Borough of Palmyra, PA Specific Criteria

Applicability. It is the intent of this article to provide special controls and regulations for particular uses that are permitted by right, special exception, or special exception within the various zones established in this chapter. All uses must comply with the standards expressed within the underlying zone and all other applicable sections of this chapter, unless those standards expressed within this article differ; in such case, the specific standards listed within this article shall apply. Proposals that combine uses permitted by this chapter shall comply with all applicable sets of criteria and their respective review processes.

Permitted uses. For uses permitted by right, these standards must be satisfied prior to approval of any application for a land development (when applicable) or a zoning permit. The applicant shall be required to demonstrate compliance with these standards and must furnish whatever evidence is necessary to demonstrate such compliance.

Special exception uses. For uses permitted by special exception, in addition to the general criteria listed in § 380-139B(2) of this chapter, this article sets forth standards that shall be applied to each respective special exception. These standards must be satisfied prior to approval of any application for a special exception by the Zoning Hearing Board. The applicant shall be required to demonstrate compliance with these standards and must furnish whatever evidence is necessary to demonstrate such compliance.

Setback measurements. For the purposes of this Article IV, any required setbacks imposed upon any use, building and/or structure, shall be measured from the boundary line of the site for which the proposed use, building and/or structure is requested, regardless of whether or not this line corresponds to a lot line or a lease line. Such boundary lines shall be determined by the applicant and depicted clearly on the application.

§ 380-48 Adult uses.

Within the (HI) Zone, adult uses are permitted by special exception, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter including but not limited to those general criteria contained within § 380-139B(2) and specifically as follows:

An adult use shall not be permitted to be located within 1,000 feet of any other adult-related use;

No adult use shall be located within 1,000 feet of any land within the (LDR, TR, MFR, MHP and MU) Zones;

No adult use shall be located within 1,000 feet of any parcel of land which contains any one or more of the following specified land uses:

(1)

Amusement park;

(2)

Camp (for minors' activity);

(3)

Child-care facility;

(4)

Church or other similar religious facility;

Community center;

Museum;

Park;

Playground;

School; or

Other lands where minors congregate.

The distance between any two adult uses shall be measured in a straight line, without regard to intervening structures, from the closest point on the exterior lot line of each establishment. The distance between any adult use and any land use specified above shall be measured in a straight line, without regard to intervening structures, from the closest point on the exterior lot line of the adult-related use to the closest point on the lot line of said land use;

No materials, merchandise, or film offered for sale, rent, lease, loan, or for view upon the premises shall be exhibited or displayed outside of a building or structure;

Any building or structure used and occupied as an adult use shall be windowless, or have an opaque covering over all windows or doors of any area in which materials, merchandise, or film are exhibited or displayed, and no sale materials, merchandise, or film shall be visible from outside of the building or structure;

No sign shall be erected upon the premises pictorially depicting or giving a visual representation of the type of materials, merchandise or film offered therein;

Each entrance to the premises shall be posted with a notice specifying that persons under the age of 17 years are not permitted to enter therein and warning all other persons that they may be offended upon entry;

No adult use may change to another adult use, except upon approval of an additional special exception;

The use shall not create an enticement for minors because of its proximity to nearby uses where minors may congregate;

No unlawful sexual activity or conduct shall be permitted; and

No more than one adult use may be located within one building or industrial park.

§ 380-49 Alternate energy production facilities.

Within every zone, alternate energy production facilities are permitted accessory uses by right, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter and specifically as follows.

Alternate energy production facilities shall be primarily utilized by the principal use of the lot upon which it is located. Surplus energy may be exchanged, transferred and/or sold to a public or private utility company, if the applicant submits written expert evidence that the proposed alternate energy production facility is designed not to exceed the following energy-generating parameters:

(1)

The maximum energy generated for a residential use shall not exceed 1.5 times the annual energy needs of the principal residential use upon whose site the alternate energy production facility is located.

Except as specifically permitted by Subsection G of this section, alternate energy production systems may be erected as detached accessory structures or attached to a building, provided that the structural components of such systems do not exceed the permitted height requirements of the zone in which it is located.

Alternate energy production systems may be erected as detached accessory structures or attached to a building, provided that the structural components of such systems (along with other site improvements) do not exceed the maximum permitted lot coverage requirements of the zone in which it is located.

Alternate energy production systems may be erected as detached accessory structures or attached to a building, provided that the structural components of such systems comply with all applicable setbacks of the zone in which it is located. Systems attached to a principal structure will be required to comply with principal use setbacks.

Solar energy panels shall be designed and located in order to minimize reflective glare towards any adjoining use and/or road.

The following provisions shall specifically apply to wind turbines:

(1)

Wind turbines shall be set back from the nearest occupied building upon the subject property a distance not less than 1.1 times the turbine height. The setback distance shall be measured from the center of the wind turbine base to the nearest point on the occupied building.

(2)

Wind turbines shall be set back from the nearest adjoining property a distance not less than 1.5 times the turbine height. The setback distance shall be measured from the center of the wind turbine base to the nearest point of the adjoining property.

(3)

All wind turbines shall be set back from the nearest public road a distance of not less than 1.5 times the turbine height, as measured from the nearest right-of-way line of the public road to the center of the wind turbine base. This section shall not be interpreted to permit the location of a wind turbine in the front yard if such structure is not permitted in the front yard within its respective zone.

(4)

The minimum height of a wind turbine shall be such that there shall be maintained a minimum of 15 feet ground clearance, as measured between the closest ground surface to the tip of the blade at its lowest turning movement.

(5)

The maximum height of a wind turbine shall be 50 feet, as measured from the ground surface to the tip of the blade at its highest turning movement.

(6)

All wind turbines and wind energy facilities shall be equipped with a redundant braking system, which shall include both aerodynamic overspeed controls (including variable pitch, tip, and other similar systems) and mechanical brakes. Mechanical brakes shall be operated in a fail-safe mode. Stall regulation shall not be considered a sufficient braking system for overspeed protection.

(7)

Wind turbines shall not be climbable up to 15 feet above ground surface. All access doors to wind turbines and electrical equipment shall be locked or fenced, as appropriate, to prevent entry by nonauthorized persons.

The following provisions shall specifically apply to geothermal systems:

(1)

Only closed-loop geothermal systems shall be permitted;

(2)

Prior to installation, all installation specifications and drawings for the geothermal system must be certified by a registered engineer within the Commonwealth of Pennsylvania as conforming to the International Ground Source Heat Pump Association (IGSHPA) installation standards;

(3)

The vertical geothermal system well (or wells) installation will be made only by a Pennsylvania-licensed well driller;

(4)

No geothermal system subsurface loops will be located closer than 20 feet from any existing or planned drinking water wells;

(5)

The vertical loop in a geothermal system well (or wells) shall be pressure-grouted bottom to top with a bentonite-based or cement-based material of 0.0000001 centimeter per second or lower permeability; and

(6)

With respect to each geothermal system well installation, the Pennsylvania-licensed well driller and/or system installer shall provide to the Borough, before activation of the system copies of:

(a)

Accurate written records and a written geologic log;

(b)

Accurate records with respect to grouting for each such well;

(c)

"As-built" plans and related documentation for each such system and well location;

(d)

Written documentation of the geothermal system testing and certification; and

(e)

A written "plan" for the operation of the geothermal system proposed by the applicant and approved by the system installer which, among other matters, provided that:

[1]

Any geothermal system leaks or releases will be reported by the applicant (and subsequent owner) to the Borough Zoning Officer within 24 hours of the discovery of same, and the applicant (and subsequent owner) covenants and agrees to take appropriate action to minimize any fluid release to the ground and to promptly repair any system leaks; and

[2]

In the event of the proposed discontinuance of the use of the geothermal system, a system closure plan will be prepared and submitted to the Borough for its approval by the landowner prior to the conveyance by the landowner of the land to any third party.

Aboveground alternate energy production facilities shall be clear-coated, transparent, and/or be designed with a nonobtrusive color. All such facilities shall not be artificially lighted, except to the extent required by the Federal Aviation Administration or other applicable authority that regulates air safety.

On-site transmission and power lines of an alternate energy production facility shall be placed underground.

Clearly visible warning signs concerning voltage must be placed at the base of all aboveground transformers and substations. Visible, reflective, colored 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.

The applicant shall provide written evidence that the proposed alternate energy production facility shall comply with the noise standards listed in § 380-36 of this chapter.

The applicant shall make reasonable efforts to minimize shadow flicker to adjoining residences.

The applicant shall make reasonable efforts to avoid any disruption or loss of radio, telephone, television or similar signals, and shall mitigate any harm caused by the alternate energy production facility.

The applicant shall provide written evidence from the Chief of the "first-due" fire company that the proposed use can be adequately protected and that, if necessary, a suitable emergency response plan has been implemented to serve the proposed use.

The design of the alternate energy production facility shall conform to applicable industry standards, including those of the American National Standards Institute and the Uniform Construction Code.[1]

[1]

Editor's Note: See Ch. 145, Art. I, Uniform Construction Code..

§ 380-50 Airports and heliports.

Within the (HI) Zone, airports/heliports are permitted by special exception, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter including but not limited to those general criteria contained within § 380-139B(2) and specifically as follows.

Minimum lot area: 30 acres for airports and five acres for heliports.

All facilities shall be designed and operated in strict compliance with all applicable state and federal laws and regulations.

The applicant shall furnish evidence of the obtainment of a license from the Pennsylvania Department of Transportation, Bureau of Aviation, prior to the approval of the special exception application.

The applicant shall furnish evidence of the techniques that will be used to employ "fly neighborly" guidelines to avoid adverse audiovisual impacts to nearby residents and livestock.

No part of the takeoff/landing strip and/or pad shall be located nearer than 300 feet from any lot line.

§ 380-51 Amusement arcades.

Within the (CBD & HC) Zones, amusement arcades are permitted by special exception, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter, including but not limited to those general criteria contained within § 380-139B(2) and specifically as follows.

All activities shall take place within a completely enclosed building;

The applicant must furnish evidence as to how the use will be controlled so as not to constitute a nuisance due to noise or loitering outside of the arcade.

A working plan for the cleanup of litter shall be furnished and implemented by the applicant.

The applicant shall comply with Article III of this chapter.

§ 380-52 Amusement, theme and/or zoo parks.

Within the (HC) Zone, amusement, theme and/or zoo parks are each permitted by special exception, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter, including but not limited to those general criteria contained within § 380-139B(2) and specifically as follows.

Purpose. This section provides for a two-stage review process for large-scale amusement uses that is consistent with the Pennsylvania Municipalities Planning Code[1] by encouraging innovation and promoting flexibility, economy and ingenuity in the development process. Specifically, applications submitted under this section will be required to obtain a special exception approval of a Master Concept Plan that will require detailed explanation of the proposed use's design, operation and impacts. Then, once the Master Concept Plan is approved, subsequent revisions or adjustments that were contemplated under the approved Master Concept Plan will be regulated as permitted uses. Subsequent alterations that were not contemplated by the previously approved Master Concept Plan will require another special exception approval.

[1]

Editor's Note: See 53 P.S. § 10101 et seq.

Design and operational objectives. Applications submitted pursuant to this section are required to demonstrate to the satisfaction of the Zoning Hearing Board that:

(1)

The proposed uses are coordinated to function as a single site;

(2)

The proposed design will provide for efficient functioning of the proposed use amid its surroundings without creating undue adverse impact;

(3)

The proposed use has access to adequate utilities and public services to ensure the public welfare upon the site and will not overburden such utilities and services to the detriment of the rest of the Borough;

(4)

The proposed use is designed, where practicable, to properly integrate and protect important natural features contained upon the site both during and after construction and during subsequent operation of the use;

(5)

The proposed use presents a pleasant appearance on the site and as viewed from adjoining roads and properties; and

(6)

The applicant has a management structure and capacity that can ensure that these preceding objectives will be continuously satisfied.

Stage 1 Concept Master Plan. Prior to the approval of a land development plan for any of the uses regulated in this section, the applicant shall submit a Concept Master Plan for special exception approval by the Zoning Hearing Board in accordance with § 380-139B of this chapter. The requirements of this § 380-52 shall be used as the specific criteria for evaluating the special exception application. Such Concept Master Plan shall be submitted by the applicant and shall include a textual and/or graphic description of the following items:

(1)

The location, boundaries, dimensions, acreage, and ownership of the land to be included within the proposed use;

(2)

The specific types and mixture of uses proposed for the land to be included within the proposed use. This will require submission of a schematic drawing of proposed use types within their respective areas along with a disturbance envelope within which all development activities will be confined;

(3)

A listing of the relevant design standards applied to the use as required by the Zoning Ordinance and a determination of the proposed use's compliance with such standards. Should the Zoning Hearing Board attach a condition of approval, pursuant to § 380-139B(3) of this chapter, that imposes a different standard than that of the Zoning Ordinance, such conditioned standard shall be listed along with the use's determination of compliance;

(4)

The circulation network contained upon the land to be included within the proposed use including roads, sidewalks, off-street parking lots, unimproved overflow parking areas, off-street loading areas, emergency access points, major intersections and any traffic improvements proposed to accommodate the proposed use;

(5)

The name, location, center line and present right-of-way width of all abutting streets;

(6)

Any regional facilities that are proposed and will serve more than one lot within the proposed development. Examples of such facilities could include stormwater management devices, open space areas, pedestrian pathways, signs, and wastewater or water facilities;

(7)

Qualified expert testimony and impact reports that demonstrate compliance with each of the following requirements and provide for an upset limit of impact regarding each requirement (e.g., maximum traffic volume, maximum sound pressure, maximum structure height, maximum glare, etc.).

(8)

A traffic impact study as required by § 380-42 of this chapter.

(9)

Access management so as not to cause traffic backup onto adjoining roads during peak entrance and exit periods. This shall require special attention to, and description of, the on-site stacking volumes caused by toll booth locations and the number, location, and times of traffic control personnel posting;

(10)

Noise as regulated by § 380-36 of this chapter;

(11)

Lighting as regulated by § 380-33 of this chapter;

(12)

Methods of water supply and sanitary sewage disposal in accordance with applicable state regulations. If public water and/or sewer is to be used, documentation by the respective agency of the adequacy of such system to serve the proposed use;

(13)

Methods of policing and security to include a written statement from the ranking police officer that adequate police protection is available to serve the proposed use. Also, the applicant is required to provide expert evidence regarding security measures that will be used on the site to ensure adequate public safety during and after conduct of the proposed use;

(14)

Methods of fire protection and ambulance service to include written statements from the chiefs of the first-due fire company and ambulance company that will serve the proposed use that attest that adequate fire protection and ambulance service are available to serve the proposed use;

(15)

Capacity of off-street parking lots and off-street loading areas in relation to the required spaces in §§ 380-38 and 380-37, respectively, of this chapter. In addition, an unimproved grassed overflow parking area shall be provided for peak-use periods. Such overflow parking areas shall be accessible only from the interior access drives of the permanent parking lot. Overflow parking areas shall contain fencing to confine vehicles on the site;

(16)

The handling and disposal of materials and wastes as required by § 380-39F of this chapter;

(17)

Methods used to contain, collect and dispose of litter on the site. This shall include a written description of an acceptable working plan for litter cleanup;

(18)

For uses involving the keeping of animals, a written plan that describes the methods used to: contain and prevent their escape; dispose of deceased animals in compliance with applicable state laws; handle, and dispose of animal wastes in a manner that is compatible with surrounding uses both on and off of the site; and offer the humane treatment and care of animals at all times.

(19)

Scaled graphic representations of those signs used to attract the public onto the site in accordance with § 380-45 of this chapter; and

(20)

Exterior areas used for the storage of automobiles or other vehicles shall be completely enclosed by a six-foot-high fence, and shall be subject to the (HC) Zone's setback, landscaping and screening requirements imposed upon off-street parking lots. The outdoor storage of vehicle parts, lubricants and fuels, or other materials or equipment used in the service of motor vehicles and the demolition or junking of vehicles is prohibited.

(21)

Maximum permitted height for uses regulated by this section can exceed 45 feet, provided:

(a)

That the proposed structure is set back a horizontal distance at least equal to its height from each lot line;

(b)

The applicant must demonstrate that adequate local rescue and firefighting capacity exists to ensure the safety of those who might be located above 45 feet by reason of adequate emergency vehicles and equipment and/or employed fire-suppression measures;

(c)

The applicant must submit evidence that the proposed structure complies with § 380-23, Airport Safety Zone, of this chapter;

(d)

For new buildings and building expansions, the applicant must demonstrate compliance with the BOCA National Fire Prevention Code, 1999 as may be amended;

(e)

If applicable, the applicant must demonstrate compliance with the American Society of Testing Materials (ASTM) F770-88 Standard Practice for Operation Procedures for Amusement Rides and Devices;

(f)

An integrated communication system that has a two-hour fire rating shall be provided on all floors;

(g)

If proposed, standpipe and sprinkler connection fixtures shall be located so as to be readily accessible to firefighting personnel and hose pre-connects for full access to each floor shall be provided;

(h)

For new buildings and building expansions, Knox-Boxes® shall be provided where any automatic fire alarm, detection or suppression systems are used;

(i)

For new buildings and building expansions, forcible entry tools including a pick-head axe, Halligan, K-tool® and Rabbit^TM tool shall be provided on each floor; and

(j)

If applicable, the applicant must demonstrate that the rescue of patrons on each amusement ride can occur in a safe and expedient manner during times of emergency.

Modifications of standards. As part of the Master Concept Plan special exception review, the Zoning Hearing Board may permit the modification of the standards applied to the proposed use in order to encourage the use of innovative design. An applicant desiring to obtain such approval shall, when making application for the Master Concept Plan, also make application for modification under this section. The Zoning Hearing Board shall consider both requests simultaneously. Any modification of the standards shall be subject to the following standards:

(1)

Such modifications of standards better serve the design and operational objectives listed in Subsection C of this section;

(2)

Such modifications of standards would not result in adverse impact to adjoining properties, nor future potential inhabitants within the vicinity;

(3)

Such modifications will not result in an increase in permitted lot coverage for the site; and

(4)

The extent of modification provides the minimum amount of relief necessary to ensure compliance with the requirements of this § 380-52.

Stage 2 Site Development Plan. Upon approval of a special exception for the Concept Master Plan, the applicant must apply for a zoning permit before constructing the proposed use pursuant to § 380-141 of this chapter. As part of the granting of a zoning permit for uses proposed and contained in the Concept Plan, the Zoning Officer shall review an application submitted by the applicant. Such application shall include but not be limited to the following:

(1)

Any information necessary to demonstrate compliance with all applicable regulations contained within this chapter plus any conditions of approval imposed upon the use; and

(2)

A scaled site plan that demonstrates the proposed uses' compliance with the approved Master Concept Plan, plus any conditions of approval attached to the grant of the Master Concept Plan. The Zoning Officer may require additional review by other Borough staff or Borough-appointed consultants. Such zoning permit shall be approved and issued in accordance with the time limits of § 380-141A(10) of this chapter, provided that:

(a)

The proposed uses are consistent with those contemplated in the Master Concept Plan;

(b)

The area to be disturbed for each use is consistent with the respective disturbance area depicted on the Master Concept Plan;

(c)

The application complies with the applicable design standards and regulations of this and other Borough ordinances plus any conditions of approval attached to the grant of the Master Concept Plan; and

(d)

The impacts of the proposed uses are consistent with that upset limit of impact authorized in the Master Concept Plan.

§ 380-53 Auction house.

Within the (HC, LI and HI) Zones, auction houses are permitted by right, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter and specifically as follows.

All auction activities shall be conducted within a completely enclosed building.

No outdoor storage or display is permitted.

Off-street parking shall be provided at the rate of one space per each two persons of legal occupancy within the auction house, plus one space per employee on the site at any one time. Oversized off-street parking shall be provided at the rate of one space per each 15 persons of legal occupancy within the auction house.

A minimum of four off-street loading spaces shall be provided, subject to increases in accordance with the schedule listed in § 380-37D of this chapter.

Should the proposed use include a cafeteria or refreshment counter, the applicant shall furnish and continuously implement an acceptable working plan for the collection of litter and debris.

§ 380-54 Automobile and/or animal racing facility with or without related wagering.

Within the (HI) Zone, automobile and/or animal racing facilities with or without related wagering are permitted by special exception, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter, including but not limited to those general criteria contained within § 380-139B(2) and specifically as follows.

[1]

Editor's Note: See 53 P.S. § 10101 et seq.

Design and operational objectives. Applications submitted pursuant to this section are required to demonstrate to the satisfaction of the Zoning Hearing Board that:

(1)

The proposed uses are coordinated to function as a single site;

(2)

The proposed design will provide for efficient functioning of the proposed use amid its surroundings without creating undue adverse impact;

(3)

(4)

(5)

The proposed use presents a pleasant appearance on the site and as viewed from adjoining roads and properties; and

(6)

The applicant has a management structure and capacity that can ensure that these preceding objectives will be continuously satisfied.

Stage 1 Concept Master Plan. Prior to, or coincidental with, the approval of a land development for any of the uses regulated in this section, the applicant shall submit a Concept Master Plan for special exception approval by the Zoning Hearing Board in accordance with § 380-139B of this chapter. The requirements of this § 380-54 shall be used as the specific criteria for evaluating the special exception application. Such Concept Master Plan shall be submitted by the applicant and shall include a textual and/or graphic description of the following items:

(1)

The location, boundaries, dimensions, acreage, and ownership of the land to be included within the proposed use;

(2)

The specific types and mixture of uses proposed for the land to be included within the proposed use. This will require submission of a schematic drawing of proposed use types within their respective areas along with a disturbance envelope, within which all development activities will be confined;

(3)

(4)

(5)

The name, location, center line and present right-of-way width of all abutting streets;

(6)

(7)

(8)

A traffic impact study as required by § 380-42 of this chapter;

(9)

Access management so as not to cause traffic backup onto adjoining roads during peak entrance and exit periods. This shall require special attention to, and description of, the on-site stacking volumes caused by toll-booth locations and the number, location, and times of traffic control personnel posting;

(10)

Noise as regulated by § 380-36 of this chapter;

(11)

Lighting as regulated by § 380-33 of this chapter;

(12)

Hours of public operation which will be limited between 12:00 noon and 10:00 p.m.;

Capacity of off-street parking lots and off-street loading areas in relation to the required spaces listed in §§ 380-38 and 380-37, respectively, of this chapter. In addition, an unimproved grassed overflow parking area shall be provided for peak use periods. Such overflow parking areas shall be accessible only from the interior access drives of the permanent parking lot. Overflow parking areas shall contain fencing to confine vehicles on the site;

(17)

The handling and disposal of materials and wastes as required by § 380-39F of this chapter;

(18)

Methods used to contain, collect and dispose of litter on the site. This shall include a written description of an acceptable working plan for litter cleanup;

(19)

(20)

Scaled graphic representations of those signs used to attract the public onto the site in accordance with § 380-45 of this chapter; and

(21)

Exterior areas used for the storage of automobiles or other vehicles shall be completely enclosed by a six-foot high fence, and shall be subject to the (RI) Zone's setback, landscaping and screening requirements imposed upon off-street parking lots. The outdoor storage of vehicle parts, lubricants and fuels, or other materials or equipment used in the service of motor vehicles and the demolition or junking of vehicles is prohibited.

(22)

Maximum permitted height for uses regulated by this section can exceed 45 feet, provided:

(a)

That the proposed structure is set back a horizontal distance at least equal to its height from each lot line;

(b)

The applicant must demonstrate that adequate local rescue and firefighting capacity exists to ensure the safety of those who might be located above 45 feet by reason of adequate emergency, vehicles and equipment and/or employed fire-suppression measures;

(c)

The applicant must submit that the proposed structure complies with § 380-23, Airport Safety Zone, of this chapter;

(d)

The applicant must demonstrate compliance with the BOCA National Fire Prevention Code, 1999, as may be amended;

(e)

If applicable, the applicant must demonstrate compliance with the American Society of Testing Materials (ASTM) F770-88 Standard Practice for Operation Procedures for Amusement Rides and Devices;

(f)

An integrated communication system that has a two-hour fire rating shall be provided on all floors;

(g)

If proposed, standpipe and sprinkler connection fixtures shall be located so as to be readily accessible to firefighting personnel, and hose pre-connects for full access to each floor shall be provided;

(h)

Knox® boxes shall be provided where any automatic fire alarm, detection or suppression systems are used; and

(i)

Forcible entry tools including a pick-head axe, Halligan, K-tool® and Rabbit^TM tool shall be provided on each floor.

(1)

Such modifications of standards better serve the design and operational objectives listed in Subsection C of this section;

(2)

Such modifications of standards would not result in adverse impact to adjoining properties, nor future potential inhabitants within the vicinity;

(3)

Such modifications will not result in an increase in permitted lot coverage for the site; and

(4)

The extent of modification provides the minimum amount of relief necessary to ensure compliance with the requirements of this § 380-54 of the Zoning Ordinance.

(1)

Any information necessary to demonstrate compliance with all applicable regulations contained within this chapter plus any conditions of approval imposed upon the use; and

(2)

(a)

The proposed uses are consistent with those contemplated in the Master Concept Plan;

(b)

The area to be disturbed for each use is consistent with the respective disturbance area depicted on the Master Concept Plan;

(c)

The application complies with the applicable design standards and regulations of this and other Borough ordinances plus and conditions of approval attached to the grant of the Master Concept Plan; and

(d)

The impact of the proposed uses are consistent with that upset limit of impact authorized in the Master Concept Plan.

§ 380-55 Automobile auctions and storage yards.

Within the (HI) Zone, automobile auctions and storage yards are permitted by special exception, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter, including but not limited to those general criteria contained within § 380-139B(2) and specifically as follows.

The subject property must front upon and have direct vehicular access to a collector or arterial road as listed in Chapter 318, Subdivision and Land Development.

