Borough of Forty Fort, PA Part 8 SUPPLEMENTAL REGULATIONS

§ 27-801 Purpose and Intent.

[Ord. No. 2018-2, 11/5/2018]

Certain uses of land and/or buildings, as specified herein, whether permitted by right or special exception, shall be subject to supplemental regulations in addition to those of the district in which the use is located.

1. Animal Hospital. An animal hospital shall maintain all activities within a completely enclosed soundproof building, and no objectionable odors shall be vented outside the building. No animal hospital shall be located less than 100 feet from any property line.

2. Apartment Buildings/Townhouses (Multifamily Dwelling Units) and Two-Family Dwelling Units. Townhouse buildings shall contain no more than six single-family dwelling units. Maximum building height shall be three stories or 35 feet. Maximum percentage of building coverage on a lot per dwelling unit, exclusive of common or public open areas, shall be 30%. A lot area of 3,000 square feet shall be required for each dwelling unit. A minimum lot width of not less than 150 feet shall be required for apartment building and 20 feet for each townhouse unit. The minimum distance between principal structures shall be 25 feet. The exterior appearance of the building shall be so constructed and maintained so as to retain the residential character of the neighborhood. Fire escapes, when required, shall be located in the rear of the building and shall not be located on any side of the building that faces a street. Service entrances, trash and garbage storage areas shall be enclosed, and screened from public view by a solid fence six feet in height. No dwelling unit shall have its own driveway entering onto an arterial or collector street.

3. Assisted Living Facilities, Nursing Homes or Personal-Care Homes. The minimum lot size shall be one acre. All buildings shall be located not less than 50 feet from any property line or street line. A minimum of 20% of the lot shall designed, developed, used, and maintained for outdoor recreational activities limited to one or more of the following: garden areas, sitting areas, picnic areas and/or pedestrian walkways.

4. Automobile-Related Activities.

A. Automotive Repair Garage. Activities including the repair of automobiles, trucks, snowmobiles and motorcycles shall be conducted within a completely enclosed building where adequate measures shall be taken to minimize noise, vibrations, fumes and glare. All paint work shall be performed within a building, with a ventilation system that directs fumes away from adjacent properties and buildings. Temporary outdoor parking of vehicles intended to be replaced is permitted in the side or rear yard areas only, and those vehicles shall be licensed and inspected at all times. Only vehicles to be repaired on the premises or picked up by the vehicle owner may be stored in the yard area. Storage of vehicles shall be permitted for no longer than 30 days. Service bays shall face the front yard property line whenever possible. Where the operation abuts on the side or rear property line of a district having residences as a principal permitted use, a solid wall or substantial attractive fence six feet in height shall be constructed and maintained in good condition along such boundary. Outdoor trash dumpsters shall be concealed within an area surrounded by solid opaque fencing not less than six feet in height. All exterior lighting shall be directed away from adjacent properties and shall utilize cutoff shields or otherwise be designed to conceal the light source from adjoining properties and streets.

B. Automotive Sales. The outdoor display of new or used automobiles, boats, recreational vehicles, motorcycles, manufactured homes or mobile homes shall meet the required principal building setback requirements. Where an automotive sales use abuts a rear or side lot line of any district having residences as a principal permitted use, a solid wall or substantial, attractive fence six feet in height shall be constructed and maintained in good condition along such boundary. Outdoor trash dumpsters shall be concealed within an area surrounded by solid opaque fencing not less than six feet in height. All exterior lighting shall be directed away from adjacent properties and shall utilize cutoff shields or otherwise be designed to conceal the light source from adjoining properties and streets.

C. Car Wash. Appropriate drainage facilities for washing activities shall be provided wherein water from the car wash will not flow onto sidewalks, streets or adjoining properties. The site shall be sufficiently large to accommodate three cars per stall waiting washing during peak periods so that lines along public streets are avoided. Such operations shall also comply with any applicable regulations of the Pennsylvania Department of Environmental Protection. Car wash operations abutting on the side or rear property lines of a district having residences as a principal permitted use shall provide a solid wall or substantial, attractive, tight fence six feet in height and well maintained along such boundary. Outdoor trash dumpsters shall be concealed within an area by a solid fence, not less than six feet in height. All exterior lighting shall be directed away from adjacent properties and shall utilize cutoff shields or otherwise be designed to conceal the light source from adjoining properties and streets.

D. Gas Station, Limited-Service, Gas Stations (Also Includes Convenience Stores with Gasoline Sales). Where such use abuts on the rear or side lot line of a district having residences as a principal permitted use or a property being used for residential purposes, the following requirements shall apply to the side and rear yard property boundaries:

(1) Construction of a solid wall or solid opaque fencing eight feet in height, designed to conceal and screen the property from adjoining properties.

(2) Within a required rear yard or side yard setback, there shall be a landscaped planting strip not less than four feet in depth, planted with shrubs or trees which are not less than three feet high at the time of planting and which are of a type that may be expected to form a year-round dense screen at least six feet high within three years. The landscaped planting strip shall be maintained in good condition at all times, including the replacement of any shrubs or trees which are damaged, die or otherwise fail to grow.

(3) Outdoor trash dumpsters shall be concealed within an area surrounded by solid opaque fencing not less than six feet in height.

(4) Gasoline pumps or other service appliances and canopies may be located in the required front yard subject to having a setback of not less than 25 feet from the right-of-way line of the adjoining street. All repair services, storage or similar activities in connection with the use shall be conducted within the building where adequate measures shall be taken to minimize noise, fumes and glare.

(5) All exterior lighting shall be directed away from adjacent properties and shall utilize cutoff shields or otherwise be designed to fully conceal the light source from adjoining properties and streets.

5. Banks. Banks and other similar financial offices shall provide sufficient space to accommodate parking, vehicular circulation areas for drive-in tellers, access areas for parking lots separated from drive-in areas, and areas for pedestrian traffic separated from vehicular traffic for safety. Canopies over drive-through areas shall meet all yard setback requirements.

6. Bed-and-Breakfast.

A. A bed-and-breakfast shall be within an owner-occupied dwelling which is rented on a nightly basis for periods of normally not more than a week. There shall not be separate cooking facilities in any guest rooms. Dining and other facilities shall not be open to the public, but shall be exclusively for the use of the residents and registered guests. Two off-street parking spaces shall be provided for each rental unit.

B. No signs, show windows or any type of display or advertising shall be visible from outside the premises, except for a single wall or freestanding sign, which shall not be internally illuminated, with a maximum sign area of four square feet on each of two sides, if freestanding, and with a maximum height of eight feet.

C. In a residential district, the exterior of the building shall not be changed in any way that would decrease its residential appearance and character, except for needed modifications for historic restoration, handicapped access or firesafety.

7. Boarding/Rooming House. The property shall be limited to providing lodging for not more than four persons, excluding the owner of the property. Off-street parking spaces shall be provided in accordance with the requirements set forth in Part 10.

8. Bottle Club or BYOB Club.

A. A Bottle Club or BYOB Club, as so defined in Part 2 of this chapter, shall be located not less than 1,000 feet from any of the following uses:

(1) A residential dwelling.

(2) A place of worship

(3) A public or quasi-public use or structure.

(4) A zoning boundary of any zoning district in which residences are permitted as a principal permitted use.

B. Measurements of the required distance shall be made in a straight line, from the nearest portion of the structure or premises of an adult use, to the nearest property line of the above-noted uses. The structure and/or premises of an adult use, including all off-street parking areas, shall be completely enclosed by a buffer area as so defined in Part 2 of this chapter. The owner of the property shall be responsible to maintain such the buffer area in good condition, including the replacement of any trees, which are damaged, die, removed by whatever means or otherwise fail to grow.

9. Cemeteries. The minimum lot area shall be five acres, which may be on the same lot as a permitted place of worship. All structures, graves or places of permanent burial shall be set back not less than 50 feet from all property lines and street lines, and shall not be located within any 100-year floodplain. The cemetery shall be enclosed by a fence, wall or shrubbery at least three feet in height. The interior roads shall have a minimum width of 12 feet and shall be properly maintained with either gravel or paving. The applicant and/or owner must provide sufficient proof that an appropriate financial system is in place or will be implemented to guarantee perpetual maintenance of the cemetery.

10. Contractors' Storage Yards and Outdoor Storage as a Principal Use. Commercial and/or or industrial uses utilizing outdoor storage space of more than 2,000 square feet shall be located on a tract of land of not less than one acre with a complete listing of all types of items to be stored therein. No hazardous substances, as so defined in Part 2 of this chapter, shall be permitted upon the site. Supplies stored outdoors shall be neatly arranged and no required yard areas shall be used for storage. There shall be a roadway 14 feet in width provided for in every 40 linear feet of stored materials. The roadway shall be kept passable for fire-fighting equipment. Outside lighting shall be shielded and directed downward away from adjoining properties.

11. Day-Care Facilities. All day-care facilities shall comply with the following:

A. The applicant or owner shall provide evidence of certification of compliance with all appropriate regulations of any designated state agency whose approval and/or license is required by the laws of the commonwealth.

B. Noise and all other possible disturbing aspects connected to such use shall be controlled to the extent that the operation of such use shall not unduly interfere with the use and enjoyment of properties in the surrounding area.

C. All day-care facilities shall have an outdoor recreation area which shall be completely enclosed with a fence six feet in height.

D. The applicant shall supply evidence that vehicular traffic congestion will be avoided in "pickup and drop-off points" utilized in transporting individuals to and from the facility.

E. One off-street parking space shall be required for each employee.

F. One off-street parking space shall be required for each vehicle used by the establishment for the purpose of transporting persons attending the facility

12. Drive-Through Facilities. Any use providing a drive-through (i.e., bank, eating establishment, etc.) shall comply with the following requirements:

A. The drive-through lane or aisle shall be designed with adequate space for a minimum of four waiting vehicles per lane or aisle. There shall be a maximum of one lane or aisle per drive-through window.

B. Each drive-through lane or aisle shall be clearly marked and designed so as to prevent traffic hazards and congestion while at the same time minimizing conflicts with pedestrian travel.

C. Canopies situated over drive-through areas shall meet all setback requirements for the zoning district in which the property is located.

13. Dwelling Over or Attached to a Business. A dwelling unit over or attached to business establishments shall be designed as living quarters with private access, having adequate natural light and kitchen and bathroom facilities. Required residence parking and commercial parking must be provided for each use in accordance with the parking requirements of this chapter.

14. Emergency Services Facility. Such a facility shall have a setback distance of not less than 20 feet from all property lines. Where any parking area abuts the side or rear property lines of an adjoining residential use, a solid wall or solid opaque fencing eight feet. In front of the fence or wall there shall also be a landscaped planting strip at least four feet wide, planted with shrubs or trees which are not less than three feet high at the time of planting and which are of a type that may be expected to form a year-round dense screen at least six feet high within three years.

15. Entertainment Facilities. Entertainment facilities as defined in Part 2 of this chapter shall provide proper parking areas with vehicular circulation and access designed to minimize any potential traffic congestion. Such facilities shall not be closer than 50 feet from any boundary of a district having residences as principal permitted use, shall provide adequate screening from any residential district, and shall be conducted entirely within an enclosed structure.

16. Food Processing. The processing, packaging, dressing and treatment of meat, poultry and fish products, shall be conducted wholly within a completely enclosed building. Smoke, noise, or odors affecting adjacent property shall be prohibited.

17. Group Home. Any party wishing to establish and/or operate a group home, in addition to all other applicable zoning regulations and/or requirements, shall be subject to the following supplemental requirements:

A. The maximum occupancy of a group home shall not exceed eight persons, excluding staff. The occupancy of said group home shall be governed by the standards and requirements as provided for within the most recent housing code standards of the governing code as provided for under the Pennsylvania Uniform Construction Code.[1]

[1] Editor's Note: See 34 Pa. Code, Chapters 401 through 405, as amended.

