Borough of Dalton, PA Article VIII Standards for Specific Uses

§ 400-32 Adult businesses.

A. Findings. In adopting these standards which apply to adult businesses, the Borough Council has made the following findings in regard to the secondary effects on the health, safety and welfare of the citizens of the Borough. The findings are based on evidence concerning the adverse secondary effects of adult uses on the community, presented in hearings and in reports made available to the Borough Council, and on findings incorporated in the cases of City of Renton v. Playtime Theaters, Inc., 475 U.S. 41 (1986). Young v. American Mini Theaters, 427 U.S. 50 (1976), and Northend Cinema, Inc. v. Seattle, 585 P. 2d 1153 (Wash 1978), and on studies in other communities, including, but not limited to, Phoenix, Arizona; Minneapolis, Minnesota; Saint Paul, Minnesota; Manatee County, Florida; Houston, Texas; Indianapolis, Indiana; Amarillo, Texas; Los Angeles, California; Austin, Texas; Seattle, Washington; Oklahoma City, Oklahoma; Beaumont, Texas; and New York City, New York; and also on findings found in the Report of the Attorney General's Working Group on the Regulation of Sexually Oriented Businesses, June 6, 1989, State of Minnesota.

(1) The concern over sexually transmitted diseases is a legitimate health concern of the Borough which demands reasonable regulation of adult businesses and adult uses in order to protect the health and well-being of the citizens.

(2) Certain employees of sexually oriented business regulated by this chapter as adult businesses engage in higher incidents of certain types of sexually oriented behavior at these businesses than employees of other establishments.

(3) Sexual acts, including masturbation, oral and anal sex, occur at sexually oriented businesses, especially those which provide private or semiprivate booths or cubicles for viewing films, videos or live sex shows, as regulated by this chapter as adult bookstores, adult novelty shops, adult video stores, adult motion-picture theaters, or adult arcades.

(4) Offering and providing such space encourages such activities, which create unhealthy conditions.

(5) Persons frequent certain adult theaters, adult arcades, and other sexually oriented businesses for the purpose of engaging in sex within the premises of such sexually oriented businesses.

(6) At least 50 communicable diseases may be spread by activities occurring in sexually oriented businesses, including, but not limited to, syphilis, gonorrhea, human immunodeficiency virus infection (AIDS), genital herpes, hepatitis B, non-B amebiasis, salmonella infections and shigella infections, and the incidence of many of these diseases is on the increase.

(7) Sanitary conditions in some sexually oriented businesses are unhealthy, in part, because the activities conducted there are unhealthy and, in part, because of the unregulated nature of the activities and the failure of the owners and the operators of the facilities to self-regulate those activities and maintain those facilities.

(8) Numerous studies and reports have determined that semen is found in the areas of sexually oriented businesses where persons view adult-oriented films.

(9) Classifying adult businesses as conditional uses is a reasonable means of accountability to ensure that operators of adult businesses comply with reasonable regulations and conditions and to ensure that operators do not knowingly allow their establishments to be used as places of illegal sexual activity or solicitation.

(10) There is convincing documented evidence that adult businesses, because of their very nature, have a deleterious effect on both the existing businesses around them and the surrounding residential areas adjacent to them, causing increased crime, the downgrading of property values, and the decline of the overall character of the community. A number of municipal studies, including the 1986 Austin, Texas study, have demonstrated this.

(11) It is generally recognized that adult businesses, due to their nature, have serious objectionable operational characteristics, particularly when they are located in close proximity to each other, thereby contributing to neighborhood blight and downgrading the quality of life in the adjacent area. A number of municipal studies, including the 1986 Austin, Texas study, have demonstrated this.

(12) The Borough desires to minimize and control these adverse secondary effects and thereby protect the health, safety and welfare of the citizenry; protect the citizens from increased crime; preserve the quality of life; preserve property values and the character of the surrounding community.

B. Intent. It is the intent of this § 400-32 to:

(1) Regulate adult business in order to promote the public health, safety and welfare by minimizing the secondary effects on the community which are associated with such businesses, which include difficulties for law enforcement, trash disposal, deleterious effects on business and residential property values, increased crime (particularly the corruption of morals of minors and prostitution), and which drive residents and businesses to move elsewhere.

(2) Designate a zoning district where adult businesses are permitted, and establish reasonable, content-neutral standards applicable to such uses.

(3) Have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented or adult materials.

(4) Not totally restrict or deny access by adults to sexually oriented materials or adult materials protected by the First Amendment of the Bill of Rights of the United States Constitution.

(5) Not deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market.

(6) Not condone or legitimize the distribution of obscene material or encourage any violation of the Pennsylvania Crimes Code or Pennsylvania Obscenity Code.

C. Conditional use in the M-1 District. Adult businesses are classified as conditional uses in certain districts, which provides a suitable area for the development of such uses away from areas designated for residential development.

D. Standards. In addition to the Borough's anti-nudity and other applicable ordinances and the other applicable general standards and the conditional use criteria contained in this chapter, the following standards shall apply to adult businesses:

(1) Setback. In addition to the other setbacks established by this chapter, adult businesses shall not be located less than:

(a) One hundred feet from any:

[1] Residence.

[2] Group care facility.

[3] Commercial enterprises catering primarily to persons under 18 years of age.

[4] Public or semipublic building or use.

[5] Public park or public recreation facility.

[6] Health facility.

[7] Any establishment that sells alcoholic beverages.

[8] Church or synagogue.

[9] Public or private school.

(2) Measurement. The setback distances established in this § 400-32 shall be as measured from the nearest edge of the building used for the subject use, measured in a straight line (without regard to intervening structures or objects) to the nearest lot line of the premises of a use from which the required setback applies.

(3) Enlargement. An existing, lawful adult business may be expanded as a conditional use once in total floor area beyond the floor area that lawfully existed in such use at the time of adoption of this provision of the chapter, but only in accord with Article IX of this chapter.

(4) Limit of one use. It shall be a violation of this chapter for any person to cause or permit the operation, establishment or maintenance of more than one adult business in the same building, structure or portion thereof, or an increase of floor area of any adult business in any building, structure or portion thereof that contains another adult business.

(5) Nonconformity. Any adult business lawfully operating on the date of enactment of this chapter that is in violation of any of the provisions of this § 400-32 shall be deemed a nonconforming use. Such nonconforming uses shall not be increased, enlarged, altered or extended, except as permitted in § 400-32D(4) above. The use may be changed to a conforming use. However, under no circumstances shall a nonconforming use as defined and regulated by this chapter be changed to any type of adult business.

(6) Location of new neighboring uses. An adult business lawfully operating as a conforming use shall not be rendered a nonconforming use if, subsequent to the grant of a conditional use permit, a use from which an adult business is required to provide a setback under § 400-32D(1) above is developed within the required setback distance. Any additions or expansions of the use shall comply with § 400-32D(1) above.

(7) Alcohol. No adult business shall be operated in combination with the sale and/or consumption of alcoholic beverages on the premises.

(8) Visibility and signs. No sexually explicit material, signs, display, silhouette or word shall be visible at any time from outside of the building. Exterior signs shall comply with the provisions of Article XI of this chapter; however, business identification signs shall be limited to a maximum of 20 square feet and signs attached to the building facade shall be limited to a maximum total of 10 square feet. Content of such signs shall be limited to only the text of the name of the business and the hours of operation.

(9) Exemption for modeling class. It is a defense to prosecution under this § 400-32 that a person appearing in a state of nudity did so in a modeling class operated:

(a) By a proprietary school, licensed by the state, or an academically accredited college or university;

(b) By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college or university supported entirely or partly by taxation;

(c) In a structure:

[1] Which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing; and

[2] Where, in order to participate in a class, a student must enroll at least three days in advance of the class; and

[3] Where no more than one nude model is on the premises at any one time; or

(d) By an organization which qualifies under Section 501(c)(3) of the United States Internal Revenue Code[1] as a nonprofit organization or foundation.

[1] Editor's Note: See 26 U.S.C. § 501(c)(3).

§ 400-33 Agricultural uses: crop production and livestock operations.

In addition to the other applicable standards of this chapter, agricultural uses shall be subject to the following requirements:

A. Crop production. Crop production shall be permitted in any district on any size of parcel of land.

B. Livestock operations. Livestock operations shall be permitted only in R-R Districts and only where livestock is at all times kept a minimum of 200 feet from any dwelling or principal nonresidential structure not located on the same parcel on which the livestock is kept.

C. State-protected agricultural operations. Nothing in this chapter is intended to preclude the rights and protections of bona fide agricultural operations afforded by the Pennsylvania Right to Farm Law,[1] as amended; the Pennsylvania Agricultural Area Security Law,[2] as amended; and other applicable state statutes. Such rights and protections, in terms of limiting the application of the standards in this chapter, shall be afforded to such uses of land which meet the minimum definition of agricultural use as established by the applicable state statute.

[1] Editor's Note: See 3 P.S. § 951 et seq.

[2] Editor's Note: See 3 P.S. § 901 et seq.

§ 400-34 Airports and heliports.