The applicant shall be required to submit an expert-prepared on-site circulation plan prepared by a professional traffic engineer certified by the Commonwealth of Pennsylvania. Such circulation plan must fully describe the location and manner in which vehicles for auction arrive, are registered, are stored, are displayed, are readied for sale, are stacked for sale, are sold, are road-tested, are stored post-sale and then depart the site. It is incumbent upon the applicant to demonstrate that the proposed circulation pattern can be operated safely and will not interfere with the on-site circulation and parking of customers and employees or the flow of traffic on adjoining streets. Such plan shall clearly delineate exterior areas of the site that are to be used solely for the storage of vehicles as opposed to display and sales areas and required off-street parking spaces.

Exterior areas used solely for the storage of vehicles shall be connected to other areas of the site and the adjoining street via one or more access drives in accordance § 380-24 of this chapter.

Exterior areas used solely for the storage of vehicles shall comply with the off-street parking design requirements of Chapter 318, Subdivision and Land Development, and § 380-38 of this chapter, except that such areas:

(1)

May be arranged with blocks of horizontally stacked vehicles/equipment that do not provide for the independent movement of each vehicle. No vehicle or piece of heavy equipment shall be located more than 100 feet from an on-site interior drive. Such interior drives must be a minimum of 18 feet wide;

(2)

May employ vertical stacking of vehicles. Vehicles stacked vertically shall either be located within an enclosed structure or be located at least 100 feet from the closest lot line. Vertical stacking shall not exceed 15 feet;

(3)

Need not be paved, but must have an all-weather and dust-free surface;

(4)

Shall be completely enclosed by a six-foot-high fence, which shall be subject to the (HI) Zone's setback requirements imposed upon off-street parking lots;

(5)

Shall be lighted to provide an average of minimum one-footcandle level of illumination at an elevation of three feet above grade for the detection of suspicious movement. All such lighting shall be arranged as to reflect the light away from adjoining properties and roads; and

(6)

Need not comply with the interior landscaping requirements, but must be screened from adjoining roads and properties.

Exterior areas used for the display and sales of automobiles shall comply with the off-street parking design requirements of Chapter 318, Subdivision and Land Development.

The applicant shall demonstrate compliance with § 380-33, Outdoor lighting, of this chapter.

If an exterior amplified public address system is to be utilized, the applicant shall submit qualified expert evidence that the proposed public address system will be designed and operated in a manner to comply with § 380-36 of this chapter.

The applicant shall prepare, submit and explain, and continuously implement an acceptable working plan of the collection and proper disposal of litter and debris. Exterior trash receptacles shall be provided amid any exterior sales and/or display area. Such trash receptacles shall be routinely emptied so as to prevent the scattering of litter and debris.

The proposed use must be connected to public utilities and all on-site rest rooms, comfort facilities and toilets must rely upon public sewer for disposal of human waste. No "porta-potties" are permitted.

The subject property may contain facilities for the service, repair and reconditioning of vehicles, provided:

(1)

All service, repair and reconditioning uses involving drive-through service shall provide sufficient on-site stacking lanes to prevent vehicle backups on adjoining roads and such stacking lanes will be fully integrated within the site's on-site circulation plan as required in § 380-55C of this chapter;

(2)

All service, repair and/or reconditioning activities shall be conducted within a completely enclosed building and shall be limited to vehicles that are to be auctioned on the site;

(3)

No outdoor storage of parts, equipment, lubricants, fuel or other materials, new, used or discarded, as part of the service, repair and/or reconditioning operation, shall be permitted; and

(4)

The demolition and/or junking of vehicles is prohibited. No vehicle shall remain on the site for more than one year.

The subject property shall contain a road test track which shall be conveniently linked to the sales area. The test track shall be strictly operated so that customers must use the track for test drives rather than the site's circulation system and adjoining roads. The applicant must demonstrate the means by which patrons will be directed and required to conduct road tests on the site's test track. The test track shall be set back at least 20 feet from adjoining lot lines and 50 feet from adjoining roads. If such test track is to be used after dusk, it shall be lighted to provide an average of minimum two-footcandle level of illumination at an elevation of three feet above grade for the safe movement of vehicles and pedestrians. All such lighting shall be arranged to reflect the light away from adjoining properties and roads.

The applicant shall furnish evidence that the disposal of all materials and wastes will be accomplished in a manner that complies with all applicable state and federal regulations.

No part of the subject property shall be located within 300 feet of any land within the (LDR, TR, MFR, MHP, or MU) Zones.

A traffic impact study shall be prepared in accordance with § 380-42 of this chapter and shall devote particular emphasis on movements of vehicles that may be moving between the subject property and other nearby uses that assist in making vehicles ready for sale.

One truck driver lounge with comfort and bathing facilities, a restaurant, cafeteria or refreshment counter and a filling station are permitted accessory uses, provided such use are located, designed and operated in a manner that is meant to serve those persons directly associated with the principal uses while they are on the site. No entrances and/or signage shall be oriented towards attracting patrons from off of the site. Should the proposed use include a restaurant, cafeteria or refreshment counter, the applicant shall furnish and continuously implement an acceptable working plan for the collection of litter and debris.

One off-street parking space shall be provided for each 1,000 square feet of total interior and exterior display, sales and storage area for vehicles. In addition, an unimproved grassed overflow parking area shall be provided for peak use periods. Such overflow parking areas shall be accessible only from the interior access drives of the permanent parking lot. Overflow parking areas shall contain fencing to confine vehicles on the site.

§ 380-56 Automobile filling stations (including minor incidental repair).

Within the (CBD and HC) Zones, automobile filling stations (including minor incidental repair) are permitted by right, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter and specifically as follows:

The subject property shall be set back at least 300 feet from any lot containing a school, day-care facility, park or playground, library, hospital or nursing, rest or retirement home;

The outdoor storage of motor vehicles (whether capable of movement or not) for more than one month is prohibited;

All structures (including air compressors, kiosks, gasoline pump islands, but not permitted signs) shall be set back at least 30 feet from any street right-of-way line;

No outdoor storage of auto parts shall be permitted;

Access driveways shall be a minimum of 28 feet and a maximum of 35 feet wide and separated by 75 feet from one another if located along the same frontage as measured from edge to edge;

All ventilation equipment associated with fuel storage tanks shall be set back 100 feet and oriented away from any land within an (LDR, TR, MFR, MHP and MU) Zones; and

The applicant shall furnish evidence that the storage, dispensing and disposal of materials will be accomplished in a manner that complies with state and federal regulations.

§ 380-57 Bed-and-breakfasts.

Within the (MU) Zone, bed-and-breakfasts are permitted by special exception use, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter, including but not limited to those general criteria contained within § 380-139B(2) and the following specific criteria, and within the (CBD and HC) Zones, bed-and-breakfasts are permitted by right provided, that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter, including but not limited to the following specific criteria;

The owner and operator shall reside in the same building as the bed-and-breakfast and all rooms for rent shall be confined to the principal single-family detached dwelling unit;

There shall be no external alteration of the building except as may be necessary for reasons of safety. Fire escapes and outside stairways, where practical, shall be located to the rear of the building insofar as such are permitted by applicable building codes;

All floors above and/or below grade shall have direct means of escape to ground level;

One off-street parking space shall be provided for each room available for rent, in addition to those required for the dwelling unit. All parking areas shall be screened from adjoining residentially zoned properties and adjoining residences;

No cooking facilities (other than portable coffee machines and teapots) shall be permitted in any of the bedrooms available to guests; and

Operation of the bed-and-breakfast shall comply with all applicable municipal and state regulations.

§ 380-58 Billboards.

Within the (HI) Zone, billboards are permitted by special exception, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter, including but not limited to those general criteria contained within § 380-139B(2) and specifically as follows;

No billboard shall be located within 1,000 feet of another billboard as measured in a straight line, without regard to intervening structures, lot lines, street rights-of-way and any other improvement;

Billboards shall only be permitted upon properties with frontage along an arterial road as listed in Chapter 318, Subdivision and Land Development;

All billboards shall be a minimum of 40 feet from all lot lines and street rights-of-way;

All billboards shall be set back at least 500 feet from any land within a (LDR, TR, MFR, MHP, or MU) Zone and/or the closest lot line of any building used for residential purposes, including, but not limited to, single dwelling units, two-family dwellings, duplexes, townhouses, multifamily dwellings, boarding houses, nursing, rest or retirement homes, group homes, hotels and motels;

No billboard shall obstruct the view of motorists on adjoining roads, or the view of adjoining commercial or industrial uses, which depend upon visibility for identification;

The maximum area for any one billboard sign face shall not exceed 14 feet in vertical measurement or 48 feet horizontally and in no event to exceed 672 square feet per facing (inclusive of any border, trim or embellishment, which embellishment shall not exceed 28 square feet of area, but excluding the base or apron, supports and other structural members). The terms "face" and "facing" as used herein shall mean the surface area or surface areas of the structure containing the message of the billboard sign or signs.

(1)

The billboard sign face area shall be measured by the smallest square, rectangle, triangle, circle or combination thereof which will encompass the entire billboard sign face above ground level.

(2)

A billboard sign structure shall contain not more than two facings with only one advertising message being displayed at any one time per face, which facings may be placed only back-to-back or V-shaped at an interior angle of less than 90°.

All properties upon which a billboard is erected shall be regularly maintained so as not to create a nuisance by means of weeds, litter or vector habitation;

Any lighting used for billboards shall be designed in accordance with § 380-33 of this chapter to only illuminate the face of the billboard and not cast glare on adjoining areas or in an upward direction;

Billboards incorporating LCD, LED, plasma, CRT, pixelized lights or other animated and/or video-like display shall comply with § 380-45E(28) of this chapter; and

The applicant must demonstrate that the proposed use will comply with the Pennsylvania Outdoor Advertising Control Act.[1]

[1]

Editor's Note: See 36 P.S. § 2718.101 et seq.

§ 380-59 Boarding houses.

Within the (CBD and MU) Zones, boarding houses are permitted by special exception, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter, including but not limited to those general criteria contained within § 380-139B(2) and the following specific criteria;

The applicant shall furnish evidence that approved systems for sewage disposal and water supply shall be used;

All floors above and/or below grade shall have direct means of escape to ground level;

One off-street parking space shall be provided for each unit of occupancy;

Within the (MU) Zone, all parking areas shall be screened from adjoining properties;

Meals shall be offered only to registered tenants; and

Within the (CBD) Zone, the applicant shall demonstrate those measures employed to incorporate the design features listed in § 380-19S of this chapter. If the applicant cannot incorporate said features, the applicant shall describe what steps were taken to attempt such design, and the specific reasons why the design is impossible and/or impractical. The applicant shall also suggest what measures could be taken by the Borough to facilitate such a design.

§ 380-60 Campgrounds.

Within the (HI) Zones, campgrounds are permitted by special exception, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter, including but not limited to those general criteria contained within § 380-139B(2) and specifically as follows;

Minimum lot area: 10 acres;

Setbacks. All campsites shall be located at least 50 feet from any side or rear lot line and at least 100 feet from any public street line;

Each campsite shall be at least 1,200 square feet in size and shall either provide parking space for one automobile which will not interfere with the convenient and safe movement of traffic, or equivalent parking shall be provided in a common parking area;

Vehicular access shall be provided in accordance with the following minimum standards:

(1)

Access drive requirements shall apply along any entrance and/or exit for a minimum length of 100 feet from an adjoining street right-of-way.

(2)

Vehicular access shall be designed so that vehicles do not back up onto adjoining streets during peak exit and entrance periods.

(3)

Internal vehicular cartways shall have a width of not less than 12 feet for one-way vehicular flow and 20 feet for two-way vehicular flow. Parking along interior vehicular circulation routes shall be prohibited, unless an additional eight-foot width is added to the minimum cartway for each lane of parallel parking spaces.

(4)

Internal vehicular cartways serving recreational vehicles or common parking areas for tenting shall have a durable, stable and dust-free surface. Such cartways need not be paved, if a minimum depth of six inches of compacted, crushed stone is provided.

(5)

Internal vehicular cartways shall provide for a minimum center-line radius of 50 feet at curves and intersections.

(6)

Turnabouts shall be provided for all dead-end internal vehicular cartways over 100 feet in length.

(7)

Notwithstanding any of the above, the design of vehicular circulation must provide for adequate emergency vehicle access. The application shall include written statements from the chiefs of the first-due fire company and ambulance company that will serve the proposed use, attesting to the adequacy of emergency vehicle access.

All outdoor play areas shall be set back 100 feet and screened from adjoining properties. Such outdoor play areas shall be used exclusively by registered guests and their visitors;

All campgrounds shall furnish centralized sanitary and garbage collection facilities that shall be set back a minimum of 100 feet and screened from adjoining properties. Such facilities shall be designed and maintained so as to be secure from native animals such as raccoon, bears, etc.;

Any accessory retail or service commercial uses shall be set back a minimum of 100 feet from any lot line. Such accessory commercial uses shall be solely designed and constructed to serve the campground's registered guests and their visitors. Any parking spaces provided for these commercial uses shall only have vehicular access from the campground's internal road, rather than the public street. All accessory commercial uses and related parking shall be screened from adjoining parcels;

All campgrounds containing more than 100 campsites shall have vehicular access to an arterial or collector street as listed in Chapter 318, Subdivision and Land Development;

A campground may construct one freestanding or attached sign containing no more than 32 square feet. Any reference to accessory commercial or recreational facilities shall remain secondary in size to the reference of the principal campground use. Such sign shall be set back at least 10 feet from the street right-of-way line, at least 100 feet from any adjoining lot lines;

A minimum of 20% of the gross area of the campground shall be devoted to active and passive recreational facilities, which shall not be located within 100 feet of any lot line. Responsibility for maintenance of the recreation area shall be with the landowner;

During operation, every campground shall have an office in which shall be located the person responsible for operation of the campground; and

The applicant shall furnish evidence that all water facilities, sewage disposal systems, rest rooms, solid waste disposal and vector control shall be approved and maintained in accordance with the requirements of the PA DEP.

§ 380-61 Car washes.

Within the (HC, LI and HI) Zones, car washes are permitted by right, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter and specifically as follows;

Public sewer and water facilities shall be utilized and all uses must comply with applicable PA DEP requirements;

There shall be an on-site stacking lane with a minimum length of 50 feet for each self-service washing bay; automatic car-wash bays shall have an on-site stacking lane with a minimum length of 200 feet. The design of the facility shall include an escape lane from the stacking area;

All structures housing washing apparatuses, stacking lanes, self-service vacuum devices and post-wash drying areas shall be set back 20 feet from any side lot line;

Trash receptacles shall be provided and routinely emptied to prevent the scattering of litter; and

The subject property shall front on an arterial or collector road as listed in Chapter 318, Subdivision and Land Development.

§ 380-62 Casinos, off-track betting parlors and/or slot machine parlors.

Within the (HC) Zone, casinos, off-track betting parlors and/or slot machine parlors are permitted by special exception, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter, including but not limited to those general criteria contained within § 380-139B(2) and specifically as follows;

Casinos, off-track betting and/or slot machine parlor shall not be permitted to be located within 1,000 feet of any other casinos, off-track betting and/or slot machine parlor;

No casinos, off-track betting and/or slot machine parlor shall be located within 1,000 feet of any land within the (LDR, TR, MFR, MHP or MU) Zones;

No off-track betting parlor shall be located within 1,000 feet of any parcel of land which contains any one or more of the following specified land uses:

(1)

Amusement park;

(2)

Camp (for minors' activity);

(3)

Child-care facility;

(4)

Church or other similar religious facility;

Community center;

Museum;

Park;

Playground;

School; or

Other lands where minors congregate;

The above-required distances shall be measured in a straight line without regard to intervening structures, from the closest point on the exterior lot line of each land use;

No more than one casino, off-track betting parlor or slot machine parlor may be located within one building or shopping center;

The applicant shall furnish expert evidence that the proposed use will not be detrimental to the use of adjoining properties due to hours of operation, light and/or litter;

The applicant shall furnish expert evidence as to how the use will be controlled so as to not constitute a nuisance due to noise or loitering outside the building;

An acceptable working plan for the cleanup of litter shall be furnished and implemented by the applicant;

Off-street parking shall be provided at the rate of one space per each 65 square feet of gross floor area, including related dining, restaurant and snack bar areas; and

All off-track betting parlors shall comply with the Pennsylvania Horse and/or Harness Racing Commission's Rules and Regulations pertaining to nonprimary locations, as defined therein, and casinos and slot machine parlors shall be licensed by the Pennsylvania Gaming Control Board.

§ 380-63 Churches and related uses.

Within the (LDR, TR, MFR, MU, CBD and HC) Zones, churches and related uses are a use permitted by right, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter and specifically as follows:

House of worship.

(1)

Minimum lot area within the (LDR, TR, MFR and HC) Zones: two acres;

(2)

Minimum lot width within the (LDR, TR, MFR and HC) Zones: 200 feet;

(3)

All houses of worship shall have direct vehicular access to an arterial or collector highway, as identified in Chapter 318, Subdivision and Land Development;

(4)

Side yard setback within the (LDR, TR, MFR and HC) Zones: 50 feet on each side; and

(5)

All off-street parking areas shall be set back at least 25 feet from the street right-of-way line within the (LDR, TR, MFR and HC) Zones.

Church-related residences (rectories and convents).

(1)

All residential uses shall be accessory and located upon the same lot, or directly adjacent to a lot containing a house of worship; and

(2)

Except within the (TR, MU and CBD) Zones, all residential uses shall be governed by the location, height and bulk standards imposed upon other residences within the (MFR) Zone.

Church-related educational or day-care facilities.

(1)

All educational or day-care uses shall be accessory, and located upon the same lot as a house of worship;

(2)

An outdoor area shall be provided, at a minimum rate of 100 square feet per individual enrolled. Off-street parking lots shall not be used as outdoor areas. Outdoor areas shall not be located within the front yard and must be set back 25 feet from all lot lines. Outdoor areas shall be completely enclosed by a minimum four-foot-high fence, and screened from adjoining residentially zoned properties. The use of outdoor areas shall be limited to the hours between 8:00 a.m. and 8:00 p.m. Any vegetative materials located within the outdoor areas shall be of a non-harmful type (poisonous, thorny, allergenic, etc.). All outdoor areas must provide a means of shade, such as a shade tree(s) or pavilion(s);

(3)

Enrollment shall be defined as the largest number of persons under day-care supervision at any one time during a seven-day period;

(4)

Passenger dropoff areas shall be provided and arranged so that passengers do not have to cross traffic lanes on or adjacent to the site;

(5)

All educational or day-care uses shall be governed by the location, height and bulk standards imposed upon principal uses within the underlying zone; and

(6)

Unless the applicant can demonstrate that the off-street parking associated with the house of worship is sufficient for the proposed use, one off-street parking space shall be provided for each six persons enrolled below grade 10, and/or one off-street parking space for each three persons, grades 10 and above.

Within the (LDR and MFR) Zones, the maximum permitted lot coverage for churches and related uses shall be 60%.

§ 380-64 Co-located communication antennas upon existing structures.

Within the (LI and HI) Zones, communication antennas that are co-located upon existing structures (e.g., utility transmission towers, observation towers, communication towers, silos, steeples, smokestacks, water towers, flagpoles, and other similar structures) that do not comply with all applicable requirements of the Pennsylvania Wireless Broadband Collocation Act[1] are a use permitted by right, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter and specifically as follows.

[1]

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

The height of the commercial communications antennas and apparatus attaching the commercial communications antennas thereto shall not exceed by more than 10 feet the height of such existing structure, unless the applicant proves that a greater antenna height is required to make it an adequately functional component of the applicant's system, but in no case shall such height exceed 25 feet above existing structure.

The applicant proves that such location is necessary to satisfy the antenna's function in the applicant's communications system and, where applicable, will obviate the need for the erection of a commercial communications antenna support structure in another location.

The applicant employs concealment or other appropriate measures, as determined by the Borough Council, to camouflage or conceal the antennas, such as the use of neutral materials that hide antennas, the location of antennas within existing structures, such as steeples, silos, and advertising signs, the replication of steeples and other structures for such purpose, the simulation of elements of rural landscapes, such as trees, and such other measures as are available for use for such purpose.

Commercial communications antennas may be located entirely within a steeple, but no portion of the antenna shall be visible from the outside.

If the location of antennas on an existing structure obviates the need for the construction and erection of a tower in a permitted zone in which a tower is a permitted by right, the applicant may locate of up to five metal boxes placed on a concrete pad not exceeding 25 feet by 30 feet in area housing the receiving and transmitting equipment necessary to the operation of the antennas, provided that: the pad is located within the side yard or rear yard; the pad and boxes are set back from the lot line by a minimum of 30 feet; the combined height of the pad and boxes does not exceed eight feet; and an evergreen landscape buffer screen is planted and maintained.

When one or more freestanding communication and wireless communications antennas are to be located on an existing structure and the general public has access to the structure on which the freestanding communication and wireless communications facilities are to be located, the applicant shall provide engineering details showing what steps have been taken to prevent microwave binding to wiring, pipes, and other metals. For purposes of this subsection, the term "microwave binding" shall refer to the coupling or joining of microwave energy to electrical circuits, including but not limited to power lines and telephone wires, during which process the transference of energy from one to another occurs.

Prior to the issuance of a permit authorizing the co-location of a communications antenna, a structural engineer registered in the Commonwealth of Pennsylvania shall issue a written certification of the existing structure's and the antenna's ability to meet the structural standards required by either the Electronic Industries Association or the Communication Industry Association.

§ 380-64.1 Communication antennas, towers, and equipment located within public or private street right-of-way.

[Added 11-22-2016 by Ord. No. 769]

Communication antennas, towers, and equipment shall be permitted by special exception within the rights-of-way of public or private streets only within the Highway Commercial Zone (HC), Light Industrial Zone (LI) and Heavy Industrial Zone (HI), and only if the communications tower, antenna, and equipment meet all of the following requirements:

Towers and equipment prohibited in areas served by underground utilities. No communications antennas, towers or equipment shall be installed within a public street right-of-way or a private street right-of-way where utility facilities serving lots abutting such street are located underground. Communications antennas, towers, and equipment shall be installed only within rights-of-way of streets where there are utility poles and overhead wires existing on November 22, 2016.

Co-location. An application for a new communications tower in a street right-of way shall not be approved unless the Borough finds that the proposed wireless communications equipment cannot be accommodated on an existing structure, such as a utility pole or traffic light pole. Any application for approval of a communications tower shall include a comprehensive inventory of all existing towers and other suitable structures within a one-mile radius from the point of the proposed tower, unless the applicant can show to the satisfaction of the Borough that a different distance is more reasonable, and shall demonstrate conclusively why an existing tower or other suitable structure cannot be utilized.

Time, place and manner. The Borough shall determine the time, place and manner of construction, maintenance, repair and/or removal of all communications towers in the public street right-of-way based on public safety, traffic management, physical burden on the public street right-of-way, 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.[1]

[1]

Editor's Note: See 66 Pa.C.S.A. § 101 et seq.

Equipment location. Communications towers 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 public street right-of-way as determined by the Borough. In addition:

(1)

In no case shall ground-mounted equipment, walls, or landscaping be located within 18 inches of the face of the curb.

(2)

Ground-mounted equipment that cannot be installed underground shall be screened, to the fullest extent possible, through the use of landscaping or other decorative features to the satisfaction of the Borough.

(3)

All 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 within 30 business days of notice of the existence of the graffiti.

(5)

Any underground vaults related to communications towers shall be reviewed and approved by the Borough.

Design regulations.

(1)

The communications antennas and communications tower shall employ the most current stealth technology available in an effort to appropriately blend into the surrounding environment and minimize aesthetic impact. The application of the stealth technology chosen by the applicant shall be subject to the approval of the Borough.

(2)

Any substantial change to an existing communications tower shall require prior approval of the Borough.

(3)

Any proposed communications tower shall be designed structurally, electrically, and in all respects to accommodate both the applicant's antennas and comparable antennas of future users, including antenna for public safety needs by emergency responders.

(4)

The height of any communications tower shall not exceed 40 feet. Any height extension to an existing communications tower shall require an additional special exception. Guy wires are not permitted. Any communications tower shall be self-supporting.

Additional antennas. The applicant shall allow and encourage other service providers to co-locate antennas on communications towers where technically and economically feasible. The owner of a communications tower shall not install any additional antennas without obtaining the prior written approval of the Borough.

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 communications tower and/or equipment in the public street right-of-way shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any communications tower and/or equipment 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.

(4)

An emergency as determined by the Borough.

Compensation for public street right-of-way use. Every communications tower and/or communications equipment in the public street right-of-way is subject to the Borough's right to fix annually a fair and reasonable compensation to be paid for use and occupancy of the public street right-of-way. Such compensation for public street right-of-way use shall be directly related to the Borough's actual public street right-of-way management costs including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other public street right-of-way management activities by the Borough. The owner of each communications tower and/or communications equipment 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. The annual public street right-of-way management fee for communications towers and/or communications equipment shall be determined by the Borough and authorized by resolution of Borough Council and shall be based on the Borough's actual public street right-of-way management costs as applied to such communications tower and/or communications equipment.

The owner and/or lessee of any communication antennas, towers, and equipment located within a public street right-of-way shall be required to provide a certificate of insurance to the Borough providing evidence of liability insurance of not less than $1,000,000 and naming the Township as an additional insured on the policy or policies of the owner and/or lessee.

§ 380-65 Commercial day-care facilities.