B. The group home shall be under the jurisdictional and regulatory control of a governmental entity (county, state, and/or federal).

C. The applicant and/or operator of a group home shall provide written documentation from the applicable governmental entity which certifies said group home complies with the location, supervised services, operation, staffing and management of all applicable standards and regulations of the subject governing program.

D. The applicable requirements and standards which govern off-street parking for a single-family dwelling shall also govern for a group home, however two additional off-street parking spaces shall be provided and if there is any required staffing associated with the management and operation of a group home.

E. A group home shall be operated and maintained in the character of a residential dwelling in harmony with and appropriate in appearance with the character of the general vicinity in which it is to be located.

18. Home Occupations. A home occupation shall be subject to the following regulations:

A. A home occupation shall require approval as a special exception and must be clearly incidental and secondary to the principal use of the property as a dwelling unit by the person conducting the home occupation. The use shall not create additional pedestrian, automobile or truck traffic in excess of the normal amount typical for the area. Client or customer visits to the site shall normally be limited to not more than three per day, and 10 per week.

B. The home occupation shall only be carried on entirely within the confines of the principal structure used as a dwelling unit.

C. The following represents a listing of home occupations. Any use not specifically listed may only be considered and approved as home occupation upon securing a variance by the Zoning Hearing Board:

(1) Professional Service Occupations: accountant, engineer, planner, architect, survey artist, attorney, interior designer, realtor, musician, photographer, stenographer, computer programmer, dentist, physician, and other state-licensed medical practitioners.

(2) Service Occupations: Dressmakers, seamstresses, tailors, home crafts, tutoring services including music lessons, home cooking, baking or preserving and sales and surveys over the phone.

D. No display or advertisement of products or services may be visible from outside the building. Any storage of materials associated with the home occupation shall be within the building.

E. A single nonilluminated sign, no larger than two square feet in surface area, is permitted to identify the home occupation.

F. No person other than a resident of the dwelling unit may conduct the home occupation. No more than one nonoccupant may be employed to perform secretarial, clerical or other assistance.

G. Not more than 30%, or 600 square feet of space, excluding space which is located within the basement or attic, whichever is less, of the total floor area of the dwelling unit wherein the home occupation is being conducted may be devoted to the home occupation.

H. In addition to providing two off-street parking spaces for occupants of the dwelling unit, each home occupation shall have off-street parking as indicated below.

(1) One space for the home occupation and one space for the nonresident employee, if applicable.

(2) Three additional parking spaces for a physician, dentist, or other state-licensed medical practitioner.

I. The home occupation may not disturb the peace, quiet and dignity of the neighborhood by electrical interferences, dust, noise, smoke, or traffic generated by the use.

J. The hours of operation for a home occupation shall not be conducted between the hours of 8:00 p.m. and 8:00 a.m.

K. There shall be no retail sales of goods except those goods that are prepared or produced on the premises.

L. There shall be no change in the residential character of the building wherein the home occupation is being conducted.

19. Industrial Activities. All activities and uses permitted within the I-1 and I-2 Districts shall comply with all regulations governing odors, fumes, dust, smoke, vibration, noise, sewage, industrial waste, fire hazards and any other of the activities and uses which side effects are deemed injurious to the public health, safety and welfare by the United States Environmental Protection Agency (EPA), the Pennsylvania Department of Environmental Protection (DEP) and the Pennsylvania Department of Labor and Industry. It shall be the responsibility of the applicant to provide the Zoning Officer with a complete listing of all state and federal regulations governing the proposed use and written compliance from the governing agencies. All industries are required to supply the Borough Emergency Management Agency and the Fire Department with all applicable MSDS sheets, emergency operations and evacuation plans.

20. Junkyards and/or Automotive Wrecking Yards. All new junkyards and automotive wrecking yards, or the proposed expansion of an existing junkyard and automotive wrecking yard, shall comply with the following:

A. Such premises shall at all times be maintained so as not to constitute a nuisance or menace to the health of the community or residents nearby or place for the breeding of rodents and vermin.

B. Burning of any materials shall be prohibited.

C. No oil, grease, tires or gasoline shall be burned at any time.

D. No garbage, organic waste, rubbish, toxic materials and hazardous materials shall be stored on such premises.

E. Whenever any motor vehicle shall be received on such premises as junk, all gasoline and oil shall be drained and removed from said vehicle.

F. The storage of any combustible materials, such as gasoline, oil or related items, shall be placed in fireproof containers and stored within fireproof sheds.

G. The manner of storage and arrangement of junk and the drainage facilities on the site shall be such as to prevent the accumulation of stagnant water upon the premises and to facilitate access for firefighting purposes.

H. There shall be no stockpiling of motor vehicles, nor shall there be any junk piled higher than four feet.

I. Fire lanes of a minimum width of 20 feet in width shall be provided for every 40 linear feet of junk, which shall be kept open and unobstructed for proper access for firefighting equipment and safety purposes.

J. Junk shall not be stored within 100 feet of any adjoining property line or nearer than 100 feet to any adjoining or abutting street.

K. All junkyards shall be completely screened from view on all sides by a solid wall or substantial fence not less than eight feet in height and an evergreen hedge with such evergreens being a minimum height of at least five feet at the time of planting. Any fence or wall shall be no closer than five feet to the property lines.

L. All premises shall, at all times, be maintained so as not to constitute a nuisance, or a menace to the health, safety, and welfare of the community or to the residents nearby, or a place for the breeding of rodents and vermin.

M. Such premises may be open for business or any work in connection with the storage, processing and transportation or removal of junk only on Monday through Saturday from 8:00 a.m. to 8:00 p.m., local time.

21. Large Retail Establishment. When such an establishment abuts on the side or rear property line of a district having residences as a principal permitted use a setback distance of not less than 50 feet shall be required. A buffer area as so defined in Part 2 shall be provided within the aforementioned setback distances of 50 feet. All exterior lighting shall be directed away from adjacent properties and shall utilize cutoff shields or otherwise be designed to conceal the light source from adjoining properties and streets. Upward directed lighting is prohibited. Night lighting shall be provided for all pedestrian walkways. The maximum height of light poles in parking lots shall not exceed 18 feet.

22. Machine Shops. Where the operation abuts a zoning district where residences are a principal permitted use, or where an existing residential dwelling unit is located, a solid wall or substantial, attractive fence not less than eight feet in height shall be constructed and maintained in good condition along such boundary line, or a buffer yard of not less than 50 feet in width must be landscaped, and maintained in good condition. All materials shall be stored within a completely enclosed building and outdoor storage of any kind is prohibited. All operations excluding pickups or deliveries shall be conducted within the enclosed building.

23. Mortuaries and Crematories. Sufficient area shall be provided for vehicular circulation on the lot and for the assembly area for the procession beyond the street right-of-way line. Points of vehicular access to the site shall not create traffic hazards on the street. Loading and unloading areas for ambulances and hearses shall be within an enclosed building or shall be screened from view from adjacent properties by a solid wall or substantial, attractive fence not less than six feet in height. Outside lighting shall be directed away from adjacent properties.

24. Medical Marijuana Dispensary. Such a facility shall require documentation of a state license. A minimum lot size of one acre shall be required. The facility shall be located not less than 1,000 feet from a school, day-care or child-care facility, a public park and/or residential zoning district.

25. Medical Marijuana Growers/Processors Facility. Such a facility shall require documentation of a state license. A minimum lot size of one acre shall be required. The facility shall be located not less than 1,000 feet from a school, day-care or child-care facility, a public park and/or residential zoning district. The property on which the facility is located shall be surrounded by a fence not less than eight feet in height and constructed with industry-standard materials. There shall be no odors, fumes smoke, dust or any other noxious pollutants discharge from the facility which exceed federal and commonwealth regulations. There shall be no storage of any form of marijuana or its by-products outside the facility.

26. Motels and Hotels. A motel or hotel shall require a lot area, of not less than two acres and a lot width of not less than 200 feet and shall contain at least 10 sleeping rooms not less than 1,000 square feet per sleeping room. The remaining floor area may be used for such uses as a restaurant, retail store, game room, ballroom and banquet room provided that these uses are primarily designed to serve the guests of the motel or hotel. All buildings and structures shall be not less than 60 feet from a front yard line, and not less than 35 feet from the side and rear lot lines. All areas not used for access, parking circulation, buildings and services shall be completely and permanently landscaped and the entire site maintained in good condition.

27. No-Impact Home-Based Business. A no-impact home-based business, as defined in Part 2 of this chapter, shall be permitted by right in all residential zoning districts and zoning districts in which residences are permitted as a principal permitted use, except that such permission shall not supersede any deed restriction, covenant, or agreement restricting the use of the land, nor any master deed, bylaw, or other document applicable to common interest ownership community. The following standards and criteria shall apply to a no-impact home-based business:

A. The business activity shall be compatible with the residential use of the property and surrounding residential uses.

B. The business shall employ no employees other than the family members residing in the dwelling.

C. There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.

D. There shall be no outside appearance of a business, including, but not limited to, parking, signs or lights.

E. The business activity shall not use any equipment or process which creates noise, vibration, glare, fumes, odors, or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.

F. The business activity shall not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with a residential use in the neighborhood.

G. The business activity shall not occupy more than 25% of the habitable floor area.

H. The business shall not involve any illegal activity.

28. Nonprofit Social Halls and Clubs. Buildings utilized for such purposes shall not be less than 40 feet from any property line. Where such use abuts any R District, the following requirements shall apply to the side and rear yard property boundaries:

A. Construction of a solid wall or solid opaque fencing eight feet in height, designed to conceal and screen the facility from adjoining properties.

B. Within a required rear yard or side yard setback, there shall be a landscaped planting strip not less than four feet in depth, planted with shrubs or trees which are not less than three feet high at the time of planting and which are of a type that may be expected to form a year-round dense screen at least four feet high within three years. The landscaped planting strip shall be maintained in good condition at all times, including the replacement of any shrubs or trees which are damaged, die or otherwise fail to grow.

C. Outdoor trash dumpsters shall be concealed within an area surrounded by solid opaque fencing not less than six feet in height.

D. The provision of any outside lighting shall be directed away from adjacent properties.

29. Outdoor Wood-Fired Boiler. An outdoor wood-fired boiler shall comply with the following standards:

A. The property must have a lot area of not less than two acres.

B. A safe flue or chimney shall be provided which has a minimum termination height of 15 feet above the natural ground level upon which the outdoor wood-fired boiler is located and be provided with a spark arresting device designed and approved for that purpose.

C. A fan or blower attached to the appliance to increase the efficiency of the outdoor wood-fired boiler.

D. An outdoor wood-fired boiler shall be located not less than 200 feet from any property line and not less than 40 feet to any principal structure or building located upon the property.

E. The outdoor wood-fired boiler shall have an orange hang tag that signifies that it meets the EPA's standards for Phase 1 air emission levels of 0.60 pound of fine particulates per million BTU heat input and qualifies for the EPA's voluntary program.

F. All outdoor wood-fired boilers shall be installed, operated and maintained in strict conformance with the manufacturer's instructions and the regulations promulgated hereunder. In the event of a conflict, the regulations promulgated within this section shall apply unless the manufacturer's instructions more restrictive, in which case the manufacturer's instructions shall apply.

G. The owner of the outdoor wood-fired boiler shall produce the manufacturer's instructions for all devices that do not conform to the requirements of this section.