The standards in this § 400-34, in addition to other applicable standards in this chapter, shall apply to all proposed new and certain expansions of airports and heliports as defined and regulated by this chapter.

A. Conditional use. The existence of airport hazard zones limits the uses of surrounding landowners. No airport shall be permitted to make any change which would affect the location of airport surface zones, approach zones or hazard zones, and no new airport shall be developed unless conditional use approval has been granted. In addition to the requirements of § 400-28 of this chapter, the following procedures and criteria shall apply to any airport conditional use application. The following shall constitute changes at an airport requiring conditional use approval prior to the change:[1]

(1) Any extension of a runway's length or location;

(2) Any change in the height of a runway;

(3) The paving of any previously unpaved portions of a runway, if such paving results in any change in airport rating category under 67 Pa. Code § 471.5, as amended, affecting or altering the location or extent of any airport hazard zone;

(4) Any change of runway direction or alignment;

(5) Any change in the status of taxiways or holding areas affecting the location areas of airport hazard zones;

(6) Any change in airport rating category under 67 Pa. Code § 471.5, as amended, affecting or altering the location or extent of any airport hazard zone.

(7) Any other physical, legal or rating change, or change in methods of operation, flight paths or change in instrumentation or technology resulting in a change in the location or extent of any airport hazard zone.

(8) Any expansion or change otherwise defined as a conditional use by this chapter.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

B. Application contents. The application for conditional use shall contain the following documents and information:

(1) A full narrative description of the airport and any changes proposed.

(2) Plans and maps prepared by a registered professional engineer showing the airport and any changes proposed to the airport.

(3) Plans and maps prepared by a registered professional engineer showing existing and proposed locations of the airport hazard zones.

(4) Copies of all applications, correspondence, documents, maps or plans submitted to the FAA and the Bureau of Aviation relating to the proposed change or construction, rating change, or other rating, legal or physical change.

(5) A plan showing how the lands or air rights negatively affected shall be acquired.

(6) A list of the names and addresses of all landowners negatively affected by the proposed airport, or for a change within a height of 75 feet from the surface of said lands, by the change in airport hazard zones.

(7) A list of the names and addresses of all landowners adjoining lands owned or leased by the airport owner.

C. Engineering review. The Borough Engineer shall review the application and report whether the application to the Planning Commission complies with all applicable ordinances, laws and regulations relating to airport hazard zones. The Borough Engineer shall also report how the proposed airport or change will affect neighboring landowners and landowners in airport hazard zones. The Borough Engineer shall also review and report on expected obstructions to aircraft resulting from the airport or change and upon the adequacy, feasibility and practicality of the applicant's plan to acquire the necessary air rights.

D. Costs. Any airport or change to an airport resulting in a change of airport hazard zones shall be considered a land development and, in accord with Section 503(1) of the Pennsylvania Municipalities Planning Code,[2] the applicant shall be responsible for paying all reasonable and necessary charges of the Borough's professional consultants or engineer relating to application review and report under the terms of Chapter 300, Subdivision and Land Development.

[2] Editor's Note: See 53 P.S. § 10503(1).

E. Notice to FAA, the Bureau of Aviation and the County. The Zoning Officer shall send a copy of the completed application to the Bureau of Aviation, FAA and the County Planning Department by certified mail at least 14 days before the date of the hearing.

F. Criteria to review. In granting or denying a conditional use, the Council shall consider:

(1) The effect upon reasonable use of properties affected by the proposal;

(2) How the applicant plans to acquire any necessary air rights;

(3) The character of the flying operations expected to be conducted at the airport;

(4) The nature of the terrain within the airport hazard zone area;

(5) The character of the community which is affected by the proposal;

(6) The effect upon roads, development, transportation routes, and other aspects of the Borough's Comprehensive Plan;

(7) The provision of hazard lighting and marking;

(8) The importance of aircraft safety.

G. Runway and landing pad setbacks. The edges and ends of any runway and/or helicopter landing pad shall be a minimum of 250 feet from any property line.

§ 400-35 Amusement parks.

Amusement parks are classified as conditional uses in certain districts, and in addition to all other applicable standards of this chapter, amusement parks shall be subject to the following standards.

A. Parcel size. A minimum parcel of five acres shall be required.

B. Fencing. A fence not less than six feet in height and of such design to restrict access shall completely surround the amusement park, and said fence shall not be placed less than 10 feet from any property line or public road right-of-way.

C. Structure height. No ride, structure or other amusement attraction shall be located closer to any setback line than the height of said ride, structure or amusement.

D. Hours of operation. Hours of operation shall be limited to the period between 9:00 a.m. and 11:00 p.m.

§ 400-36 Animals, keeping of.

A. Kennels. Kennels are considered conditional uses in the R-R District and shall be subject to § 400-84 of this chapter and the following conditions:

(1) Parcel size. A minimum parcel of two acres shall be required.

(2) Setbacks. Any structure used for the keeping of dogs shall meet the setbacks in Table 400-36A.

(3) Parking. Adequate off-street parking shall be provided pursuant to this chapter, with one space for each nonresident employee and one space per four dogs kept on the premises.

(4) Noise barrier. A noise barrier consisting of a solid fence not less than six feet in height or a dense vegetative planting of not less than six feet in height shall be provided at a distance not to exceed 15 feet and fully encircling all kennel areas not enclosed in a building.

(5) Hours outdoors. All animals shall be restricted from using kennel areas not fully enclosed in a building from 8:00 p.m. to 8:00 a.m.

(6) Wastes. The applicant shall provide for adequate and proper disposal at a PA DEP-approved facility of all any waste materials generated on the premises, and a detailed plan for the same shall be included with the zoning application. In any case, all animal wastes shall be stored in watertight containers in an area meeting the setbacks in Subsection A(2) of this § 400-36 until disposed of ,and proof of such disposal shall be provided to the Borough.

(7) Nuisances. The kennel shall not create any nuisance due to odor, noise, dust or other factor on any neighboring property.

	Table 400-36A Lot Size and Setbacks for Kennels and Stables
	Type of Use	Minimum Lot Size (acres)	Property Line Setback (feet)	Road Setback* (feet)	Existing Building Setback** (feet)
	Private stable and boarding stables	2	50	50	100
	Commercial stable	25	100	75	100
	Kennel	2	50	50	75

	*	Applies to any public or private road right-of-way.
	**	Applies to any existing principal residential or commercial building not located on the project premises.

B. Stables, private. Private stables and boarding stables are permitted as an accessory use to a single-family residence in accord with the Schedule of Uses and subject to the following conditions:

(1) Parcel size. A minimum parcel size of two acres shall be required for the residence and stable.

(2) Number of horses. No more than two horses shall be kept, except that one additional horse may be kept for each additional full one acre of land in excess of the minimum lot size required in Table 400-36A.

(3) Building size. The building used to house the horses shall meet the most current Society for the Prevention of Cruelty to Animals standards.

(4) Fences. All horses shall be restricted from grazing or intruding on an adjoining property by adequate fences or other means.

(5) Parking. Adequate off-street parking shall be provided pursuant to this chapter.

(6) Setbacks. Any stable building or corral or other indoor or outdoor area used for feeding of animals, concentrated confinement of animals or manure storage shall meet the setbacks on Table 400-36A. These setbacks shall not apply where the affected adjoining or neighboring property owner provides a written, notarized, letter stating the acceptance of a lesser, specified setback.

(7) Existing structures. On parcels meeting the minimum parcel size requirement, the use of an existing structure for housing of horses, which structure does not meet the required setbacks on Table 400-36A, may be permitted as a conditional use, provided the applicant can document that no nuisances will be created due to noise, odor or other factors, and the Borough can establish adequate conditions to assure the same.

(8) Nuisances; manure management. The operation of the stable shall not create any nuisance due to odor, noise, dust or other factor on any neighboring property, and the applicant shall provide a plan for soil erosion and sedimentation control and manure management for approval by the Borough.

(9) Uses permitted. The following types of uses shall be permitted as part of the operation:

(a) Breeding, raising, keeping and sale of horses, and necessary buildings and structures.

(b) Training of horses, and necessary buildings and structures, including facilities for training and lessons only.

(c) Boarding of horses.

C. Stables, commercial and horses for hire. Commercial stables, including horses for hire, shall, in addition to all other applicable requirements of this chapter, comply with the following requirements:

(1) Parcel size. A minimum parcel of 25 acres shall be required, and a single-family residence for the owner or manager shall be permitted on the premises, provided all other sections of this chapter and other applicable standards are met.

(2) Number of horses. No more than 10 horses are kept, with the exception that one additional horse may be kept for each additional one acre of land in excess of the minimum acreage required in § 400-36C(1).

(3) Building size. The building used to house the horses shall not be less than 200 square feet in size for one horse, with an additional 200 square feet for each additional horse.

(4) Fences. All horses shall be restricted from grazing or intruding on an adjoining property by fences or other means.

(5) Parking. Adequate off-street parking shall be provided pursuant to this chapter, with one space provided for each nonresident employee and one space per two horses kept on the premises.

