comply with applicable standards of the utility provider.
B] The installation shall conform to recognized standards of the wind turbine industry
C] The wind turbine operation shall not interfere with radio/ television transmitting or receiving frequencies
D] The wind turbine shall not create a noise level greater than 50dB and shall not create an audible nuisance to neighboring properties
FPN: According to US Dept of Energy National Renewable Energy Laboratory Wind Resource Map, the Edinboro area is not a region of sustainable winds. Persons should review all relevant factors when considering the feasibility of wind energy for private use. Certain conditions such as topography, height limitations and lack of sustained winds greatly limit a wind turbines generating capacity.
418.5 Height Limitations and Setbacks
A] Turbine height is defined in Section 418.1 and is limited to the height established for the applicable zoning district
B] Setbacks for small wind turbines shall be that of utility structures located in the same zoning district
C] Wind turbine facilities shall be regulated as a Conditional Use and subject to the application process required by this ordinance.
418.6 Non operating wind turbines and equipment
Wind turbines that are non-operational for a period of more than 30 days are deemed as non generating and shall be removed from service and completely disassembled.
ENACTED AND ORDAINED THIS ____ DAY OF _______, 2009 by the Council of the Home Rule Borough of Edinboro.
Clifford Allen moved acceptance of Ordinance 573 as it’s first reading and Greg Lucas seconded.
Discussion followed.
Bobby Bruce,113 Valley View Drive.
Bobby asked about when people use less than they make of electricity and they sell it back to the grid.
Someone explained to him that this section did not allow for more than one house to be on the windmill because then it would be considered a public utility. You can sell back to the grid if the electric company allows.
Michael Amidon stated that what Bruce brought up is why we need legal to review these ordinances.
It was noted by someone on Council that these ordinance were first drafts that had legal review and we just added whereas.
Mayor Horne stated that the Ordinance Review would look into questions by Public regarding public utilities commission requirements and neighbor sharing and facility substations.
The Ordinance in it’s first reading passed by 5-1 roll call vote: Robert Cannell, yes; Michael Amidon, no; Jean Davis, yes; Dennis Travis, absent; Gregory Lucas, yes; Clifford Allen, yes; and Mary Ann Horne, yes.
Clifford Allen informed the public that the Public Hearings for Ordinance 572 and 573 will be held on October 12th at 6:30 p.m.
Manager Jemetz reported on the sewage plant went on line with Washington Township flows September 22nd.
6N Willow storm sewer installation of connection to box culvert is expected this week. Elm Street storm sewer will be started in the spring funded in part by H2O grant of 66% of costs.
Energy grant applied for.
Hill reviewing with Steve Halmi the Aspen Way area flooding and the Scott’s Glen subdivision documents to make sure contractor followed documents for storm sewers.
Cellular antenna is in legal hands for negotiations.
No change in HANDS request regarding tax exemption.
Zoning Hearing Board will meet Oct 7th.
Quarterly emergency management training was attended on Sept 17th from 6:30 to 9 p.m.
Police transitioned to the 911 center from Emergycare on September 23rd.
Software upgrade are on going and they are working on integrating credit card payments with the accounting software.
Edinboro Growth Initiative meeting is scheduled for Sept 30th at Eclectic Etc.
Next Joint Planning Committee is Oct 14th at 7 pm..
Tim Horton has given us permission to say they have signed a lease to use the vacant Dairy Queen Building They are working with Zoning Department for proper permits.
Edinboro Inn was inspected by Erie County health Department in conjunction with our Zoning & Code Enforcement Department and there are several health and safety violations they will need to address.
University-Community Network meeting at Sate College is scheduled for Oct 13th please sign up early if attending.
Clifford Allen stated that Cherry Street construction he was referred to John Groh who stated the software was down and he had given a verbal move forward to the contractor. What arrangements did they make for the building permit. Mr. Allen did not feel a verbal go ahead was appropriate and that a temporary permit should have been given until the software was up. In the future they should give out some typed or hand written permit for the window and no verbal go a heads.
Greg Lucas stated the permit was in the window.
Manager Jemetz stated that they would work out some manual procedure if down again.
Police: Monthly reports were received and reviewed.
Darrel Sissm, 143 Meadville Street.
Darrell Sissm stated that he had authorized the police to use his driveway but they don’t seem to catch the speeders on Meadville Street. Someone is going to get killed we need to be more proactive. They are driving 50-60 mph on Meadville Street. We need traffic control not clearance rates.
Michael Amidon stated he had had several conversation with the police and no radar is being used because they can not use it. He had informed them about Water, Maple and Meadville Streets and they need painted lines. You need to revitalize the lines.
Manager Jemetz stated the Police coordinate with the Public Works and they have the lines they need. He would talk with the Police to see if they need new lines.
Michael Amidon went on to say that he can not get license plates since they go too fast. His father used to use a hose to slow them down.
Mayor Horne stated she would speak with the Chief.