H. All outdoor wood-fired boilers may only be utilized for the sole purpose of furnishing heat to a structure or building and/or providing hot water during the time period of October 1 through May 1; and subject to meeting the requirements of this section.

I. No homemade outdoor wood-fired boilers will be allowed.

J. Only natural clean wood may be burned in outdoor wood-fired boiler. Regardless of the manufacturer's instructions an outdoor wood-fired boiler shall not be used to burn any of the following materials:

(1) Any material that does not meet the definition of "clean wood."

(2) Furniture.

(3) Garbage.

(4) Tires.

(5) Lawn clippings or yard waste.

(6) Wet or soggy wood.

(7) Material containing plastic.

(8) Material containing rubber.

(9) Waste petroleum products.

(10) Paints and paint thinners.

(11) Chemicals.

(12) Any hazardous waste.

(13) Coal.

(14) Glossy colored paper.

(15) Construction and demolition debris.

(16) Plywood.

(17) Particleboard.

(18) Salt water driftwood.

(19) Manure.

(20) Animal carcasses.

(21) Asphalt products.

K. All storage of materials to be burnt in the outdoor wood-fired boiler shall be neatly stacked and/or stored under cover and free from insects (termites, ants, etc.) or any type of disease-carrying rodents.

L. Ashes or waste cannot be accumulated in a large area on the property. They may be dispersed on the property as long as no accumulation can be seen (for example: spread in a driveway). Any large accumulation of ashes or waste must be disposed of weekly with the owner's trash.

30. Places of Worship. A minimum lot area of one acre shall be required for the use. Religious instruction and educational rooms may be permitted within the principal building as accessory uses. A minimum lot area of two acres shall be required when the use consists of one or more of the following accessory uses: primary or secondary school; day-care center; and a single-family dwelling unit. Where the lot adjoins an existing residential dwelling unit, or is located within a residential zoning district, the parking area shall be screened along the side and rear lot lines with shrubbery or evergreen trees not less than four feet in height at the time of planting. The buffer area shall be kept in good condition and continuously maintained.

31. Public Utility Facilities (Essential). Public utility facilities, as defined in Part 2, shall conform to the following regulations for properties containing such uses:

A. Access and parking shall be provided only for maintenance and servicing of such facilities.

B. A chain-link fence and locked gate not less than eight feet in height shall surround the building or structures of such facilities.

C. A buffer area not less than 10 feet in depth and comprised of trees and/or shrubs designed to conceal such buildings or structures of such facilities.

D. Outside lighting shall be directed away from adjacent properties.

E. The location, design and operation of such facilities shall not adversely affect the character of any adjacent residential properties.

32. Recreational Facilities (Outdoors as a Principal Use). All such facilities, whether public, private or commercial, shall conform to the following regulations:

A. No outdoor recreation activity shall be conducted closer than 100 feet to any property line.

B. A buffer area, at least 50 feet in depth and planted with trees, shrubs or other landscaping, shall surround the property except for access drives.

C. Unless superseded by a PennDOT highway occupancy permit or Luzerne County highway occupancy permit, access drives shall be not greater than 25 feet in width; parking areas shall not be located within buffer areas.

D. Storm drainage from the site shall be channeled to natural drainagecourses and away from adjoining properties.

33. Restaurants and Taverns. Outdoor trash dumpsters shall be concealed within an area surrounded by solid opaque fencing not less than six feet in height. Outside lighting shall be directed away from adjacent properties.

34. Satellite Dish Antenna (Noncommercial). A freestanding noncommercial satellite dish antenna, as so defined in this chapter, shall be deemed an accessory use, permitted by right in all zoning districts. Granting approval for the establishment and/or construction of a satellite dish antenna shall not restrict or imply to restrict the use or development of another zoning lot. The height of a noncommercial satellite dish antenna, including any supporting device, measured from ground level to its highest point of elevation, shall not exceed the maximum height restriction of the zoning district in which it is located. The following supplemental provisions shall apply:

A. Location on Lot. No satellite dish antenna shall be installed on a portable or moveable device.

B. Number on Lot. Not more than one satellite dish antenna shall be permitted on a zoning lot.

C. Size Limitations. The dimensions of a satellite dish antenna measured from its outermost edges cannot exceed 12 feet in diameter.

D. Roof-Mounted. A roof-mounted satellite dish antenna having a diameter not greater than three feet and installed in accordance with the manufacturer's specifications be shall be exempted from securing zoning approval.

35. School. A school, whether public or private, primary or secondary, shall have a minimum lot size of three acres, and any outdoor recreational or play area shall be located not less than 150 feet from any residential lot line, or existing residential dwelling unit.

36. Self-Storage Facility. A property containing a building or group of buildings in a controlled-access and fenced compound, containing varying sizes of individual compartmentalized and controlled-access stalls or lockers for dead storage of customers' goods and personal property, with storage space available for rental to the general public. All storage shall be contained within a completely enclosed building or buildings. There shall be a minimum spacing of 25 feet between buildings for traffic circulation, parking and fire lane purposes. All outside lighting shall be directed away from adjacent properties.

37. Sexually Oriented Business.

A. No sexually oriented business, as so defined in Part 2 of this chapter, shall be located less than 1,000 feet from any of the following uses:

(1) A residential dwelling.

(2) A place of worship.

(3) A public or quasi-public use or structure.

(4) A zoning boundary of any zoning district in which residences are permitted as a principal permitted use.

B. Measurements of the required distance shall be made in a straight line, from the nearest portion of the structure or premises of an adult use, to the nearest property line of the above-noted uses. The structure and/or premises of an adult use, including all off-street parking areas shall be completely enclosed by a fence, not less than eight feet in height and screened by a variety of evergreen trees which shall be planted not more than six feet apart and being not less than eight feet in height at the time of planting. The owner of the property shall be responsible to maintain such screening, including the replacement of any trees which are damaged, die, removed by whatever means or otherwise fail to grow.

38. Short-Term Home Rental.

A. Each owner of a short-term home rental who resides more than 20 miles from the rental shall designate a local person, property manager or agent, as a local contact person who has access and authority to assume management of the unit and take remedial measures.

B. The owner shall, by written agreement, limit overnight occupancy of the short-term home rental to not more than two persons per bedroom with the maximum number of bedrooms not to exceed five per short-term home rental.

C. A short-term home rental shall have a minimum of 1.25 off-street parking spaces per bedroom. The required number of parking spaces may include spaces in a garage which can accommodate vehicles. All parking spaces shall comply with the dimensional requirements of § 27-1002 of the Zoning Ordinance.

D. The owner shall use best efforts to assure that the occupants or guests of the short-term home rental do not create unreasonable noise or disturbances, engage in disorderly conduct, or violate provisions of the Zoning Ordinance, and other local and state laws pertaining to noise or disorderly conduct by notifying the occupants of the rules regarding short-term home rentals and responding when notified that occupants are violating laws regarding their occupancy.

E. Any lights used for exterior illumination shall be directed away from adjoining properties. Lighting shall be pointed/shielded downward to minimize upward glare.

F. The owner of the short-term home rental shall conspicuously place a notice on the front door of the principal building indicating that it has been approved as a short-term home rental; listing these zoning provisions so that occupants have notice of the rules and regulations governing short-term home rentals; and containing the following information:

(1) The name of the managing agency, agent, property manager, local contact, or owner of the unit, and a telephone number at which that party may be reached on a twenty-four-hour basis.

(2) The maximum number of occupants permitted to stay in the unit at any one time.

(3) The maximum number of all vehicles allowed to be parked on the property and the requirement that all renter/guest parking must be on the property and not in any private, community or public right-of-way.

(4) The trash pickup day and notification that trash and refuse shall not be left or stored on the exterior of the property except within 24 hours of the day designated for trash pickup.

G. The owner of the short-term home rental must register with the Borough Zoning Officer the names, addresses and contact numbers for all persons renting a unit at least one week prior to the rental.

39. Solar Energy System (Minor).

A. Minor solar energy system shall meet the following criteria:

(1) Is fueled solar power.

(2) Is located in the power beneficiary's premises.

(3) Is intended primarily to offset part or all of set beneficiary's requirements for electricity.

(4) Is secondary to the beneficiary's use of the premises for other lawful purpose(s).

B. Design and Supplemental Requirements.

(1) Solar collection systems shall not be located in the front yard between the principal structure and the public right-of-way, or private street.

(2) Shall not be located in the front yard between the principal structure and the public right-of-way or private street.

(3) If not located on a rooftop then must meet the minimum setbacks of an accessory building of the zoning district in which it is located.

(4) Height. Freestanding collection systems shall not exceed 20 feet in height.

(5) Size. Freestanding collection systems on residential properties shall not exceed the greater of 1/2 the footprint of the principal structure or 600 square feet, whichever is greater. The size of arrays for nonresidential properties shall not exceed 1/2 of the footprint of the principal structure except for rooftop systems.

(6) Solar collection systems are permitted to be located on the roof or the exterior wall of a structure subject to the following:

(a) Collection systems shall not extend more than 12 feet above the roofline;

(b) Collection systems shall not exceed the maximum height permitted in the zoning district in which they are located; and

(c) Collection systems located on the roof or attached to a structure shall provide, as part of their permit application, a structural certification.

(7) Code Compliance: To the extent applicable, a solar energy system shall comply with the Pennsylvania Uniform Construction Code Act 45 of 1999,[2] as amended, and the regulations adopted by the Department of Labor and Industry.

[2] Editor's Note: See 35 P.S. § 7210.101 et seq.

(8) A property owner who has installed or intends to install a solar collection system shall be responsible for negotiating with other property owners in the vicinity for any necessary solar easement.

C. Site Plan Required.

(1) Drawing to scale to show the following:

(a) Lot boundary lines and setback lines and easements;

(b) Names and mailing addresses of adjoining property owners;

(c) Proposed energy system;

(d) Certification of ownership;

(e) Copy of deed provided with site plan;

(f) Scale and North arrow.

40. Solar Energy System (Major).

A. Permit Requirement and Application.

(1) All applications for a major solar energy system shall be considered a major land development, shall meet the requirements of this chapter and the Forty Fort Borough Subdivision and Land Development Ordinance (SALDO),[3] and shall be reviewed by the Borough Planning Commission and approved by the Borough Council.

[3] Editor's Note: See Ch. 22, Subdivision and Land Development.

(2) The permit application or amended permit application shall be accompanied with a processing fee and escrow fee in the amount established by resolution by the Borough Council.

(3) Any physical modification to an existing and permitted solar energy system that materially alters the equipment shall require a permit modification under this chapter. Like-kind replacements shall not require a permit modification.

B. Installation.

(1) To the extent applicable, the solar energy system shall comply with the Pennsylvania Uniform Construction Code, Act 45 of 1999,[4] as amended, and the regulations adopted by the Department of Labor and Industry.

[4] Editor's Note: See 35 P.S. § 7210.101 et seq.

(2) The design of the solar energy system shall conform to applicable industry standards.

(3) Major solar energy systems as defined by this section shall use public rights-of-way or established utility corridors when reasonable. While a utility corridor may be used for more than one utility or purpose, each utility or use should be negotiated with the landowner as a separate easement, right-of-way, or other agreement between the landowner and any other party and all owners of interest in the property. Nothing in this subsection is intended to conflict with the right of eminent domain.

(4) The construction and installation of solar energy systems may necessitate the importation of fill material which may result in the displacement of native material. The incidental generation of earthen spoils resulting from the construction and/or installment of a solar energy system and the removal of said material from the development site shall meet all local and state requirements.