(6) Setbacks. Any stable building or corral or other indoor or outdoor area used for feeding of animals, concentrated confinement of animals or manure storage shall meet the setbacks on Table 400-36A. These setbacks shall not apply where the affected adjoining or neighboring property owner provides a written, notarized, letter stating the acceptance of a lesser, specified setback.

(7) Nuisances; manure management. The operation of the stable shall not create any nuisance due to odor, noise, dust or other factor on any neighboring property, and the applicant shall provide a plan for soil erosion and sedimentation control and manure management for approval by the Borough.

(8) Uses permitted. The following types of uses shall be permitted as part of the horse farm operation:

(a) Breeding, raising, keeping and sale of horses and necessary buildings and structures.

(b) Training of horses and necessary buildings and structures, including facilities for training only, which are set back a minimum of 150 feet from all neighboring and adjoining property lines and any public or private road right-of-way.

(c) Boarding of horses and necessary buildings and structures.

(d) The hire of horses for riding or other use by persons other than the owners of the horses or the owners' guests.

(e) Sale of horses other than the horses raised or boarded on the premises.

(f) Retail sales of goods or merchandise which are incidental and accessory to the stable use.

D. Zoos, menageries, and wild and exotic animals. No individual other than a registered veterinarian in the course of his professional duties or a licensed falconer who keeps and maintains only his own birds is permitted to maintain, keep or possess within the Borough any wild or exotic animal except in an approved menagerie or zoo. Menageries and zoos shall, in addition to all other applicable requirements of this chapter, comply with the following requirements:

(1) A minimum parcel size of five acres shall be required.

(2) All animals and animal quarters shall be kept in a clean and sanitary condition. Adequate ventilation shall be maintained.

(3) The permit holder shall use every reasonable precaution to assure that the animals are not teased, abused, mistreated, annoyed, tormented or in any manner made to suffer by any means.

(4) Animals which are enemies by nature or are temperamentally unsuited shall not be quartered together or so near each other as to cause the animals fear or to be abused, tormented or annoyed.

(5) The permit holder shall maintain the premises so as to eliminate offensive odors or excessive noise.

(6) The permit holder shall not permit any condition causing disturbance of the peace and quiet of his neighbors.

(7) Animals must be maintained in quarters so constructed as to prevent their escape. The permit holder assumes full responsibility for recapturing any animal that escapes from his premises. The permit holder shall make adequate provisions and safeguards to protect the public from the animals.

(8) The operation shall conform to all applicable local, state and federal laws and regulations.

(9) Any building, corral or other indoor or outdoor area used for feeding of animals, concentrated confinement of animals or animal fecal matter storage shall not be located within 100 feet of any adjoining property line and 75 feet from any public or private road right-of-way.

(10) The applicant shall provide for adequate disposal of any and all waste materials generated on the premises, and a detailed plan for the same shall be included with the zoning application.

§ 400-37 Communications antenna and communications towers.

A. The following regulations shall apply to communications antenna and communications towers and support structures as defined in Article XI and referred to as "communication devices (CD)" in this section. Such CD and associated facilities shall be permitted only in the districts as provided in this § 400-37 and Article IV. The Borough Council makes the following findings:

(1) Technical developments in the telecommunications field have provided new options for the expansion and delivery of communications services to the Borough of Dalton and its residents.

(2) The Council recognizes that the Borough of Dalton, its police, fire and emergency medical services and its residents and visitors rely on wireless communications services for business and personal uses.

(3) The Council therefore desires to encourage efficient and adequate wireless communications services within the Borough of Dalton while at the same time protecting the public health, safety and welfare.

(4) In an effort to facilitate efficient and adequate communications services and protect the interests of its residents, the Council of Dalton Borough desires to regulate the construction and the placement of communications towers and antennas.

(5) Federal and state statutes and regulations impose certain limitations on the Borough of Dalton's ability to regulate the placement and construction of communications towers and antennas.

(6) It is necessary to amend this chapter to make it consistent with the interests of the Borough of Dalton and its residents and the limitations imposed by federal and state statutes and regulations.

B. Purposes.

(1) To accommodate the need for communication devices while regulating their location and number in the Borough in recognition of the need to protect the public health, safety and welfare.

(2) To minimize the adverse visual effects of communications devices and support structures through proper design, siting and vegetative screening.

(3) To avoid potential damage to adjacent properties from communications device support structure failure and falling ice, through engineering and proper siting of support structures.

(4) To encourage the joint use of any commercial communications device support structures and to reduce the number of such structures needed in the future.

C. Permits; use regulations. A permit shall be required for every CD installed at any location, and the following use regulations shall apply:

(1) Existing tall structures. A CD site with a CD that is attached to an existing communications tower, smokestack, water tower, or other tall structure where the height of the CD does not exceed the height of the existing structure (as it existed at the time before the first CD attachment) by more than 15 feet shall be permitted in all districts as an accessory use, and conditional use approval shall not be required. However, a CD shall not be mounted on any residential dwelling. The applicant shall provide the following information:

(a) Evidence from a Pennsylvania-registered professional engineer certifying that the proposed installation will not exceed the structural capacity of the building or other structure, considering wind and other loads associated with the antenna location.

(b) Detailed construction and elevation drawings indicating how the antennas will be mounted on the structure for review by the Borough for compliance with the Dalton Borough Building Code and other applicable requirements.

(c) Evidence of recorded agreements and/or easements necessary to provide access to the building or structure on which the antennas are to be mounted so that installation and maintenance of the CD and associated equipment can be accomplished.

(2) New structures and CD exceeding 15 feet on existing structures – R-R only. A site with a CD that is either not mounted on an existing structure or is more than 15 feet higher than the structure on which it is mounted shall be permitted only in R-R and M-1 Districts and shall require conditional use approval in accord with this § 400-37.

(3) Associated use. All other uses ancillary to the CD (including a business office, maintenance depot, vehicle storage, etc.) are prohibited from the CD site, unless otherwise permitted in the zoning district in which the CD site is located. This shall not prohibit the installation as accessory structures of equipment buildings not intended for human occupancy to house only equipment necessary for the operation of the CD.

(4) CD as a second principal use. A CD facility shall be permitted on a property with an existing use, subject to the following land development standards:

(a) The CD shall be fully automated and unattended on a daily basis and shall be visited only for periodic maintenance.

(b) The minimum lot area, minimum setbacks and maximum height required by this chapter for the CD and support structure shall apply, and the land remaining for accommodation of the existing principal use(s) on the lot shall also continue to comply with the minimum lot area, density and other requirements.

(c) The vehicular access to the equipment building shall, whenever feasible, be provided along the circulation driveways of the existing use in accord with § 400-37D(10).

(d) The applicant shall present documentation that the owner of the property has granted and filed of record an easement or other legal interest for the land for the proposed facility and that vehicular access is provided to the facility. A copy of all documentation shall be provided to the Zoning Officer.

D. Standards.

(1) Location requirement and number. The applicant shall demonstrate to the satisfaction of the Borough, using technological evidence, that the CD must go where it is proposed in order to satisfy its function in the company's grid system. The number of CDs to be installed at a site by an applicant may not exceed the current minimum necessary to ensure the adequacy of current service required by the Federal Communications Commission (FCC) license held by that applicant. The applicant must document the need for the additional CD to ensure the adequacy of current service and shall provide information on the general location of other towers/sites planned for the region.

(2) Co-location; new tower. If the applicant proposes to build a tower (as opposed to mounting the CD on an existing structure), the Borough may require the applicant to demonstrate that it contacted in writing the owners of tall structures within a one-mile radius of the site proposed, asked for permission to install the CD on those structures, and was denied for reasons other than economic ones. This would include smokestacks, water towers, tall buildings, CD support structures of other cellular phone companies, other communications towers (fire, police, etc.) and other tall structures. The Borough may deny the application to construct a new tower if the applicant has not made a good faith effort to mount the CD on an existing structure thereby documenting that there exists no other support structure which can reasonably serve the needs of the owner of the proposed CD. A good faith effort shall demonstrate that one or more of the following reasons apply to a particular structure:

(a) The proposed equipment would exceed the structural capacity of the existing structure, and its reinforcement cannot be accomplished at a reasonable cost.

(b) The proposed equipment would cause radio frequency interference with other existing equipment for that existing structure, and the interference cannot be prevented at a reasonable cost.

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

(d) Addition of the proposed equipment would result in electromagnetic radiation from such structure exceeding applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation.

(e) A commercially reasonable agreement could not be reached with the owners of such structures.

(3) CD height. The applicant shall demonstrate that the CD is at the minimum height required to function satisfactorily and provide adequate height for eight service providers. The Borough may require the tower to be designed and constructed to be stackable (structurally capable of being increased in height), so that additional antennas arrays can be accommodated in addition to the arrays on the original tower to facilitate future co-location. CD equipment buildings shall comply with the accessory structure height limitations of the applicable zoning district.