Within the (MU) Zone, commercial day-care facilities are permitted by special exception use, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter, including but not limited to those general criteria contained within § 380-139B, and within the (CBD, HC, LI and HI) Zones, commercial day-care facilities are a use permitted by right, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter and specifically as follows;

An outdoor area shall be provided, at a minimum rate of 100 square feet per individual enrolled. Off-street parking lots shall not be used as outdoor areas. Outdoor areas shall not be located within the front yard and must be set back 25 feet from all lot lines. Outdoor areas shall be completely enclosed by a minimum four-foot high fence, and screened from adjoining residentially zoned properties. The use of outdoor areas shall be limited to the hours between 8:00 a.m. and 8:00 p.m. Any vegetative materials located within the outdoor play areas shall be of a non-harmful type (poisonous, thorny, allergenic, etc.). All outdoor areas must provide a means of shade, such as a shade tree(s) or pavilion(s);

Enrollment shall be defined as the largest number of persons under day-care supervision at any one time during a seven-day period;

Passenger dropoff and pickup areas shall be provided on-site, and arranged so that the passengers do not have to cross traffic lanes on or adjacent to the site; and

One off-street parking space shall be provided for each six persons enrolled, or fraction thereof.

§ 380-66 Commercial produce operations.

Within the (HC, LI and HI) Zones, commercial produce operations are permitted by special exception, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter, including but not limited to those general criteria contained within § 380-139B(2) and specifically as follows;

Minimum lot area: 10 acres;

Maximum permitted lot coverage: 30%, including all impervious surfaces;

The applicant shall submit written evidence that the proposed use has an approved nutrient management plan, if applicable. All subsequent operations and activities shall be conducted in accordance with such plans. If at any time the nutrient management plan is amended, the applicant must again submit written evidence of plan approval to the Zoning Officer;

The applicant shall furnish evidence from the Lebanon County Conservation District that the proposed use has an approved conservation plan. All subsequent operations and activities shall be conducted in accordance with such conservation plan. If, at any time, the conservation plan is amended, the applicant must again furnish evidence from the Lebanon County Conservation District that the amended plan has been approved;

The applicant shall abide by, and demonstrate a working knowledge of, those methods that will be employed to comply with the above-required nutrient management plan and conservation plan;

If greenhouses, or other buildings with substantially clear or translucent surfaces, are used, no artificial lighting may be used for growing which can be viewed from adjoining roads or properties between the hours of official sunset to official sunrise. Any other lighting on the site shall be designed and arranged so as not to cast glare on adjoining roads or properties;

Any exhaust or ventilation fans employed shall be oriented and directed away from the closest residence that is not that of the operator. If said fans are within 1,000 feet of the closest subject lot line, then the applicant shall construct a dispersion buffer. Such dispersion buffer shall include a vegetative berm that will effectively disperse or redirect fan exhaust so that no direct exhaust velocity is perceptible at any of the subject lot lines;

Any driveway or access drive providing for vehicular access to the proposed use shall be paved and shall maintain a fifty-foot-wide radius for all turns and intersections;

Any on-site waste storage facilities shall comply with the requirements of § 380-39F of this chapter;

The applicant shall submit an analysis of raw water needs (groundwater or surface water) from either private or public sources, indicating quantity of water required. If the source is from a municipal system, the applicant shall submit documentation that the public authority will supply the water needed.

(1)

In addition, if the facility is to rely upon nonpublic sources of water, a water feasibility study will be provided to enable the municipality to evaluate the impact of the proposed development on the groundwater supply and on existing wells. The purpose of the study will be to determine if there is an adequate supply of water for the proposed development to estimate the impact of the new development on existing wells in the vicinity. The water feasibility shall be reviewed by the municipal engineer;

(2)

A water system which does not provide an adequate supply of water for the proposed development, considering both quantity and quality, or does not provide for adequate groundwater recharge, considering the water withdrawn by the proposed development, shall not be approved by the municipality;

(3)

A water feasibility study shall include the following information:

(a)

Calculations of the projected water needs;

(b)

A geologic map of the area with a radius of at least one mile from the site;

(c)

The location of all existing and proposed wells within 1,000 feet of the site, with a notation of the capacity of all high-yield wells;

(d)

The location of all existing on-lot sewage disposal systems within 1,000 feet of the site;

(e)

The location of all streams within 1,000 feet of the site and all known point sources of pollution;

(f)

Based on the geologic formation(s) underlying the site, the long-term safe yield shall be determined;

(g)

A determination of the effects of the proposed water supply system on the quantity and quality of water in nearby wells, streams, and the groundwater table; and

(h)

A statement of the qualifications and the signature(s) of the person(s) preparing the study.

Should the proposed use not make use of public water and require more than 100,000 gallons of water per day, the applicant shall furnish written evidence of approval from the Susquehanna River Basin Commission;

All commercial produce operations must comply with applicable regulations of Chapter 310, Stormwater Management;

The applicant shall be required to obtain an approved land development under Chapter 318, Subdivision and Land Development;

A traffic impact report shall be prepared in accordance with § 380-42 of this chapter;

The applicant shall be required to submit a written qualified plan for the removal of all buildings, and the reclamation of all topsoil, in the event of discontinuance of the commercial produce operation. If the site is graded during construction and operation of the commercial produce operation, all topsoil shall remain on the site in a manner which makes it conveniently accessible for reclamation. Should the applicant not adequately guarantee the removal of such buildings and reclamation of topsoil upon discontinuance of the commercial produce operation at his/her expense, the special exception shall be denied;

The site shall include one off-street parking space for each employee during the largest work shift;

All buildings and storage/processing structures shall be set back at least 100 feet from adjoining roads and properties, and all off-street parking and loading spaces, outdoor storage areas, and dumpsters shall be set back at least 50 feet and screened from adjoining roads and properties; and

Signage shall be permitted, as provided for in § 380-46C of this chapter.

§ 380-67 Commercial recreation facilities.

Within the (CBD, HC, LI and HI) Zones, commercial recreation facilities are permitted by special exception, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter, including but not limited to those general criteria contained within § 380-139B(2) and the following specific criteria;

If the subject property contains more than two acres, it shall front on an arterial or collector road as listed in § 380-43 of this chapter;

Those uses involving extensive outdoor activities shall provide sufficient screening and/or landscaping measures to mitigate any visual and/or audible impacts on adjoining properties;

Maximum permitted height for structures regulated by this section can exceed 35 feet, provided:

(1)

That such structures shall not be used for occupancy:

(2)

That the proposed structure is set back a horizontal distance at least equal to its height from each lot line;

(3)

The applicant must demonstrate that adequate emergency vehicles and equipment and/or employed fire-suppression measures are available; and

(4)

The applicant must demonstrate compliance with the BOCA National Fire Prevention Code, 1999.

The applicant shall furnish qualified written evidence regarding the character of the proposed use and management strategies to assure that activities conducted upon the site will not be detrimental to the use of adjoining properties due to hours of operation, dust and pollution;

The applicant shall demonstrate compliance with § 380-33, Outdoor lighting, § 380-34, Litter, and § 380-36, Noise, of this chapter;

Except in the (CBD) Zone, required parking will be determined based upon the types of activities proposed and the schedule listed in § 380-38I of this chapter. In addition, the Borough Council may require an unimproved grassed overflow parking area to be provided for peak use periods. Such overflow parking areas shall be accessible only from the interior driveways of the permanent parking lot. Overflow parking areas shall contain fencing to prevent vehicles from crossing adjoining properties or directly accessing adjoining roads;

Any booths or other structures used for the collection of admission and/or parking fees shall be set back and arranged to prevent vehicle backups on adjoining roads during peak arrival periods. Any other collection of fees (roaming parking lot attendants) shall be conducted in a manner to prevent vehicle backups on adjoining roads. If, at any time after the opening of the commercial recreation facility, the Borough Council determine that traffic backups are occurring on adjoining roads, and such backups are directly related to the means of access to the subject property, the Borough Council can require the applicant to revise means of access to relieve the undue congestion; and

Any outside pedestrian waiting lines shall be provided with a means of shade.

§ 380-68 Concentrated animal feeding operations (CAFOS) and concentrated animal operations (CAOS).

Within the (HC, LI and HI) Zones, concentrated animal feeding operations (CAFOs) and concentrated animal operations (CAOs) are permitted by special exception, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter, including but not limited to those general criteria contained within § 380-139B(2) and the following specific criteria;

Minimum lot area: 10 acres;

Maximum permitted lot coverage: 30%, including all impervious surfaces;

Any building, or area used for the housing, feeding, watering, or running of livestock or poultry shall be set back at least 100 feet from any land within the (LDR, TR, MFR and/or MU) Zones;

Any building, or area used for the housing, feeding, watering, or running of livestock or poultry shall be set back at least 100 feet from all permanent surface waters, wetland areas, and wells that provide water for human consumption;

Any new concentrated animal feeding operation and/or concentrated animal operations and all expansions to existing operations shall be required to submit a plan for control of erosion and sedimentation prepared by an applicable licensed professional and consistent with the requirements of the Nutrient Management Act.[1] All subsequent operations and activities shall be conducted in accordance with such plans. If at any time the nutrient management plan is amended, the applicant must submit written evidence of plan approval to the Zoning Officer;

[1]

Editor's Note: See 3 Pa.C.S.A. § 501 et seq.

The applicant shall submit, abide by and demonstrate a working knowledge of written qualified evidence describing those methods that will be employed to:

(1)

Minimize odor on nearby properties in accordance with an approved odor management plan under Pennsylvania Nutrient Management Act;[2]

[2]

Editor's Note: See 3 Pa.C.S.A. § 501 et seq.

(2)

Dispose dead animals according to the regulations of the Pennsylvania Department of Agriculture. In the event of a catastrophic event in which mass disposal is warranted, the Pennsylvania Department of Agriculture can require whatever disposal methods are deemed appropriate to safeguard animal and public health; and

(3)

Comply with the above-required nutrient management plan and conservation plan.

Any exhaust or ventilation fans employed shall be oriented and directed such that no direct exhaust velocity is perceptible at any adjoining lot lines;

Any on-site manure storage facilities comply with the requirements of § 380-94 of this chapter;

All buildings used for the housing of livestock shall be fitted with a solid concrete slab or slotted floor;

Any driveway or access drive providing for vehicular access to the proposed use shall maintain a fifty-foot-wide radius for all turns and intersections;

The property whereupon the concentrated animal feeding operation is located shall be graded such that runoff from the area of the operation is not discharged onto surrounding properties, onto public roads, or into any permanent surface water; and

Applicants for any new concentrated animal feeding operation and all expansions to existing such operations must demonstrate compliance with all state and federal regulations governing the specific operation.

§ 380-69 Convenience stores.

Within the (CBD) Zone, convenience stores are permitted by special exception, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter, including but not limited to those general criteria contained within § 380-139B(2) and specifically as follows, and within the (HC) Zone, convenience stores are permitted by right, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter and specifically as follows;

All uses must comply with applicable standards contained throughout this chapter. The following lists some of those typically associated with convenience stores and their respective requirements:

	Use	Section
	Amusement arcade	§ 380-51
	Automobile filling station	§ 380-56
	Car wash	§ 380-61
	Fast food restaurant	§ 380-75

The applicant must furnish evidence as to how the use will be controlled so as to not constitute a nuisance due to loitering outside the building;

An acceptable working plan for the cleanup of litter shall be furnished and implemented by the applicant;

The applicant shall demonstrate compliance with § 380-33, Outdoor lighting, and § 380-36, Noise, of this chapter;

A minimum of one parking space for each 80 square feet of gross floor area shall be provided. In addition, any exterior accessory uses (e.g., auto filling station, car wash, etc.) shall also require parking to be provided in accordance with the schedule listed in § 380-38I of this chapter; and

§ 380-70 Convention and/or conference centers.

Within the (HC, LI and HI) Zones, convention centers and/or conference centers are permitted by special exception, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter, including but not limited to those general criteria contained within § 380-139B(2) and specifically as follows;

Convention and/or conference centers may include any of the following uses, provided such uses are primarily sized, located and designed as one integrated development (e.g., shared parking, signage, access, lighting, stormwater management, etc.) to serve those persons or groups of persons attending the convention and/or conference center, and not the general public:

(1)

Offices;

(2)

Hotels and motels;

(3)

Meeting rooms and auditoriums;

(4)

Banquet and social halls;

(5)

Restaurants and taverns (excluding fast-food restaurants);

(6)

Nightclubs, subject to the requirements of § 380-100 of this chapter;

(7)

Indoor theaters and arenas;

(8)

Sports stadiums;

(9)

Retail shops and concessionaires;

(10)

Personal service shops (i.e., barbers, salons, dry cleaners, tailors, shoe repair, spas, but excluding adult-related uses);

(11)

Commercial day-care facilities;

(12)

Information centers and booths; and

(13)

Outdoor activities, provided that no such activities shall be conducted upon any area of required off-street parking or off-street loading, including, but not limited to, outdoor amusements, shows for automobiles, consumer goods, agricultural equipment, supplies and livestock, sports equipment, boats, home and building materials and landscaping, community festivals, carnivals, circuses, concerts and other similar events.

Minimum required lot area: 10 acres;

All uses shall be served by both public sewer and public water utilities;

The subject property shall provide a suitable means of vehicular access that conveniently connects to an arterial road as listed in Chapter 318, Subdivision and Land Development;

Required parking will be determined based upon a combination of the types of activities proposed and the schedule listed in § 380-38I of this chapter. In addition, an unimproved, grassed, overflow parking area to be provided for peak use periods shall be required. Such overflow parking areas shall be accessible only from the interior driveways of the permanent parking lot. Overflow parking areas shall contain fencing to prevent vehicles from crossing adjoining properties or directly accessing adjoining roads. Soil erosion, sedimentation and stormwater runoff shall be controlled in accordance with all applicable laws and regulations. If, at any time after the opening of the facility, the Borough Council determines that traffic backups are occurring on adjoining roads, and such backups are directly related to the lack of on-site parking, the Borough Council can require the applicant to revise and/or provide additional on-site parking space;

Any booths or other structures used for the collection of admission and/or parking fees shall be set back and arranged to prevent vehicle backups on adjoining roads during peak arrival periods. Any other collection of fees (roaming parking lot attendants) shall be conducted in a manner to prevent vehicle backups on adjoining roads. If, at any time after opening, the Borough determines that traffic backups are occurring on adjoining roads, and such backups are directly related to the means of access to the subject property, the Borough can require the applicant to revise means to relieve the undue congestion;

Any outside pedestrian waiting lines shall be provided with a means of shade;

The applicant shall demonstrate compliance with § 380-33, Outdoor lighting, and § 380-34, Litter, of this chapter. The applicant shall furnish expert evidence that the proposed use will not be detrimental to the use of adjoining properties due to hours of operation;

Those uses involving extensive outdoor activities and/or display shall provide sufficient screening and/or landscaping measures to mitigate any visual and/or audible impacts on adjoining properties and roads. No outdoor storage is permitted;

A traffic impact report shall be prepared in accordance with § 380-42 of this chapter;

Any exterior public address system shall be designed and operated so that the audible levels of any messages conveyed over the system will not exceed the ambient noise levels of the use, as measured at each of the lot lines. Any noise generated on the site must comply with § 380-36 of this chapter;

The convention and/or conference center is eligible to utilize planned center signage, as listed in § 380-46O through S of this chapter; and

All uses within the convention and/or conference center shall be linked with sidewalks and/or pathways to facilitate safe and efficient pedestrian movements.

§ 380-71 Domestic composts.

Within all zones, domestic composts as an accessory residential use is permitted by right, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter and specifically as follows.

The placement of framed enclosure for composting is permitted, subject to all accessory use setbacks.

Only waste materials from the residential site shall be deposited within the compost enclosure, and in no case shall meat or meat by-products be composted.

All composting enclosures shall be maintained such that they will not create a nuisance to nearby properties.

§ 380-72 Dry cleaners, laundries and laundromats.

Within the (HC and CBD) Zones, dry cleaners, laundries and laundromats are permitted by right, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter and specifically as follows;

Public sewer and water shall be used, and furthermore, the applicant shall submit expert evidence that the proposed effluent will not adversely impact the public sewer system's treatment process;

All activities shall be conducted within a completely enclosed building;

During times of operation or plant cleanup and maintenance, all windows and doors on walls facing adjoining property within the (LDR, TR, MFR, MHP and MU) Zones shall be kept closed;

Ventilation exhausts shall meet all applicable state and federal air quality standards. Ventilation outlets must be set back at least 50 feet from all lot lines or be directed skyward; in no case shall any such exhaust outlet be directed toward adjoining residences or property within the (LDR, TR, MFR, MHP and MU) Zones;

Within the (HC) Zone, self-service laundromats shall require one off-street parking space for each two washing machines; other laundry-related uses shall provide one off-street parking space for each 400 square feet of gross floor area; and

§ 380-72.1 Duplex dwellings within Low-Density Residential (LDR) Zone.

[Added 9-10-2020 by Ord. No. 807]

Duplex dwellings are permitted within the Low-Density Zone subject to all requirements of this section and all generally applicable requirements of this chapter.

Duplex dwellings shall be permitted within the development of a tract of more than 10 acres only as a single planned community with all dwelling units being units of the planned community. Duplex dwelling units shall not be located on individual lots, and § 380-29 shall not be applicable to the planned community.

The maximum density shall be six dwelling units per acre.

All dwelling units shall be served by public water and public sewer facilities.

The development shall have not less than two points of ingress and egress, at least one of which must be a street intersection providing access to a collector or arterial street. The second point of ingress and egress may be in the form of a paved emergency access drive not less than 20 feet in width. If the development provides a second point of ingress and egress in the form of a gated emergency access, the developer shall demonstrate that the type of gate has been approved by emergency service providers who will be given keys or codes to enable access prior to the issuance of a certificate of occupancy for the first dwelling.

Individual dwelling units shall not have direct driveway access to the arterial or collector street abutting the development.

Minimum setback requirements:

(1)

All dwelling units shall be set back not less than 35 feet from all property lines of the tract being developed.

(2)

The minimum front yard setback for all dwelling units from the cartway of internal streets shall be 25 feet. In addition, the front facade of any garage shall be set back not less than 20 feet from the edge of the sidewalk.

(3)

Each building shall have a side separation of at least 10 feet from adjoining buildings. This separation shall be measured from foundation wall to foundation wall. Features identified in § 380-41 may encroach into the separation area.

(4)

The rear of each building shall be separated from the side or rear of any other building by not less than 40 feet.

The maximum impervious surface coverage for the entire development shall be 45% of the gross lot area of the development site. Stormwater management facilities shall be designed and installed assuming development with the maximum impervious surface coverage. The land development plan for the development shall identify the maximum impervious surface coverage in square feet attributable to each dwelling unit to enable the Borough to determine when future applications for accessory structures are filed whether such accessory structure has been accounted for within the maximum impervious surface coverage calculation and within the design of the stormwater management facilities.

The applicant shall provide homeowners' association documentation for review and approval of the Borough with the land development plan. At a minimum, the homeowners' association documentation shall require the association to maintain all of the stormwater management facilities; allow the Borough to maintain the stormwater management facilities and recover its costs if the association does not do so; identify the maximum square feet of impervious surface coverage each unit is allowed; and provide for the long-term maintenance of any common facilities, including, but not limited to, streets if not accepted by the Borough, emergency access points, and open space.

Off-street parking shall be provided in accordance with § 380-38.

Accessory buildings and structures shall not be placed between the front of the dwelling and any public or private street. No accessory structure shall be located within 10 feet of any dwelling unit other than the dwelling unit to which the accessory structure relates. No accessory structure shall be located within 35 feet of the property line of the tract being developed.

§ 380-73 Family day-care facilities.

Within the (LDR, TR, MFR, MU and CBD) Zones, family day-care facilities are an accessory residential use permitted by right, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter and specifically as follows;

Except within the (TR, MU and CBD) Zones, The family day care must be operated within a detached dwelling having a minimum lot size of 10,000 square feet;

A family day-care facility shall offer care and supervision to no more than six different minors during any calendar day;

All family day-care facilities with enrollment of more than three minors shall furnish a valid registration certificate for the proposed use, issued by the Pennsylvania Department of Public Welfare;

An outdoor area shall be provided, at a minimum rate of 100 square feet per individual enrolled. Off-street parking lots shall not be used as outdoor areas. Outdoor areas shall not be located within the front yard and must be set back 25 feet from all lot lines. Outdoor areas shall be completely enclosed by a minimum four-foot-high fence, and screened from adjoining property within the (LDR, TR, MFR, MHP and MU) Zones. The use of outdoor areas shall be limited to the hours between 8:00 a.m. and 8:00 p.m. Any vegetative materials located within the outdoor play areas shall be of a non-harmful type (poisonous, thorny, allergenic, etc.). All outdoor areas must provide a means of shade, such as a shade tree(s) or pavilion(s); and,

If provided, passenger dropoff and pickup areas shall be arranged so that passengers do not have to cross traffic lanes on or adjacent to the site.

§ 380-74 Farmers and/or flea markets.

Within the (CBD and HC) Zones, farmers markets are permitted by right, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter and specifically as follows, and within the (CBD and HC) Zone, flea markets are permitted by special exception, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter, including but not limited to those general criteria contained within § 380-139B(2) and specifically as follows;

The retail sales area shall be considered to be that of the smallest rectangle, or other regular geometric shape which encompasses all display stands, booths, tables, or stalls, plus any adjoining aisles and/or walkways from which consumers can inspect items for sale. The retail sales area shall include all indoor and/or outdoor areas as listed above;

Within the (HC) Zone, the retail sales area shall be set back at least 20 feet from all lot lines. In any zone, the retail sales area shall be calculated as part of the maximum permitted lot coverage, regardless of its surface treatment;

Off-street parking shall be provided at the rate of one space per each 200 square feet of retail sales area, and shall be designed and used in accordance with § 380-38 of this chapter;

Off-street loading shall be provided at the rate similar to that imposed on retail sales as listed in § 380-37D of this chapter. Again, the retail sales area, as described above, shall be used to calculate needed loading space(s);

All outdoor display and sale of merchandise shall commence no earlier than one hour before official sunrise and cease no later than one hour prior to official sunset;

Any exterior amplified public address system shall be arranged and designed so as to prevent objectionable impact on adjoining properties, and the applicant shall demonstrate compliance with § 380-36 of this chapter;

The applicant must demonstrate that the proposed lighting will comply with § 380-33 of this chapter; and

Trash receptacles shall be provided amid any outdoor retail sales area. Such trash receptacles shall be routinely emptied so as to prevent the scattering of litter and debris. All applications shall include a description of a working plan for the cleanup of litter.

§ 380-75 Fast-food restaurants.

Within the (CBD and HC) Zones, fast-food restaurants are permitted by special exception, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter, including but not limited to those general criteria contained within § 380-139B(2), and specifically as follows;

The subject property shall have vehicular access onto an arterial or collector road;

Exterior trash receptacles shall be provided and routinely emptied so to prevent the scattering of litter. All applications shall include a description of a working plan for the cleanup of litter;

Within the CBD Zone, no drive-through lanes shall connect with Main Street. All drive-through window lanes shall be separated from the parking lot's interior driveways;

Any exterior speaker/microphone system shall be arranged and/or screened to prevent objectionable noise impact on adjoining properties;

All exterior play/activity areas shall be completely enclosed by a minimum four-foot-high fence. Uses providing outdoor activities shall provide sufficient screening and/or landscaping measures to mitigate visual and/or audible impacts on adjoining properties;

Outdoor seating areas for patrons shall comply with the following:

(1)

Such seating shall be situated and designed so not to adversely impact nearby residences and complies with all setback requirements imposed upon buildings within the respective zone;

(2)

Such seating shall be accessory to the principal interior seating accommodations;

(3)

During use, such seating shall be continuously supervised by an employee or owner of the use;

(4)

Any lighting or music systems serving such seating shall be designed and operated so as not to constitute a nuisance to adjoining properties;

(5)

The applicant shall furnish and implement a working plan for the continuous cleanup of litter and debris that may result from such outdoor seating.

No part of the subject property shall be located within 100 feet of any property within the (LDR, TR, MFR, MHP or MU) Zones; and

§ 380-76 Fences and walls.

Within all zones, fences and walls are permitted by right, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter, including but not limited to the following specific criteria;

Upon properties used for residential purposes, no fence or wall (except athletic court walls or fences, or a retaining wall as noted below in § 380-76E) shall be erected to a height of more than:

(1)

Three feet within the portion of the front yard within the clear sight triangle and four feet within the portion of a front yard outside of a clear sight triangle; except that

[Amended 4-12-2022 by Ord. No. 815]

(2)

Fences and walls erected upon reverse frontage lots may extend up to height of six feet within those yards that do not contain vehicular access onto an adjoining road; and

(3)

Six feet in any side or rear yard.

Within the (HC, LI and HI) Zones, no fence or wall (except agricultural, required junkyard, athletic court, outdoor shooting range walls or fences, or a retaining wall as noted below in § 380-76E) shall be erected to a height of more than 10 feet in any yard;

No fence or wall shall interfere with the required clear sight triangle as listed in §§ 380-24C, 380-26 and 380-28C of this chapter;

The use of retaining walls higher than three feet up to a maximum height of 12 feet is permitted, subject to the following findings:

(1)

That the proposed height of the retaining wall is necessary to facilitate an efficient use of the site and/or protect an important or sensitive natural or cultural feature of the site;

(2)

That the applicant has submitted written expert evidence from a professional engineer registered to practice within the Commonwealth of Pennsylvania that the proposed retaining wall is designed and will be constructed to assure structural integrity and will in no way adversely affect any drainage pattern and/or underground utility lines nor interfere with their rights-of-way;

(3)

That the applicant has provided sufficient separation and physical barriers between the proposed retaining wall and any pedestrian and/or vehicle movement areas to ensure adequate vehicle and pedestrian safety; and

(4)

That the base of the retaining wall is set back a horizontal distance at least equal to its height from each lot line.

The use of barbed wire and electric fences are expressly prohibited, other than invisible pet fences.

Fences and walls shall be constructed of durable materials suited for its purpose and the use of discarded materials, vehicles, and appliances is prohibited. No wall or fence shall be constructed of corrugated metal, corrugated fiberglass, or sheet metal.

§ 380-77 Forestry uses.