C. Review Criteria. Major energy systems are classified as a conditional use requiring review by the Borough Planning Commission and approval by the Borough Council. The following criteria shall apply to the review and approval of major energy systems:

(1) A determination that adequate measures have been undertaken by the proponent of the major energy system to reduce the risk of accidents caused by hazardous materials.

(2) A determination that the proposed major solar energy system is essential or desirable to the public convenience and/or not detrimental or injurious to the public health or safety, or to the character of the surrounding neighborhood.

(3) A determination that the proposed major solar energy system will not be reasonably detrimental to the economic welfare of the Borough and/or that it will not create excessive public cost for public services by finding that it will be adequately serviced by existing services such as highways, roads, police and fire protection, emergency response, and drainage structures, refuse disposal, water and sewers, or that the applicant shall provide such services or facilities.

(4) Consideration of industry standards, available technology, and proposed design technology for solar energy in promulgating conditions of approval.

(5) No permit will be issued nor can any construction begin until the applicant has met all the requirements of the Forty Fort Borough Subdivision and Land Development Ordinance (SALDO).[5]

[5] Editor's Note: See Ch. 22, Subdivision and Land Development.

D. Certification and Compliance.

(1) The Borough must be notified of a change in ownership of a major energy system or a change in ownership of the property on which the major energy system is located.

(2) The Borough reserves the right to inspect any major energy system in order to ensure compliance with the chapter. Any cost associated with the inspections shall be paid by the owner/operator of the major energy system.

(3) The major energy system owner(s) or operator(s) shall provide the Borough Zoning Officer with a copy of the yearly maintenance inspection.

E. Decommissioning.

(1) The owner or operator of a major energy system or then owner of the land on which the major energy system is located owner(s)/operator(s)/landowner(s) shall complete decommissioning within 12 months after the end of the useful life. Upon written request by the owner(s)/operator(s)/landowner(s) and for a good cause shown, the Borough may grant a reasonable extension of time. The major energy system will be presumed to be at the end of its useful life if no electricity or other form of power is generated for a continuous period of 12 months. All decommissioning expenses shall be the responsibility of the owner(s)/operator(s)/landowner(s) of the major energy system.

(2) Decommissioning shall include the removal of panels, buildings, electrical components, and roads to a depth of 60 inches, as well as any other associated facilities. Any foundation shall be removed to a minimum depth of 60 inches below grade, or to the level of the bedrock if less than 60 inches below grade. Following removal, the location of any remaining foundation shall be identified on a map as such and recorded with the deed to the property with the County Register of Deeds.

(3) All access roads to the major energy system shall be removed, cleared, and graded by the owner(s)/operator(s)/landowner(s), unless the landowner(s) requests, in writing, a desire to maintain the access road. The Borough will not be assumed to take ownership of any access road unless through official action of the Borough Council.

(4) The site and any disturbed earth shall be stabilized, graded, and cleared of any debris by the owner(s)/operator(s)/landowner(s) or their assigns. If the site is not to be used for agricultural practices following removal, the site shall be seeded to prevent soil erosion.

(5) In addition to the decommissioning requirements listed previously, the major energy system shall also be subject to the following:

(a) If the owner(s)/operator(s)/landowner(s) fails to complete decommissioning within the period prescribed above, the Borough may designate a contractor to complete decommissioning with the expense thereof to be charged to the violator and/or to become a lien against the premises. The Borough shall be authorized to use all means provided in law, including a municipal lien, to recover all costs of decommissioning. If the major energy system is not owned by the landowner(s), a bond must be provided to the Borough for the cost of decommissioning the major energy system.

(b) An independent and certified professional engineer shall be retained by the Borough to estimate the total cost of decommissioning ("decommissioning costs") with no regard to salvage value of the equipment, and the cost of decommissioning net salvage value of the equipment ("net decommission costs"). When determining this amount, the Borough may also require an annual escalator or increase based on the Federal Consumer Price Index (or equivalent or its successor). Said estimates shall be submitted to the Borough after the first year of operation and every fifth year thereafter. The engineer's fees shall be paid by the owner(s)/operator(s)/landowner(s)

(c) The owner(s)/operator(s)/landowner(s) shall post and maintain decommissioning funds in an amount equal to or greater than net decommissioning costs; provided that at no point shall decommissioning funds be less than 100% of decommissioning costs. The decommissioning funds shall be posted and maintained with a bonding company or federal- or state-chartered lending institution chosen by the owner(s)/operator(s)/landowner(s) posting the financial security. The bonding company or lending institution must be authorized to conduct such business and be approved by the Borough.

(d) Decommissioning funds shall be in the form of a performance bond made out to Forty Fort Borough.

(e) A condition of the bond shall be notification by the bond company to the Borough Council when the bond is about to expire or be terminated.

(f) Failure to keep the bond in effect while a major energy system is in place will be a violation of the zoning approval as a conditional use. If a lapse in the bond occurs, Forty Fort Borough may take action up to and including requiring ceasing operation of the major energy system until the bond is reposted.

(g) The escrow agent shall release the decommissioning funds when the owner(s)/operator(s)/landowner(s) has demonstrated and the Borough concurs that decommissioning has been satisfactorily completed, or upon written approval of the Borough in order to implement the decommissioning plan.

(h) If the owner(s)/operator(s)/landowner(s) fail to complete decommissioning within the periods addressed previously, then the Borough may take such measures as necessary to complete decommissioning. The entry into and submission of evidence of a participating landowner agreement to the Borough shall constitute agreement and consent of the parties to the agreement, their respective heirs, successors and assigns that the Borough may take such action as necessary to implement the decommissioning plan.

F. Setbacks, Restrictions and Easements. A major solar energy system:

(1) Shall be a minimum of 1,000 feet from any zoning district boundary line and property line of existing residential or public use.

(2) Shall not be located within 500 feet of a public or private road right-of-way, nor within 100 feet from all other property lines.

(3) A property owner who has installed or intends to install a solar collection system shall be responsible for negotiating with other property owners in the vicinity for any necessary solar easement and shall record the easement with the Luzerne County Recorder of Deeds Office.

(4) Shall provide a fifty-foot planted buffer/screen along all property lines.

(5) Shall conceal solar collector's supporting structures fixtures and piping where applicable.

G. Site Plan Drawing. A site plan drawing shall be provided as part of the conditional use application that is drawn to scale and dimensioned, displaying the following information:

(1) Existing property features to include property lines, physical dimensions of the property, total parcel size, land use, zoning district, contours, setback lines, right-of-way, public and utility easements, public roads, access roads (including width), sidewalks, nonmotorized pathways, large trees and all buildings. The site plan must also include the adjoining properties as well as the location of all structures and utilities within 300 feet of the property.

(2) Location, size, and height of all proposed major solar energy systems, buildings, structures, ancillary equipment, underground utilities and their depth, security fencing, access roads (including width, composition, and maintenance plans), electrical substations, and other aboveground structures and utilities associated with the proposed major solar energy system.

(3) Additional details and/or information as required for a conditional use application as set forth in the Forty Fort Borough Zoning Ordinance or as requested by the Borough Planning Commission or Borough Council.

H. Site Plan Documentation. The following documentation shall be included with the site plan:

(1) The contact information for the owner(s) and operator(s) of the major solar energy system as well as contact information for all properties on which the major solar energy system is located.

(2) A copy of the lease, or recorded document, with the landowner(s) if the applicant does not own the land for the proposed major solar energy system. A statement from the landowner(s) of the leased site that he/she will abide by all applicable terms and conditions of the use permit, if approved.

(3) Identification and location of the properties on which the proposed major solar energy system will be located.

(4) The proposed number, representative types and height of each component of the system to be constructed; including their manufacturer and model, product specifications including total rated capacity, and a description of any ancillary facilities.

(5) Engineering data where applicable concerning construction of the major solar energy system and its components, which may include, but not limited to, soil boring data.

(6) A certified registered engineer shall certify that the major solar energy system meets or exceeds the manufacturer's construction and installation standards.

(7) Anticipated construction schedule.

(8) A copy of the maintenance and operation plan, including anticipated regular and unscheduled maintenance. Additionally, a description of the procedures that will be used to conduct maintenance, if applicable.

(9) Documented compliance with applicable local, state and national regulations including, but not limited to, all applicable safety, construction, environmental, electrical and communications requirements.

(10) Proof of applicant's liability insurance.

(11) Evidence that the utility company has been informed of the customer's intent to install an interconnected, customer-owned generator and that such connection has been approved. Off-grid systems shall be exempt from this requirement.

(12) Other relevant information as required by the Forty Fort Borough Subdivision and Land Development Ordinance[6] to ensure compliance with the requirements of this chapter.

[6] Editor's Note: See Ch. 22, Subdivision and Land Development.

(13) Following the completion of construction, the applicant shall certify that all construction is completed pursuant to the conditional approval. The applicant shall provide an as-built plan as required by the Forty Fort Borough Subdivision and Land Development Ordinance.[7]

[7] Editor's Note: See Ch. 22, Subdivision and Land Development.

(14) A written description of the anticipated life of the major solar energy system; estimated cost of decommissioning; the method of ensuring that funds will be available for decommissioning and site restoration; and removal and restoration procedures and schedules that will be employed if the major solar energy system becomes inoperative or nonfunctional.

(15) The applicant shall submit a decommissioning plan that will be carried out at the end of the major solar energy system's useful life, and shall describe any agreement with the landowner(s) regarding equipment removal upon termination of the lease.

(16) The Borough reserves the right to review all maintenance plans and bonds under this chapter to ensure that all conditions of the permit are being followed.

(17) Signature of the applicant.

(18) In addition to the site plan requirements listed previously, the major solar energy system shall be subject to the following:

(a) A site grading, erosion control and stormwater drainage plan shall be submitted to the Luzerne Conservation District and Pennsylvania Department of Environmental Protection. These plans shall also be reviewed by the Borough's engineering firm. The cost of this review will be the responsibility of the applicant.

(b) A statement indicating what hazardous materials will be used and stored on the site.

(c) A study assessing any potential impacts on the natural environment including, but not limited to, assessing the potential impact on endangered species, eagles, birds and/or wildlife, wetlands and fragile ecosystems. The study shall conform to state and federal wildlife.

I. Access Driveway. Each major energy system shall require the construction of a private road to offer an adequate means by which the Borough may readily access the site in the event of an emergency.

J. Safety Requirements.

(1) If the major energy system is connected to a public utility system for net metering purposes, it shall meet the requirements for interconnection and operation set forth in the public utility's then-current service regulations applicable to solar power generation facilities, and the connection shall be inspected by the appropriate public utility.

(2) Security measures need to be in place to prevent unauthorized trespass and access. All access doors to electrical equipment shall be locked and/or fenced as appropriate, to prevent entry by nonauthorized person(s).

(3) All spent lubricants, cooling fluids, and any other hazardous materials shall be properly and safely removed in a timely manner, and disposed of in accordance with current DEP regulations.

(4) Each major energy system shall have a minimum one sign, not to exceed two square feet in area, posted on the security fence if applicable. The sign shall contain at least the following:

(a) Warning high voltage.

(b) Manufacturer and owner/operator's name.

(c) Emergency contact numbers (list more than one number).

(5) To the extent applicable, a major energy system shall comply with the Pennsylvania Uniform Construction Code 34 Pa. Code.[8]

[8] Editor's Note: See 34 Pa. Code, Chapters 401 through 405, as amended.

K. Natural Resources and Historic Sites. No major energy system shall be located less than 1,000 feet from any important bird area or migration corridor, National Wetland Inventory Wetland, historic site or lake, dam, ponds or public water supply sources.