(4) Parcel size; setbacks. If a new CD is constructed (as opposed to mounting the CD on an existing structure) or if the CD height exceeds the height of the existing structure on which it is mounted by more than 15 feet, the zoning district minimum lot, lease, license or easement size shall apply, and in all cases the lot shall be of such size that all required setbacks are satisfied. The distance between the base of the support structure and any adjoining lot, lease, license or easement line shall not be less than the height of the CD. The setback for equipment buildings, other accessory structures and guy wire anchors shall be a minimum of 30 feet.

(5) CD health and safety. CD shall comply with all applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation. The applicant shall demonstrate that the proposed CD is safe and the surrounding areas will not be negatively affected by support structure failure, falling ice or other debris, electromagnetic fields, or radio frequency interference. All support structures shall be fitted with anti-climbing devices, as approved by manufacturers. The applicant shall submit certification from a Pennsylvania-registered professional engineer that a proposed CD will be designed and constructed in accordance with the current Structural Standards for Steel Antenna Towers and Antenna Supporting Structures, published by the Telecommunications Industry Association and applicable requirements of any applicable building code. Prior to initial operation, the owner and/or operator of the CD shall provide a certification from a Pennsylvania-registered professional engineer that the CD complies with all applicable regulations.

(6) Fencing. A fence shall be required around the CD support structure, guy wire anchors and other equipment, unless the CD is mounted on an existing structure. The fence shall be a minimum of eight feet in height.

(7) Landscaping. Landscaping shall be required to screen as much of the support structure as possible, the fence surrounding the support structure and any other ground-level features (such as a building), and, in general, buffer the CD site from neighboring properties. The Borough may permit any combination of existing vegetation, topography, walls, decorative fences or other features instead of landscaping, if the same achieves the same degree of screening as the required landscaping. If the CD is mounted on an existing structure and other equipment is housed inside an existing structure, landscaping shall not be required. In addition, existing vegetation on and around the site shall be preserved to the greatest extent possible.

(8) Co-location; other uses. In order to reduce the number of CD support structures needed in the community in the future, the proposed support structure shall be required to accommodate other users, including but not limited to other cellular phone companies and local fire, police, and ambulance companies. The applicant shall provide evidence of written contact with all wireless service providers who supply service within the Borough for the purpose of assessing the feasibility of co-located facilities. The proposed structure, if evidenced by need as determined by the Borough, shall be constructed to provide available capacity for other providers should there be a future additional need for such facilities.

(9) Licenses; other regulations; insurance. The applicant must demonstrate that it has obtained the required licenses from the Federal Communications Commission, the Pennsylvania Public Utility Commission and other agencies. The applicant shall also document compliance with all applicable state and federal regulations. The applicant shall submit the name, address and emergency telephone number for the operator of the CD and a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the CD.

(10) Access; easement; required parking. Access to the CD shall be provided by means of a public street or easement to a public street. The easement shall be a minimum of 20 feet in width and shall be improved to a width of at least 12 feet with a dust-free, all-weather surface for its entire length. If the CD site is fully automated, adequate parking shall be required for maintenance workers, with a minimum of one space per service provider. If the site is not automated, the number of required parking spaces shall equal the number of people on the largest shift.

(11) CD design, lighting and signs; FCC and PennDOT notice. Unless the Borough Council determines that a standard CD design is more appropriate, all CDs shall be constructed to resemble a living evergreen tree common to the area with brown bark-like solid center structures with evergreen leaf-like appendages. This shall include but not be limited to the tower, antenna and support structures. If a standard design is permitted, CD support structures under 200 feet in height should be painted silver or have a galvanized finish retained in order to reduce the visual impact. Support structures may be painted green up to the height of nearby trees. Support structures 200 feet in height or taller, those near airports, or those which are otherwise subject to Federal Aviation Administration (FAA) regulations shall comply with said regulations. No CD may be artificially lighted unless required by the Federal Aviation Administration. No signs shall be mounted on a communications tower, except as may be required by the Federal Communications Commission, Federal Aviation Administration or other applicable regulation. The applicant shall provide a copy of the response to notice of proposed construction or alteration forms submitted to the FAA and PennDOT Bureau of Aviation, and the CD shall comply with all FAA and PennDOT requirements.

(12) Communications interference. The applicant shall document that the radio, television, telephone or reception of similar signals in the area will not be disturbed or diminished.

(13) Historic structures. A CD shall not be located on a building or structure that is listed on a historic register or within 500 feet of such a structure.

(14) Discontinued use. Should any CD cease to be used as a communications facility, the owner or operator or then owner of the land on which the CD is located shall be required to remove the same within one year from the abandonment of use. Failure to do so shall authorize the Borough to remove the facility and assess the cost of removal to the foregoing parties. The Borough may also file a municipal lien against the land to recover the costs of removal and attorney's fees. In addition, at the time of building permit issuance, the Borough shall require a financial guarantee, in a term, form and amount determined by the Borough Council with the advice of the Borough Solicitor, to guarantee the removal of the tower.

(15) Site plan. A full site plan shall be required for all CD sites, showing the CD, buildings, fencing, buffering, access, and all other items required in Chapter 300, Subdivision and Land Development. The site plan shall not be required if the CD is to be mounted on an existing structure and the CD does not exceed the height of the existing structure by more than 15 feet.

(16) Review fees. The applicant shall pay all professional costs incurred by the Borough for review of structural, radio frequency and other technical aspects of the proposal and shall deposit with the Borough an amount deemed adequate by the Borough Council to cover the anticipated costs. Should the review costs exceed the deposit, an additional assessment shall be made. If the deposit exceeds the cost, the balance shall be returned to the applicant. No approval shall become effective until all costs have been paid by the applicant.

§ 400-38 Detention facilities.

In addition to all other applicable standards, detention facilities shall be in strict conformity with the following specific requirements and regulations and shall be permitted only in those districts as specified in the Schedule of Uses.

A. Setbacks. The building and all secure areas shall meet the setbacks for the district and shall not be less than 100 feet from any:

(1) Residence.

(2) Group care facility.

(3) Commercial enterprises catering primarily to persons under 18 years of age.

(4) Public or semipublic building or use.

(5) Public park or public recreation facility.

(6) Health facility.

(7) Church or synagogue.

(8) Public or private school.

B. Fence. A perimeter security fence, of a height and type determined by the Borough, may be required.

C. Security. All applications shall include for approval by the Borough a plan addressing security needs to protect the health and safety of the public as well as residents of the proposed facility. Such plan shall include a description of the specific services to be offered, types of residents to be served, and the staff to be employed for this purpose. The plan shall identify the forms of security normally required with care of the type to be offered and detail the specific measures to be taken in the construction, development and operation of the facility so as to provide appropriate security. The plan shall, at a minimum, reasonably restrict unauthorized entry and/or exit to and from the property and provide for effective separation from adjoining residences by means of fencing, signs, or a combination thereof. The plan shall also address measures to ensure that lighting and noise is controlled, particularly with respect to loudspeakers or other amplification devices and floodlights.

D. Accessory uses and ancillary activities. Accessory uses permitted in conjunction with an institution shall include laboratories, offices, snack bars, educational facilities and programs, vocational training facilities and programs, recreational and sports facilities, and other accessory uses ordinarily provided in conjunction with such institutions.

§ 400-39 Junkyards. [1]

Junkyards shall be permitted only in those districts as specified in the Schedule of Uses and, in addition to the standards in Article VII, § 400-28, and other applicable regulations, shall comply with the following requirements:

A. Annual license. On and after the effective date of this chapter, no person shall establish, maintain or operate or continue to maintain or operate a junkyard, and no person shall establish, maintain or operate or continue to maintain or operate any premises in such manner which constitutes a junkyard under the terms of this chapter, except as authorized by this chapter and with a license issued by the Borough. All licenses shall be valid for a period of one year beginning January 1 and expiring January 1 of the following year. All licenses must be renewed annually on or before January 1 of each year.

(1) Application. Any person intending to operate or currently operating a junkyard in the Borough shall make annual application for a license. Said application shall be made on a form prescribed by the Borough and shall, at a minimum, contain the following information. Said application shall be made concurrently with that for any required zoning approval.

(a) Name of applicant.

(b) Address and telephone of applicant.

(c) The location of the junkyard.

(d) Property owner, if different than applicant.

(e) Any criminal record of the applicant, owner or associates involved in the business.

(f) Signature of the applicant and owner.

(2) Plan. The application shall include a plan of the proposed junkyard, showing, at a minimum, the following information:

(a) All information required for land developments by Chapter 300, Subdivision and Land Development.

(b) The location of principal structures on all properties within 1,000 feet of the junkyard premises.

(3) Annual fee. The operator of every junkyard shall pay an annual license fee for the issuance or renewal of every license. The fee shall be established by resolution of the Borough Council.

(4) Annual bond. The operator of every junkyard shall, as part of the annual license requirement, provide a bond to cover the cost of any junk removal undertaken by the Borough in response to violation of this chapter. Nothing herein shall legally bind the Borough Council to effect the removal of any junk and the remediation of any environmental problems associated with any junk, which shall remain the ultimate responsibility of the owner of the property upon which the junk is located and the owner of the junk.