NEW BUSINESS:
Mayor Horne asked for motion to set Halloween observance for trick or treat for October 31st 6-8 pm. Clifford Allen so moved and Michael Amidon seconded. The motion passed by 6-0 voice vote.
Marie was instructed to email everyone of the budget workshops as it got closer.
Being no new business, Mayor Horne asked for a motion to adjourn.
Greg Lucas moved for adjournment, and the meeting was adjourned at 8:31 P.M.
Home Rule Borough of Edinboro Council Meeting
HIGHLIGHTS
September 28, 2009
· Payment of bills
· Minutes
· Payroll
· 1st reading Wind Turbine & Solar Energy
· Final reading 571 tabled
· .
POSTPONED
1. Ordinance 571 tabled
2. Appointments to Environmental Shade Tree Advisory Committee
UPCOMING MEETINGS:
Oct 5 1:30 pm Ordinance Review Committee Meeting
Oct 12 4:00 p.m. Finance Committee Meeting
Oct 12 5:00 p.m. Authority Meeting
Oct 12 6:30 p.m. Public Hearing Ordinance 572 & 573
Oct 12 6:30 p.m. Council Meeting
Oct.14 7:00 p.m. Joint Planning Commission
Oct 21, 26; Nov 2, 16, 23; & Dec 7th – Budget Workshops
1. Set up Ordinance Review Committee meeting
2. work out manual procedures if software down
3. See if police need new speed lines
4. e-mail budget workshop reminders to Council for Oct 21 6:30 p.m.
HOME RULE BOROUGH OF EDINBORO COUNCIL MEETING AGENDA
September 28, 2009
6:30 p.m. Public Hearing Ordinance 571
A. Open Public Hearing- state purpose
B. Edinboro Planning Commission Comments
C. Erie County Planning Comments
D. Public Input
E. Close Hearing
Immediately following Hearing Regular Meeting
I. Call to Order of the Regular Council Meeting by Mayor Horne
II. Roll Call: Clifford “Kip” Allen ____, Michael Amidon _____, H. Robert Cannell __, Jean Davis ____, Greg Lucas __, Dennis Travis ____, Mary Ann Horne __ Manager Taras Jemetz _____, Solicitor Marsh ____; and Marie Lander, Assistant to the Manager _____.
III. Approval of Minutes
· Regularly Scheduled Meeting of September 14, 2009
Action: Motion to approve minutes
IV. Public Participation –
A.
V. Old Business
1. Finance Committee/Pension Committee/ Negotiation Committee – Jean Davis Chair - Met September 28th
a. Authorization to approve bills paid September 28th
totaling $ 147,539.08___
b. Authorization to approve payroll ending September 19 paid September 25th Totaling ___$53,994.01_
2. Ordinance Review Committee –Chair Kip Allen
A. Ordinance 571 – Property Nuisance Code – Final reading
B. Ordinance 572 – Solar Energy Systems – 1st reading
C. Ordinance 573 Wind Turbines – 1st reading
D. Hearings for Ordinance 572 and 573 will be Oct 12th at 6:30 p.m.
3. Personnel Committee –Chair Robert Cannell
1) Opening Environmental Shade Tree Advisory Committee
A) Application William P. Alexander
B) waiting other applicants that requested interview
4. Public Safety –Chair Mary Ann Horne
5. Recreation/Lake/Environment –Chair Dennis Travis
6. Street, Buildings, and Grounds- Chair Greg Lucas
7. Committee of the Whole
C. Solicitor's Report:
1. Kranick v.s. Borough; Halmi; HRG; Washington Township; Municipal Authority of the Borough of Edinboro – Erie County Court of Common Please NO. 13015-2009 – nothing to report
D. Management's Report:
1. Manager Jemetz - Report
2. Finance:
3. Personnel
4 Emergency Management
5. EVFD
6. Police : Report - FYI
7. Employee Safety Committee
8. Code Enforcement/Planning/Zoning-
9. Public Works
10. Wastewater Collection & Treatment
11. Water System
D. Community Liaisons
1. EUP Liaison - Mary Ann Horne alt TJ
2. Environmental Shade Tree Advisory Committee – Mary Ann Horne
3. Erie County Planning Liaison – Robert Cannell alt TJ
4. EVFD Board Liaison – Mary Ann Horne
5. PLCM - Kip Allen alt TJ
6. Municipal & Water Authority – Jean Davis
7. Washington Township Liaison - Jean Davis alt Greg Lucas
8. Watershed Association - Mary Ann Horne
9. Joint Planning Commission – Greg Lucas –
a) Next Meeting October 14th 7 p.m.– FYI
E. OTHER OLD BUSINESS:
A.
VI. New Business
A. Set Halloween observance October 31, 2009 6-8 p.m (Trick or Treat)
VII. Adjournment
2009 EDINBORO BOROUGH COUNCIL MEETINGS 6:30 p.m.
Sept 28, Oct 12, Oct 26, Nov 9 Nov 23, & Dec 14th
BUDGET WORKSHOPS: 6:30 p.m. October 21, October 26, November 2, November 16, November 23, and December 7th
©Copyright September 2009