L. Minimum Lot Size. A major energy solar system shall require a minimum lot size of not less than 20 acres.

M. Parking. If the solar energy system site is fully automated, adequate parking shall be required for maintenance workers. If the site is not automated, the number of required parking spaces shall be equal to the number of people on the largest shift plus overflow spaces equal to 20% of the required spaces based on the number of employees, but not less than two parking spaces.

N. Licenses; Other Regulations. The applicant shall demonstrate that the required permits and licenses from the Federal Energy Regulatory Commission, the Pennsylvania Department of Environmental Protection, the Pennsylvania Public Utility Commission, and other agencies have been obtained. The applicant shall also document compliance with all applicable state and federal regulations by providing to the Borough copies of all required documents, studies, and responses (e.g., National Environmental Policy Act, Pennsylvania Natural Diversity Inventory submission, Pennsylvania Historical and Museum Commission compliance, United States Fish and Wildlife Service, the Department of Conservation and Natural Resources and the Pennsylvania Game Commission).

O. Liability Insurance. The applicant for a major energy system shall submit a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the solar energy system. The applicant shall provide the Borough with proof of annual renewal prior to expiration.

P. Landscaping. Existing vegetation on and around the site shall be preserved to the greatest extent possible without restricting solar access.

Q. Soil Erosion and Sedimentation Control; Stormwater Management. If applicable, all earth disturbances shall comply with the soil erosion and sedimentation control requirements of the Luzerne Conservation District and the Pennsylvania Department of Environmental Protection; and no approval shall be granted under this chapter until applicant provides a copy of the approved soil erosion and sedimentation control plan and any required permits. A stormwater management plan and stormwater management facilities shall be provided for all major energy systems in accord with the Borough's current stormwater management requirements.[9]

[9] Editor's Note: See Ch. 23, Stormwater Management.

R. Fire Control/Local Emergency Services.

(1) The applicant shall provide a project summary and fire control site plan including details about any fire suppression system proposed for any major energy system or structure. The plan shall be provided to the applicable fire company for review and comment.

(2) Upon request, the applicant shall cooperate with emergency services to develop and coordinate implementation of an emergency response plan for the major energy system.

S. Solar Access. A property owner who has installed or intends to install a solar collection system shall be responsible for negotiating with other property owners in the vicinity for any necessary solar easement and shall record the easement with the Office of Luzerne County Recorder of Deeds.

T. Compatibility With Other Ordinance Requirements. Approvals issued pursuant to this chapter do not relieve the applicant of the responsibility to secure required permits or approvals for activities regulated by any other applicable code, rule, act or ordinance.

41. Trucking Facilities, Including Repair and Storage. The minimum lot size shall not be less than four acres. Access drives shall be sufficient in width to accommodate the use, but in no event exceed 25 feet in width. Access drives must connect to a public street. Where the operation abuts a zoning district where residences are a principal permitted use, or where an existing residential dwelling unit is located, a solid wall or substantial, attractive fence not less than eight feet in height shall be constructed and maintained in good condition along such boundary line, and a buffer yard of not less than 300 feet in width must be landscaped, and maintained in good condition. No parking, loading, idling, storage of any kind, or trucking use shall be allowed within the buffer yard. All truck idling in excess of 15 minutes shall be prohibited.

42. Warehouse and Distribution Facilities. All materials shall be stored within a completely enclosed building and outdoor storage of any kind is prohibited. Access drives shall be sufficient in width to accommodate the use, but in no event shall any access drive exceed 25 feet in width. No activities including off-street parking shall be allowed within 150 feet of a property line abutting a district having residences as a principal permitted use. All truck idling in excess of 15 minutes shall be prohibited.

43. Energy Conversion Systems: Wind Energy Facility.

A. Information to be Submitted. The applicant for a wind energy facility shall be required to submit the following information:

(1) The applicant and landowner's name and contact information.

(2) The tax map numbers, existing use and acreage of the site parcels on which it is to be located.

(3) A narrative describing the proposed wind energy facility, including an overview of the project; the project location; the generating capacity of the wind energy facility; the number, representative types and height of all wind turbines to be constructed, including their generating capacity, dimensions and respective manufacturers, and a description of ancillary facilities.

(4) A site plan sealed by a professional land surveyor at a scale not greater than one inch equals 100 feet which includes but may not be limited to identification of the properties on which the proposed wind energy facility will be located with the name and mailing address of the owners of record, the properties adjacent to where the wind energy facility will be located with the name and mailing address of the owners of record, the proposed location of each wind turbine within the wind energy facility, property lines, setback lines, access roads, substations, electrical cabling from each wind turbine within the wind energy facility to the substations, ancillary equipment, buildings, and structures, including permanent meteorological towers.

(5) A survey drawing at an appropriate and legible scale showing the proposed location of the wind energy facility (including access roads) as it relates to the boundaries of the parcel, adjacent ownerships and existing residences, schools, churches, hospitals, libraries, federal, state, county or local parks, and recognized historic or heritage sites within a distance of 2,000 feet or less from any property boundary.

(6) As applicable, copies of all proposed leases required to be secured by the applicant shall be provided, if the applicant is not the sole owner of the parcel or parcels on which the wind energy facility is proposed to be constructed. Boundaries of said leases shall be clearly illustrated upon the site plan.

(7) Standard drawings of proposed wind turbine structures, including the tower, base and footings.

(8) Documentation that all proposed wind turbines conform to applicable industry standards, including compliance with the Pennsylvania Uniform Construction Code (UCC), and the regulations adopted by the Department of Labor and Industry. All wiring shall comply with the applicable version of the National Electric Code (NEC). The design of the wind energy facility shall conform to applicable industry standards, including those of the American National Standards Institute.

(9) The applicant shall submit certificates of design compliance obtained by the equipment manufacturers from Underwriters Laboratories, Det Norske Veritas, Germanishcer Llloyd Wind Energies, or other similar certifying organizations certified by an engineer registered in the Commonwealth of Pennsylvania.

(10) A completed environmental impact statement, otherwise required for a conditional use, under § 27-705 of this chapter shall be provided.

(11) The applicant shall provide to the Borough Council three-dimensional graphic photographs that accurately portray the visual impact of the proposed wind farm and each individual wind turbine within that wind farm from various vantage points selected by the Borough Council, such as, but not limited to, residential developments, roads and recreation areas. This graphic information shall be provided in the form of photographs or computer-generated images with the wind turbines superimposed, as may be required by the Borough Council. The Borough Council shall also require the applicant to conduct a balloon test to confirm the visual impact.

B. Approval Standards. A wind energy facility shall in addition to all other applicable criteria and requirements of this chapter comply with the following:

(1) The minimum distance between the ground and any part of the rotor blade system shall be 100 feet.

(2) To limit unauthorized access, a fence eight feet high with a locking portal shall be placed around the base of the tower of a wind turbine. Also, all access doors to wind turbines and electrical equipment shall be locked to prevent entry by nonauthorized persons. A sign shall be posted on the entry area of the fence around each wind turbine or group of towers and any building, containing emergency contact information, including a telephone number with twenty-four-hour, seven-days-a-week coverage.

(3) A clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations. Visible, reflective, color objects, such as flags, reflectors, or tape shall be placed on the anchor points of guy wires and along the guy wires up to a height of 10 feet from the ground.

(4) Wind turbines shall not be climbable up to 15 feet above the average grade of the ground surface. Tower-climbing apparatus shall be located no closer than 15 feet from the ground and a locked anticlimb device shall be installed on the tower.

(5) No signs or lights shall be mounted on any wind turbine except as may be required by this chapter, the Federal Aviation Administration, or other governmental agency which has jurisdiction. No wind turbine shall be artificially lighted, except as required by the Federal Aviation Administration or for security purposes approved as part of the zoning permit. No approved security light source shall be exposed to the eye except those covered by globes or diffusers so that the lights are fully shielded to project the light below the horizontal plane of the lowest point of the fixture. Other lighting shall be indirect or surrounded by a shade to hide visibility of the light source. No direct or sky-reflected glare, whether from overhead lighting or floodlights, shall be permitted. The applicant shall provide a copy of the response to Notice of Proposed Construction or Alteration forms submitted to the FAA and PA DOT Bureau of Aviation; and the wind energy facility and support structures shall comply with all Federal Aviation Administration (FAA) and the Pennsylvania Department of Transportation (PA DOT) requirements.

(6) All wind turbines shall have an automatic braking, governing or feathering system to prevent uncontrolled rotation, overspeeding and excessive pressure on the tower structure, rotor blades and turbine components. Mechanical brakes shall be operated in a fail-safe mode. Stall regulation shall not be considered a sufficient braking system for overspeed protection.

(7) All power transmission lines from a wind turbine to on-site substations shall be underground.

(8) The applicant shall submit a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the wind energy facility and all its facilities. The applicant shall provide the Borough with proof of annual renewal prior to expiration.

C. Siting and Installation. A wind energy facility shall:

(1) Combine transmission lines and points of connection to local distribution lines.

(2) Connect the facility to existing substations, or if new substations are needed, minimize the number of new substations.

(3) All wiring between wind turbines and the wind energy facility substation shall be underground.

(4) The wind power generation facility, if interconnected to a utility system, shall meet the requirements for interconnection and operation as set forth in the electric utility's then-current service regulations applicable to wind power generation facilities and shall provide evidence of a signed interconnection agreement, or letter of intent, with the interconnecting utility company.

D. Land Area Requirements and Setbacks.

(1) A wind energy facility shall require a minimum lot size of not less than 50 acres, with a minimum lot width of 660 feet and a minimum lot depth of 660 feet.

(2) If the parcel on which the wind energy facility is located is a separate and distinct parcel, no wind turbine shall be located closer to any property line than 1,500 feet as measured from the center of the foundation of a wind turbine. The setback for equipment containers, other accessory structures, and any guy wire anchors shall be a minimum of 500 feet from any property line.

(3) If the land on which a wind energy facility is leased, or is used by license or easement, no wind turbine shall be located closer to any line of lease, license or easement than 1,500 feet as measured from the center of the foundation of a wind turbine. The setback distance for equipment containers, other accessory structures, and guy wire anchors shall be a minimum of 500 feet from the line of lease, license or easement. If the land to construct a wind energy facility is to be leased, a subdivision plan must be submitted to and approved by the Borough creating the new parcel to be leased prior to granting approval.

(4) No wind turbine within a wind energy facility shall be located less than 1,500 feet to any public road as measured from the center of the foundation of a wind turbine to the outer edge the public right-of-way.

(5) Each wind turbine shall be set back from the nearest aboveground public electric power line or telephone line a distance no less than 1.1 times its total height, as measured from the center of the foundation of a wind turbine to an existing power line or telephone line.

E. Nuisance Issues.

(1) All wind turbines shall be located so that the level of noise produced by wind turbine operation shall not exceed 55 dBA, measured at all points of the site's property line. Methods for measuring and reporting acoustic emissions from wind turbines and the wind energy facility shall be equal to or exceed the minimum standards for precision described in AWEA Standard 2.1-1989 titled "Procedures for the Measurement and Reporting of Acoustic Emissions from Wind Turbine Generation Systems Volume I: First Tier."

(2) The applicant shall document that the radio, television, telephone or reception of similar signals from nearby properties will not be disturbed or diminished by the installation of any wind turbine.

(3) No vibration associated with the operation of a wind turbine shall be permitted which is detectable without instruments at or beyond the property line; and no use shall generate any vibration which is capable of causing damage to buildings, structures, equipment alignment, or structural soundness.

(4) The applicant shall make reasonable efforts in siting proposed locations of wind turbines to minimize shadow flicker to any off-site building.

(5) The applicant shall provide to the Borough Council a plan for how complaints about noise, communications interference and vibration will be addressed by the operator of a wind turbine.