(a) Amount. A surety bond shall accompany every application for license. The amount of the bond shall be established by the Borough Council based upon the size and nature of the proposed junkyard, but in no case shall the amount be less than $20,000.

(b) Form. The bond shall be executed by a surety company authorized by the laws of the Commonwealth of Pennsylvania to transact business within the Commonwealth of Pennsylvania. The Borough may, in lieu of such surety bond, accept a bond executed by the applicant for license if such bond is secured by the deposit with the Borough Secretary of a cashier's check, treasurer's check, or certificates of deposit of a banking institution in the total sum as established by the Council.

(c) Annual renewal. The bond shall be renewed and refiled annually along with the annual license renewal.

(d) Term. The bond shall be executed in favor of the Borough and shall be for the use of the Borough. The term of the bond shall be for one year.

(e) It shall be the condition of the bond that if, upon and after the issuance of such license, the said licensee does not fully and faithfully observe and comply with the provisions of this chapter and any other applicable approvals or regulations, the Borough Council shall have the authority to use such bond to effect the required compliance and/or the removal of junk.

(5) Determination of issuance. Upon receipt of a completed application and fee, the Borough Council, at a duly advertised meeting, shall take action to grant or deny the license application or renewal. Said action shall be based upon the suitability of the premises for the operation of a junkyard; the character of adjacent properties and the likely effect of the junkyard; the general health, safety and welfare of Borough residents; the potential hazards to neighboring properties and structures; and the past performance of the licensee in the case of renewals. No license shall be issued for a new junkyard unless and until the proper zoning and land development approvals are granted by the Borough Council. If approval is granted, the licenses shall be issued and shall be conspicuously posted on the junkyard premises. Any license shall be for the operation of the junkyard only upon the premises for which the license is issued, and no license shall be transferable by any means.

(6) Records.

(a) Every licensee shall maintain written records of the following information for all junk purchased, acquired or received:

[1] Date and approximate time of purchase, acquisition or receipt of junk.

[2] Full and complete description, including trade names and serial numbers, if any.

[3] Name and address of person from whom junk was obtained.

(b) Such records shall be maintained for a period of five years and shall, at all times, be subject to the inspection of the Borough.

(7) Revocation. Any license issued under this chapter may be revoked by the Borough Council in the event the said licensee is found to have given any false information or in any way misrepresented any material fact upon which the Borough has relied in granting the license or where the licensee violates any provisions of this chapter. No fee refunds shall be made in such case.

B. Property owner responsibility. It shall be the ultimate responsibility of the property owner of the premises upon which any junk is situated and the owner of any such junk to comply with this chapter and to provide for the removal of such junk and remediation of any environmental problems associated with any junk.

C. Operating standards. All existing and proposed junkyards licensed under the provisions of this chapter shall be established, maintained and operated in accord with the following standards:

(1) Federal and state regulations. Any junkyard located adjacent to a federal aid highway shall comply with all regulations of the Federal Highway Administration, and all junkyards shall meet the licensing and screening requirements of the Commonwealth of Pennsylvania.

(2) Fencing. All junkyards shall be completely enclosed by a chain-link fence not less than eight feet in height. All gates shall be closed and locked when closed for business. All fences and gates shall be maintained in good repair and in such a manner as not to become unsightly. There shall be no advertising of any kind placed on the fence. The foregoing fencing provisions shall be applicable only to that portion of the premises being immediately used for the storage of junk and shall not be applicable to the balance of the property owned or used by said junkyard operator so long as said remaining portion of land is not being used for the storage of junk as defined in this chapter.

(3) Screening. All junkyards shall be screened to the satisfaction of the Borough Council from any adjoining or neighboring property, any public road right-of-way, or any other premises, and natural vegetative cover shall be maintained in all required setback areas. Vegetative plantings of sufficient height and density, berms, topography or fencing of such design may be used to effect the required screening as determined by the Borough Council. All screening shall be maintained in such fashion as to continue to provide the required screening.

(4) Setbacks. The fence enclosing any junkyard and any structures associated with the junkyard shall be located not less than 100 feet from any public road right-of-way, 100 feet to any property line, or 150 feet from any principal residential or commercial structures existing at the time of adoption of this chapter. The requirements of this Subsection C(4) shall not apply to junkyards existing prior to the effective date of this chapter and which fully complied with prior Borough regulations applicable to junkyards. However, the expansion of any such existing junkyard into an area already not used for the storage of junk shall comply with this Subsection C(4).

(5) Dumping. The area used for a junkyard shall not be used as a dump area for any solid waste as defined by this chapter.

(6) Burning. No burning whatsoever shall be permitted on the premises.

(7) Hazardous materials. In cases where the junkyard includes 10 or more junk vehicles or where the Borough Council deems it necessary to meet the intent of this chapter, and to further protect groundwater and surface water, all batteries, coolants, gasoline, diesel fuel, engine oil, any other petroleum products and any other noxious or potentially contaminating materials must be removed from all junk within two working days after arrival to the premises and shall be disposed of in a manner meeting all state and federal requirements. Such liquids and materials, while stored on the premises, shall be kept separately in leakproof containers at a central location on the premises.

(8) Water quality. In cases where the junkyard includes 10 or more junk vehicles or where the Borough Council deems it necessary to meet the intent of this chapter, the owner of any junkyard shall be required to monitor the groundwater and surface water in the vicinity of the junkyard. Water testing shall be conducted every three months on any stream located on the premises or any stream within 500 feet of any area used for the storage of junk if water drainage from the junkyard area is to said stream. For each testing period, two samples shall be collected; one sample shall be taken from the stream at a point upstream of the junkyard drainage area and one sample shall be taken from the stream at a point below the junkyard drainage area. In addition, the well located on the premises shall also be sampled every three months. The samples shall be collected and analyzed by a certified water analysis laboratory for hydrocarbons or other parameters deemed appropriate by the Borough Council, and results shall be provided to the Borough. If said samples exceed the limits established by the Pennsylvania Department of Environmental Protection, the junkyard shall cease operation until such time as the source of the contamination has been identified and corrected.

(9) Fire lanes. Fire lanes of a minimum width of 20 feet shall be maintained so that no area of junk shall span a distance of more than 50 feet.

(10) Hours of operation. Any activity associated with the operation of the junkyard that produces any noise audible beyond the property line shall be conducted only between the hours of 7:00 a.m. and 8:00 p.m. During business hours, an adult attendant shall, at all times, remain on the premises.

(11) Stacking of junk. Junk vehicles or major parts thereof shall not be stacked on top of any other junk vehicle or major part. No junk shall be stacked or piled to a height of greater than 10 feet.

(12) Nuisances. All premises shall, at all times, be maintained so as not to constitute a nuisance, or a menace to the health, safety and welfare of the community or to the residents nearby, or a place for the breeding of rodents and vermin. Within two days of arrival on the premises, all glass shall be removed from any broken windshield, window or mirror, and all trunk lids, appliance doors and similar closure devices shall be removed. Grass and weeds on the premises shall be kept mowed.

(13) Waste. Waste shall not be stored outside and shall not be accumulated or remain on any premises except temporarily awaiting disposal in accord with this chapter. No junkyard shall be operated or maintained in violation of any state or federal regulations governing the disposal of any solid or liquid waste.

(14) Fireproof structures. Every structure erected upon the premises and used in connection therewith shall be of fireproof construction.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 400-40 Mineral extraction and minor mineral extraction.

A. Findings. The primary minerals of importance extant in the Borough are sand and gravel and quarry stone. The Pennsylvania Municipalities Planning Code[1] clearly recognizes mineral extraction as a lawful use. Along with other community effects, such uses can have impacts on water supply sources and are governed by state statutes that specify replacement and restoration of affected water supplies. In addition, the MPC now severely limits the range of development and operational standards which can be applied to mineral extraction by local municipalities, with location standards the primary tool available to the Borough. Municipalities Planning Code Section 603(i)[2] states that zoning ordinances shall provide for the reasonable development of minerals in each municipality. The MPC definition of minerals is: "Any aggregate or mass of mineral matter, whether or not coherent." The term includes, but is not limited to, limestone and dolomite, sand and gravel, rock and stone, earth, fill, slag, iron ore, zinc ore, vermiculite and clay, anthracite and bituminous coal, coal refuse, peat, and crude oil and natural gas. The MPC at Section 603(b)[3] allows zoning ordinances to regulate mineral extraction, but only to the extent that such uses are not regulated by the state Surface Mining Conservation and Reclamation Act, the Noncoal Surface Mining Conservation and Reclamation Act, and the Oil and Gas Act.[4] These acts regulate such things as setbacks, dust, noise, blasting, water supply effects, and reclamation.

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

[2] Editor's Note: See 53 P.S. § 10603(i).

[3] Editor's Note: See 53 P.S. § 10603(b).

[4] Editor's Note: See, respectively, 52 P.S. § 1396.2 et seq.; 52 P.S. § 3301 et seq.; and now 58 Pa.C.S.A. § 3201 et seq. (as the Oil and Gas Act, former 58 P.S. § 601.101 et seq., was repealed in 2012 by P.L. 87, No. 13).