Forestry permitted in all zones. In accordance with state law, forestry (as defined herein) uses are permitted, by right, in every zone, subject to the following standards.

Timber harvesting plan requirements.

(1)

Every landowner on whose land timber harvesting is to occur shall obtain a zoning permit, as required by this chapter. In addition to the zoning permit requirements listed in § 380-141 of this chapter, the applicant shall prepare and submit a written timber harvesting plan in the form specified below. No timber harvesting shall occur until a zoning permit has been issued. The provisions of the permit shall be followed throughout the operation.

(2)

The application for timber harvesting shall include evidence that the timber harvesting plan addresses and complies with the requirements of all applicable state regulations, including, but not limited to, the following:

(a)

Erosion and sedimentation control regulations contained in Title 25 Pennsylvania Code, Chapter 102, promulgated pursuant to the Clean Streams Law (35 P.S. § 691.1. et seq.); and

(b)

Stream crossing and wetlands protection regulations contained in Title 25 Pennsylvania Code, Chapter 105, promulgated pursuant to the Dam Safety and Encroachments Act (32 P.S. § 693.1 et seq.);

(c)

Any permits required by state laws and regulations shall be attached to and become part of the timber harvesting plan. An erosion and sedimentation pollution control plan that satisfies the requirements of Title 25, Pennsylvania Code, Chapter 102, shall also satisfy the requirements for the timber harvesting plan and associated maps specified in Subsection B(1), provided that all information required by these sections is included or attached.

§ 380-78 Freestanding communication and wireless facilities.

Within the (HI) Zones, freestanding communication and wireless communication facilities are permitted by special exception, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter, including but not limited to those general criteria contained within § 380-139B(2) and specifically as follows;

The purpose of this section and the standards established herein is to govern the use, construction, and location of communication and wireless communications facilities in recognition of the nature of commercial communication systems and the Federal Telecommunications Act of 1996. These regulations are intended to:

(1)

Accommodate the need for communication and wireless communications facilities while regulating their location and number so as to insure the provision for necessary services;

(2)

Minimize the adverse visual effects and the number of such facilities through proper design, locating, screening, material, color, and finish and by requiring that competing providers of wireless communications services co-locate their freestanding communication and wireless communications facilities and related facilities on existing towers;

(3)

Ensure the structural integrity of freestanding communication and wireless communications facilities support structures through compliance with applicable industry standards and regulations; and

(4)

Promote the health, safety and welfare of the residents and property owners within Palmyra Borough.

All applicants seeking to construct, erect, relocate, or alter communication or wireless communications facilities shall prepare and submit a site plan to the Borough for review and consideration that demonstrates compliance with the requirements for location, height, design, infrastructure, and site improvements by the applicant considering the communication or wireless communication network;

The following requirements concerning location and height shall apply to freestanding communication and wireless communication facilities:

(1)

No applicant shall have the right under the provisions of this section to erect any freestanding communication and wireless communications facilities support structure, also referred to as a "tower" in these regulations, to the maximum height specified within this chapter unless they prove the necessity for such height. The applicant shall demonstrate that the proposed height of the freestanding communication and wireless communications facilities support structure and the antenna be attached thereto is the minimum height required to provide satisfactory service.

(2)

Prior to approval of a site plan authorizing the construction and installation of a freestanding communication and wireless communications facilities support structure in a permitted location or zone, it shall be incumbent upon the applicant to prove to the reasonable satisfaction of Borough that the applicant cannot adequately extend or infill its communications system by the use of equipment such as radomes, repeaters, antennas, and similar equipment installed on existing structures, such as utility poles or their appurtenances, and other available tall structures, hereinafter referred as an "existing structure."

(3)

The special exception application, whether for a tower or antennas on existing structures, shall be accompanied by a propagation study demonstrating the need for the proposed tower or other communications facilities and equipment, a description of the type and manufacturer of the proposed transmission/radio equipment, the frequency range (megahertz band) assigned to the applicant, the power in watts at which the applicant transmits, the design gain of applicant's antennas, the subscriber equipment sensitivity expressed in dBm, the design dBm of the transmission and receiving equipment, and the results of the drive test and other studies conducted by the applicant in determining the need for the proposed site and installation.

(4)

No freestanding communication and wireless communications facilities support structure shall be taller than 120 feet, as measured from undisturbed ground level, unless the applicant proves that another provider of communications services has agreed to co-locate communication and wireless communications antennas on the applicant's tower or that the tower will be available for such co-location. It shall be incumbent upon the applicant to prove that a greater tower height is necessary to provide satisfactory service for communications than is required by the applicant. In such case, the freestanding communication and wireless communications facilities support structure shall not exceed 150 feet unless the applicant secures approval of a variance under the provisions of this chapter. In no event shall mounted freestanding communication and wireless communications antennas' height on any tower extend more than 10 feet above the installed height of the tower.

(5)

In those areas where freestanding communication and wireless communications antennas and freestanding communication and wireless communications facilities support structures are permitted, either one single-story wireless communications equipment building not exceeding 1,000 square feet in area or up to five metal boxes placed on a concrete pad not exceeding 25 feet by 30 feet in area housing the receiving and transmitting equipment may be located on the permitted site selected for installation and location of the tower for each unrelated company sharing freestanding communication and wireless communications facilities space on the tower.

(6)

With the exception of the transmitting and wireless communications equipment necessary to facilitate the tower and freestanding communication and wireless communications antennas, all other uses ancillary to freestanding communication and wireless communications antennas and freestanding communication and wireless communications facilities support structures, including but not limited to a business office, mobile telephone switching office, maintenance depot, and vehicle storage area, shall not be located on any site, unless otherwise permitted by the applicable zone regulations in which the site is located.

(7)

The minimum distances between the base of a freestanding communication and wireless communications facilities support structure and any adjoining lot line or street right-of-way line shall equal 50% of the proposed freestanding communication and wireless communications facilities support structure height. Where the site on which a tower is proposed to be located is contiguous to an educational use, child day-care facility, or residential use, the minimum distance between the base of a freestanding communication and wireless communications facilities support structure and any such adjoining uses shall equal 110% of the proposed freestanding communication and wireless communications facilities' support structure height, unless it is demonstrated to the reasonable satisfaction of the Zoning Hearing Board that in the event of tower failure, the tower is designed to collapse upon itself within a setback area less than the required minimum setback without endangering such adjoining uses and their occupants.

(8)

Unless otherwise specified within this chapter, a proposed freestanding communication or wireless communications facility must be located or separated by a horizontal distance of 3,000 feet from any other freestanding communication or wireless communications facility, except those devoted to accessory residential use.

The following standards shall apply to the structural stability, support, and design of all freestanding communication or wireless communication facilities:

(1)

The applicant shall demonstrate that the proposed freestanding communication and wireless communications antennas and freestanding communication and wireless communications facilities support structures are designed and constructed in accordance with all applicable national building standards for such facilities and structures, including, but not limited to, the standards developed by the Electronics Industry Association, Institute of Electrical and Electronics Engineer, Telecommunications Industry Association, American National Standards Institute and Electrical Industry Association, and other established standards identified by the Borough Engineer. The applicant shall demonstrate that the proposed communication and wireless communications facility is designed in such a manner so that no part of the facility will attract/deflect lightning onto adjacent properties.

(2)

When one or more freestanding communication and wireless communications antennas are to be located on an existing structure and the general public has access to the structure on which the freestanding communication and wireless communications facilities is to be located, the applicant shall provide engineering details showing what steps have been taken to prevent microwave binding to wiring, pipes, and other metals. For purposes of this subsection, the term "microwave binding" shall refer to the coupling or joining of microwave energy to electrical circuits, including but not limited to power lines and telephone wires, during which process the transference of energy from one to another occurs.

(3)

In order to reduce the number of freestanding communication and wireless communications facilities support structures within the Borough in the future, the proposed freestanding communication and wireless communications facilities' support structure shall be designed to accommodate other potential communications users, including but not limited to, commercial wireless communications companies, local police, and fire and ambulance companies.

(4)

If the communications facility is fully automated, adequate parking shall be required for all maintenance workers, with a minimum of two spaces provided. If the communications facility is not fully automated, the number of required parking spaces shall equal the number of employees present at the communications facility during the largest shift.

(5)

Freestanding communication and wireless communications facilities support structures shall be painted in an unobtrusive color or shall have a galvanized finish. All wireless communications equipment buildings and other accessory facilities 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. In furtherance of this provision, the Borough may require that:

(a)

Freestanding communication and wireless communications facilities support structures be painted green up to the height of nearby trees; and/or

(b)

Wireless communications equipment buildings that house electrical transmitter equipment be placed underground, unless this is determined to be detrimental to the functioning and physical integrity of such equipment.

(6)

In making these determinations concerning aesthetics and architectural compatibility, the Borough shall consider the following:

(a)

If it will promote the harmonious and orderly development of the zone involved;

(b)

If it is compatible with the character and type of development existing within the area;

(c)

If the benefits exceed any negative impacts on the aesthetic character of the community;

(d)

If it preserves woodland areas and trees existing at the site to the greatest possible extent; and

(e)

If it encourages sound engineering practices.

Unless otherwise permitted by the Zoning Hearing Board as part of the special exception application, the following general site improvements, compliance provisions, and procedural obligations shall be required for all communication or wireless communication facilities:

(1)

No sign or other structure shall be mounted on the wireless communications facility, except as may be required by the Federal Communications Commission (FCC), the Federal Aviation Administration (FAA), or other governmental agency.

(2)

Where required, the freestanding communication and wireless communications facilities support structures shall meet all FAA regulations. No freestanding communication and wireless communications facilities support structure may be artificially lighted except when required by the FAA or other governmental authority. When lighting is so required, it shall be limited to the minimum lumens and number of lights required, and it shall be oriented inward so as not to project onto surrounding properties. The applicant shall promptly report any outage or malfunction of FAA-mandated lighting to the appropriate governmental authorities as well as to the Borough.

(3)

The applicant shall describe the anticipated maintenance needs, including frequency of service, personnel needs, equipment needs, and the traffic safety and noise impacts of such maintenance.

(4)

In the event that a communication and wireless communications facilities is attached to an existing structure, vehicular access to the wireless communications facility shall not interfere with the parking or vehicular circulation on the site for the existing principal use.

(5)

If the applicant proposes to build a freestanding communication and wireless communications facilities support structure (as opposed to mounting the freestanding communication and wireless communications facilities on an existing structure), the applicant shall prove to the Borough that it has contacted the owners of structures of suitable location and height, either other towers or existing tall structures within a three-thousand-foot radius of the site proposed, asked for permission to install the freestanding communication and wireless communications antennas on those structures, and has been denied. The Borough may deny an application to construct a new freestanding communication and wireless communications facilities support structure if the applicant has not made a good faith effort to co-locate the communication and wireless communications facilities on an existing structure.

(6)

If use of the communications facility is abandoned or if the communications facility is not in use for a period of six months or longer, the owner shall demolish and/or remove the communications facility from the site within six months of such abandonment and/or nonuse. All costs of demolition and/or removal shall be borne by the owner of the communications facility. In the event that the demolition and/or removal referred to above are not performed in a timely manner, the owner shall be subject to the enforcement remedies of this chapter or as otherwise provided by law.

(7)

As part of the special exception application, the applicant seeking to construct, erect, relocate, or alter a communications facility shall file a written certification that all property owners within a one-thousand-foot radius of the property on which the freestanding communication and wireless communications facilities support structure is proposed to be located have been given written notice by the applicant of the applicant's intent to construct, erect, relocate, or alter a communications facility. The certification shall contain the name, address, and tax parcel number of the property owners so notified.

(8)

In the event that the wireless communications facilities causes interference with the radio or television reception within the Borough for a period of three continuous days, the affected property owner or tenant may notify the applicant of such interference, and the applicant, at the applicant's sole expense, shall thereafter ensure that any interference problems are promptly corrected. In the event that the interference is not corrected in a timely manner, the applicant shall be subject to the enforcement remedies of this chapter.

(9)

A security fence shall be required around the antenna support structure and other equipment, unless the freestanding communication and communications facility is mounted on an existing structure.

(10)

Landscaping shall be required to screen and buffer as much of a newly constructed freestanding communication and wireless communications facilities support structure as possible. The Zoning Hearing Board may permit a combination of existing vegetation, topography, walls, decorative fences, and other features in lieu of landscaping.

The following background information and documentation shall be submitted as part of the special exception application:

(1)

The applicant shall demonstrate that it is licensed by the Federal Communications Commission (FCC) or, in the case of those companies that own and erect towers for lease to such companies, that it has an existing contract with one or more such companies to locate on the proposed tower (in those zones or areas where such towers are permitted) and shall provide the Borough Secretary with copies of all FCC applications, permits, approvals, licenses, and site inspection records. All such information shall be accompanied by a certification signed by two officers of the applicant that the information being supplied is true and correct to the best of their knowledge, information, and belief. The applicant shall also provide the Borough with copies of all applicable federal regulations with which it is required to comply and a schedule of estimated FCC inspections.

(2)

The owner of a freestanding communication and wireless communications facilities support structure shall submit to the Borough Engineer proof of the annual inspection of the freestanding communication and wireless communications facilities support structure and freestanding communication and wireless communications facility(ies) by an independent professional engineer as required by the ANSI/EIA/TIA-222-E Code. Based upon the results of such an inspection, the Borough may require removal or repair of the wireless communications facility. In the event that the annual inspection referred to above is not performed in a timely manner, the owner shall be subject to enforcement remedies of this chapter or as otherwise provided by law.

(3)

A soil report complying with the standards of geotechnical investigations, ANSI/EIA-222-E, shall be submitted to the Borough Engineer to document and verify the adequacy of the design specifications of the foundation for the freestanding communication and wireless communications facilities support structure and anchors for the guy wires, if used.

(4)

Prior to the issuance of a permit authorizing construction and erection of a freestanding communication and wireless communications facilities support structure, a structural engineer registered in the Commonwealth of Pennsylvania shall issue a written certification to the Borough of its ability to meet the structural standards required by either the Electronic Industries Association or the Communication Industry Association and certify the proper construction of the foundation and the erection of the freestanding communication and wireless communications facilities support structure. Where antennas are proposed to be attached to an existing structure, the structural engineer shall certify that both the structure and the antennas and their appurtenances meet minimum industry standards for structural integrity.

(5)

The special exception application shall be accompanied by a full site plan for all wireless communications facilities, showing all existing and proposed structures and improvements, including but not limited to the freestanding communication and wireless communications antennas, freestanding communication and wireless communications facilities support structure, building, fencing, buffering, and site access provisions.

(6)

Upon change in licensing information, the owner shall provide the Borough with an updated copy of the license and emergency contact information.

All towers and guy wire anchors shall be completely enclosed by a minimum eight-foot-high fence with a self-locking gate;

All ground-mounted satellite dishes that are used to transmit video format data shall be completely enclosed by a minimum eight-foot-high, nonclimbable fence that includes signage warning of dangerous radiation levels. Any gates within the fence shall be locked when unattended;

The applicant shall furnish expert testimony regarding the construction methods or other measures used to prevent the wind-borne scattering of ice onto adjoining properties and/or roads;

No site shall be located within 500 feet of:

(1)

Any land within the (LDR, TR, MFR, MHP or MU) Zones;

(2)

The nearest lot line of any existing residence;

(3)

The nearest lot line of any approved lot which has been subdivided during the last five years for residential purposes, which has not yet been constructed; and

(4)

The nearest lot line of any lot proposed for residential purposes which has been submitted for preliminary or final subdivision approval.

§ 380-79 Funeral homes.

Within the (MU) Zone, funeral homes are permitted by special exception use, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter, including but not limited to those general criteria contained within § 380-139B and specifically as follows, and within the (CBD and HC) Zone, funeral homes are permitted by right, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter and specifically as follows;

Public sewer and water facilities shall be utilized;

Sufficient off-street parking and stacking shall be provided to prevent traffic backups onto adjoining roads;

No vehicular access to the site shall be from an arterial road; and

Within the (CBD) Zone the applicant, shall demonstrate those measures employed to incorporate the design features listed in § 380-19S of this chapter. If the applicant cannot incorporate said features, the applicant shall describe what steps were taken to attempt such design, and the specific reasons why the design is impossible and/or impractical. The applicant shall also suggest what measures could be taken by the Borough to facilitate such a design.

§ 380-80 Garage/yard/moving sales.

Within any zone, the owner or occupant of a residence may conduct up to five garage/yard/moving sales per year by right, provided that the applicant has meet his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter, including but not limited to those specifically as follows.

No garage/yard/moving sale shall be conducted for a period longer than two consecutive days.

Such sales may offer personal possessions for sale; no import or stocking of inventory shall be permitted.

Signage shall be permitted in accordance with § 380-46, Table 380-46[2].

[Amended 4-12-2022 by Ord. No. 815]

In no case shall any aspect of the garage/yard/moving sale be conducted in the street right-of-way.

The conduct of a garage/yard/moving sale beyond the extent described herein represents a commercial business and shall require appropriate zoning authorization.

§ 380-81 Golf courses and driving ranges.

Within the (HC, LI and HI) Zones, golf courses and driving ranges are permitted by special exception, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter, including but not limited to those general criteria contained within § 380-139B(2) and specifically as follows: Golf courses must comply with all of the following criteria, while freestanding driving ranges must comply with Subsections B, C, F, and J;

In no case shall the golf course design permit or encourage a golf ball to be driven across any building, building lot, parking lot, street, access drive, or driveway;

Golf paths. Golf paths shall be graded so as to discharge stormwater runoff. Surface conditions of paths shall be adequately protected from an exposed soil condition.

(1)

The golf course design shall minimize golf path crossings of streets, access drives and driveways. Easily identifiable golf paths must be provided for crossings of streets, access drives or driveways. The golf course design shall both discourage random crossing and require use of the golf path crossings of streets, access drives and driveways. Golf path crossings shall conform to the following:

(a)

Each crossing shall be perpendicular to the traffic movements;

(b)

Only one street, access drive or driveway may be crossed at each location;

(c)

No crossing is permitted between a point 15 feet and 150 feet from the cartway edge of a street, access drive or driveway intersection;

(d)

The crossing must be provided with a clear sight triangle of 75 feet, measured along the street, access drive or driveway center line and the golf path center line, to a location on the center line of the golf path, five feet from the edge of the roadway. No permanent obstruction over 30 inches high shall be placed within this area;

(e)

Sight distance. Golf path intersections shall be designed to provide adequate sight distance with regard to both horizontal and vertical alignment;

(f)

The golf cart path shall not exceed a slope of 8% within 25 feet of the cartway crossing;

(g)

Golf path crossings shall be signed, warning motorists and pedestrians and golfers. The surface of the golf path shall be brightly painted with angle stripes; and

(h)

Golf path crossings of collector or arterial streets shall consist of a tunnel or bridge that is not located at street grade. The golf course design shall both prohibit on-grade crossing of collector or arterial streets and require the use of a tunnel or bridge. The construction of the collector or arterial roadway crossing of the tunnel or bridge shall comply with PennDOT standards.

All golf course buildings shall be set back 75 feet from any adjoining roads and 100 feet from adjoining residential properties and vacant properties within the (LDR, TR and MFR) Zones;

Golf courses may include the following accessory uses, provided such uses are reasonably sized, and located so as to provide incidental service to the golf course employees and users:

(1)

Clubhouse, which may consist of:

(a)

Restaurant, snack bar, lounge, and banquet facilities;

(b)

Locker and rest rooms;

(c)

Pro shop;

(d)

Administrative offices;

(e)

Golf cart and maintenance equipment storage and service facilities;

(f)

Guest lodging for those using the golf course, provided:

[1]

No lodging units have separate exterior means of ingress/egress;

[2]

All lodging units shall be contained within the main clubhouse; and

[3]

Such guest lodging shall have a total occupancy of no more than 20 persons;

(g)

Fitness and health equipment, including workout machines, spas, whirlpools, saunas, and steam rooms;

(h)

Game rooms, including card tables, billiards, ping-pong, and other similar table games; and

(i)

Baby-sitting rooms and connected fence-enclosed playlots.

(2)

Accessory recreation amenities located outside of a building, including:

(a)

Driving range, provided that no lighting is utilized;

(b)

Practice putting greens;

(c)

Swimming pools;

(d)

Tennis, platform tennis, handball, racquetball, squash, volleyball, and badminton courts;

(e)

Bocce ball, croquet, shuffleboard, quoits, horseshoe pits, and washers courses;

(f)

Picnic pavilions, picnic tables, park benches, and barbecue pits;

(g)

Hiking, biking, horseback riding, and cross-country ski trails; and

(h)

Playground equipment and playlot games, including four-square, dodgeball, tetherball, and hopscotch.

(3)

Freestanding maintenance equipment and supply buildings and storage yards.

All outdoor storage of maintenance equipment and/or golf carts shall be set back at least 100 feet and screened from adjoining residential properties and roads;

If the facility is to rely upon nonpublic sources of water, a water feasibility study will be provided to enable the municipality to evaluate the impact of the proposed development on the groundwater supply and on existing wells. The purpose of the study will be to determine if there is an adequate supply of water for the proposed development and to estimate the impact of the new development on existing wells in the vicinity. A water feasibility study shall include the following information:

(1)

Calculations of the projected water needs;

(2)

A geologic map of the area with a radius of at least one mile from the site;

(3)

The location of all existing and proposed wells within 1,000 feet of the site, with a notation of the capacity of all high-yield wells;

(4)

The location of all existing on-lot sewage disposal systems within 1,000 feet of the site;

(5)

The location of all streams within 1,000 feet of the site and all known point sources of pollution;

(6)

Based on the geologic formation(s) underlying the site, the long-term safe yield shall be determined;

(7)

A determination of the effects of the proposed water supply system on the quantity and quality of water in nearby wells, streams and the groundwater table; and

(8)

A statement of the qualifications and the signature(s) of the person(s) preparing the study.

The applicant shall demonstrate that proposed lighting will comply with § 380-33 of this chapter.

§ 380-82 Health, fitness, social, fraternal and other private clubs.

Within the (MU and CBD) Zones, health, fitness, social, fraternal and other private clubs are permitted by special exception, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter, including but not limited to those general criteria contained within § 380-139B(2) and the following specific criteria;

The applicant must furnish evidence as to how the use will be controlled so as to not constitute a nuisance due to noise or loitering outside the club;

Except within the (CBD) Zone, off-street parking shall be provided, as required by the combination of elements comprising the club, including accessory uses in accordance with § 380-38I of this chapter;

All outdoor recreation facilities shall be set back at least 50 feet from the street right-of-way line, and 25 feet from all other lot lines;

Any accessory eating or retail use shall not be directly accessible without passing through the main clubhouse building;

All lighting of outdoor recreation areas shall be designed and arranged to comply with § 380-33 of this chapter;

A working plan for the cleanup of litter shall be furnished and implemented by the applicant;

This use shall expressly exclude adult uses, off-track betting parlors, casinos, nightclubs and outdoor shooting ranges; and

§ 380-83 Heavy equipment sales, leasing, rental, service and/or repair facilities.

Within the (HC, LI and HI) Zones, heavy equipment sales, leasing, rental, service and/or repair facilities are permitted by special exception, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter, including but not limited to those general criteria contained within § 380-139B(2) and specifically as follows;

Aside from occasional diagnostics, testing and simple repairs, all service and/or repair activities shall be conducted within a completely enclosed building;

All uses involving drive-through service shall provide sufficient on-site stacking lanes to prevent vehicle backups on adjoining roads;

(1)

May be arranged with blocks of horizontally stacked vehicles/equipment that do not provide for the independent movement of each vehicle. No vehicle shall be located more than 100 feet from an on-site interior drive. Such interior drives must be a minimum of 18 feet wide, unless greater width is required under Chapter 318, Subdivision and Land Development;

(2)

(3)

Need not be paved, but must have an all-weather and dust-free surface;

(4)

Shall be completely enclosed by a six-foot-high fence, which shall be subject to the (HI) Zone's setback requirements imposed upon off-street parking lots; and

(5)

Need not comply with the interior landscaping requirements, but must be screened from adjoining roads and properties.

Exterior areas used for the display and sales of vehicles shall comply with the off-street parking design requirements of Chapter 318, Subdivision and Land Development, and § 380-38 of this chapter;

All exterior storage and/or display and sales areas shall be screened from adjoining properties in the (LDR, TR, MFR, MHP and MU) Zones. All exterior storage/display areas shall be set back at least 50 feet from adjoining street lines and shall be covered in an all-weather, dust-free surface;

The storage of junked vehicles, boats, machinery, trucks, trailers, manufactured homes, heavy equipment vehicles, and parts thereof, on the property is prohibited;

Any ventilation equipment outlets associated with the service/repair work area(s) shall not be directly towards any adjoining properties in the (LDR, TR, MFR, MHP and MU) Zones;

All vehicles shall be repaired and removed promptly from the premises and in no case shall a vehicle be stored on the property for a period exceeding 90 days;

The storage of fuels and lubricant shall be limited to those that are accessory to the principal use; no retail and/or wholesale sales of such materials shall be permitted;

The applicant shall furnish evidence that the storage and disposal of materials and wastes will be accomplished in a manner that complies with all applicable state and federal regulations. The applicant will describe those specific methods used to collect, store and dispose of greases, lubricants, fuels, solvents and other toxic substances associated with the proposed use;

The applicant shall be required to submit an on-site circulation plan that fully describes the location and manner in which vehicles for sale arrive, are registered, are stored, are displayed, are readied for sale, are stacked for sale, are sold, are road tested, are stored post-sale and then depart the site. It is incumbent upon the applicant to demonstrate that the proposed circulation pattern can be operated safely and will not interfere with the on-site circulation and parking of customers and employees or the flow of traffic on adjoining streets. Such plan shall clearly delineate exterior areas of the site that are to be used solely for the storage of vehicles as opposed to display and sales areas and required off-street parking spaces;

Applicants shall be required to demonstrate compliance with the Pennsylvania Diesel Idling Restrictions, Act 124 of 2008, as amended,[1] including but not limited to the posting of required signs;

[1]

Editor's Note: See 35 P.S. § 4601 et seq.