F. Environmental and Visual.

(1) No wind turbine shall be located less than 1,000 feet from any important bird area or migration corridor, National Wetland Inventory Wetland, historic site or lake, dam, stream, creek, ponds or public water supply sources or waterways. These areas shall be defined or designated by the Pennsylvania Department of Environmental Protection and/or as depicted on U.S.G.S. mapping.

(2) Wind energy facilities shall not be used for displaying any advertising except for reasonable identification of the manufacturer or operator of the wind energy facility.

(3) The design of the wind turbines buildings and related structures shall, to the extent reasonably possible, use materials, colors, textures, screening and landscaping that will blend the facility into the natural setting and existing environment.

(4) Where wind characteristics permit, wind turbines shall be set back from the tops of visually prominent ridgelines.

(5) The maximum turbine height, as so defined in this chapter, shall not exceed 450 feet.

(6) Wind turbines shall be designed and located to minimize adverse visual impacts from neighboring residential areas to the greatest extent feasible.

(7) Wind turbines shall be designed to avoid, to the extent practicable, the creation of artificial habitat for raptors or raptor prey, such as: a) electrical equipment boxes on or near the ground that can provide shelter and warmth; b) horizontal perching opportunities on the towers or related structures; or c) soil where weeds can accumulate.

(8) A wind energy facility shall provide conclusive documentation that the location and operation of the proposed facility will not adversely affect the wildlife habitat, including but not limited to bats and birds of the region and associated migration routes. Comments from any state and/or federal agency having a jurisdictional review or stewardship over the protection of wildlife shall be required.

G. Traffic.

(1) Access to a wind energy facility shall be provided by means of a public street or easement to a public street. All access easements shall be a minimum of 25 feet in width and shall be improved to a width of not less than 12 feet with an improved, durable, dust-free, all-weather surface. No access easement shall exceed a grade of 15% unless it can be proven to the Borough Engineer that an unsafe situation is not being proposed, the road surface can be properly maintained by the applicant and emergency vehicles can negotiate the excessive slopes.

(2) The applicant shall identify all state, county and Borough roads to be used within Dennison Borough intended for use to transport equipment and parts for construction, operation or maintenance of the wind energy facility.

(3) The applicant is responsible for remediation of damaged roads upon completion of the installation or maintenance of a wind energy facility. A bond, letter of credit or other financial guarantee shall be posted by the applicant in an amount, determined by the Borough Engineer to be fair, reasonable and sufficient to compensate the Borough for any damage to Borough roads.

(4) The Borough shall hire a licensed professional engineer to document the condition of Borough roads prior to the start of construction. The engineer shall document the road conditions again within 30 days from the completion of construction or as weather permits. Completion of construction shall be deemed to be the date on which final approval/land development approval is granted by the Borough Council. The applicant shall be responsible to reimburse the Borough for the subject engineering fees.

(5) If the wind farm site is fully automated, adequate parking shall be required for maintenance workers. If the site is not automated, the number of required parking spaces shall be equal to the number of people on the largest shift plus overflow spaces equal to 20% of the required spaces based on the employees but not less than two parking spaces.

H. Decommissioning and Restoration Requirements. The owner or operator of a wind energy facility or the landowner shall complete decommissioning within 12 months after the end of the useful life of a wind energy facility. Each wind turbine will be presumed to be at the end of its useful life if no electricity is generated for a continuous period of 12 months. All decommissioning expenses shall be the responsibility of the owner, operator or landowner and shall be so identified in writing as part of the approval process for any a wind energy facility. Decommissioning shall include the removal of each wind turbine, buildings, electrical components, and roads to a depth of 60 inches, as well as any other associated facilities. Any foundation shall be removed to a minimum depth of 60 inches below grade, or to the level of the bedrock if less than 60 inches below grade. Following removal, the location of any remaining wind turbine foundation shall be identified on a map as such and recorded with the deed to the property with the County Register of Deeds. All access roads to the wind turbine shall be removed, cleared, and graded by the owner, operator, or landowner unless the landowner requests, in writing, a desire to maintain the access road. The Borough will not be assumed to take ownership of any access road unless through official action of the Borough Council. The site and any disturbed earth shall be stabilized, graded, and cleared of any debris by the owner, operator or landowner. An independent and certified professional engineer shall be retained by the Borough to estimate the total cost of decommissioning ("decommissioning costs") with no regard to salvage value of the equipment, and the cost of decommissioning net salvage value of the equipment ("net decommission costs"). When determining this amount, the Borough may also require an annual escalator or increase based on the Federal Consumer Price Index (or equivalent or its successor). Said estimates shall be submitted to the Borough Zoning Officer after the first year of operation and every fifth year thereafter. The owner or operator shall post and maintain decommissioning funds in an amount equal to or greater than net decommissioning costs; provided that at no point shall decommissioning funds be less than 100% of decommissioning costs. The decommissioning funds shall be posted and maintained with a bonding company or federal or state chartered lending institution chosen by the owner or operator posting the financial security. The bonding company or lending institution must be authorized to conduct such business and be approved by the Borough.

44. Energy Conversion Systems: Small Wind Energy Conversion System (Standalone Noncommercial Windmill).

A. Design and Installation.

(1) Design Safety Certification. The design of a small WECS shall conform to applicable industry standards, including those of the American National Standards Institute. The applicant shall submit certificates of design compliance obtained by the equipment manufacturers from Underwriters Laboratories, Det Norske Veritas, Germanishcer Lloyd Wind Energies, or other similar certifying organizations.

(2) All components of a small WECS shall be designed and constructed to be in compliance with pertinent provisions of the Pennsylvania Uniform Construction Code.[10]

[10] Editor's Note: See 34 Pa. Code, Chapters 401 through 405, as amended.

(3) Controls and Brakes. A small WECS shall be equipped with a redundant braking system. This includes both aerodynamic overspeed controls (including variable pitch, tip, and other similar systems) and mechanical brakes. Mechanical brakes shall be operated in a failsafe mode. Stall regulation shall not be considered a sufficient braking system for overspeed protection.

(4) Electrical Components.

(a) All electrical components of a small WECS shall conform to relevant and applicable local, state, and national codes, and relevant and applicable international standards.

(b) The maximum turbine power output shall be limited to 10 KW.

(c) All on-site electrical wiring associated with the system shall be installed underground except for "tie-ins" to a public utility company and public utility company transmission poles, towers and lines.

(d) A small WECS shall not cause disruption or loss of radio, telephone, television or similar signals, and shall be required to mitigate any harm caused by the operation of the system.

(e) At least one sign shall be posted on the tower at a height of five feet warning of electrical shock or high voltage and harm from revolving machinery. No brand names, logo or advertising shall be placed or painted on the tower, rotor, or generator where it would be visible from the ground, except that a system or tower's manufacturer's logo may be displayed on a system generator housing in an unobtrusive manner.

(f) Anchor points for any guy wires for a small WECS shall be located within the property that the system is located on and not on or across any aboveground electric transmission or distribution lines. The point of attachment for the guy wires shall be enclosed by a fence six feet high or sheathed in bright orange or yellow covering from three to eight feet above the ground.

B. Visual Appearance.

(1) Exterior lighting on any structure associated with the system shall not be allowed except that which is specifically required by the Federal Aviation Administration.

(2) A small WECS's tower and blades shall be painted a nonreflective, unobtrusive color that blends the system and its components into the surrounding landscape to the greatest extent possible and incorporate nonreflective surfaces to minimize any visual disruption.

(3) A small WECS shall be designed and located in such a manner to minimize adverse visual impacts from public viewing areas (e.g., public parks, roads, trails). To the greatest extent feasible, the system:

(a) Shall not project above the top of ridgelines.

(b) Shall be screened to the maximum extent feasible by natural vegetation or other means to minimize potentially significant adverse visual impacts on neighboring residential areas.

C. Lot Size, Setback and Height Requirements.

(1) A small freestanding WECS shall be located on a lot with a minimum size of not less than two acres.

(2) Turbine Height.

(a) The maximum turbine height for a small WECS that is installed as a freestanding structure shall be as follows:

1) Sixty-five feet on parcels between two and five acres.

2) Eighty feet on parcels of five or more acres.

(b) A roof-mounted system shall not extend more than 10 feet above the structure or building on which it is mounted and shall not be subject to the a minimum lot size otherwise applicable to a freestanding structure.

(3) Setback Requirements. A small WECS that is installed as a freestanding structure shall not be located closer to a property line than 2.5 times the turbine height as measured from the center of the base and/or concrete pad to which it is attached.

(4) Only one small WECS per legal lot shall be allowed.

D. Climb Prevention/Locks.

(1) Towers shall be constructed to provide one of the following means of access control or other appropriate method of access:

(a) Tower-climbing apparatus located no closer than 15 feet from the ground.

(b) A locked anticlimb device installed on the tower.

(2) A locked, protective fence at least six feet in height shall enclose the tower and electrical equipment to prevent entry by nonauthorized persons.

E. Nuisance Issues.

(1) Audible sound from a small WECS shall not exceed 50 dBA, as measured at the perimeter of any property boundary line upon the property which it is located. Methods for measuring and reporting acoustic emissions from the operations of a small WECS shall be equal to or exceed the minimum standards for precision described in AWEA Standard 2.1 - 1989 titled "Procedures for the Measurement and Reporting of the Acoustic Emissions from Wind Turbine Generation Systems Volume I: First Tier."

(2) Reasonable efforts shall be made to preclude shadow flicker to any building off site located upon a property not owned by the owner of the small WECS.

F. Abandonment. A small WECS which is not used for 12 successive months shall be deemed abandoned and shall be dismantled and removed from the property by and at the expense of the property owner.

45. Wireless Communication Uses.

A. General Requirements for All Wireless Communications Facilities.

(1) The follow regulations shall apply to all wireless communications facilities.

(a) Standard of Care. Any WCF shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including, but not limited to, the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, National Electrical Code, as well as the accepted and responsible workmanlike industry practices of the National Association of Tower Erectors, where applicable. Any WCF shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Borough.

(b) Additional Documentation. As part of the application for any WCF requiring conditional use approval, the applicant shall:

1) Submit a completed Borough-supplied checklist to ensure the completeness of the WCF application. All items delineated on the checklist will be required to be submitted with the application. The Borough Zoning Officer may review all elements of the application and checklist with the applicant prior to formal submission.

2) Execute a valid contract for professional services with the Borough to allow for review and processing of the WCF application. Such contract for professional services shall also allow for recovery of expenses incurred by the Borough in its review of the WCF application.

(c) Wind and Ice. All WCF structures shall be designed to withstand the effects of wind gusts and ice to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSI/EIA/TIA-222, as amended).

(d) Aviation Safety. All WCF shall comply with all federal and state laws and regulations concerning aviation safety.

(e) Public Safety Communications. WCF shall not interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.

(f) Indemnification. Each person that owns or operates a WCF shall, at its sole cost and expense, indemnify, defend and hold harmless the Borough, its elected and appointed officials, employees and agents, at all times against any and all claims for personal injury, including death, and property damage arising in whole or in part from, caused by or connected with any act or omission of the person, its officers, agents, employees or contractors arising out of, but not limited to, the construction, installation, operation, maintenance or removal of the WCF. Each person that owns or operates a WCF shall defend any actions or proceedings against the Borough in which it is claimed that personal injury, including death, or property damage was caused by the construction, installation, operation, maintenance or removal of a WCF. The obligation to indemnify, hold harmless and defend shall include, but not be limited to, the obligation to pay judgments, injuries, liabilities, damages, reasonable attorneys' fees, reasonable expert fees, court costs and all other costs of indemnification.