B. Intent. The intent of this section is to ensure the Borough is supplied with all necessary information for making an informed decision about the proposed mineral extraction and to establish the foundation for any conditions required to protect the public health, safety and general welfare. In addition, location standards are included which are not addressed by the preemptive state statutes.

C. Mineral extraction processing – a separate use. Any use which involves the refinement of minerals by the removal of impurities, reduction in size, transformation in state, or other means to specifications for sale or use, and the use of minerals in any manufacturing process such as, but not limited to, concrete or cement batching plants, asphalt plants and manufacture of concrete and clay products, shall be considered mineral processing, a separate and distinct use regulated as manufacturing by this chapter. This shall not preclude the incidental screening, washing, crushing and grading of materials originating on the site as part of a mineral extraction operation.

D. Mineral extraction, minor. The intent of this section is to permit in the R-R District mineral extraction operations limited in area, duration and mechanical operations. Mineral extraction operations with an open face of 10,000 square feet or less, which will not result in a total disturbed area of more than two acres on any one parcel over the life of the operation, and which do not involve on-site screening, washing, crushing and grading, and/or any mineral processing or the use of manufacturing equipment, shall be hereinafter referred to as "mineral extraction, minor." The duration of the minor mineral extraction process shall not exceed 180 days, and reclamation of the entire site shall be completed within one year of the issuance of the zoning use permit. The subdivision of a parcel to qualify for additional mineral extraction, minor uses shall not be permitted. Mineral extraction, minor uses shall be exempt from the plan submission requirements of this § 400-40; however, said operations shall comply with the operational and rehabilitation standards.

E. Location requirements. Mineral extraction and mineral extraction, minor shall be permitted only in those districts specified in the Schedule of Uses and only in accord with the requirements of this § 400-40 and all other applicable ordinance requirements. The mineral extraction operation shall comply with the following additional location requirements:

(1) Parcel size. The minimum parcel size shall be 10 acres for mineral extraction, minor and 50 acres for mineral extraction.

(2) Property line setback, zoning district setback and buffer. A setback of 100 feet shall be maintained between any mineral extraction operation and adjoining properties and public road rights-of-way. In addition, a setback of 300 feet shall be required between a mineral extraction operation and the boundary line of any zoning district where dwellings are permitted. These setback areas shall be undisturbed to provide a buffer and shall not be used for parking, storage or any other purpose except landscaping and crossing of access roads. In determining the type and extent of the buffer required, the Borough shall take into consideration the design of the project structure(s) and site, topographic features which may provide natural buffering, existing natural vegetation, and the relationship of the proposed project to adjoining areas. If required, the landscaped buffer may be installed in the setback area and shall consist of trees, shrubbery and other vegetation and shall be a minimum of 25 feet wide. Design details of buffers shall be included on the site plan, and buffers shall be considered "improvements" for the purposes of guaranteeing installation in accord with the requirements for land developments in Chapter 300, Subdivision and Land Development. It shall be the responsibility of the property owner to maintain all buffers in good condition, free of rubbish, and replace any dying or dead plants or deteriorating landscape material.

F. Local, state and federal regulations. Mineral extraction and mineral extraction, minor operations shall comply with all applicable local, state and federal laws and rules and regulations. No zoning permit shall be issued until such time as the applicant provides evidence of compliance with state and federal regulations. Applicable laws and rules and regulations include, but are not limited to, the Noncoal Surface Mining Conservation and Reclamation Act and the Clean Streams Law.[5]

[5] Editor's Note: See, respectively: 52 P.S. § 3301 et seq.; and 35 P.S. § 691.1 et seq.

G. Information requirements. The applicant shall, at a minimum, provide the information required by this chapter and the information required for land developments in Chapter 300, Subdivision and Land Development. In addition, the applicant shall submit all other information required to enable the Borough to assess the environmental, community and other public health, safety and welfare effects of the proposed operation. The findings of the Borough based on this information shall serve as a basis for the establishment of conditions of approval in accord with the Pennsylvania Municipalities Planning Code.[6]

(1) DEP application information. The applicant shall provide a copy of all applications and information required by the applicable DEP rules and regulations. However, applicants proposing mineral extraction operations qualifying as small noncoal operations under DEP regulations shall provide all information required by Chapter 77, Noncoal Mining, of the DEP rules and regulations, for operations which are not considered small noncoal operations.

(2) Surface water and groundwater protection, traffic impact study and environmental impact statement. The Borough shall require for mineral extraction, and may require for mineral extraction, minor, the applicant to submit details about groundwater and surface water protection, an environmental impact statement, and a traffic impact study for major impact developments.

[6] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

H. Reporting requirements. For any mineral extraction operation approved by the Borough, the operator shall submit to the Borough copies of all DEP-required or DEP-issued documents and reports associated with the operation within 15 days of the date of the document or report.

§ 400-41 Self-storage facilities.

Self-storage facilities shall be permitted only in those districts as specified in the Schedule of Uses and shall comply with the following standards in addition to all other applicable standards of this chapter.

A. Bulk requirements. Minimum lot size, lot width and setbacks, and maximum lot coverage and building height shall conform to district standards. Minimum distance between buildings shall be 20 feet.

B. Setback areas. There shall be no storage, use or structure within the setback area, with the exception of the access drive(s).

C. Fence. The facility shall be surrounded by a fence of such height and design as to restrict access to the warehouse, and said fence shall not be less than six feet in height and shall be located between the warehouse and any required vegetative screening.

D. Habitation. No storage unit shall be used for habitation or residential purposes and individual mini-warehouse units shall not be served by a water supply or a sewage disposal system.

E. Storage limitations. No storage unit shall be used for any other purpose except storage and shall not be used for any other type of commercial or manufacturing activity. No material, supplies, equipment or goods of any kind shall be stored outside of the warehouse structure, with the exception of the vehicles required for the operation of the warehouse and boats and recreational vehicles and trailers.

F. Lighting. All facilities shall be provided with adequate outdoor lighting for security purposes, and such lighting shall be so directed as to prevent glare on adjoining properties.

G. Fire/water damage. All storage units shall be fire-resistant and water-resistant.

H. Materials stored. All self-storage facility proposals shall include detailed information on the nature and quantity of materials to be stored on the premises. Proposed space rental agreements shall be submitted with the conditional use application and shall provide specific rules and regulations to ensure that the requirements of this § 400-41 are or will be satisfied.

§ 400-42 Solid waste.

Solid waste facilities, including transfer stations and staging areas, herein referred to as "facilities," shall be permitted only in those districts as specified in the Schedule of Uses and shall, in addition to the other applicable standards in this chapter, be subject to all applicable state and federal regulations and the requirements of this § 400-42.

A. Traffic study. The applicant shall provide evidence by a professional person or firm competent to perform traffic analysis showing that the traffic generated by the site will not cause a reduction in the level of service on the roads used by said facility. The applicant shall provide copies of the completed traffic analysis to the Borough Engineer for review and approval. The Borough Engineer shall transmit the review in writing to Borough Council, the applicant and other known parties of interest prior to the hearing. If the facility will cause a reduction in the level-of-service approval shall not be granted.

(1) The traffic study and plan shall establish the most direct proposed route or routes for vehicles carrying solid waste to the facility. This route shall minimize impacts on any residence, commercial or retail establishment, public school or religious institution.

(2) The traffic impact study and plan shall include proposed remedial actions to be taken in the event of a solid waste spill or accident involving a vehicle transporting solid waste.

B. Yards. All parts of any facility created after the effective date of this chapter shall meet the setbacks established for the district and shall not be less than 100 feet from any:

(1) Residence.

(2) Group care facility.

(3) Commercial enterprises catering primarily to persons under 18 years of age.

(4) Public or semipublic building or use.

(5) Public park or public recreation facility.

(6) Health facility.

(7) Church or synagogue.

(8) Public or private school.

C. Fencing. All facilities shall be completely enclosed by a chain-link fence not less than 10 feet in height. The erection of said fence shall be completed within six months after the effective date of this chapter for existing facilities and prior to the issuance of a certificate of use for a new facility. All gates shall be closed and locked when closed for business. The fence and gate shall be maintained in such a manner as not to become unsightly. There shall be no advertising of any kind placed on the fence.

D. Environmental impact statement. As part of the conditional use process, the Borough may require the applicant to prepare and submit an environmental impact statement pursuant to § 400-30 of this chapter.

E. Storage and loading/unloading. Storage of materials, supplies or solid waste in motor vehicles, truck trailers or other containers normally used to transport materials shall not be permitted. Any solid waste stored for more than three hours shall be stored in an enclosed building. For any facility other than a sanitary landfill, all transfer, loading and unloading of solid waste shall only occur within an enclosed building and over an impervious surface which drains into a holding tank that is then adequately treated.

F. Effluent treatment. The facility shall provide for treatment and disposal for all liquid effluent and discharges generated by the facility due to the storage, loading or unloading, transfer, container or vehicle washing, or other activity undertaken in processing or transporting the solid waste. All such activities shall be conducted only over an impervious surface, and all drainage shall be collected for treatment. Any water discharge from the facility after being treated by the wastewater treatment system shall meet all applicable Department of Environmental Protection regulations and Sewer Authority requirements.