The applicant shall submit a lighting plan in accordance with § 380-33 of this chapter; and

§ 380-84 Heavy industrial uses.

Within the (HI) Zone, heavy industrial uses, as defined herein, are permitted by special exception, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter, including but not limited to those general criteria contained within § 380-139B(2) and specifically as follows;

The applicant shall provide a detailed description of the proposed use in each of the following topics:

(1)

The nature of the on-site processing operations, the materials used in the process, the products produced, and the generation and methods for disposal of any wastes and/or by-products. In addition, the applicant shall furnish evidence that the storage and disposal of materials will be accomplished in a manner that complies with state and federal regulations;

(2)

The general scale of the operation in terms of its market area, specific floor space requirements for each step of the industrial process, the total number of employees on each shift, and an overall needed site size;

(3)

Any environmental impacts that are likely to be generated (e.g., odor, noise, smoke, dust, litter, glare, vibration, electrical disturbance, wastewater, stormwater, solid waste, etc.) and specific measures employed to mitigate or eliminate any negative impacts. The applicant shall further furnish expert evidence that the impacts generated by the proposed use fall within acceptable levels as regulated by applicable laws and ordinances, including, but not limited to, those of §§ 380-33, 380-36 and 380-39 of this chapter; and

(4)

A traffic impact report prepared by a professional traffic engineer, according to § 380-42 of this chapter.

Applicants shall be required to demonstrate compliance with the Pennsylvania Diesel Idling Restrictions, Act 124 of 2008, as amended,[1] including but not limited to the posting of required signs.

[1]

Editor's Note: See 35 P.S. § 4601 et seq.

§ 380-85 Helicopter pads, private.

Within the (HI) Zone, helicopter pads, private, as an accessory use are permitted by special exception, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter, including but not limited to those general criteria contained within § 380-139B(2) and specifically as follows;

All facilities shall be designed and operated in strict compliance with all applicable state and federal laws and regulations;

The applicant shall furnish evidence of the obtainment of a license from the Pennsylvania Department of Transportation, Bureau of Aviation, prior to the approval of the special exception application;

The applicant shall furnish evidence of the techniques that will be used to employ "fly neighborly" guidelines to avoid adverse audiovisual impacts to nearby residents and livestock;

No part of the takeoff/landing pad shall be located nearer than 300 feet from any lot line; and

The heliport may include auxiliary facilities, such as fueling and maintenance equipment.

§ 380-86 Historic structure conversions.

Within the (LDR, TR, MFR, MU, CBD and HC) Zones, historic structure conversions are permitted by special exception, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter, including but not limited to those general criteria contained within § 380-139B(2) and specifically as follows;

The proposed use will enable the preservation, restoration or rehabilitation of the historic structure, as defined herein. The applicant is required to submit expert evidence that any alterations, improvements, extensions, additions or other modifications to the historic structure will be accomplished in a manner that does not jeopardize the historic status of the site and/or its structures;

The proposed use is compatible with the surrounding area. In determining compatibility, the Borough shall consider the likely impacts of the proposed use, including but not limited to traffic, lighting, noise, litter, activity levels, buffer and screen plantings, signs, hours of operation and the number of proposed employees. The Borough shall also consider any public health and safety impacts that will be generated by the proposed use. All uses must demonstrate adequate means of water supply and sewage disposal. These characteristics of the proposed use will be evaluated within the context of the property considering the nature and character of the surrounding area, topography, pedestrian and vehicular access, and any other relevant factors or circumstances;

The proposed use is consistent with the purpose of the underlying zone and it satisfies all applicable requirements of the underlying zone and any specific criteria attached to the proposed use as listed within this Article IV of the Zoning Ordinance. The Borough shall deny or reject any proposal if, in its judgment, such proposed use is incompatible with the zone and the neighborhood in which the subject property is located. As required, land development approvals must be obtained;

All proposed off-street parking, off-street loading and waste storage containers shall be screened from adjoining roads, residences and properties within the (LDR, TR, MFR, MHP and MU) Zones; and

§ 380-87 Home improvement, equipment rental and building supply stores.

Within the (HC, LI and HI) Zones, home improvement, equipment rental and building supply stores are permitted by special exception, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter, including but not limited to those general criteria contained within § 380-139B(2) and the following specific criteria;

If the subject property contains more than two acres, it shall front along an arterial or collector road as listed in Chapter 318, Subdivision and Land Development;

The sales area shall be all areas open for public display, including, but not limited to, shelves, racks, bins, stalls, tables, and booths, plus any adjoining aisles or walkways from which consumers can inspect items for sale. The sales area shall include both interior and exterior areas as listed above;

Off-street parking shall be provided at the rate of one space for each 200 square feet of interior sales area, plus one space for each 500 square feet of exterior sales area;

All exterior sales areas shall include a dust-free surface and a completely enclosed minimum six-foot-high fence and gate;

All exterior storage and sales areas (exclusive of nursery and garden stock) shall be located within a side and/or rear yard, and shall be screened from adjoining roads and properties;

The applicant shall furnish expert evidence that any exterior amplified public address system and/or exterior lighting has been arranged and designed so as to comply with §§ 380-36 and 380-33 of this chapter, respectively;

Any drilling, cutting, sawing, mixing, crushing, or some other preparation of building materials, plus any testing or repair of motorized equipment, shall be conducted within a completely enclosed building; and

For uses with more 100 off-street parking spaces, a traffic study shall be prepared by a professional traffic engineer, in accordance with § 380-42 of this chapter.

§ 380-88 Home occupations.

Within the (LDR, TR, MFR, MHP, MU, CBD and HC) Zones, home occupations are permitted accessory uses by right, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter, including but not limited to the following specific criteria;

In the (MU, CBD and HC) Zones, no more than two nonresident employees shall be employed on site; in the (LDR, TR, MFR and MHP) Zones, all employees must reside on the site. For the purposes of this section, employees shall be those regularly engaged on the premises; off-site employees who only occasionally visit the site shall not be limited;

Only one home occupation shall be conducted per dwelling unit, and such home occupation shall be incidental to the principal residential use;

In addition to the required parking spaces for the dwelling unit, one parking space for each nonresident employee and patron on site at one time shall be provided. Sufficient off-street parking, as required by the use that is located and designed to blend with the character of nearby parking within the neighborhood, shall be provided;

No storage or display of goods shall be visible from outside of the dwelling and the exterior residential appearance of the dwelling shall be maintained;

The area used for the conduct of a home occupation shall occupy no more than 25% of the habitable floor area of the dwelling unit, or 500 square feet, whichever is less. All home occupation activities shall be conducted within the dwelling building;

No manufacturing, repairing, or other mechanical work shall be performed in any open area. Such activity shall be conducted in such a way that no noise, odor, vibration, electromagnetic interference, or smoke shall be noticeable at or beyond the lot line;

No external storage of materials or products shall be permitted. No storage in accessory structures or attached garages shall be permitted;

Retail sales are not permitted as a home occupation, with the following exceptions:

(1)

The sale of items subordinate to the conduct of the home occupation or items used in the home occupation, such as the sale of beauty supplies used by the proprietor of a beauty salon conducted as a home occupation.

(2)

Orders previously made by telephone, by appointment, or at a sales party may be filled at the site of the home occupation. There shall be no direct sales of products from display shelves or racks, but a person may pick up an order placed earlier as described above. Parties or other invited or advertised gatherings for the purpose of selling merchandise or taking orders shall not be held more than one time in any thirty-day period at the site of the home occupation.

No explosive or highly combustible materials shall be used or stored on the premises;

The use shall not require the delivery of materials and goods by trucks larger than standard panel trucks;

A home occupation shall only generate waste products or material of a quality or quantity normally associated with a residential use; and

The applicant shall demonstrate that sufficient water and sewage disposal service is available for the home occupation. If the property is served by public water or public sewer service, the applicant shall provide confirmation from the service provider(s) that capacity is available to adequately serve the home occupation. If the property is served by on-lot sewage disposal, the applicant shall provide written confirmation from the Sewage Enforcement Officer that the existing on-lot systems are adequate to serve the home occupation.

§ 380-89 Hospitals and related uses.

Within the (HI) Zone, hospitals and related uses are permitted by special exception, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter, including but not limited to those general criteria contained within § 380-139B(2) and specifically as follows;

Minimum lot area: five acres;

The subject property shall have frontage along and vehicular access onto an arterial or collector road as listed in Chapter 318, Subdivision and Land Development;

Adequate provision shall be made for a system of roads sufficient to accommodate predictable vehicular traffic, and to ensure safe and efficient vehicular access for emergency management equipment. A traffic study shall be required, in accordance with § 380-42 of this chapter;

Emergency entrances shall be located on a building wall which faces away from adjoining residentially zoned properties, or is separated by at least 500 feet from properties within the (LDR, TR, MFR, MHP and MU) Zones;

Public sewer and public water utilities shall be utilized;

Materials and waste handling. All uses shall be required to provide detailed information regarding materials and waste handling, including:

(1)

Listing of all materials to be both used or produced on the site;

(2)

Listing of all wastes generated on the site; and

(3)

Evidence shall be provided indicating that the disposal of all materials and wastes will be accomplished in a manner that complies with state and federal regulations. Such evidence shall, at a minimum, include copies of contracts with waste haulers licensed to operate within the county which have been contracted to dispose of the materials and wastes used or generated on-site or some other legal means of disposal. The zoning permit for this use shall remain valid only so long as such contracts remain in effect and all materials and wastes are properly disposed of on a regular basis. Should the nature of the use change in the future, such that the materials used or wastes generated changes significantly either in type or amount, the owner shall so inform the Zoning Officer, and shall provide additional evidence demonstrating continued compliance with the requirements of this section.

Where more than one of the uses enumerated in Subsection I below are proposed, either at one time or separately over time, integrated site function and design shall be required consistent with the creation of a campus-like environment;

Permitted uses.

(1)

Commercial day-care facilities;

(2)

Commercial schools with exclusively health-care-related curricula intended to prepare enrolled students for careers in health care, nursing schools, and other allied health technology training programs;

(3)

Health, fitness and recreation clubs;

(4)

Hospitals and hospices;

(5)

Intermediate care and skilled nursing facilities;

(6)

Medical and dental offices;

(7)

Outpatient health services, including, but not limited to, laboratories, radiological and diagnostic imaging services, blood banks, outpatient surgery centers, and outpatient clinics and patient care facilities;

(8)

Accessory buildings, uses and services customarily incidental to the above uses, including, but not limited to, the following:

(a)

Administrative offices;

(b)

Municipal uses and essential services (e.g., private central utility plant, electrical switching facility, steam-generation facility, heating facility, ventilation facility, and oxygen facility);

(c)

Automobile parking lots and parking garages;

(d)

Housing for students, employees and their families in accordance with the standards of the (MFR) Zone;

(e)

Lodging facilities for patients and their families;

(f)

Retail sales of medical/health-care-related supplies (e.g., durable medical equipment, prosthetics, pharmaceutical supplies) and retail sales/service for the convenience of employees, patients and visitors (e.g., uniforms, flowers, gifts, uniform cleaning, barber/beauty salons, automatic teller banking, restaurants). All retail sales and services shall be located within buildings in which other permitted uses are located. Retail sales and services may not exceed 5% of the floor area of existing buildings within this zone;

(g)

Short-term, intermittent educational programs which are not intended to prepare students for careers in health care, but, rather, are intended to inform employees, patients, health-care providers, or the public regarding health-care issues;

(h)

Helistop [see Subsection J(1)]; and

(i)

Incinerators and autoclaves [see Subsection J(2)].

Specific requirements for selected accessory uses.

(1)

Helistops. The helistop shall only be used for the emergency transport by helicopter of patients to or from other permitted health-care-related uses. The helistop shall not include auxiliary facilities, such as fueling and maintenance equipment. The helistop shall be set back a minimum of 300 feet from any adjoining property and any street. The applicant must demonstrate compliance, through a written statement, and continue to comply with applicable state and federal standards; and

(2)

Incinerators and autoclaves. Only the processing of waste generated on site is permitted. All processing and storage of waste shall be conducted within a completely enclosed building. All storage of waste shall be in a manner that is leak- and vector- proof. No storage of waste shall exceed seven days in length. The incinerator shall be set back at least a distance equal to its height from all lot lines. The applicant must demonstrate compliance, through a written statement, and continue to comply with all applicable state and federal standards and regulations.

Maximum permitted height. The maximum permitted height is 90 feet, provided that an additional two feet of required building setback shall be provided for each one foot of height for that portion of building height exceeding 45 feet. Furthermore, any building with floor space exceeding 45 feet in height shall require the applicant to obtain a letter from the Borough Emergency Management Coordinator indicating that adequate provision has been made for firefighting and rescue activities. Any building over 35 feet must comply with § 380-23, Airport Safety Zone, of this chapter;

The applicant shall furnish a description of the effect of the proposed use on the delivery of ambulance service. This description shall include a letter from the agency(ies) responsible for first-due ambulance service in the Borough. Such letter shall describe the adequacy/inadequacy of existing facilities and services to accommodate the proposed use, and any suggestions that might enhance ambulance service. Should it be determined that the proposed use would overburden local ambulance service, the Borough may attach conditions of approval that seek to assure adequate levels of service.

§ 380-90 Junkyards.

Within the (HI) Zone, junkyards are permitted by special exception, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter, including but not limited to those general criteria contained within § 380-139B(2) and specifically as follows;

Minimum lot area: 10 acres;

The outdoor area devoted to the storage of junk shall be completely enclosed by a minimum eight-foot-high, sight-tight fence or wall which shall be set back at least 50 feet from all lot lines;

The setback area between the fence and the lot lines shall be kept free of junk storage, weeds and all scrub growth and shall be devoted to landscaping and screening in accordance with § 380-44 of this chapter;

All buildings used to store junk shall be completely enclosed and set back at least 50 feet from all lot lines;

No material may be stored or stacked exceeding a height of eight feet or so that it is visible from adjoining properties and roads;

All additional federal and state laws shall be satisfied;

All junk shall be stored or arranged so as to permit access by firefighting equipment with vehicle access lanes of no less than 12 feet in width spaced no more than 500 feet apart at the greatest separation distance. Such access lanes shall be kept free from obstruction at all times;

The manner of storage and arrangement of junk, and the drainage facilities of the premises shall prevent the accumulation of stagnant water upon the premises, and no inflammable liquid shall be permitted to remain in any junked container, whether the container is a separate item or is an integral part of, another item, at any time;

No material shall be burned at any time;

Junkyards shall be maintained in such a manner as to cause no public or private nuisance, nor to cause any offensive or noxious sounds or odors, nor to cause the breeding or harboring of rats, flies, mosquitoes or other vectors;

No junk shall be located on land with a slope in excess of 5%;

No junkyard shall be located within 200 feet of any land within the (LDR, TR, MFR, MHP or MU) Zones; and

Upon approval of a special exception for a junkyard, the Zoning Officer shall issue a temporary certificate of use and occupancy. Such temporary certificate of use and occupancy shall be reviewed every 12 months until such time as the junkyard ceases to exist. A fee, in the amount to be set by the Borough Council, shall be paid by the landowner upon each renewal of the temporary certificate of use and occupancy. Such fee shall be based upon the cost of the annual review of the temporary certificate of use and occupancy.

§ 380-91 Kennels.

Within the (HI) Zone, kennels are permitted by special exception, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter, including but not limited to those general criteria contained within § 380-139B(2) and specifically as follows;

The following lists minimum required lot sizes and required setbacks based upon the number of animals kept:

Type and Number of Animals Kept	Minimum Required Lot Area (acres)	Minimum Required Setback of Unenclosed Animal Boarding Buildings, Pens, Stalls, Runways, and Running Areas from the Nearest Lot Line (feet)
1 dog to 50 dogs	2	150
1 to a maximum of 200 animals, other than dogs	2	150
1 dog to 50 dogs, plus 1 to a maximum of 200 animals, other than dogs	2	150
More than 50 dogs	5	300
More than 50 dogs, and/or more than 200 animals, other than dogs	5	300

The applicant shall explain those measures that will ensure that the proposed use will comply with the noise regulations listed in § 380-36 of this chapter;

The applicant must furnish a plan for the storage and disposal of deceased animals within 24 hours of an animal's death;

If applicable, the applicant must demonstrate evidence of compliance with the Pennsylvania Dog Law;[1]

[1]

Editor's Note: See 3 P.S. § 459-101 et seq.

The applicant must explain measures to be used to ensure that all animal wastes shall be regularly cleaned up and properly disposed of to prevent odors and unsanitary conditions; and

The applicant is required to submit written information indicating that the disposal of all materials and wastes will be accomplished in a manner that complies with state and federal regulations.

§ 380-92 Man-made lakes, dams, ponds, and impoundments.

Within the (LDR, MFR, MHP, HC, LI and HI) Zones, man-made lakes, dams, ponds and impoundments are permitted by right, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter, including but not limited to those specifically as follows;

All lakes, dams, ponds, and impoundments located along, and connected to, a stream that involve any of the following, shall require a permit from the PA DEP, Bureau of Dams and Waterways, Division of Dam Safety, or a letter indicating that the proposed use does not require a PA DEP permit:

(1)

The lake, dam, pond, or impoundment contains a volume of at least 50 acre feet;

(2)

The dam reaches a height of 15 feet; and

(3)

The lake, dam, pond, or impoundment impounds the water from a watershed of at least 100 acres.

(4)

Those uses that do not exceed the preceding thresholds are subject to the requirements listed in § 380-102 of this chapter.

All such lakes, dams, ponds, and impoundments shall be located 50 feet from all adjoining lot lines, as measured from the closest point of the adjoining lot line to the maximum anticipated water surface elevation;

All lakes, dams, ponds, and impoundments not contiguous to a stream that have an intake, outlet, or both, and/or have an embankment within 50 feet of a stream shall require the obtainment of a permit from the PA DEP Bureau of Dams and Waterways Division of Waterways and Stormwater Management;

All other lakes, dams, ponds, and impoundments require the submission of a statement and seal by a qualified engineer that the proposed use is properly constructed and will not pose a threat to the public safety nor the environment during normal flow conditions and those associated with the base flood. All dams shall be constructed to a height of one foot above the water surface elevation occurring during the base flood;

All lakes, dams, ponds, and impoundments, including stormwater management basins, shall be located a minimum of 50 feet from any subsurface sewage disposal system or well;

Fencing. All ponds constructed within areas subject to livestock shall be enclosed by fencing that prevents livestock from trampling the pond's shores and polluting the waters; and

Maintenance. All ponds shall be regularly maintained, and floating debris shall be removed from all pipes and spillways. All ground cover shall be trimmed. Weeds, brush and trees shall not be permitted to grow on the dam or spillway.

§ 380-93 Manufactured home parks.

Within the (MHP) Zone, manufactured home parks are permitted by right, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter, including but not limited to those specifically as follows;

The minimum parcel size for any manufactured home park development shall be 10 acres;

The maximum number of manufactured home units shall be limited to six per gross acre;

No single manufactured home lot/space shall contain less than 4,200 square feet;

No manufactured home, office or service building shall be located within:

(1)

Fifty feet of a park boundary;

(2)

Seventy-five feet of a public street right-of-way; and

(3)

Within 10 feet of the paved edge of a common parking area or common walkway.

Each manufactured home shall have a minimum front yard of 30 feet, rear yard of 25 feet, and two sides of 10 feet each. In no case shall the distance between any two manufactured homes be less than 20 feet;

A paved on-site walkway of a minimum width of four feet shall be provided to each manufactured home unit from an adjacent street;

There shall be a common walk system four feet wide throughout the development;

All roads in the park shall be private access drives, shall be lighted, and shall be paved with a bituminous or concrete surface at least:

(1)

Eighteen feet wide with no on-street parking;

(2)

Twenty-four feet wide with on-street parking along one side only; and

(3)

Thirty-two feet wide with on-street parking along both sides.

Each manufactured home lot shall abut on a park access drive with access to such access drive. Access to all manufactured home lots shall not be from public streets or highways;

Each manufactured home space shall contain no more than one manufactured home, nor more than one family;

No less than 10% of the total manufactured home park area shall be set aside for recreation and open space purposes. Such area may not include any of the required manufactured home park boundary area. No service buildings or offices may be constructed within the required recreation and open space area;

Each manufactured home lot shall have attachments for waste disposal, water supply facilities and electrical service, and such facilities shall be properly connected to an approved method of sewage disposal, and water and electrical supply;

Protective skirting shall be placed around the area between the ground surface and the floor level of each manufactured home so as to prevent that area from forming a harborage for rodents, creating a fire hazard, or exposing unsightly conditions;

No travel or vacation trailer or other form of temporary living unit shall be placed upon any manufactured home stand or used as a dwelling within the manufactured home park;

Individual manufactured home owners may install accessory or storage sheds, extensions and additions to manufactured homes and exterior patio areas. Any such facilities so installed shall not intrude into any required minimum front, side or rear yard, and in every case, shall substantially conform in style, quality and color to the existing manufactured homes;

Each manufactured home shall be provided with a minimum of two paved parking spaces, which shall be located on the manufactured home space. If on-street parking is not provided, one additional off-street parking space per unit shall be provided in a common visitor parking compound. Such visitor parking compounds shall be sized, arranged, and located so that the spaces are within 300 feet walking distance to those units served;

Each manufactured home shall be placed on a six-inch-thick poured concrete pad over a six-inch stone base, the length and width of which shall be at least equal to the length and width of the manufactured home it is to support; and

All manufactured home parks shall be screened from adjoining properties and roads. Screening methods shall be described and graphically depicted as part of the subdivision or land development application.

§ 380-94 Manure storage facilities.

Within any zone, manure storage facilities that are accessory to an agricultural or horticultural use are permitted by right, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter, including but not limited to those specifically as follows;

The applicant shall submit written evidence from a professional engineer licensed to practice within the Commonwealth of Pennsylvania that the design and construction of the manure storage facility shall be in accordance with the Pennsylvania Department of Environmental Protection's publication Manure Management Manual for Environmental Protection, and any revisions, supplements, and replacements thereof, published by the Pennsylvania Department of Environmental Protection;

All manure storage facilities associated with a concentrated animal operation or a concentrated animal feeding operation (both as defined herein) shall require written evidence of an approval of the applicant's nutrient management plan from the Lebanon County Conservation District or the Pennsylvania Conservation Commission under Title 25, Chapter 83, Subchapter D, of the Pennsylvania Department of Environmental Protection's Nutrient Management Rules and Regulations;

All manure storage facilities shall be operated and maintained in accordance with the Pennsylvania Department of Environmental Protection's publication Manure Management Manual for Environmental Protection, and any revisions, supplements, and replacements thereof, published by the Pennsylvania Department of Environmental Protection; and

Any design changes during construction or subsequent operation will require the obtainment of another zoning permit subject to the applicable regulations of this section.

§ 380-95 Mass transit and/or taxicab terminals.

Within the (HC, LI and HI) Zones, mass transit and/or taxicab terminals are permitted by special exception, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter, including but not limited to those general criteria contained within § 380-139B(2) and specifically as follows;

The applicant shall submit a Traffic Impact Report in accordance with § 380-42 of this chapter;

The applicant shall present qualified expert evidence as to how the use will provide for the expected demand for needed, off-street parking spaces for the proposed use. In addition, the applicant shall present evidence of the ability to provide additional off-street parking spaces, if demand increases. The applicant shall also present credible evidence that the number of "oversized," off-street, parking spaces provided for public transportation vehicles will be adequate to accommodate the expected demand generated by patrons. Any gates or other barriers used at the entrance to parking areas shall be set back and arranged to prevent vehicle backups onto adjoining roads during peak-arrival periods;

The subject property shall have a minimum of 200 feet of contiguous road frontage along an arterial road as listed in Chapter 318, Subdivision and Land Development;

The subject property shall be located no closer than 200 feet from any (LDR, TR, MFR, MHP or MU) Zones and/or property containing a school, day-care facility, park, playground, library, hospital, nursing, rest or retirement home, or medical residential campus;

All structures (including, but not limited to, air compressors, fuel pump islands, kiosks) shall be set back at least 50 feet from any street right-of-way line;

Access driveways shall be a minimum of 24 feet, and a maximum of 35 feet wide. All access drives onto the same road shall be separated by at least 150 feet from one another, as measured from closest points of cartway edges;

Trash and recycling receptacles shall be provided amid off-street parking areas which shall be routinely emptied. Furthermore, a working plan for the regular cleanup of litter shall be furnished and continuously implemented by the applicant;

All vehicle service and/or repair activities shall be conducted within a completely enclosed building. No outdoor storage of parts, equipment, lubricants, fuels, or other materials used or discarded in any service or repair operations shall be permitted;

The outdoor storage of unlicensed and uninspected vehicles is prohibited;

The applicant shall submit qualified evidence that the proposed use will comply with applicable air quality standards;

The demolition or junking of vehicles is prohibited. Demolished vehicles and/or parts thereof shall be removed within 30 days after arrival;

Any exterior public address system shall be designed and operated so that the audible levels of any messages conveyed over the system will not exceed the standards of § 380-36 of this chapter;

The applicant shall demonstrate compliance with § 380-33, Outdoor lighting, of this chapter; and

The applicant shall furnish evidence that the storage and disposal of materials and wastes will be accomplished in a manner that complies with all applicable state and federal regulations.

§ 380-96 Medical residential campuses.