(g) Financial Security. Prior to receipt of a zoning permit for the construction or placement of a WCF, the WCF applicant shall provide to the Borough financial security sufficient to guarantee the removal of the WCF. Said financial security shall remain in place until the WCF is removed.

(h) Maintenance. To the extent permitted by law, the following maintenance requirements shall apply:

1) The WCF shall be fully automated and unattended daily and shall be visited only for maintenance or emergency repair.

2) Such maintenance shall be performed to ensure the upkeep of the facility to promote the safety and security of the Borough's residents.

3) All maintenance activities shall utilize nothing less than the best available technology for preventing failures and accidents.

(i) Inspection. The Borough reserves the right to inspect any WCF to ensure compliance with the provisions of the Zoning Ordinance and any other provisions found within the Borough Code or state or federal law. The Borough and/or its agents shall have the authority to enter the property upon which a WCF is located at any time, upon reasonable notice to the operator, to ensure such compliance.

(j) Historic Buildings. No WCF may be located upon any property, or on a building or structure that is listed on either the National or Pennsylvania Registers of Historic Places or is listed on the official historic structures and/or historic districts list maintained by the Borough or has been designated by the Borough to be of historical significance.

(k) Time, Place and Manner. The Borough shall determine the time, place and manner of construction, maintenance, repair and/or removal of all WCF in the ROW based on public safety, traffic management, physical burden on the ROW, and related considerations. For public utilities, the time, place and manner requirements shall be consistent with the police powers of the Borough and the requirements of the Public Utility Code.

(l) Equipment Location. WCF and accessory equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to otherwise create safety hazards to pedestrians and/or motorists or to otherwise inconvenience public use of the ROW as determined by the Borough. In addition:

1) In no case shall ground-mounted accessory equipment, walls, or landscaping be located within 24 inches of the face of the curb.

2) Ground-mounted accessory equipment that cannot be placed underground shall be screened, to the fullest extent possible, using landscaping or other decorative features to the satisfaction of the Borough.

3) Required electrical meter cabinets shall be screened to blend in with the surrounding area to the satisfaction of the Borough.

4) Any graffiti on the tower or on any accessory equipment shall be removed at the sole expense of the owner.

5) Any underground vaults related to WCFs shall be reviewed and approved by the Borough.

(m) Relocation or Removal of Facilities. Within 60 days following written notice from the Borough, or such longer period as the Borough determines is reasonably necessary or such shorter period in the case of an emergency, an owner of a WCF in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any WCF when the Borough, consistent with its police powers and applicable Public Utility Commission regulations, shall determine that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:

1) The construction, repair, maintenance or installation of any Borough or other public improvement in the right-of-way;

2) The operations of the Borough or other governmental entity in the right-of-way;

3) Vacation of a street or road or the release of a utility easement; or

4) An emergency as determined by the Borough.

B. General and Specific Requirements for Non-Tower Wireless Communications Facilities.

(1) The following regulations shall apply to all non-tower WCF:

(a) Non-tower WCF are permitted in all zones, excluding residential districts, subject to the restrictions and conditions prescribed below and subject to applicable permitting by the Borough.

(b) Noncommercial Usage Exemption. Borough residents utilizing satellite dishes, citizen and/or band radios, and antennae for maintaining television, phone, and/or internet connections at their respective residences shall be exempt from the regulations enumerated in this section.

(c) Nonconforming Wireless Support Structures. Non-tower WCF shall be permitted to co-locate upon nonconforming tower-based WCF and other nonconforming structures. Co-location of WCF upon existing tower-based WCF is encouraged even if the tower-based WCF is nonconforming as to use within a zoning district.

(d) Removal. If use of a non-tower WCF is discontinued, the owner shall provide written notice to the Borough of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned WCF, or portions of WCF, shall be removed as follows:

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

2) If the WCF or accessory facility is not removed within two months of the cessation of operations at a site, or within any longer period approved by the Borough, the WCF and/or associated facilities and equipment may be removed by the Borough and the cost of removal assessed against the owner of the WCF.

(e) Insurance. Each person that owns or operates a non-tower WCF shall provide the Borough with a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the non-tower WCF.

(2) The following regulations shall apply to all co-located non-tower WCF that do not substantially change the physical dimensions of the wireless support structure to which they are attached, and/or fall under the Pennsylvania Wireless Broadband Collocation Act:[11]

(a) Building Permit Required. WCF applicants proposing the modification of an existing tower-based WCF shall obtain a building permit from the Borough. To be considered for such building permit, the WCF applicant must submit an application to the Borough in accordance with applicable permit policies and procedures.

(b) Timing of approval for applications that fall under the WBCA. Within 30 calendar days of the date that an application for a non-tower WCF is filed with the Borough, the Borough shall notify the WCF applicant in writing of any information that may be required to complete such application. Within 60 calendar days of receipt of a complete application, the Borough shall make its final decision on whether to approve the application and shall advise the WCF applicant in writing of such decision. If additional information was requested by the Borough to complete an application, the time required by the WCF applicant to provide the information shall not be counted toward the Borough's sixty-day review period.

(c) Accessory Equipment. Ground-mounted accessory equipment greater than three cubic feet shall not be located within 50 feet of a lot in residential use or zoned residential.

[11] Editor's Note: See 53 P.S. § 11702.1 et seq.

(3) The following regulations shall apply to all non-tower WCF that do substantially change the wireless support structure to which they are attached, or that otherwise do not fall under the Pennsylvania Wireless Broadband Collocation Act:[12]

(a) Prohibited on Certain Structures. No non-tower WCF shall be located on traffic signals, single-family detached residences, single-family attached residences, two-family residences, or any residential accessory structure.

(b) Conditional Use Authorization Required. Any WCF applicant proposing the construction of a new non-tower WCF, or the modification of an existing non-tower WCF, shall first obtain a conditional use authorization from the Borough. The conditional use application shall demonstrate that the proposed facility complies with all applicable provisions in the Forty Fort Borough Zoning Ordinance.

(c) Development Regulations. Non-tower WCF shall be co-located on existing wireless support structures, such as existing buildings or tower-based WCF, subject to the following conditions:

1) The total height of any wireless support structure and mounted WCF shall not exceed 20 feet above the maximum height permitted in the underlying zoning district.

2) In accordance with industry standards, all non-tower WCF applicants must submit documentation to the Borough justifying the total height of the non-tower WCF. Such documentation shall be analyzed on an individual basis.

3) If the WCF applicant proposes to locate the accessory equipment in a separate building, the building shall comply with the requirements of the applicable zoning district.

4) A security fence of not less than six feet and not more than eight feet shall surround any separate communications equipment building. The top of such security fence may have barbed wire attached to it. Vehicular access to the communications equipment building shall not interfere with the parking or vehicular circulations on the site for the principal use.

(d) Design Regulations. Non-tower WCF shall employ stealth technology and be treated to match the wireless support structure to minimize aesthetic impact. The application of the stealth technology chosen by the WCF applicant shall be subject to the approval of the Borough.

(e) Removal, Replacement and Modification.

1) The removal and replacement of non-tower WCF and/or accessory equipment for the purpose of upgrading or repairing the WCF is permitted, so long as such repair or upgrade does not substantially change the overall size of the WCF or the number of antennae.

2) Any material modification to a WCF shall require notice to be provided to the Borough, and possible supplemental permit approval to the original permit or authorization.

[12] Editor's Note: See 53 P.S. § 11702.1 et seq.

C. Regulations Applicable to All Non-Tower WCF Located in the Public Rights-of-Way. In addition to all other applicable non-tower WCF provisions listed the following regulations shall apply to non-tower WCF located in the public rights-of-way:

(1) Location. Non-tower WCF in the ROW shall be located or co-located on existing poles, such as existing utility poles, light poles, or other available infrastructure. If co-location is not technologically feasible, the WCF applicant shall locate its non-tower WCF on existing poles or freestanding structures that do not already act as wireless support structures with the Borough's approval. The WCF applicant shall provide the Borough with copies of any agreements from owners of poles or other support structures authorizing the use/occupancy of such structures.

(2) Design Requirements.

(a) WCF installations located above the surface grade in the public ROW including, but not limited to, those on streetlights and joint utility poles, shall consist of equipment components that are no more than six feet in height and proportionate to the structures upon which they are mounted as determined by the Borough Council. All equipment shall be the smallest and least visibly intrusive equipment feasible.

(b) Antenna and accessory equipment shall be treated to match the supporting structure and may be required to be painted, or otherwise coated, to be visually compatible with the support structure upon which they are mounted.

D. General and Specific Requirements for All Tower-Based Wireless Communications Facilities.

(1) The following regulations shall apply to all tower-based wireless communications facilities.

(a) Notice. Upon submission of an application for a tower-based WCF and the scheduling of the public hearing upon the application, the WCF applicant shall mail notice to all owners of every property within 1,000 feet of the proposed facility. The WCF applicant shall provide proof of the notification to the Borough.

(b) Conditional Use Authorization Required. Tower-based WCF are permitted in the C-OP and I-1 Districts by conditional use and at a height necessary to satisfy their function in the WCF applicant's wireless communications system. No WCF applicant shall have the right under these regulations to erect a tower to the maximum height specified in this section unless it proves the necessity for such height. The WCF applicant shall demonstrate that the antenna/tower/pole for the tower-based WCF is the minimum height necessary for the service area.

1) Prior to the Borough Council's approval of a conditional use authorizing the construction and installation of tower-based WCF, it shall be incumbent upon the WCF applicant for such conditional use approval to prove to the reasonable satisfaction of the Borough Council that the WCF applicant cannot adequately extend or infill its communications system using alternative equipment installed on existing structures. The WCF applicant shall further demonstrate that the proposed tower-based WCF must be located where it is proposed to serve the WCF applicant's service area and that no other viable alternative location exists.

2) The conditional use application shall be accompanied by a propagation study evidencing the need for the proposed tower or other communication facilities and equipment, a description of the type and manufacturer of the proposed transmission/radio equipment, the frequency range (megahertz band) assigned to the WCF applicant, the power in watts at which the WCF applicant transmits, and any relevant related tests conducted by the WCF applicant in determining the need for the proposed site and installation.

3) Where the tower-based WCF is located on a property with another principal use, the WCF applicant shall present documentation to the Borough Council that the owner of the property has granted an easement for the proposed WCF and that vehicular access will be provided to the facility.

4) The conditional use application shall also be accompanied by documentation demonstrating that the proposed tower-based WCF complies with all applicable provisions the Forty Fort Borough Zoning Ordinance.

(c) Engineer Inspection. Prior to the Borough's issuance of a permit authorizing construction and erection of a tower-based WCF, an engineer or engineers registered in Pennsylvania shall issue to the Borough a signed, written certification of the proposed WCF's ability to meet the structural standards offered by either the Electronic Industries Association or the Telecommunication Industry Association. In addition, the permitee's engineer shall issue to the Borough a signed, written certification of the proper construction of the foundation and the erection of the structure upon completion of the tower-based WCF.

(d) Visual Appearance and Land Use Compatibility. Tower-based WCF shall employ stealth technology which may include the tower portion to be painted a nonspecular, medium gray color or another color approved by the Borough Council or shall have a galvanized finish. All tower-based WCF and accessory equipment shall be aesthetically and architecturally compatible with the surrounding environment and shall maximize the use of a like facade to blend with the existing surroundings and neighboring buildings to the greatest extent possible.

(e) Co-Location and Siting. An application for a new tower-based WCF shall demonstrate that the proposed tower-based WCF cannot be accommodated on an existing or approved structure or building or sited on land owned and maintained by the Borough. The WCF applicant shall demonstrate that it contacted the owners of tall structures, buildings, and towers within a 1/2 of a mile radius of the site proposed, sought permission to install an antenna on those structures, buildings, and towers and was denied for one of the following reasons:

1) The proposed antenna and accessory equipment would exceed the structural capacity of the existing building, structure or tower, and its reinforcement cannot be accomplished at a reasonable cost.