G. Dangerous materials. No radioactive, hazardous, chemotherapeutic or infectious materials may be disposed of or stored or processed in any way, except for types and amounts of hazardous substances customarily kept in a commercial business for on-site use. Infectious materials are defined as "medical wastes used or created in the treatment of persons or animals with seriously contagious diseases."

H. Water quality. The owner of any facility shall be required to monitor the groundwater and surface water in the vicinity of the facility. Water testing shall be conducted every three months on any stream located on the premises or any stream within 500 feet of any area used for the storage or disposal of solid waste if water drainage from the facility is to said stream. For each testing period, two samples shall be collected; one sample shall be taken from the stream at a point upstream of the solid waste disposal facility drainage area, and one sample shall be taken from the stream at a point below the facility drainage area. In addition, the well located on the premises shall also be sampled every three months. The samples shall be collected and analyzed by a certified water analysis laboratory for hydrocarbons or other parameters deemed appropriate by the Borough Council and results shall be provided to the Borough. If said samples exceed the limits established by the Pennsylvania Department of Environmental Protection, the facility shall cease operation until such time as the source of the contamination has been identified and corrected.

I. Emergency access. The operator of the facility shall cooperate fully with local emergency services. This should include allowing practice exercises on the site and the provision of all information needed by the emergency services to determine potential hazards. Adequate means of emergency access shall be provided.

J. Hours of operation. Under the authority granted to the Borough under state Act 101 of 1988,[1] all such uses shall be permitted to operate only between the hours of 7:00 a.m. to 7:00 p.m. and are not permitted to operate on Sundays, Christmas Eve Day, Christmas Eve, New Year's Day, 4th of July, Labor Day, Memorial Day or Thanksgiving Day. All deliveries of solid waste shall be made during the hours between 7:00 a.m. to 5:00 p.m. and not on Sundays or the above-specified holidays.

[1] Editor's Note: See 53 P.S. § 4000.101 et seq.

K. Nuisances. Any facility shall be operated in such a manner to prevent the attraction, harborage or breeding of insects, rodents or vectors. The applicant shall prove to the satisfaction of the Borough Council that the use would not routinely create noxious odors off of the tract. The operator shall regularly police the area of the facility and surrounding street to collect letter that may escape from the facility or truck. The applicant shall provide documentation to the satisfaction of the Borough Council that the proposed facility shall operate in such a manner as to not create a general nuisance, endanger the public health, safety and welfare, or inhibit the public's use or enjoyment of their property.

L. Attendant and inspections. An attendant shall be present during all periods of operation or dumping. The applicant shall, if granted a conditional use permit, allow access at any time to the facility for inspection by appropriate Borough officials and provide the Borough with the name and phone number of a responsible person(s) to be contacted at any time in the event of an inspection.

M. State and federal regulations and reporting. The operation and day-to-day maintenance of the facility shall comply with all applicable state and federal regulations as a condition of the continuance of any permit of the Borough. Violations of this condition shall also be considered to be violations of this chapter. All solid waste transfer facilities (as defined by this chapter) shall be subject to all requirements of 25 Pa. Code Chapter 279 (as amended), Transfer Facilities, regardless of whether a permit pursuant to said requirement is required. Where a difference exists between applicable state regulations and Borough regulations, it is intended for the purposes of this § 400-42 that the more stringent requirements shall apply. A copy of all written materials and plans that are submitted to DEP by the applicant shall be concurrently submitted to the Zoning Officer.

§ 400-43 Temporary commercial uses.

The provisions of this section are intended to allow limited temporary uses in the Borough at locations in C-2 Zoning Districts that will not compromise public health, safety and general welfare.

A. Definition of temporary commercial use. A temporary commercial use is a commercial enterprise that operates at a fixed location for a temporary period of time on a parcel of land without other uses or in connection with some other established use. Temporary commercial uses shall include, but not be limited to, any use conducted from mobile trailers, from vehicles, or in the open air. Any use which involves the erection of any permanent or temporary structures, including, among others, tents, platforms, or sheds, or any on-site tables or seating, shall be considered a principal use and shall comply with all requirements of this chapter which normally apply to such principal use as classified by the Schedule of Use Regulations.

B. Procedure. Temporary commercial uses are conditional uses in C-2 Districts, and in addition to the provisions of § 400-84 the provisions in this § 400-43 shall apply.

C. License. A license is required for all temporary commercial uses. The number of temporary commercial use licenses allowed in the Borough shall be limited to four. Licenses shall be issued on a first-come, first-serve basis and shall be valid for a period of one year from the date of issuance. The holder of a temporary license shall have the right of renewal. However, if a holder of a license does not actually engage in the licensed temporary commercial use during any consecutive ten-month period, the license shall become invalid and the permit holder shall have waived the right of renewal. If the use is found to be in violation of any required standards, the license shall be revoked until compliance is achieved.

D. Location and setbacks. No temporary commercial use shall operate within any public right-of-way and shall meet the setbacks required for principal structures in the C-2 District.

E. Signs. One sign not exceeding 10 square feet is permitted for temporary commercial uses.

F. Parking/access. Adequate off-street parking for the exclusive use of the operation shall be provided. Access to the operation shall consist of a well-defined entrance and exit to prevent uncontrolled ingress and egress. Parking on any public road right-of-way shall not be permitted.

G. Sanitary facilities. Sanitary facilities meeting the Borough's requirements shall be provided or documentation shall be provided demonstrating access to such facilities within 500 feet of the operation.

H. Plan. A plan showing the location of the operation, parking, access and other necessary information shall be with the license application.

§ 400-44 Treatment centers/clinics, medical offices and health facilities.

In addition to all other applicable standards, treatment centers/clinics, and medical offices and health facilities, including, but not limited to, hospital facilities and nursing and adult homes, whether publicly or privately operated, shall comply with the following requirements and shall be permitted only in those districts as specified in the Schedule of Uses.

A. Waste disposal. Details shall be provided by the applicant about the types and amount of medical and hazardous waste generated or anticipated to be generated at the facility and how such waste will be handled, stored and disposed of in accord with state and federal requirements.

B. Security. In cases where deemed necessary by the Borough, the applicant shall provide a plan addressing security needs to protect the health and safety of the public as well as the occupants of the proposed facility. Such plan shall include a description of the specific services to be offered, types of patients and/or residents to be served, and the staff to be employed for this purpose. The plan shall identify the forms of security normally required with care of the type to be offered and detail the specific measures to be taken in the construction, development and operation of the facility so as to provide appropriate security. The plan shall, at a minimum, reasonably restrict unauthorized entry and/or exit to and from the property and provide for effective separation from adjoining residences by means of fencing, signs, or a combination thereof. The plan shall also address measures to ensure that lighting and noise is controlled, particularly with respect to loudspeakers or other amplification devices and floodlights.

C. Treatment centers/clinics. The following additional standards shall apply to treatment centers/clinics.

(1) In addition to meeting the setbacks for the district, the building and all secure areas shall not be less than 100 feet from any:

(a) Residence.

(b) Group care facility.

(c) Commercial enterprises catering primarily to persons under 18 years of age.

(d) Public or semipublic building or use.

(e) Public park or public recreation facility.

(f) Health facility.

(g) Church or synagogue.

(h) Public or private school.

(2) A security plan shall be provided in accord with § 400-29P of this chapter.

(3) A perimeter security fence may be required by the Borough and shall be a minimum of 10 feet in height and constructed of chain-link, topped with barbed or concertina wire as may be required by the Borough.

(4) Methadone treatment facilities, as defined by Section 621(d) of the Pennsylvania Municipalities Planning Code,[1] shall, in addition to the other requirements of this § 400-44, comply with the requirements of Section 621 of the Pennsylvania Municipalities Planning Code.

[1] Editor's Note: See 53 P.S. § 621(d).

§ 400-45 Vehicle-related uses.

Vehicle-related uses shall be permitted only in those districts as specified in the Schedule of Uses and, in addition to all other applicable standards, shall comply with the standards in this § 400-45.

A. Car and truck wash facilities. All car and truck wash facilities shall be subject to the following specific regulations and requirements:

(1) The principal building housing the said facility shall be set back a minimum of 60 feet from the road or street right-of-way line and 30 feet from the side or rear property lines.

(2) Appropriate facilities for the handling of wastewater from the washing activities shall be provided, including the prevention of water being dripped onto the adjoining road or street from freshly washed vehicles during periods of freezing weather. The facility shall be designed to recycle water in accord with most current industry practices.

(3) The facility shall have adequate means of ingress and egress to prevent adverse effects to either vehicular or pedestrian traffic. When a wash facility occupies a corner lot, the access driveways shall be located at least 75 feet from the intersections of the front and side street right-of-way lines.

(4) The site shall be sufficiently large to accommodate vehicles awaiting washing during peak periods, but in no case shall the waiting area for each stall accommodate less than three automobiles.

(5) Any wash facility located within 200 feet of any residential district shall not operate between the hours of 9:00 p.m. and 7:00 a.m.