Within the (MFR) Zones, medical residential campuses are permitted by special exception, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter, including but not limited to those general criteria contained within § 380-139B(2) and specifically as follows;

The campus shall primarily serve the needs of retirement-aged persons. At least one resident of each household shall be at least 50 years old, or possess some disability that can be treated within a setting like the medical residential campus;

The campus shall achieve a balanced residential/medical environment which cannot be achieved through the use of conventional zoning techniques;

Residences shall be functionally, physically and architecturally integrated with medical service and recreational activity centers;

Commercial, medical and recreational uses shall be grouped together and located near the populations being served;

The minimum land area devoted to the campus shall be 10 contiguous acres;

The site shall front on, and have access to, a major collector or arterial road as listed in Chapter 318, Subdivision and Land Development;

All buildings or structures containing nonresidential use(s), off-street parking lots and loading areas shall be set back at least 50 feet from all lot lines of the campus property;

The maximum permitted overall density is 10 dwelling units per acre. For purposes of this section, any two care beds associated with a medical use shall constitute one dwelling unit. No more than 50% of the total number of permitted dwelling units shall consist of care beds. For the purposes of this section, "care beds" shall be defined as any bed where a resident of the medical residential campus may sleep that is not part of a dwelling unit upon which the maximum permitted density is computed. Examples of care beds would include, but not be limited to those associated with medical and/or nursing care, or those associated with congregate or communal living quarters;

All buildings or structures used solely for residential purposes shall be set back at least 50 feet from all lot lines of the campus property;

The maximum permitted height is 60 feet, provided that an additional two feet of required building setback shall be provided for each foot above that portion of building height exceeding 35 feet. Any building exceeding 35 feet in height shall require the applicant to comply with § 380-23, Airport Safety Zone, of this chapter;

No more than 60% of the subject property shall be covered with buildings, parking and loading areas and/or other impervious surfaces;

Each off-street parking lot shall provide at least 10% of the total parking spaces for the physically handicapped. Furthermore, such parking spaces shall be located throughout the campus in such a manner to be conveniently accessible to the buildings/uses for which they are required; and

Only those uses which provide a harmonious, balanced mix of medical, residential, limited commercial, and recreational uses, primarily serving campus residents, and public, quasi-public and medical services for the off-campus retirement-aged community, will be permitted. Uses may include, but need not be limited to the following:

(1)

Dwelling, nursing homes, and congregate living facilities for the elderly or physically handicapped;

(2)

Medical facilities, including offices, laboratories, clinics, professional or paramedical training centers, and ambulatory care facilities;

(3)

Commercial uses which are strictly related and subordinate to the residential/medical character of the campus, and which directly serve the residents and employees of, or visitors to, the center. No outside advertising shall be permitted for such facilities. The uses should be chosen to reflect their local orientation to the immediate campus vicinity and should be of a size and scope so as not to interfere with existing or proposed retail uses located in the off-campus area;

(4)

Recreational and social uses, such as athletic facilities, community centers, and assembly halls, limited to use only by campus residents, employees or visitors.

The applicant must comply with all state requirements at all times.

§ 380-97 Methadone treatment facility.

Within the (HI) Zone, methadone treatment facilities are permitted by special exception, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter, including but not limited to those general criteria contained within § 380-139B(2) and specifically as follows;

A methadone treatment facilities shall not be permitted to be located within 1,000 feet of any other methadone treatment facilities;

No methadone treatment facilities shall be located within 1,000 feet of any land within the (LDR, TR, MFR, MHP or MU) Zones;

No methadone treatment facilities shall be located within 1,000 feet of any parcel of land which contains any one or more of the following specified land uses:

(1)

Amusement park;

(2)

Camp (for minors' activity);

(3)

Child-care facility;

(4)

Church or other similar religious facility;

Community center;

Museum;

Park;

Playground;

School; or

Other lands where minors congregate.

The distance between any two methadone treatment facilities shall be measured in a straight line, without regard to intervening structures, from the closest point on the exterior parcel line of each establishment. The distance between any methadone treatment facilities and any land use specified above shall be measured in a straight line, without regard to intervening structures, from the closest point on the exterior lot line of methadone treatment facility to the closest point on the lot line of said land use.

§ 380-98 Mining, quarrying and related processing operations.

Within the (HI) Zone, mining, quarrying and related processing operations, including the recycling of related materials, are permitted by special exception, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter (except as may be limited by § 380-3D of this chapter), including but not limited to those general criteria contained within § 380-139B(2) and specifically as follows;

General. Quarries and mineral extraction-related uses, including the recycling of related materials operations:

(1)

May not substantially injure or detract from the lawful existing or permitted use of neighboring properties;

(2)

May not adversely affect any public or private water supply source;

(3)

May not adversely affect the logical, efficient, and economical extensions of public services, facilities and utilities throughout the Borough;

(4)

May not create any significant damage to the health, safety, welfare of the Borough and its residents and property owners;

(5)

May not result in the land area subject to quarrying being placed in a condition which will prevent the use of that land for economically and ecologically productive uses upon completion of the quarry operation; and

(6)

Must demonstrate compliance with all applicable state regulations at all times.

Site plan requirements. As a part of each application, the applicant shall furnish an accurately surveyed site plan on a minimum scale of one inch equals 200 feet and a maximum scale of one inch equals 2,000 feet, showing the location of the tract or tracts of land to be affected by the operation. The surveyed site plan shall be certified by a registered professional engineer or a registered professional land surveyor with assistance from experts in related fields and shall include the following:

(1)

The boundaries of the proposed land affected, together with the drainage area above and below the area.

(2)

The location and names of all streams, roads, railroads and utility lines on or immediately adjacent to the area.

(3)

The location of all buildings within 1,000 feet of the outer perimeter of the area affected and the names and addresses of the owners and present occupants.

(4)

The purpose for which each building is used.

(5)

The name of the owner of the affected area and the names of adjacent landowners, the municipality and the county.

Minimum lot area: 50 acres;

Fencing.

(1)

Operations that have a highwall, as defined herein, 15 feet, or higher, shall be required to enclose the actual area of mining with a minimum eight-foot-high chain-link fence and like latching gates. Operations with no highwalls, or highwalls of less than 15 feet high, shall be required to enclose the area of mining with a minimum forty-seven-inch-high, minimum 11 gauge woven-wire fence that has openings no larger than six inches in any direction and has posts at intervals of no more than 10 feet. All woven-wire fences shall be equipped with latching minimum six bar tube or panel gates, at vehicular access points;

(2)

All gates shall be latched at times when the site is unattended. The Borough will accept departures from the above-described fence/gate specifications only if the applicant can demonstrate that the proposed fence/gate will achieve an equal or higher level of protection;

(3)

Along all fences, the applicant will be required to post and maintain "No Trespassing" and/or "Danger" signs at intervals of no less than one sign per each 100 lineal feet of fence/gate. Such signs shall be no larger than two square feet per sign and shall not be posted higher than five feet above grade. All fences/gates shall be maintained in good condition and shall not be allowed to become deteriorated or unsightly;

(4)

There shall be no advertising placed upon the fencing/gate, except as may be permitted in § 380-45 of this chapter.

Setbacks. Table 380-98F, Minimum Setbacks for Quarry-Related Features, identifies minimum setbacks imposed upon specific features of the quarry and other extractive-related uses from adjoining and/or nearby uses.[1]

[1]

Editor's Note: Said table is included as an attachment to this chapter.

Vehicular access. Vehicular access shall be arranged as to minimize danger and congestion along adjoining roads and to avoid the creation of nuisances to nearby properties. Access drives used by trucks shall only intersect with collector or arterial roads.

(1)

All access drives shall be designed and located so as to permit the following minimum sight distances measured from a point at least 10 feet behind the curbline or edge of cartway of an intersecting public street. No sight obstructions shall be permitted which are greater than three feet or less than 10 feet above the street surface.

	Speed Limitation on Public Street (mph)	Required Sight Distance (feet)
	25	240
	30	275
	35	315
	40	350
	45	426
	50	475
	55	550

(2)

All access drives serving the site shall have a paved, minimum thirty-five-foot-wide cartway for a distance of at least 200 feet from the intersecting street right-of-way line. In addition, a fifty-foot-long gravel section of access drive should be placed just beyond the preceding two-hundred-foot paved section to help collect any mud that may have attached to a vehicle's wheels;

(3)

In general, access drives shall intersect public streets at 90° as site conditions permit; however, in no case shall access drives intersect public streets at less than 70°. Said angle shall be measured from the center line of the street to the center line of the access drive.

Traffic impact. The applicant shall furnish a traffic impact study prepared in accordance with § 380-42 of this chapter;

Reclamation. The applicant shall demonstrate compliance with Section 7(c) of the Pennsylvania Act No. 1984-219,[2] as may be amended. The applicant shall provide a detailed description of the proposed use of the site once reclamation has been completed, including a description of any zoning and/or subdivision approvals or remedies that would be necessary to accommodate the proposed use. A planting plan shall also be required for areas of the reclaimed site that are not to be underwater. Such plan shall demonstrate the covering of the site with sufficient arable soil that can stabilize the site with a vegetative ground cover that prevents excessive soil erosion and will support a mix of indigenous vegetation. Finally, the applicant shall provide written notification to the Borough within 30 days, whenever a change in the reclamation plan is proposed to the PA DEP;

[2]

Editor's Note: See 52 P.S. § 3307(c).

Buffering and screening. A minimum one-hundred-foot-wide buffer strip shall be located along all lot lines. No structures, storage, parking, or any other related activity or operation shall be permitted within this buffer strip. All uses shall be screened from adjoining roads and properties. Such screening shall be comprised of an earthen berm at least 10 feet in height. Such berm shall be located on the subject property and placed so as to maximize the berm's ability to absorb and/or block views of, and the noise, dust, smoke, etc. generated by, the proposed use. The berm shall be completely covered and maintained in an approved vegetative ground cover. Along any adjoining lot line and road shall be located a minimum ten-foot-wide landscape screen. Such landscape screen shall consist of evergreen shrubs and trees arranged to form both a low-level and a high-level screen. The high-level screen shall consist of deciduous and evergreen trees of not less than five feet in height at the time of planting that shall be planted at intervals of not more than 10 feet. The low-level screen shall consist of evergreen trees and shrubs of not less than three feet in height at the time of planting that shall be planted at intervals of not more than five feet. The landscape screen shall be located outside of the fence required by Subsection E of this section and must be permanently maintained; and

Operations progress report. Within 90 days after commencement of surface mining operations, and each year thereafter, the operator shall file an operations and progress report with the Zoning Officer setting forth all of the following:

(1)

The name or number of the operation;

(2)

The location of the operation with reference to the nearest public road;

(3)

A description of the tract or tracts, including a site plan showing the location of all improvements, stockpile, quarry pits, etc.;

(4)

The name and address of the landowner or his duly authorized representative;

(5)

An annual report of the type and quantity of mineral produced;

(6)

The current status of the reclamation work performed in pursuance of the approved reclamation plan;

(7)

A maintenance report for the site that verifies that all required fencing, berming and screening has been specifically inspected for needed repairs and/or maintenance, and that such needed repairs and/or maintenance has been performed; and

(8)

Verification that the proposed use continues to comply with all applicable state regulations. The operation shall furnish copies of any approved permits and/or any notices of violation issued by the Pennsylvania Department of Environmental Protection.

Water restoration. In accordance with Section 11(g) of the Pennsylvania Noncoal Surface Mining and Conservation and Reclamation Act,[3] any mining/processing operation that affects a public or private water supply due to contamination, interruption, or diminution shall restore or replace the affected water supply with an alternate source of water adequate in quantity and quality for the purposes served by the affected supply; and

[3]

Editor's Note: See 52 P.S. § 3311(g).

Maximum permitted height. No piling of spoiled materials and/or waste materials shall exceed a height of 50 feet above the natural unexcavated grade. Such pilings must be periodically and sufficiently covered with earth and the seed of a year-round ground cover in order to achieve a stable condition.

§ 380-99 Mini-warehouses.

Within the (HC, LI and HI) Zones, mini-warehouses are permitted by special exception, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter, including but not limited to those general criteria contained within § 380-139B(2) and specifically as follows;

One off-street parking space shall be provided for each 25 storage units, plus one per each 250 square feet of office space, plus two per any residential use associated with an on-site manager;

Parking shall be provided by parking/driving lanes adjacent to the buildings. These lanes shall be at least 26 feet wide when cubicles open onto one side of the lane only, and at least 30 feet wide when cubicles open onto both sides of the lane;

Required parking spaces may not be rented as, or used for, vehicular storage. However, additional external storage area may be provided for the storage of privately owned recreation vehicles, so long as such external storage area is screened from adjoining land within the (LDR, TR, MFR, MHP or MU) Zones and adjoining roads, and is located behind the minimum front yard setback line. This provision shall not be interpreted to permit the storage of partially dismantled, wrecked, or inoperative vehicles;

Except as noted above, all storage shall be kept within an enclosed building except that the storage of flammable, highly combustible, explosive or hazardous chemicals shall be prohibited. Any fuel tanks and/or machinery or other apparatuses relying upon such fuels shall be stored only in an external storage area as described above;

Because of the danger from fire or explosion caused by the accumulation of vapors from gasoline, diesel fuel, paint, paint remover, and other flammable materials, the repair, construction, or reconstruction of any boat, engine, motor vehicle, or furniture is prohibited;

No door openings for any mini-warehouse storage unit shall be constructed facing any property within the (LDR, TR, MFR, MHP or MU) Zones;

Mini-warehouses shall be used solely for the dead storage of property. The applicant shall adequately demonstrate that all mini-warehouses rental and/or use contracts shall specifically prohibit the following examples of uses expressly prohibited upon the site:

(1)

Auctions, commercial wholesale or retail sales, or garage sales;

(2)

The servicing, repair, or fabrication of motor vehicles, boats, trailers, lawn mowers, appliances, or other similar equipment;

(3)

The operation of power tools, spray-painting equipment, table saws, lathes, compressors, welding equipment, kilns, or other similar equipment;

(4)

The establishment of a transfer and storage business;

(5)

Any use that is noxious or offensive because of odors, dust, noise, fumes, or vibrations.

The mini-warehouses will be surrounded by a six-foot to eight-foot-high fence; and

All outdoor lights shall be shielded to direct light and glare only onto the site and may be of sufficient intensity to discourage vandalism and theft. Said lighting and glare shall be deflected, shaded and focused away from all adjoining property. The applicant shall demonstrate compliance with § 380-33 of this chapter.

§ 380-100 Nightclubs.

Within the (CBD, HC, LI and HI) Zones, nightclubs are permitted by special exception, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter, including but not limited to those general criteria contained within § 380-139B(2) and specifically as follows;

No part of the subject property shall be located within 200 feet of any land within the (LDR, TR, MFR, MHP or MU) Zones;

The applicant shall furnish evidence that the proposed use will not be detrimental to the use of adjoining properties due to hours of operation, light and/or litter;

The applicant shall furnish evidence as to how the use will be controlled as to not constitute a nuisance due to noise or loitering outside the building; and

An acceptable working plan for the cleanup of litter shall be furnished and implemented by the applicant.

§ 380-101 Nursing, rest or retirement homes.

Within the (LDR, TR, MFR, and MU) Zones, nursing, rest or retirement homes are permitted by special exception, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter, including but not limited to those general criteria contained within § 380-139B(2) and the following specific criteria;

Minimum lot area. Except within the (MU) Zone, one acre, and further provided that no more than 17 resident patients or resident guests shall be permitted per acre of lot area;

The applicant shall furnish evidence that an approved means of sewage disposal and water supply shall be utilized;

Off-street parking lots and loading areas shall be screened from adjoining lands within the (LDR, TR, MFR, MHP and MU) Zones; and

At least 10% of required parking spaces shall be designed for handicapped persons, as prescribed in § 380-38I of this chapter.

§ 380-102 Ornamental ponds and wading pools.

Within any zone, ornamental ponds and wading pools are accessory uses permitted by right, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter, including but not limited to those specifically as follows;

Such uses shall comply with all side and rear yard accessory use setbacks, and principal front yard setbacks;

No such impoundment shall contain more than 337.5 cubic feet of water (2,530 gallons). No such impoundment shall have a length or diameter exceeding 15 feet nor a maximum depth exceeding 1 1/2 feet;

All ponds, pools or other impoundments exceeding the requirements of this section shall be considered as "man-made lakes, dams and impoundments," and are subject to the criteria listed in § 380-92 of this chapter;

All such ponds or pools shall be maintained so as to not pose a nuisance by reason of odor, or the harboring of insects; and

No such pond(s) shall be used for the commercial hatching of fish or other species.

§ 380-103 Outdoor residential athletic courts.

Within the (LDR, TR and MFR) Zones, outdoor athletic residential courts are an accessory use to a residence permitted by right, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter, including but not limited to the following specific criteria;

All courts and required fences shall be set back at least the following minimum distances from any adjoining lot line to prevent the trespass of balls or other play objects onto adjoining properties:

Zone	Minimum Court Setback (feet)	Minimum Fence Setback (feet)
LDR	10	10
TR and MU	5	5
MFR	20	20

Any lighting fixtures shall comply with § 380-33 of this chapter.

§ 380-104 Outdoor shooting ranges.

Within the (HI) Zone, outdoor shooting ranges are permitted by special exception, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter, including but not limited to those general criteria contained within § 380-139B(2) and specifically as follows;

The applicant shall submit a detailed written description of the methods used to ensure that outdoor shooting range operations:

(1)

Do not substantially injure or detract from the lawful existing or permitted use of neighboring properties;

(2)

Do not substantially damage the health, safety or welfare of the Borough, or its residents and property owners;

(3)

Comply with all applicable state and local laws, rules and regulations regarding the discharge of a firearm;

(4)

Store ammunition only in an approved secure vault;

(5)

Limit the number of shooters to the number of firing points or stations identified on the development plan;

(6)

Require all shooters to satisfactorily complete an orientation safety program given in accordance with the Pennsylvania Game Commission, or show a valid hunting permit or gun permit, before they are allowed to discharge firearms without supervision;

(7)

Prohibit the consumption of alcoholic beverages within the area approved as the shooting range; and

(8)

Limit firing to the hours between one hour after official sunrise and one hour preceding official sunset.

A development plan shall identify the safety fan for each firing range. The safety fan shall include the area necessary to contain all projectiles, including direct fire and ricochet. The safety fan configuration shall be based upon qualified expert testimony regarding the trajectory of the bullet, and the design effectiveness of berms, overhead baffles, or other safety barriers to contain projectiles to the safety fan;

The firing range, including the entire safety fan, shall be enclosed with a six-foot-high, nonclimbable fence to prevent unauthorized entry into the area. Range caution signs with eight-inch-tall, red letters on a white background shall be posted at a maximum of one-hundred-foot intervals around the range perimeter. Signs shall read "SHOOTING RANGE AREA. KEEP OUT!";

Range flags shall be displayed during all shooting activities. Range flags shall be located in a manner visible from entrance drives, target areas, range floor, and the perimeter of the safety fan;

All surfaces located within the safety fan, including the backstop, overhead baffles, berms, and range floor, shall be free of hardened surfaces, such as rocks or other ricochet-producing materials;

All shooting range facilities, including buildings, parking, firing range, and safety fan shall be set back a minimum of 100 feet from the lot line and street right-of-way;

The applicant shall present credible evidence that the sounds of shooting comply with § 380-36 of this chapter;

Off-street parking facilities shall be provided with a ratio of 1 1/2 spaces per firing station, but not less than one space for each four seats; and

No part of a shooting range property shall be located within 1,000 feet of any land within a (LDR, TR, MFR, MHP or MU) Zones.

Within the (HC, LI and HI) Zones, passenger motor and recreational vehicle sales, leasing, service and repair facilities, including, but not limited to, auto mechanics, drive-through lubrication services, tires, auto paint, brake, muffler, transmission, windshield, auto body, detailing, car radio and upholstery shop are permitted by right, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter, including but not limited to the following specific criteria;

All service and/or repair activities shall be conducted within a completely enclosed building;

All uses involving drive-through service shall provide sufficient on-site stacking lanes to prevent vehicle backups on adjoining roads;

No outdoor storage of parts, equipment, lubricants, fuel or other materials used or discarded, as part of the service or repair operation, shall be permitted;

All exterior vehicle storage areas shall be screened from adjoining residentially zoned properties and roads;

The storage of unlicensed vehicles for more than 60 days is prohibited;

Any ventilation equipment outlets associated with the service/repair work area(s) shall not be directly toward any adjoining property within the (LDR, TR, MFR, MHP or MU) Zones;

All vehicles shall be repaired and removed from the premises promptly; and

The demolition or junking of automobiles is prohibited.

§ 380-106 Power generation facilities.

Within the (LI and HI) Zones, power generation facilities as a principal use are permitted by special exception, use, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter, including but not limited to those general criteria contained within § 380-139B(2) and specifically as follows;

Any processing and/or treatment of materials (including but not limited to incineration, composting, steaming, shredding, compaction, material separation, refuse derived fuel, pyrolysis, etc.) shall be conducted within a wholly enclosed building;

No materials or waste shall be deposited, stored or disposed of, and no building or structure shall be located, within 200 feet of any lot line, and 500 feet of any adjoining land within the (LDR, TR, MFR, MHP or MU) Zones;

Any external area used for the unloading, transfer, storage, or deposition of material or waste must be completely screened from view at the lot line. (The use of an earthen berm is encouraged where practicable.) In addition, such areas must also be completely enclosed by a minimum eight-foot-high fence, with no openings greater than two inches in any direction;

The applicant must demonstrate compliance (through a written statement) and continue to comply with all applicable state and federal standards and regulations;

The use shall be screened from all adjoining land within the (LDR, TR, MFR, MHP or MU) Zones;

All uses shall provide sufficiently long stacking lanes into the facility, so that waiting vehicles will not back up onto public roads;

All access drives onto the site shall be paved for a distance of at least 200 feet from the street right-of-way line. In addition, if portions of on-site access drives are unpaved, then a fifty-foot long gravel section of driveway shall be placed just beyond the preceding two-hundred-foot paved section to help collect any mud that may have attached to a vehicle's wheels;

Access to the site shall be limited to those posted times when an attendant is on duty. All areas of the site shall be protected by locked barricades, fences, gates or other positive means designed to deny access to the area at unauthorized times or locations;

Litter control shall be exercised to prevent the scattering of wind-borne debris, and a working plan for the cleanup of litter shall be submitted to the Borough;

The unloading, processing, treatment, transfer, and disposal of material/waste shall be continuously supervised by a qualified facility operator;

Any waste that is to be recycled shall be stored in leak- and vector-proof containers. Such containers shall be designed to prevent their being carried by wind or water. These containers shall be stored within a completely enclosed building;

All storage of material or waste shall be indoors in a manner that is leak- and vector- proof. During normal operation, no more waste shall be stored on the property than is needed to keep the facility in constant operation; but, in no event for more than 72 hours;

A contingency plan for the disposal of waste during a facility shutdown shall be submitted to the Borough;

All structures shall be set back at least a distance equal to their height;

If the facility is to rely upon nonpublic sources of water, a water feasibility study will be provided to enable the municipality to evaluate the impact of the proposed development on the groundwater supply and on existing wells. The purpose of the study will be to determine if there is an adequate supply of water for the proposed development and to estimate the impact of the new development on existing wells in the vicinity. No use shall be approved without sufficient water and/or for a use that poses adverse impact on existing wells in the vicinity. A water feasibility study shall include the following minimum information:

(1)

Calculations of the projected water needs;

(2)

A geologic map of the area with a radius of at least one mile from the site;

(3)

The location of all existing and proposed wells within 1,000 feet of the site, with a notation of the capacity of all high-yield wells;

(4)

The location of all existing on-lot sewage disposal systems within 1,000 feet of the site;

(5)

The location of all streams within 1,000 feet of the site and all known point sources of pollution;

(6)

Based on the geologic formation(s) underlying the site, the long-term safe yield shall be determined;

(7)

A determination of the effects of the proposed water supply system on the quantity and quality of water in nearby wells, streams, and the groundwater table; and

(8)

A statement of the qualifications and the signature(s) of the person(s) preparing the study.

The applicant shall provide a qualified traffic impact report in accordance with § 380-42 of this chapter;

The applicant shall furnish expert testimony regarding emergency preparedness measures provided and/or otherwise available to respond to potential hazards regarding the spill of waste or materials during transport to and from the site, and potential hazards regarding firefighting of waste or materials upon the site;

Power generation systems may be erected as detached structures or attached to a building, provided that the structural components of such systems (along with other site improvements) do not exceed the maximum permitted lot coverage requirements of the zone in which it is located;

Power-generation systems may be erected as detached structures or attached to a building, provided that the structural components of such systems comply with all applicable setbacks of the zone in which it is located;

Solar energy panels shall be designed and located in order to minimize reflective glare towards any adjoining use and/or road;

The following provisions shall specifically apply to wind turbines:

The maximum height of a wind turbine shall be 50 feet, as measured from the ground surface to the tip of the blade at its highest turning movement.

(6)

(7)

Aboveground power-generation systems shall be clear-coated, transparent, and/or be designed with a nonobtrusive color such as white, off-white or gray. All such facilities shall not be artificially lighted, except to the extent required by the Federal Aviation Administration or other applicable authority that regulates air safety;

On-site transmission and power lines of a power-generation system shall be placed underground;

AA.

The applicant shall provide written evidence that the proposed power-generation systems shall comply with the noise standards listed in § 380-36 of this chapter;

BB.

The applicant shall make reasonable efforts to minimize shadow flicker to adjoining residences;

CC.

DD.

EE.

The design of the power-generation systems shall conform to applicable industry standards, including those of the American National Standards Institute and the Uniform Construction Code;[1]

[1]

Editor's Note: See Ch. 145, Construction Codes, Art. I, Uniform Construction Code.

FF.

The applicant shall submit a written plan for the removal of the power-generation system once it is no longer operational in accordance with the following:

(1)

The applicant/owner shall, at its expense, complete decommissioning of the power-generation system within 12 months after the end of the useful life of the system. The system will presume to be at the end of its useful life if no energy is generated for a continuous period of 12 months.