2) The proposed antenna and accessory equipment would cause radio frequency interference with other existing equipment for that existing building, structure, or tower and the interference cannot be prevented at a reasonable cost.

3) Such existing buildings, structures, or towers do not have adequate location, space, access, or height to accommodate the proposed equipment or to allow it to perform its intended function.

4) In the opinion of the Borough Council, a commercially reasonable agreement could not be reached with the owner of such building, structure, or tower.

(f) Visual Impact Analysis. A visual impact analysis shall be done for all tower-based WCF and shall accomplish the following:

1) Delineate the viewsheds from the structure's location on a 7.5-minute topographic map as required for the type of use. Indicate the location of all public use areas on this map.

2) Delineate line-of-sight profile transects every 15° or less on the above map. Additional transects may be necessary where there is a concentration of public use areas.

3) Prepare separate and scaled line-of-sight profiles for each transect. These profiles should be drawn on graph paper at a scale of one inch equals 1,000 feet (horizontal) and one inch equals 100 feet (vertical), depicting both existing topography, public use areas and the overall height of the proposed structure.

4) Delineate by shading all areas on the map within a five-mile radius of the proposed structure where it could be visible based on topography alone using the line-of-sight profiles.

5) Assess the nature and extent of the structure's actual visibility from each identified public use area. This step is to include identification of any screening of the structure provided by intervening vegetation, buildings, etc. A brightly colored balloon or collection of balloons may be the best target for this step; other permitted targets include a tarp, scaffolding or a crane.

6) Delineate by contrasting on the map all public use areas and portions of these areas from where the structure will be visible. Provide a description of the structure's visibility in terms of what will be seen, distance from the structure to the viewing point, the location, type and height of intervening vegetation and, for roads and trails, the duration of view to the traveling public. Also, provide representative high-quality photographs from each such area keyed to the map and superimposing the approximate configuration of the structure and denoting the location of the target. Provide separate representative line-of-sight profiles of actual visibility from each such area depicting the structure, existing topography and heights of intervening vegetation.

(g) Permit Required for Modifications. To the extent permissible under applicable state and federal law, any WCF applicant proposing the modification of an existing tower-based WCF, which increases the overall height of such WCF, shall first obtain a permit from the Borough. To the extent permissible under law, nonroutine modifications shall be prohibited without a permit.

(h) Gap in Coverage. To be considered for approval, a WCF applicant for a tower-based WCF must demonstrate that a significant gap in wireless coverage or capacity exists in the applicable area and that the type of WCF being proposed is the least intrusive means by which to fill that gap in wireless coverage.

(i) Additional Antennae. As a condition of approval for all tower-based WCF, the WCF applicant shall provide the Borough with a written commitment that it will allow other service providers to co-locate antennae on tower-based WCF where technically and economically feasible.

(j) Height. Any tower-based WCF shall be designed at the minimum functional height. The maximum total height of a tower-based WCF, which is not located in the public ROW, shall not exceed 180 feet in the Commercial/Industrial District or 100 feet in the Open Space/Resource Conservation District, as measured vertically from the ground level to the highest point on the structure, including antennae and subsequent alterations.

(k) Accessory Equipment. Either one single-story wireless communications equipment building not exceeding 500 square feet in area or up to five metal cabinets placed on a single concrete pad not exceeding 10 feet by 20 feet in area housing the receiving and transmitting equipment may be located on the site for each unrelated company sharing commercial communications antenna(e) space on the tower-based wireless communications facility greater than 40 feet.

(l) Signs. All tower-based WCFs shall post a sign in a readily visible location identifying the name and phone number of a party to contact in the event of an emergency. The only other signage permitted on the WCF shall be those required by the FCC, or any other federal or state agency.

(m) Lighting. No tower-based WCF shall be artificially lighted, except as required by law. If lighting is required, the WCF applicant shall provide a detailed plan for sufficient lighting, demonstrating as unobtrusive and inoffensive an effect as is permissible under state and federal regulations. The WCF applicant shall promptly report any outage or malfunction of FAA-mandated lighting to the appropriate governmental authorities and to the Borough Manager.

(n) Timing of Approval. Within 30 calendar days of the date that an application for a tower-based WCF is filed with the Borough, the Borough shall notify the WCF applicant in writing of any information that may be required to complete such application. All applications for tower-based WCFs shall be acted upon within 150 days of the receipt of a fully completed application for the approval of such tower-based WCF and the Borough shall advise the WCF applicant in writing of its decision. If additional information was requested by the Borough to complete an application, the time required by the WCF applicant to provide the information shall not be counted toward the 150-day review period.

(o) Removal. If use of a tower-based WCF is planned to be discontinued, the owner shall provide written notice to the Borough of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned WCF or portions of WCF shall be removed as follows:

1) All unused or abandoned tower-based WCFs and accessory facilities shall be removed within 90 days of the cessation of operations at the site unless a time extension is approved by the Borough.

2) If the WCF and/or accessory facility is not removed within 90 days of the cessation of operations at a site, or within any longer period approved by the Borough, the WCF and accessory facilities and equipment may be removed by the Borough and the cost of removal assessed against the owner of the WCF.

3) Any unused portions of tower-based WCF, including antennae, shall be removed within 90 days of the time of cessation of operations. The Borough must approve all replacements of portions of a tower-based WCF previously removed.

(p) FCC License. Each person that owns or operates a tower-based WCF over 40 feet in height shall submit a copy of its current FCC license, including the name, address, and emergency telephone number for the operator of the facility.

(q) Insurance. Each person that owns or operates a tower-based WCF greater than 40 feet in height shall provide the Borough with a certificate of insurance evidencing general liability coverage in the minimum amount of $5,000,000 per occurrence and property damage coverage in the minimum amount of $5,000,000 per occurrence covering the tower-based WCF. Each person that owns or operates a tower-based WCF 40 feet or less in height shall provide the Borough with a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering each tower-based WCF.

(2) The following regulations shall apply to tower-based wireless communications facilities located outside the public rights-of-way:

(a) Development Regulations.

1) Tower-based WCF shall not be located in, or within 50 feet of an area in which utilities are primarily located underground.

2) Tower-based WCF are permitted outside the public rights-of-way in the following zoning districts by conditional use, subject to the above prohibition:

a) I-1 Industrial District.

b) C-OP Conservation/Open Space/District.

3) Sole Use on a Lot. A tower-based WCF shall be permitted as a sole use on a lot, provided that the underlying lot is a minimum of 6,000 square feet. The minimum distance between the base of a tower-based WCF and any adjoining property line or street right-of-way line shall equal 110% of the proposed WCF structure's height.

4) Combined With Another Use. A tower-based WCF may be permitted on a property with an existing use, or on a vacant parcel in combination with another use, except residential, subject to the following conditions:

a) The existing use on the property may be any permitted use in the applicable district and need not be affiliated with the WCF.

b) Minimum Lot Area. The minimum lot shall comply with the requirements for the applicable district and shall be the area needed to accommodate the tower-based WCF and guy wires, the equipment building, security fence, and buffer planting if the proposed WCF is greater than 40 feet in height.

c) Minimum Setbacks.

i. The foundation and base of any tower-based WCF to be located within a commercial/industrial district shall be set back a minimum of 100 feet or the height of the tower-based WCF, whichever is larger, from any adjoining property line (not lease line). The distance from any other structure shall be at least 110% of the height of the proposed tower-based WCF. No tower-based WCF shall be erected within 500 feet of the boundary line separating a residential district from a commercial/industrial district.

ii. The foundation and base of any tower-based WCF shall be set back a minimum of 500 feet from any adjoining property line (not lease line). The distance from any other structure shall be at least 110% of the height of the proposed tower-based WCF. No tower-based WCF shall be erected within 2,000 feet of the boundary line of a residential district.

d) No tower-based WCF shall be located within 1,000 feet of another tower.

(b) Design Regulations.

1) To the extent permissible by law, any height extensions to an existing tower-based WCF shall require prior approval of the Borough Council.

2) Any proposed tower-based WCF shall be designed structurally, electrically, and in all respects to accommodate both the WCF applicant's antennae and comparable antennae for future users.

3) Any tower-based WCF over 40 feet in height shall be equipped with an anticlimbing device, as approved by the manufacturer.

(c) Surrounding Environs.

1) Other than dead or dying vegetation, no vegetation may be cut or otherwise removed, other than that necessary to construct or operate the WCF, without the prior approval of the Borough. All areas disturbed to construct or operate the WCF shall be graded to conform to the existing topography and shall be planted with vegetation indigenous to the site, as required by the County Conservation District.

2) The WCF applicant shall submit a soil report to the Borough complying with the standards of Appendix I: Geotechnical Investigations, ANSI/EIA/TIA-222, as amended, to document and verify the design specifications of the foundation of the tower-based WCF, and anchors for guy wires, if used.

(d) Fence/Screen.

1) A security fence having a minimum height of six feet and a maximum height of eight feet shall surround any tower-based WCF greater than 40 feet in height, as well as guy wires, or any building housing WCF equipment.

2) Landscaping shall be required to screen as much of a newly constructed tower-based WCF as possible. Such landscaping shall be subject to the approval of the Borough Board of Supervisors.

(e) Accessory Equipment.

1) Ground-mounted accessory equipment associated, or connected, with a tower-based WCF shall be placed underground or screened from public view using stealth technologies, as described above.

2) All accessory equipment, utility buildings and accessory structures shall be architecturally designed to blend into the environment in which they are situated and shall meet the minimum setback requirements of the underlying zoning district.

(f) Access Road. An access road, turnaround space and parking shall be provided to ensure adequate emergency and service access to tower-based WCF. The access road shall be a minimum of 12 feet in width. Maximum use of existing roads, whether public or private, shall be made to the extent practicable. Road grades shall closely follow natural contours to assure minimal visual disturbance and minimize soil erosion. Where applicable, the WCF owner shall present documentation to the Borough that the property owner has granted an easement for the proposed facility.

(g) Parking. For each tower-based WCF greater than 40 feet in height, there shall be two off-street parking spaces.

(3) The following regulations shall apply to tower-based wireless communications facilities located in the public rights-of-way.

(a) Location and Development Standards.

1) Tower-based WCF 40 feet or shorter in height are prohibited in areas in which utilities are located underground.

2) Tower-based WCF 40 feet or shorter in height shall not be located in the front facade area of any structure.

(b) Design Regulations.

1) The WCF shall employ the most current stealth technology available. The application of the stealth technology chosen by the WCF applicant shall be subject to the approval of the Borough.

2) Tower-based WCF in the public ROW shall not exceed 40 feet in height.

3) To the extent permissible under state and federal law, any height extensions to an existing tower-based WCF shall require prior approval of the Borough and shall not increase the overall height of the tower-based WCF to more than 40 feet.

4) Any proposed tower-based WCF shall be designed structurally, electrically, and in all respects to accommodate both the WCF applicant's antennae and comparable antennae for future users.

(c) Reimbursement for ROW Use. In addition to permit fees as described in this section, every tower-based WCF in the ROW is subject to the Borough's right to fix annually a fair and reasonable fee to be paid for use and occupancy of the ROW. Such compensation for ROW use shall be directly related to the Borough's actual ROW management costs including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other ROW management activities by the Borough. The owner of each tower-based WCF shall pay an annual fee to the Borough to compensate the Borough for the Borough's costs incurred in connection with the activities described above.