B. Gasoline service stations and vehicle or equipment repair operations. All gasoline service stations and vehicle or equipment repair operations shall be subject to the following specific regulations and requirements:

(1) The principal building housing the operation shall be setback a minimum of 60 feet from the road or street right-of-way line and 30 feet from the side or rear property lines.

(2) All service and repair activities shall be conducted within a completely enclosed building where adequate measures shall be taken to minimize motor noise, fumes and glare; except that minor servicing such as changing tires, sale of gasoline or oil, windshield washing and other similar normal activities may be conducted outside the said building.

(3) Only vehicles with current licenses and current registration waiting to be repaired or serviced or waiting to be picked up by the vehicle owner may be stored outdoors. If a legitimate, bona fide, service station stores more than four vehicles per service stall outdoors, it shall comply with the junk regulations set forth in this chapter.

(4) No area on the lot which is required for the movement of vehicles in and about the buildings and facilities shall be used for complying with the off-street parking requirements of this chapter.

(5) All new or used tires and parts shall be stored within a completely enclosed building or area contained by a solid fence to provide screening. Used tires and parts shall not be stored on the premises in excess of what would normally accumulate in a week of normal operation.

(6) Gasoline pumps and other service appliances may be located in the required front yard but shall not be situated closer than 15 feet from the road or street right-of-way line. Any aboveground storage tanks shall not be placed in the front setback area.

(7) No vehicles shall be stored in any required setback areas.

(8) All major repair, welding, auto body, painting and similar work shall be performed within a building with a fume collection and ventilation system that directs noxious fumes away from any adjacent buildings. All such systems shall meet all required state and federal health and safety standards.

C. Vehicle or equipment sales operations. All vehicle or equipment display and sales operations of new and used automobiles, trucks, motorcycles, mobile homes, recreation vehicles, boats, and travel trailers and other vehicles and equipment shall be subject to the following specific requirements:

(1) All principal and accessory buildings and structures shall be in accord with the yard setback, building height and lot coverage requirements of the district.

(2) The outdoor display of new and used cars, trucks, motorcycles, mobile homes, recreation vehicle and travel trailers shall meet the appropriate front, side and rear setback requirements as for the district.

(3) Activities which are normally accessory to such sales operations, such as engine tuneup and repairs, body repairs, painting, undercoating and other similar activities shall be conducted in accord with the applicable standards in § 400-45B above.

(4) Only vehicles with current license and current registration waiting to be repaired or serviced or waiting to be picked up by the vehicle owner may be stored in any exterior area. If a legitimate, bona fide, service station stores more than four vehicles per service stall in exterior areas, it shall comply with the junkyard regulations set forth in this chapter. Proof of current license and current registration or ownership of any vehicle will be required upon demand by the Zoning Officer.

(5) No area on the lot which is required for the movement of vehicles in and about the buildings and facilities shall be used for complying with the off-street parking requirements of this chapter.

(6) All new or used tires and parts shall be stored within a completely enclosed building or area contained by a solid fence to provide screening. Piles or stacks of tires or other materials in exterior areas shall be prohibited at all times.

(7) No vehicles shall be stored in any required setback areas.

D. Racetracks. All racetracks for motor-driven vehicles, including but not limited to automobiles, trucks, go-carts, motorcycles, motor scooters, dune buggies, watercraft, and the like, shall be located not less than 1/2 mile from any R-1 or R-2 District, and the track/course shall not be less than 500 feet from any property line or public road right-of-way.

§ 400-46 Wind farms.

In addition to all other applicable standards in this chapter, the following regulations shall apply to wind farms, which shall be permitted as conditional uses only in the districts as provided by the Schedule of Uses.

A. Purposes.

(1) To accommodate the need for wind farms while regulating their location and number in the Borough in recognition of the need to protect the public health, safety and welfare.

(2) To avoid potential damage to adjacent properties from windmill structure failure and falling ice through engineering and proper siting of such structures.

B. Permits; use regulations.

(1) Permits. A permit shall be required for every wind farm and windmill installed at any location in the Borough.

(2) Associated use. All other uses ancillary to the wind farm (including a business office, maintenance depot, etc., greater than 1,000 square feet) are prohibited from the wind farm, unless otherwise permitted in the zoning district in which the wind farm is located. This shall not prohibit the installation as accessory structures of equipment containers not intended for human occupancy to house only equipment necessary for the operation of the wind farm.

(3) Wind farm as a second principal use. A wind farm shall be permitted on a property with an existing use, subject to the following land development standards:

(a) The minimum lot area, minimum setbacks and maximum height required by this chapter for the wind farm and windmills shall apply, and the land remaining for accommodation of the existing principal use(s) on the lot shall also continue to comply with the minimum lot area, density and other requirements.

(b) The vehicular access to the equipment building shall, whenever feasible, be provided along the circulation driveways of the existing use.

(c) The applicant shall present documentation that the owner of the property has granted an easement or other legal interest for the land for the proposed facility and that vehicular access is provided to the facility.

C. Standards.

(1) Wind farm height. The applicant shall demonstrate that the windmills are at the minimum height required to function satisfactorily. No windmill that is taller than this minimum height shall be approved.

(2) Parcel size; setbacks.

(a) Separate parcel. If the parcel on which the wind farm is a separate and distinct parcel, the zoning district minimum lot size shall apply, and in all cases, the lot shall be of such size that all required setbacks are satisfied. No windmill shall be located closer to any property line than its height plus the normal setback for the district. The setback for equipment containers, other accessory structures and guy wire anchors shall be a minimum of 30 feet.

(b) Lease, license or easement. If the land on which the wind farm is leased or is used by license or easement, the setback for any windmill, the support structure, equipment containers, other accessory structures, and guy wire anchors shall be a minimum of 30 feet from the line of lease, license or easement. In any case, no windmill shall be located closer to any property line (not lease, license or easement line) than its height plus the normal setback for the district.

(3) Wind farm support structure safety. The applicant shall demonstrate that the proposed windmills are safe and the surrounding areas will not be negatively affected by structure failure, falling ice or other debris, electromagnetic fields, or radio frequency interference. All windmills shall be fitted with anti-climbing devices, as approved by manufacturers. The applicant shall submit certification from a Pennsylvania-registered professional engineer that a proposed wind farm and support structure will be designed and constructed in accord with accepted engineering practices and all requirements of any applicable construction code. Within 45 days of initial operation, the owner and/or operator of the wind farm shall provide a certification from a Pennsylvania-registered professional engineer that the wind farm and all structures comply with all applicable regulations.

(4) Fencing. A fence may be required around windmills and other equipment, unless the design of the structures adequately provides for safety.

(5) Landscaping. Landscaping may be required to screen as much of the wind farm ground features as possible, the fence surrounding the support structure and any other ground-level features (such as a building), and, in general, buffer the wind farm ground features from neighboring properties. The Borough may permit any combination of existing vegetation, topography, walls, decorative fences or other features instead of landscaping, if the same achieves the same degree of screening as the required landscaping.

(6) Licenses; other regulations; insurance. The applicant must demonstrate that it has obtained the required licenses from governing state and federal agencies. The applicant shall also document compliance with all applicable state and federal regulations. The applicant shall submit the name, address and emergency telephone number for the operator of the wind farm, and a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the wind farm.

(7) Access; required parking. Access to the wind farm shall be provided by means of a public street or easement to a public street. The easement shall be a minimum of 20 feet in width and shall be improved to a width of at least 10 feet with a dust-free, all-weather surface for its entire length. If the wind farm site is fully automated, adequate parking shall be required for maintenance workers. If the site is not automated, the number of required parking spaces shall equal the number of people on the largest shift.

(8) Color and lighting; FAA and PennDOT notice. Windmills shall comply with all applicable Federal Aviation Administration (FAA) and Pennsylvania Department of Transportation Bureau of Aviation regulations. No windmill may be artificially lighted except as required by FAA requirements. The applicant shall provide a copy of the response to notice of proposed construction or alteration forms submitted to the FAA and PennDOT Bureau of Aviation.

(9) Communications interference. The applicant shall document that the radio, television, telephone or reception of similar signals for nearby properties will not be disturbed or diminished, and this may be accomplished by remedial measures instituted by the wind farm developer.

(10) Historic structures. A wind farm shall not be located within 500 feet of any structure listed on any public historic register.

(11) Discontinued use. Should any wind farm or windmill cease to be used, the owner or operator or then owner of the land on which the wind farm or windmill is located shall be required to remove the same within one year from the abandonment of use. Failure to do so shall authorize the Borough to remove the facility and assess the cost of removal to the foregoing parties. The Borough may also file a municipal lien against the land to recover the costs of removal and attorneys' fees. In addition, at the time of zoning permit issuance for any windmill, the Borough shall require a financial guarantee, in a term, form and amount determined by the Borough Council with the advice of the Borough Solicitor, to guarantee the removal of the windmill.

(12) Site plan. A full site plan shall be required for all wind farm sites, showing the wind farm, windmills, building, fencing, buffering, access, and all other items required for conditional uses by this chapter.