(2)

The removal of the aboveground power generation system components shall be completed within 12 months of decommissioning of the system. All disturbed earth shall be restored, graded and reseeded unless a zoning permit has been issued for another use to take its place.

(3)

The landowner or facility operator shall post and maintain decommissioning funds in an amount equal to net decommissioning costs; provided that at no point shall decommissioning funds be less than 25% of decommissioning costs. The decommissioning funds shall be posted and maintained with a bonding company or a lending institution approved by the Borough.

(4)

An independent and certified professional engineer may be retained by the Borough to inspect the decommissioning of the power generation system. All such inspection fees shall be paid by the landowner.

(5)

Decommissioning funds may be in the form of a performance bond, surety bond, letter of credit, corporate guarantee or other form of financial assurance as may be acceptable by the Borough.

(6)

If the applicant/owner fails to complete decommissioning during the prescribed period of 12 months, the Borough may take such measures as necessary to complete decommissioning in accordance with the laws of the Borough and the Commonwealth of Pennsylvania.

(7)

The Borough may release the decommissioning funds when the landowner or facility operator has satisfactorily demonstrated compliance with the removal plan.

GG.

The applicant shall, at all times, maintain on file with the Borough Zoning Officer, the current name and contact information of the party responsible for the operation and maintenance of the power-generation system.

§ 380-107 Principal waste handling, recycling, processing, transfer and disposal facilities.

Within the (HI) Zone, principal waste handling, recycling, processing, transfer and disposal facilities are permitted by special exception use, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter, including but not limited to those general criteria contained within § 380-139B(2) and specifically as follows;

All principal waste handling, recycling, processing and disposal facilities for "municipal and residual wastes," as defined by the PA DEP, shall be operated by the Greater Lebanon Refuse Authority;

Any processing and/or treatment of waste (including but not limited to incineration, composting, steaming, shredding, compaction, material separation, refuse-derived fuel, pyrolysis, etc.) shall be conducted within a wholly enclosed building;

No waste shall be deposited, stored or disposed of, and no building or structure shall be located, within 200 feet of any lot line, and 500 feet of any adjoining land within the (LDR, TR, MFR, MHP or MU) Zones;

Any external area used for the unloading, transfer, storage, or deposition of waste must be completely screened from view at the lot line. (The use of an earthen berm is encouraged where practicable.) In addition, such areas must also be completely enclosed by a minimum eight-foot-high fence, with no openings greater than two inches in any direction;

The applicant must demonstrate compliance (through a written statement) and continue to comply with all applicable state and federal standards and regulations;

The use shall be screened from all adjoining land within the (LDR, TR, MFR, MHP or MU) Zones;

All uses shall provide sufficiently long stacking lanes into the facility, so that vehicles waiting to be weighed and/or unloaded will not back up onto public roads;

All access drives onto the site shall be paved for a distance of at least 200 feet from the street right-of-way line. In addition, if portions of on-site access drives are unpaved, then a fifty-foot-long gravel section of driveway shall be placed just beyond the preceding two-hundred-foot paved section to help collect any mud that may have attached to a vehicle's wheels;

Access to the site shall be limited to those posted times when an attendant is on duty. In order to protect against the indiscriminate and unauthorized dumping, all areas of the site shall be protected by locked barricades, fences, gates or other positive means designed to deny access to the area at unauthorized times or locations;

Litter control shall be exercised to prevent the scattering of wind-borne debris, and a working plan for the cleanup of litter shall be submitted to the Borough;

The unloading, processing, treatment, transfer, and disposal of waste shall be continuously supervised by a qualified facility operator;

All storage of waste shall be indoors in a manner that is leak- and vector- proof. During normal operation, no more waste shall be stored on the property than is needed to keep the facility in constant operation; but, in no event for more than 72 hours;

A contingency plan for the disposal of waste during a facility shutdown shall be submitted to the Borough;

Leachate from the waste shall be disposed of in a manner in compliance with any applicable state and federal laws or regulations. If leachate is to be discharged to a municipal sewage facility, pretreatment shall be required and appropriate permits shall be obtained from the applicable agencies and authorities. In no event shall leachate be disposed of in a storm sewer, to the ground, or in any other manner inconsistent with the Department of Environmental Protection's regulations;

All structures shall be set back at least a distance equal to their height;

If the facility is to rely upon nonpublic sources of water, a water feasibility study will be provided to enable the municipality to evaluate the impact of the proposed development on the groundwater supply and on existing wells. The purpose of the study will be to determine if there is an adequate supply of water for the proposed development and to estimate the impact of the new development on existing wells in the vicinity. No use shall be approved without sufficient water and/or for a use that poses adverse impact on existing wells in the vicinity. A water feasibility study shall include the following minimum information:

(1)

Calculations of the projected water needs;

(2)

A geologic map of the area with a radius of at least one mile from the site;

(3)

The location of all existing and proposed wells within 1,000 feet of the site, with a notation of the capacity of all high-yield wells;

(4)

The location of all existing on-lot sewage disposal systems within 1,000 feet of the site;

(5)

The location of all streams within 1,000 feet of the site and all known point sources of pollution;

(6)

Based on the geologic formation(s) underlying the site, the long-term safe yield shall be determined;

(7)

A determination of the effects of the proposed water supply system on the quantity and quality of water in nearby wells, streams, and the groundwater table; and

(8)

A statement of the qualifications and the signature(s) of the person(s) preparing the study.

The applicant shall provide a qualified traffic impact report, as described in § 380-42 of this chapter;

The applicant shall furnish expert testimony regarding emergency preparedness measures provided and/or otherwise available to respond to potential hazards regarding the spill of waste materials during transport to and from the site, and potential hazards regarding firefighting of waste materials upon the site; and

No principal waste disposal facility shall be located within one mile of another, as measured in a straight line between closest lot lines.

§ 380-108 Public and private schools.

Within the (LDR and MFR) Zones, public and private schools are permitted by right, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter, including but not limited to those specifically as follows, and within the (MU) Zone, public and private schools are permitted by special exception, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter, including but not limited to those general criteria contained within § 380-139B and specifically as follows;

All buildings shall be set back at least 100 feet from any adjoining land within the (LDR, TR, MFR, MHP or MU) Zones;

No part of a public or private school property shall be located within:

(1)

One thousand feet of a property containing an adult-related facility, methadone treatment facility, casino, off-track betting parlor, slot machine parlors;

(2)

Five hundred feet from a truck or motor freight terminal, truck stop or warehousing and wholesale trade establishments;

(3)

Three hundred feet of an automobile filling station; or

(4)

Two hundred feet from a mass transit or taxicab terminal.

If education is offered below the college level, an outdoor recreation area shall be provided, at a rate of 60 square feet per individual enrolled. Off-street parking lots shall not be used as outdoor play areas. Outdoor recreation areas shall not be located within the front yard and must be set back 25 feet from all lot lines. Any vegetative materials located within the outdoor recreation areas shall be of a non-harmful type (poisonous, thorny, allergenic, etc.). All outdoor recreation areas must provide a means of shade, such as a shade tree(s) or pavilion(s);

Enrollment shall be defined as the largest number of students on the site at any one time during a seven-day period; and

Passenger "dropoff" and "pickup" areas shall be provided and arranged so that students do not have to cross traffic lanes on or adjacent to the site.

§ 380-109 Public, private and commercial schools.

Within the (CBD, HC, and LI) Zones, public, private and commercial schools are permitted by right, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter, including but not limited to those specifically as follows;

All buildings shall be set back at least 100 feet from any adjoining land within the (LDR, TR, MFR, MHP or MU) Zones;

No part of a public or private school property shall be located within:

(1)

One thousand feet of a property containing an adult-related facility, methadone treatment facility, casino, off-track betting parlor, slot machine parlors;

(2)

Five hundred feet from a truck or motor freight terminal, truck stop or warehousing and wholesale trade establishments;

(3)

Three hundred feet of an automobile filling station; or

(4)

Two hundred feet from a mass transit or taxicab terminal.

Enrollment shall be defined as the largest number of students on the site at any one time during a seven-day period;

Passenger "dropoff" and "pickup" areas shall be provided and arranged so that students do not have to cross traffic lanes on or adjacent to the site; and

§ 380-110 Recycling facilities for paper, glass, plastic, and metal products.

Within the (LI and HI) Zones, recycling facilities for paper, glass, plastic, and metal products is permitted by special exception, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter, including but not limited to those general criteria contained within § 380-139B(2) and specifically as follows;

All operations, including collection, shall be conducted within a completely enclosed building;

There shall be no outdoor storage of materials used or generated by the operation;

The applicant shall explain the scope of operation, and any measures used to mitigate problems associated with noise, fumes, dust, and litter; and

The applicant will assure regular maintenance of the site to assure the immediate collection of stray debris.

§ 380-111 Residential swimming pools.

Within all zones, swimming pools are permitted accessory uses to a principal residence, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter, including but not limited to those specifically as follows;

Swimming pools shall not be located within the front yard and shall comply with all accessory use setbacks or be set back at least 10 feet from any side or rear lots line, whichever is the lesser requirement, as measured to the water's edge;

All pools shall comply with the applicable requirements of Appendix G of the International Residential Code or any succeeding regulations;

Only portable swimming pools shall be permitted without an operable filtration system utilizing chlorine, bromine or some other disinfectant; and

The pumping or draining of pool water in such a manner as to cause it to spill onto an adjoining street or property is prohibited.

§ 380-112 Riding stables.

Within the (HI) Zone, riding stables are permitted by special exception, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter, including but not limited to those general criteria contained within § 380-139B(2) and specifically as follows;

The minimum lot area shall be three acres;

Any structure used for the boarding of horses shall be set back a minimum of 200 feet from all lot lines;

All stables shall be maintained so to minimize odors perceptible at the lot line;

All areas and facilities used for training shall be set back a minimum of 100 feet from all lot lines;

All outdoor training, show, riding, boarding, and pasture areas shall be enclosed by a fence with a minimum height of four feet. Said fence shall be located a minimum of 10 feet from all lot lines. All outdoor pasture/recreation areas shall be maintained with a vegetated and stable surface and enclosed with fencing to prevent the escape of the animals;

Required parking will be determined based upon the types of activities proposed and the schedule listed in § 380-38I of this chapter. Specifically with respect to parking, the applicant shall demonstrate that adequate parking facilities exist in form and number to accommodate all anticipated activities as they occur, taking into consideration the highest number of employees at a given time, the highest number of visitors at a given time, the seasonal or permanent nature of each event and the number of events which can occur simultaneously on the property. In addition, the Zoning Hearing Board may require an unimproved grassed overflow parking area to be provided for peak use periods. Such overflow parking areas shall be accessible only from the interior driveways of the permanent parking lot. Overflow parking areas shall contain fencing to prevent vehicles from crossing adjoining properties or directly accessing adjoining roads;

Any booths or other structures used for the collection of admission and/or parking fees shall be set back and arranged to prevent vehicle backups on adjoining roads during peak arrival periods. Any other collection of fees (roaming parking lot attendants) shall be conducted in a manner to prevent vehicle backups on adjoining roads. If, at any time after the opening of the commercial recreation facility, the Supervisors determine that traffic backups are occurring on adjoining roads, and such backups are directly related to the means of access to the subject property, the Supervisors can require the applicant to revise means of access to relieve the undue congestion;

All parking lots and unimproved overflow parking areas shall be set back at least 10 feet from adjoining lot lines;

All structures used to house livestock shall be fitted with a durable floor surface that can withstand the wear associated with the weight and movement of horses without failure and shall be prohibited from placement in the front yard;

The applicant shall furnish evidence of an effective means to dispose dead animals according to the regulations of the Pennsylvania Department of Agriculture;

All animal wastes shall be properly stored and disposed of, so as not to be objectionable at the site's lot line. All animals, their housing, and their outdoor pasture/recreation areas shall be properly maintained so as not to become a nuisance to adjoining properties; and

The applicant is required to submit written information indicating that the disposal of all materials and wastes will be accomplished in a manner that complies with state and federal regulations with particular attention to those pesticides, insecticides and detergents used.

§ 380-113 Routine repair and servicing of personal motor vehicles.

Within all zones, the routine repair and servicing of personal motor vehicles is permitted by right as an accessory use to a principal residential use, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter, including but not limited to those specifically as follows;

All vehicles shall be maintained with proper licensure;

All work shall be performed on the vehicle owner's (lessee's) property of residence or by a resident of the property working on a vehicle owned by the resident family;

All by-product or waste fuels, lubricants, chemicals, and other products shall be properly disposed of; and

No vehicle shall be stored in a "jacked-up" position, or on blocks for more than 72 continuous hours unless it is located within a completely enclosed building.

§ 380-114 Satellite dish antennas.

Within any zone, roof-, wall- or window-mounted satellite dish antennas up to one meter (39.4 inches) in diameter are permitted by right as accessory uses. No more than two such devices shall be permitted per dwelling unit;

Within the (LDR, TR, MFR, MHP and MU) Zones, one ground-mounted satellite dish antenna up to one meter (39.4 inches) in diameter is permitted by right as an accessory use to a single-family dwelling unit, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter, including but not limited to those specifically as follows;

(1)

All accessory residential installations must comply with all residential accessory use requirements specified within the zone;

(2)

All installations shall be located (where possible) to prevent obstruction of the antenna's reception window from potential permitted development on adjoining properties;

(3)

All installations must include screening treatments located along the antenna's non-reception window axes and low-level ornamental landscape treatments along the reception window axes of the antenna's base. Such treatments should completely enclose the antenna. Required screening shall consist of evergreen plantings that provide 80% visual blockage of the area between ground level and a height of six feet along the antenna's nonreception window axes. Required low-level ornamental landscaping shall consist of vegetative materials that are planted with sufficient density to form an enclosure with the required screening around the base of the antenna. Ornamental landscaping height will be determined by the installation's required elevation alignments. The above diagrams present illustrative examples of a required screening and landscaping treatment. All screening and landscaping requirements can be waived if the satellite dish antenna is at least 100 feet from any lot line;

(4)

All installations shall be securely anchored to the ground to prevent detachment during foul weather conditions. The applicant shall furnish evidence (statements and/or drawings) indicating the foundation method to be employed;

(5)

No transmission of video format data shall be permitted; and

(6)

The allowance of a satellite dish antenna shall in no way place any liability upon the Borough for the obstruction of the antenna's reception window due to permitted construction on adjoining or nearby properties. Any arrangements made to protect the antenna's reception window shall be between private parties and not the Borough.

Within the (LDR, TR, MFR, MHP and MU) Zones, roof- or window-mounted satellite dish antennas larger than one meter (39.4 inches) up to 12 feet in diameter are permitted by right as an accessory use to a single-family dwelling unit, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter, including but not limited to those specifically as follows:

(1)

Demonstration by the applicant that compliance with the applicable accessory yard, setback and height requirements would cause obstruction of a ground-mounted satellite dish antenna's reception window; furthermore, such obstruction involves factors beyond the applicant's control;

(2)

All applications must include certification by a commonwealth registered engineer that the proposed installation complies with the Pennsylvania Uniform Construction Code, 34 Pa. Code §§ 403.1 through 403.142. Furthermore, written documentation of such compliance, including load distributions within the building's support structure, shall be furnished;

(3)

No transmission of video format data shall be permitted;

(4)

The satellite dish antenna must be set back at least the horizontal distance equal to its maximum height, from all lot lines; and

(5)

Any granting of a permit for a satellite dish antenna shall in no way place any liability upon the Borough for the obstruction of the antenna's reception window due to permitted construction on adjoining or nearby properties. Any arrangements made to protect the antenna's reception window shall be between private parties, and not the Borough.

In any (CBD, HC, LI and HI) Zone, satellite dish antennas are permitted by right, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter, including but not limited to those specifically as follows:

(1)

All installations shall comply with the area, height, bulk and setback standards imposed upon principal uses;

(2)

All applications must include certification by a Commonwealth registered engineer that the proposed installation complies with the Pennsylvania Uniform Construction Code, 34 Pa. Code §§ 403.1 through 403.142. Furthermore, written documentation of such compliance, including load distributions within the building's support structure, shall be furnished;

(3)

All ground-mounted installations shall be screened from any adjoining properties. Such screening can be waived if the antenna is set back a distance at least five times its diameter from the adjoining property;

(4)

Those ground-mounted installations used to transmit video format data shall be completely enclosed by an eight-foot-high fence. Such fence shall include signs warning of dangerous radiation levels, must be screened from adjoining properties, and must be locked at all times. This screening requirement can be waived if the fence is set back a distance at least five times the diameter of the satellite dish antenna, from the adjoining property; and

(5)

The allowance of a satellite dish antenna(s) shall in no way place any liability upon the Borough for the obstruction of the antenna's reception window due to permitted construction on adjoining or nearby properties. Any arrangements made to protect the antenna's reception window shall be between private parties and not the Borough.

§ 380-115 Sawmills.

Within the (HI) Zone, sawmills are permitted by special exception, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter, including but not limited to those general criteria contained within § 380-139B(2) and specifically as follows;

No material shall be deposited or stored, and no building or structure shall be located, within 200 feet of any lot line and 500 feet of any land within an (LDR, TR, MFR, MHP and MU) Zone;

All uses shall provide sufficiently long stacking lanes into the facility so that vehicles waiting will not back up onto public roads;

Litter control shall be exercised to prevent the scattering of wind-borne debris, and a working plan for the cleanup of litter shall be submitted;

The owner and/or operator shall be responsible for removing any mud from public roads caused by persons traveling to and from the site; and

The applicant must demonstrate compliance with § 380-36 of this chapter.

§ 380-116 Septage and spent mushroom compost septage processing and/or commercial mushroom operations.

Within the (HI) Zone, septage and spent mushroom compost processing and/or commercial mushroom operations are permitted by special exception, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter, including but not limited to those general criteria contained within § 380-139B(2) and specifically as follows;

Any processing, loading, storage and packaging operations must be conducted within a completely enclosed building that is leak- and vector-proof;

The applicant must demonstrate compliance (through a written statement) and continue to comply with all applicable state and federal standards and regulations:

The use shall be screened from all roads and adjoining properties;

All uses shall provide sufficiently long stacking lanes into the facility, so that vehicles will not back up onto public roads;

All driveways onto the site must be paved for a distance of at least 100 feet from the street right-of-way line. In addition, a fifty-foot long gravel section of driveway should be placed just beyond the preceding one-hundred-foot paved section to help collect any mud that may have attached to a vehicle's wheels;

The unloading, processing and transfer of septage and/or spent mushroom compost shall be continuously supervised by a qualified facility operator;

Leachate from the operation shall be disposed of in a manner in compliance with any applicable state and federal laws or regulations. If leachate is to be discharged to a municipal sewage facility, appropriate permits shall be obtained from the applicable agencies and authorities. In no event shall leachate be disposed of in a storm sewer, to the ground, or in any other manner inconsistent with the Department of Environmental Protection's regulations;

In addition, a water feasibility study shall be provided to enable the municipality to evaluate the impact of the proposed development on the groundwater supply and on existing wells. The purpose of the study will be to determine if there is an adequate supply of water for the proposed development and to estimate the impact of the new development on existing wells in the vicinity. The water feasibility shall be reviewed by the municipal engineer;

A water system which does not provide an adequate supply of water for the proposed development, considering both quantity and quality, or does not provide for adequate groundwater recharge considering the water withdrawn by the proposed development shall not be approved by the municipality;

A water feasibility study shall include the following information:

(1)

Calculations of the projected water needs;

(2)

A geologic map of the area with a radius of at least one mile from the site;

(3)

The location of all existing and proposed wells within 1,000 feet of the site and all known point sources of pollution;

(4)

Based on the geologic formation(s) underlying the site, the long-term safe yield shall be determined;

(5)

A determination of the effects of the proposed water supply system on the quantity and quality of water in nearby wells, streams and the groundwater table; and

(6)

A statement of the qualifications and the signature(s) of the person(s) preparing the study.

A minimum one-hundred-foot-wide landscape strip shall be located along all lot lines. No structures, storage, parking or any other related activity or operation shall be permitted within this landscape strip. Any fences or other screening erected on the site must not be located within this landscape strip;

The applicant shall provide an analysis of the physical conditions of the primary road system serving the proposed use. The analysis shall include information on the current traffic flows on this road system, and projections of traffic generated by the proposed use. Improvements to the road shall be provided by the applicant to insure safe turning movements to and from the site and safe through-movement on the existing road; and

Any structure used for the storage, loading, processing and/or packaging of septage and/or spent mushroom compost shall be set back at least 100 feet from all lot lines, and 500 feet from any (LDR, TR, MFR, MHP and MU) Zone. In addition, any ventilation outlets must be oriented away from any land within an adjoining (LDR, TR, MFR, MHP and MU) Zone.

§ 380-117 Shopping centers.

Within the (CBD and HC) Zones, shopping centers are permitted by special exception, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter, including but not limited to those general criteria contained within § 380-139B(2) and specifically as follows;

Shopping centers may contain any of those uses permitted under the definition contained within § 380-13 of this chapter. The initial approval of the shopping center shall require special exception. For freestanding pad sites, the applicant may choose to identify proposed building envelopes and a list of potential uses to be applied to each pad site respectively as an alternative to the specific identification of each use. In reviewing such pad sites, the Borough will consider the worst case scenario of building site envelope and potential uses when evaluating the special exception application with regard to applicable regulations, including but not limited to setbacks, lot coverage, off-street parking and loading, screening and landscaping, and access drives, etc. Any subsequent substitution of use within the shopping center upon such pad sites shall be permitted by right so long as the proposed use was identified as a potential use in the original application, is permitted by right within the respective zone, and does not require amendment of the site plan approved by the original use. Future uses to be substituted that require separate special exception or special exception approval shall follow such review and approval processes. Future uses that require amendment of the site plan shall require special exception approval;

Both public sewer and public water utilities shall be required;

The subject property shall front on an arterial or collector road, and within the (HC) Zone, all access drives shall be set back at least 200 feet from the intersection of any street right-of-way lines along the same side of the street and at least 100 feet from any side and/or rear lot line. Drive-through lanes for any use contained within the shopping center shall connect only to internal access drives and parking lots;

In addition to vehicular access to the property, the applicant shall be required to design and construct pedestrian linkages. Such linkages shall be located to provide safe and convenient access to the shopping center from the nearby areas, even if they are not yet developed.

Shopping centers of more than 75,000 square feet of gross floor areas must provide an improved bus stop which would be conveniently accessible for patrons who would travel to and from the site by bus. Such bus stop must be provided, even if current bus service is unavailable along the subject property. Such bus stop shall include a shelter, seating, a waste receptacle, and at least one shade tree;

The applicant's site plan shall clearly depict the proposed locations and dimensions of all on-site circulation improvements which must demonstrate safe vehicular and pedestrian movements both upon and abutting the subject property;

A traffic study shall be submitted by the applicant in accordance with § 380-42 of this chapter;

The following tabulates required off-street parking and loading, and interior landscaping standards for shopping centers within the (HC) Zone:

Use	Minimum Required Off-Street Parking Spaces Per 1,000 square feet of Gross Floor Area	Minimum Required Interior Landscaping	Minimum Required Off-Street Loading Spaces
Shopping center, as defined herein, with up to 75,000 square feet of gross floor area	4.5	5% of any off-street parking lot that is constructed at grade and is open to the sky above	1 per 25,000 square feet, or fraction thereof, of gross floor area
Shopping center, as defined herein, with between 75,000 and 150,000 square feet of gross floor area	5.0*	6% of any off-street parking lot that is constructed at grade and is open to the sky above	1 per 20,000 square feet, or fraction thereof, of gross floor area
Shopping center, as defined herein, with over 150,000 square feet of gross floor area	5.5*	7% of any off-street parking lot that is constructed at grade and is open to the sky above	8 plus 1 per 50,000 square feet, or fraction thereof, of gross floor area over 150,000 square feet

At least 2% of the required off-street parking spaces shall be designed and designated for park-and-ride use in accordance with Subsection J of this section.

Within the (HC) Zone, shopping centers of more than 75,000 square feet of gross floor area must integrate a designated location for a minimum of 2% of the required off-street parking spaces for park-and-ride use that are readily identifiable and conveniently accessible to passing motorists. Such park-and-ride spaces can include those spaces required to serve the shopping center and shall be designed and maintained in accordance with Chapter 318, Subdivision and Land Development, and § 380-38 of this chapter;

The applicant shall submit written expert evidence that demonstrates compliance with the requirements of § 380-33, Outdoor lighting, and § 380-40, Outdoor storage and display, of this chapter;

The applicant shall submit a landscape plan prepared by a landscape architect registered within the Commonwealth of Pennsylvania that demonstrates compliance with all applicable provisions of § 380-44 of this chapter. Such plans shall include but not be limited to details depicting:

(1)

Landscape buffers and screens used to protect adjoining properties within the (LDR, TR, MFR, MHP MU) Zones and adjoining residential uses;

(2)

Screening used to prevent the spillage of headlights onto adjoining properties;

(3)

Typical interior landscape island treatments;

(4)

Typical landscape strip treatments; and

(5)

Landscape treatments at the shopping center access drives' intersections with streets.

The applicant shall submit a sign plan and elevation drawings that demonstrates compliance with all applicable regulations of § 380-45 of this chapter. Such plan shall incorporate uniform sign elements that address proper sign size, placement and lighting. Once approved as part of the initial review, any subsequent substitution of sign that does not increase the size and/or alter the location of signs permitted on the originally approved sign plan is permitted by right. Future signs that would alter the size and/or location of signs shall require special exception approval;

All shopping centers must be served by adequate fire-suppression equipment in accordance with state and local regulations. An applicant proposing one or more buildings and/or structures containing habitable floor area more than 35 feet above grade shall be required to submit written evidence from the local fire company within the primary call coverage area for the site as to the adequacy of available firefighting and rescue vehicles and equipment to serve the proposed use. Unless adequate vehicles and equipment are available, no habitable floor area shall be located above a height of 35 feet;

Within the (HC) Zone, the proposed shopping center design shall comply with the applicable regulations contained within Table 380-117P, Shopping Center Design Requirements.[1]

[1]

Editor's Note: Said table is included as an attachment to this chapter.

§ 380-117.1 Short-term rental.

[Added 4-12-2022 by Ord. No. 815]

Within the (MFR, MU, CBD, HC, LI, and HI) zones, short-term rentals are permitted by special exception, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained in this chapter, including but not limited to those general criteria contained within § 380- 139B(2) and specifically as follows:

Short-term rentals are only permitted in buildings where the existing or prior approved use was a habitable single-family detached dwelling.

Overnight occupancy of a short-term rental shall be limited to no more than two persons per bedroom plus two additional persons per dwelling unit up to a maximum of 10 total persons.

Any outdoor amenities or improvements to the short-term rental such as decks, seating areas, horseshoe pits, patios, and the like must be at least 25 feet from any single-family dwelling on any adjoining lot.

Off-street parking:

(1)

Not less than one off-street parking space shall be provided for the short-term rental. If the short term rental has more than two bedrooms, not less than two off-street parking spaces shall be provided.

(2)

Occupants shall be limited to available parking areas on the short-term rental facility property. In no event shall required off-street parking for short-term rental occupants include spaces in any public street right-of-way or on any lawns or vegetated areas.

(3)

A maximum of one car per bedroom is permitted for any short-term rental facility.

(4)

Overnight occupancy of recreational vehicles, camper trailers, and tents at the property where the short-term rental facility is located shall not be permitted.

(5)

Outdoor sleeping of occupants is prohibited.

The owner must maintain or produce an up-to-date ledger detailing the length of stay and the number of occupants of the short-term rental facility each time the short-term rental facility is used and present the ledger to the Zoning Officer, or the Zoning Officer's designee, upon request.

The exterior of the building containing the short-term rental must maintain a residential appearance.

Special events and public functions such as concerts, conferences or weddings are prohibited on the lot of or within the short-term rental.

Access to the property must be maintained and remain clear of obstructions to accommodate emergency vehicles.

Signage is limited to a one-square-foot nameplate, excluding any signage identifying street address of the property.

Regardless of the number of dwellings on a lot, there may only be one contract for rent at any given time.

The owner or operator must pay all state, county, and local hotel occupancy taxes that are applicable to the temporary lodging. Prior to the issuance of a zoning permit for the short-term rental facility the owner shall provide the Zoning Officer with proof that the owner has obtained any licenses or registrations required by each taxing entity.

The owner or operator shall register the short term rental in accordance with Chapter 277 and pay all fees established under Chapter 277, Rental and Vacant Property.

The owner/operator must provide the Borough of Palmyra and the Palmyra Borough Police Department with contact information as required by Chapter 277, Rental and Vacant Property. The contact phone number must also be posted in a visible, but discreet location on the property.

All short-term rental facilities shall be equipped with the following:

(1)

Smoke detectors in each bedroom.

(2)

Smoke detectors outside each bedroom in common hallways.

(3)

Smoke detectors on each floor.

(4)

GFI outlets for an outlet located within six feet of water sources.

(5)

Aluminum or metal exhaust from the dryer.

(6)

Carbon monoxide detector if open flame (oil or gas) fireplace, gas or wood fireplace or wood-burning stove.

(7)

Carbon monoxide detector if garage is attached.

(8)

Fire extinguisher in kitchen.

(9)

Stairs (indoor and outdoor) in good condition.

(10)

If not served by a public sewer system, evidence that the sewer system is adequate to serve the maximum number of occupants of the short-term rental.

(11)

Fully functioning bathing and toilet facilities.

(12)

Fully functioning kitchen (if one has been installed).

(13)

All smoke detectors must be hard wired.

(14)

Covers on all outlets.

(15)

All bedrooms shall have a direct means of ingress and egress.

There shall be no overnight guests other than the individuals renting the facility.

§ 380-118 Slaughtering, processing, rendering, and packaging of food products and their by-products.

Within the (HI) Zone, slaughtering, processing, rendering, and packaging of food products and their by-products are permitted by special exception, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter, including but not limited to those general criteria contained within § 380-139B(2) and specifically as follows;

Minimum lot area: five acres;

Vehicular access shall be so arranged as to minimize danger and congestion along adjoining roads and to avoid the creation of nuisances to nearby properties. Access drives used by trucks shall only intersect with collector or arterial roads;

All aspects of the slaughtering, processing, rendering, and packaging operation, excepting the unloading and holding of live animals, shall be conducted within a completely enclosed building;

All live animals held outside shall be within secure holding pens or runways, sufficiently large to accommodate all animals without crowding, and not located within the front yard;

The applicant shall furnish an acceptable written working plan for the recovery of escaped animals which minimizes the potential for animals to enter traffic or cross lot lines, and which shall be continuously implemented;

The applicant shall furnish an acceptable written working plan for the regular cleanup and disposal of all animal wastes, so as not to be objectionable at the site's lot line;

The unloading of live animals from trucks into holding pens and their movement into the plant shall be continuously supervised by a qualified operator, whose responsibility it shall also be to immediately identify and appropriately dispatch any obviously ill or injured animals;

The unloading of live animals and their movement into the plant shall be conducted in an orderly and calm manner so as to minimize noise levels. The applicant must demonstrate those methods that will be used to comply with § 380-36 of this chapter;

The loading and unloading of trucks shall be restricted to the hours between 6:00 a.m. and 10:00 p.m.;

No exterior animal holding pens and/or areas devoted to loading/unloading of animals shall be located within 200 feet of any lot line nor 500 feet of any land within a (LDR, TR, MFR, MHP and MU) Zone;

All animal holding pens and/or areas used for the loading/unloading of animals shall be screened from all adjoining properties and shall include a minimum fifty-foot-wide landscape strip;

The applicant shall demonstrate an adequate means of sewage disposal and water supply. Public sewer and water lines shall not meet within or beneath the plant, and shall further be designed and installed to minimize the potential for leakage and contamination by maximizing the separation distance between lines and laying sewer lines at greater depth than water lines;

Wastewater shall be kept completely covered at all times to reduce the potential for release of odors. In no event shall wastewater be disposed of in a storm sewer, to the ground, or in any other manner inconsistent with PA DEP regulations;

All unusable animal by-products shall be stored indoors in leak- and vector-proof containers. In the case of slaughtering or processing operations which do not do their own rendering, the applicant shall provide evidence of a written contract with a rendering operation for the daily disposal of such waste products. In no case shall any waste products remain on the site for more than 24 hours;

The applicant must demonstrate written compliance with, and continue to comply with, all applicable local, state and federal standards and regulations;

The use shall provide sufficiently long stacking lanes and on-site loading/unloading areas, so that trucks waiting to be loaded/unloaded will not back up onto public roads. No parking or loading/unloading shall be permitted on or along any public road;

The applicant shall furnish a traffic impact study prepared by a professional traffic engineer, in accordance with § 380-42 of this chapter; and

Where applicable, applicants shall be required to demonstrate compliance with the Pennsylvania Diesel Idling Restrictions Act 124 of 2008,[1] including but not limited to the posting of required signs.

[1]

Editor's Note: See 35 P.S. § 4601 et seq.

§ 380-119 Truck or motor freight terminals.

Within the (HI) Zone, truck or motor freight terminals are permitted by special exception, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter, including but not limited to those general criteria contained within § 380-139B(2) and specifically as follows;

The applicant shall be required to submit qualified expert evidence of the methods that will be used to assure that the proposed use will not contribute materially to air pollution and will comply with all applicable Federal Environmental Protection Agency air quality standards. Test data must be furnished by applicant addressing Particulate Matter 2.5 (total weight of particles in the air that are less than 2.5 microns in size) levels taken by a certified independent air testing firm during peak use periods of the day. Upon approval of the special exception, terminal owners must provide PM 2.5 data on a quarterly basis as sampled by a certified independent air testing firm during peak use periods of the day at locations every 200 feet around the perimeter of the property and at a distance of 75 feet from the terminal building. Terminals not in compliance with National Ambient Air Quality Standard (NAASQS) for PM 2.5, as established by EPA (15 micrograms per cubic meter averaged over an entire year and up to 66 micrograms for one twenty-four-hour period), will furnish the Borough with a plan within 60 days for reducing PM 2.5 emissions to acceptable levels. Upon approval of that plan, the terminal will have 90 days to provide evidence that satisfactory PM 2.5 levels have been reached or be subject to applicable enforcement remedies provided by this chapter;

The applicant shall furnish a traffic impact study, prepared by a professional traffic engineer, in accordance with § 380-42 of this chapter;

The subject property shall have a minimum of 300 feet of contiguous road frontage along an arterial and/or major collector road as listed in Chapter 318, Subdivision and Land Development;

The subject property shall be located no closer than 500 feet from any (LDR, TR, MFR, MHP and MU) Zone and/or property containing a school, day-care facility, park, playground, library, hospital, nursing, rest or retirement home, or medical residential campus;

All structures (including, but not limited to, air compressors, fuel pump islands, kiosks) shall be set back at least 50 feet from any street right-of-way line. Unless the fuel pump islands are set back 200 feet from the street line, they shall be designed so that, when fueling, trucks must be parallel to street;

Access driveways shall be a minimum of 28 feet, and a maximum of 35 feet wide. All access drives onto the same road shall be set back at least 150 feet from one another, as measured from closest points of cartway edges;

Any gates or other barriers used at the entrance to parking areas shall be set back and arranged to prevent vehicle backups onto adjoining roads during peak arrival periods;

All vehicle service and/or repair activities shall be conducted within a completely enclosed building. Outdoor storage of parts, equipment, lubricants, fuels, or other materials used or discarded in any service or repair operations must be screened from adjoining roads and properties;

The outdoor storage of unlicensed and/or uninspected vehicles is prohibited;

The demolition or junking of vehicles and machinery is prohibited. Demolished vehicles and/or parts thereof shall be removed within 30 days after arrival;

Any exterior public address system shall be designed and operated so that the audible levels of any messages conveyed over the system and any other use of the property will not violate § 380-36 of this chapter;

The applicant shall demonstrate compliance with § 380-33 of this chapter; and

The parking, storage, and/or loading of vehicles associated with the use shall be confined to the subject property; no satellite parking, storage, and/or loading lots shall be permitted;

The applicant shall furnish evidence that the storage and disposal of materials and wastes will be accomplished in a manner that complies with all applicable state and federal regulations; and

[1]

Editor's Note: See 35 P.S. § 4601 et seq.

§ 380-120 Truck stops.

Within the (HI) Zone, truck stops are permitted by special exception, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter, including but not limited to those general criteria contained within § 380-139B(2) and specifically as follows;

The applicant shall be required to submit qualified expert evidence of the methods that will be used to assure that the proposed use will not contribute materially to air pollution and will comply with all applicable Federal Environmental Protection Agency air quality standards. Test data must be furnished by applicant addressing Particulate Matter 2.5 (total weight of particles in the air that are less than 2.5 microns in size) levels taken within 30 days of application by a certified independent air testing firm during peak use periods of the day. Terminals not in compliance with National Ambient Air Quality Standard (NAASQS) for PM 2.5, as established by EPA (15 micrograms per cubic meter averaged over an entire year and up to 66 micrograms for one twenty-four-hour period), will furnish the Borough a plan within 60 days for reducing PM 2 emissions to acceptable levels. Upon approval of that plan, the terminal will have 90 days to provide evidence that satisfactory PM 2 levels have been reached or it will be found in violation of this chapter. Upon approval of the special exception, terminal owners must provide PM 2.5 data on a quarterly basis as sampled by a certified independent air testing firm during peak use periods of the day at locations every 200 feet around the perimeter of the property and at a distance of 75 feet from the terminal building;

The applicant shall furnish a Traffic Impact Report, prepared by a professional traffic engineer, in accordance with § 380-42 of this chapter;

The subject property shall have a minimum of 300 feet of contiguous road frontage along an arterial and/or major collector road as listed in Chapter 318, Subdivision and Land Development;

The subject property shall be located no closer than 500 feet from any property containing a school, day-care facility, park, playground, library, hospital, nursing, rest or retirement home, or medical residential campus;

Access driveways shall be a minimum of 28 feet and a maximum of 35 feet wide. All access drives onto the same road shall be set back at least 150 feet from one another, as measured from closest points of cartway edges;

Off-street parking shall be provided at a rate equal to that required for each of the respective uses comprising the truck stop according to the schedule contained within § 380-38I of this chapter. Any gates or other barriers used at the entrance to parking areas shall be set back and arranged to prevent vehicle backups onto adjoining roads during peak arrival periods;

The outdoor storage of unlicensed and/or uninspected vehicles is prohibited;

The demolition or junking of vehicles and machinery is prohibited. Demolished vehicles and/or parts thereof shall be removed within 30 days after arrival;

The applicant shall demonstrate compliance with § 380-33, Outdoor lighting, of this chapter;

The applicant must furnish evidence as to how the use will be controlled so as to not constitute a nuisance due to noise or loitering outside the building;

Applicants shall be required to demonstrate compliance with the Pennsylvania Diesel Idling Restrictions Act 124 of 2008,[1] including but not limited to, the posting of required signs;

[1]

Editor's Note: See 35 P.S. § 4601 et seq.

A working plan for the cleanup of litter shall be furnished and implemented by the applicant; and

The applicant shall furnish evidence that the storage and disposal of materials and wastes will be accomplished in a manner that complies with all applicable state and federal regulations.

§ 380-121 Two-family conversions.

Within the (TR, MFR, MU and HC) Zones, two-family conversions are permitted by right, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter, including but not limited to the following specific criteria;

Only single-family detached dwellings that contained at least 2,000 square feet on the effective date of this chapter may be converted into two-family dwelling;

The applicant shall furnish evidence of an approved means of sewage disposal;

No modifications to the external appearance of the building (except those required for safety), which would alter its residential character, shall be permitted;

All dwelling units shall comply with the Uniform Construction Code;[1]

[1]

Editor's Note: See Ch. 145, Construction Codes, Art. I, Uniform Construction Code.

Signage shall be permitted in accordance with § 380-46K of this chapter;

No dwelling unit shall contain less than 600 square feet of habitable floor area and each unit shall require 3,500 square feet of lot area; and

A minimum of two off-street parking spaces shall be provided for each unit of a two-family conversion.

§ 380-122 Warehousing and wholesale trade establishments.

Within the (LI and HI) Zones, warehousing and wholesale trade establishments are permitted by special exception, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter, including but not limited to those general criteria contained within § 380-139B(2) and the following specific criteria;

The applicant shall provide a detailed description of the proposed use in each of the following topics:

(1)

The nature of the on-site activities and operations, the types of materials stored, the frequency of distribution and restocking, the duration period of storage of materials, and the methods for disposal of any surplus or damaged materials. In addition, the applicant shall furnish evidence that the disposal of materials will be accomplished in a manner that complies with state and federal regulations;

(2)

The general scale of the operation in terms of its market area, specific floor space requirements for each activity, the total number of employees on each shift, and an overall needed site size;

(3)

Any environmental impacts that are likely to be generated (e.g., noise, smoke, dust, litter, glare, vibration, electrical disturbance, wastewater, stormwater, solid waste, etc.), and specific measures employed to mitigate or eliminate any negative impacts. The applicant shall further furnish evidence that the impacts generated by the proposed use fall within acceptable levels as regulated by applicable laws and ordinances; and

(4)

A traffic study shall be prepared by a professional traffic engineer in accordance with § 380-42 of this chapter.

The applicant shall be required to submit qualified expert evidence of the methods that will be used to assure that the proposed use will not contribute materially to air pollution and will comply with all applicable Federal Environmental Protection Agency air quality standards. Test data must be furnished by applicant addressing Particulate Matter 2.5 (total weight of particles in the air that are less than 2.5 microns in size) levels taken during daytime peak use periods within 30 days of application by a certified independent air testing firm. Uses not in compliance with National Ambient Air Quality Standard (NAAQS) for PM 2.5, as established by EPA (15 micrograms per cubic meter averaged over an entire year and up to 66 micrograms for one twenty-four-hour period), will furnish the Borough a plan within 60 days for reducing PM 2 emissions to acceptable levels. Upon approval of that plan, the use will have 90 days to provide evidence that satisfactory PM 2 levels have been reached or it will be found in violation of this chapter. Upon approval of the special exception, the owners must provide PM 2.5 data on a quarterly basis as sampled by a certified independent air testing firm from locations every 200 feet around the perimeter of the warehouse and at a distance of 75 feet from the terminal building during daytime peak use periods;

Applicants shall be required to demonstrate compliance with the Pennsylvania Diesel Idling Restrictions Act 124 of 2008,[1] including but not limited to the posting of required signs;

[1]

Editor's Note: See 35 P.S. § 4601 et seq.

The subject property shall be located no closer than 500 feet from any (LDR, TR, MFR, MHP or MU) Zone and/or property containing a school, day-care facility, park, playground, library, hospital, nursing, rest or retirement home, or medical residential campus;

Any gates or other barriers used at the entrance to parking areas shall be set back and arranged to prevent vehicle backups onto adjoining roads during peak arrival periods;

The outdoor storage of unlicensed and/or uninspected vehicles is prohibited;

The demolition or junking of vehicles and machinery is prohibited. Demolished vehicles and/or parts thereof shall be removed within 30 days after arrival;

The applicant shall demonstrate compliance with § 380-33, Outdoor lighting, of this chapter;

The parking, storage, and/or loading of vehicles associated with the use shall be confined to the subject property; no satellite parking, storage, and/or loading lots shall be permitted; and

The applicant shall furnish evidence that the storage and disposal of materials and wastes will be accomplished in a manner that complies with all applicable state and federal regulations.

§ 380-123 Wind and/or solar farms.

Within the (HI) Zone, wind and/or solar farms (as defined herein) are permitted by special exception, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter, including but not limited to those general criteria contained within § 380-139B(2) and specifically as follows;

The applicant shall prepare and submit a narrative and mapping describing the proposed wind and/or solar farm, including:

(1)

An overview of the project;

(2)

The project location;

(3)

The approximate generating capacity of the wind and/or solar farm;

(4)

The approximate number, representative types and height or range of heights of wind turbines and/or solar panels to be constructed, including their generating capacity, dimensions and respective manufacturers;

(5)

A description of accessory facilities;

(6)

An affidavit or similar evidence of agreement between the property owner(s) and the applicant demonstrating that the applicant has the permission of the property owner(s) to apply for necessary permits for construction and operation of the wind and/or solar farm;

(7)

A listing and map of the properties on which the proposed wind and/or solar farm will be located, and the properties adjacent to where the wind and/or solar farm will be located;

(8)

A site plan showing the planned location of each wind turbine and/or solar panel, lot lines, setback lines, access road and turnout locations, substation(s), electrical cabling from the wind farm to the substation(s), ancillary equipment, buildings, and structures, including permanent meteorological towers, associated transmission lines, and layout of all structures within the geographical boundaries of any applicable setback.

The applicant shall demonstrate with credible expert evidence that:

(1)

To the extent applicable, the wind and/or solar farm shall comply with the Pennsylvania Uniform Construction Code, 34 Pa. Code §§ 403.1 through 403.142;

(2)

The design of the wind and/or solar farm 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 Llloyd Wind Energies, or other similar certifying organizations;

(3)

Each of the proposed wind turbines 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 fail-safe mode. Stall regulation shall not be considered a sufficient braking system for overspeed protection;

(4)

All electrical components of the wind and/or solar farm shall conform to relevant and applicable local, state and national codes, and relevant and applicable international standards;

(5)

Wind turbines and/or solar panels shall be a nonobtrusive color such as white, off-white, gray or some color similar to the background of the proposed wind turbine and/or solar panel;

(6)

Wind turbines and/or solar panels shall not be artificially lighted, except to the extent required by the Federal Aviation Administration or other applicable authority that regulates air safety;

(7)

Wind turbines and/or solar panels shall not display advertising, other than an incidental insignia of the turbine manufacturer;

(8)

On-site transmission and power lines between wind turbines and/or solar panels shall, to the maximum extent practicable, be placed underground;

(9)

A clearly visible warning sign concerning voltage must be placed at the base of all at-grade transformers and substations;

(10)

Visible, reflective, colored objects, such as flags, reflectors, or tape shall be placed on the anchor points of each guy wire and along each guy wire up to a height of 10 feet from the ground. The applicant shall also submit a working plan for the regular inspection of such guy wires and replacement of any needed flags, reflectors, or tape;

(11)

Wind turbines shall be designed and constructed to be non-climbable up to 15 feet above ground surface;

(12)

All access doors to wind turbines and electrical equipment shall be locked or fenced, as appropriate, to prevent entry by nonauthorized persons;

(13)

Wind turbines shall be set back from the nearest principal building of a property owner who has agreed to locate the proposed wind and/or solar farm upon his/her property a distance of not less than 50 feet or 1.1 times the wind turbine height, whichever is greater. The setback distance shall be measured from the closest point of the wind turbine base to the nearest point of the principal building;

(14)

Wind turbines shall be set back from the adjoining lot line of property owner who has not agreed to locate the proposed wind farm upon his/her property a distance of not less than 50 feet or 1.1 times the wind turbine height, whichever is greater. The setback distance shall be measured from the closest point of the wind turbine base to the nearest point of the adjoining lot line;

(15)

Wind turbines shall be set back from the right-of-way of any street a distance of not less than 50 feet or 1.1 times the wind turbine height, whichever is greater. The setback distance shall be measured from the closest point of the wind turbine base to the nearest point of the street right-of-way;

(16)

The applicant shall be responsible for the prompt repair and maintenance of all roads used to transport equipment and parts for construction, operation or maintenance of the wind and/or solar farm. The applicant shall prepare an engineering report that documents road conditions prior to construction and again within 30 days after construction is complete or as weather permits. Such reports shall be reviewed by the Borough Engineer; any discrepancies shall be mediated by a third engineer selected by mutual acceptance by the applicant's and Borough's engineers. The applicant shall demonstrate that it has appropriate financial assurance to ensure the prompt repair of damaged roads and the Borough may bond the road in compliance with state regulations;

(17)

The applicant shall provide a copy of the project summary and site plan as required in Subsection B to the Borough Emergency Management Coordinator. The applicant shall prepare and coordinate the implementation of an emergency response plan for the wind farm acceptable to the Borough Emergency Management Coordinator prior to the issuance of a zoning permit for the proposed use.

Audible sound from a wind and/or solar farm shall not exceed 55 dBA, as measured at the following minimum distances. Methods for measuring and reporting acoustic emissions from the wind and/or solar farm 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."

(1)

A distance of not less than 50 feet or 1.1 times the wind turbine height, whichever is greater, from the nearest principal building of a property owner who has agreed to locate the proposed wind farm upon his/her property;

(2)

A distance of not less than 50 feet or 1.1 times the wind turbine height, whichever is greater, from the adjoining lot line of property owner who has not agreed to locate the proposed wind farm upon his/her property; and

(3)

A distance of not less than 50 feet or 1.1 times the wind turbine height, whichever is greater, from the right-of-way of any street.

The applicant shall make reasonable efforts to minimize shadow flicker and to avoid any disruption or loss of radio, telephone, television or similar signals. The applicant shall mitigate any such harm caused by the wind and/or solar farm on any adjoining property whose owner has not agreed to locate the proposed wind and/or solar farm upon his/her property;

The applicant shall maintain a current general liability policy covering bodily injury and property damage with limits of at least $2,000,000 per occurrence and $2,000,000 in the aggregate. Certificates of insurance coverage shall be made available to the Borough each year that the wind and/or solar farm operates or remains erected.

The applicant shall be responsible for the decommissioning of the wind and/or solar farm in accordance with the following requirements:

(1)

The applicant shall, at his/her expense, complete decommissioning of the wind and/or solar farm, or individual wind turbines and/or solar panels, within 12 months after the end of the useful life of the wind and/or solar farm or individual wind turbines and/or solar panels. The wind and/or solar farm or individual wind turbines and/or solar panels will presume to be at the end of its useful life if no electricity is generated for a continuous period of 12 months.

(2)

Decommissioning shall include removal of wind turbines and/or solar panels, buildings, cabling, electrical components, roads, foundations to a depth of 36 inches, and any other associated facilities.

(3)

Disturbed earth shall be graded and reseeded, unless the landowner requests in writing that the access roads or other land surface areas not be restored.

(4)

An independent and certified professional engineer shall be retained to estimate the total cost of decommissioning ("decommissioning costs") without regard to salvage value of the equipment, and the cost of decommissioning net salvage value of the equipment ("net decommissioning costs"). Said estimates shall be submitted to the Borough after the first year of operation and every fifth year thereafter at the applicant's and/or any successor's expense.

(5)

The applicant shall post and maintain decommissioning funds in an amount equal to net decommissioning costs; provided, that at no point shall decommissioning funds be less than 25% of decommissioning costs. The decommissioning funds shall be posted and maintained with a bonding company or federal- or commonwealth-chartered lending institution chosen by the facility owner or operator and participating landowner posting the financial security, provided that the bonding company or lending institution is authorized to conduct such business within the commonwealth and is approved by the Borough.

(6)

Decommissioning funds may be in the form of a performance bond, surety bond, letter of credit, corporate guarantee or other form of financial assurance as may be acceptable to the Borough.

(7)

If the applicant fails to complete decommissioning within the period prescribed by Subsection G(1), of this chapter, then the landowner shall have six months to complete decommissioning.

(8)

If neither the applicant nor the landowner complete decommissioning within the periods prescribed by Subsection G(1) and (7) of this section, 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 in accordance with Subsection B(6) of this section 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.

(9)

The escrow agent shall release the decommissioning funds when the applicant has demonstrated and the municipality concurs that decommissioning has been satisfactorily completed, or upon written approval of the municipality in order to implement the decommissioning plan.