A.
Indoor recreational facilities.
(1)
Such uses shall be conducted entirely within an enclosed
structure.
(2)
The lot size shall be not less than two acres.
(3)
Applications for indoor theaters, bowling alleys,
indoor ice and roller skating rinks, gymnasiums, and indoor handball
and tennis courts, shall be accompanied by a site development plan.
(4)
The site development plan shall show building placement
and dimensions, parking, landscaping, internal circulation, and the
size and location of signage.
(5)
Parking areas shall be screened from adjoining residential properties in accordance with § 300-19B(3)(c).
B.
Outdoor recreation facilities.
(1)
Such uses shall include golf courses, swimming pools,
tennis courts, amusement parks, and other similar uses.
(2)
Unenclosed recreational facilities shall be located not less than 25 feet from any property line except where greater distances are otherwise required herein and shall be effectively screened from adjoining dwelling uses in accordance with the provisions of § 300-19B(3)(c).
(3)
Illuminated signs and other lights shall be directed
away, or shielded, from adjoining residential properties in such a
way as not to disturb the occupants thereof.
(4)
No public address system is permitted except where
such system will not be audible at any residential property line.
(5)
Private swimming pools, permanent and portable, which
shall be accessory to a principal noncommercial dwelling use shall
be regulated as follows; except that these regulations shall not apply
to portable swimming pools which shall be not more than three feet
in height nor more than 15 feet in length:
(a)
May be erected only on the same zone lot as
the principal structure.
(b)
May be erected only in the rear yard of such
structure and shall be distant not less than 20 feet from the rear
lot line nor less than 10 feet from any side property line, principal
structure or accessory structure attached thereto. The side yard setbacks,
however, may be reduced to five feet on nonconforming lots of insufficient
width.
(c)
The pool is intended and is to be used solely
for the enjoyment of the occupants of the principal use of the property
on which it is located, and their guests, and no fee shall be charged.
(d)
Fencing for in-ground swimming pools shall consist
of fencing of the swimming pool or the property on which the pool
is situated. Said fence shall be not less than four feet in height
and shall be designed and constructed to prevent uncontrolled access
by children from the street or from adjacent properties; and said
wall or fence shall be maintained in good condition at all times.
Said fence shall be installed not later than the time that water is
placed in the pool.
(e)
Above-ground pools shall be exempt from the fencing requirements of the preceding Subsection B(5)(d) if it includes an attached fence or fence/deck combination, and if:
(f)
All swimming pools shall be inspected by the
Fire Underwriters for electrical safety precautions.
(g)
Gas heating units shall be installed only by
a licensed plumber, certified to install plastic pipes.
(h)
All pumping, cleaning, filtering, and screening
devices and water supply and discharge shall be of a type and source
approved by local and/or state health department authorities.
C.
Bottle clubs (see definition in Article IX) are permitted in an M District as a special exception use subject to the following standards.
[Added 8-9-2005 by Ord. No. 13-2005]
(1)
In any district that a bottle club is a permitted
use as a special exception use, it shall not be located within 500
feet of the following:
(a)
Places of worship, primary or secondary schools;
(b)
Commercial enterprises catering primarily to
persons under 18 years of age;
(c)
A public library;
(d)
A child-care facility or nursery school; and/or
(e)
A public park, including but not limited to
a national historic site or national historic park.
(2)
No bottle club shall operate between the hours of
2:00 a.m. to 8:00 a.m.
(3)
Limit of use. It shall be a violation of this section
for any person to cause or permit the operation, establishment or
maintenance of more than one bottle club in the same building, structure
or portion thereof.
D.
Dance halls (see definition in Article IX) are permitted in an M District as a special exception subject to the following conditions.
[Added 8-9-2005 by Ord. No. 13-2005]
(1)
In any district that a dance hall is a permitted use
or a special exception use, it shall not be located within 500 feet
of the following:
(a)
Places of worship, primary or secondary schools;
(b)
Commercial enterprises catering primarily to
persons under 18 years of age;
(c)
A public library;
(d)
A child-care facility or nursery school; and/or
(e)
A public park, including but not limited to
a national historic site or national historic park.
(2)
No dance hall shall operate between the hours of 2:00
a.m. to 8:00 a.m.
(3)
Limit of use. It shall be a violation of this section
for any person to cause or permit the operation, establishment or
maintenance of more than one dance hall in the same building, structure
or portion thereof.
A.
Essential services, enclosed or permanent structures.
Such uses are intended to include facilities for sewage treatment,
electric substations, transformers, switches, and auxiliary apparatus,
as well as local governmental services such as police stations, fire
houses and similar uses. Where such uses are proposed to be located
in a residential district, they shall be subject to the following
regulations:
(1)
Such facility shall not be located on a residential
street (unless no other site is available), and shall be so located
as to draw a minimum of vehicular traffic to and through such streets.
(2)
The location, design and operation of such facility
shall not adversely affect the character of the surrounding residential
area.
(3)
Adequate fences, barriers and other safety devices shall be provided, and shall be landscaped in accordance with the provisions of § 300-19B(3)(c).
(4)
Noise emitted from electric substations shall not
be greater than permitted in accordance with the performance standards
set forth herein.
(5)
Offices to support the delivery of such services,
as well as related repair and maintenance facilities for heavy equipment
and for vehicles shall not be permitted in residential districts.
B.
Essential services, open. Such uses shall be limited to the erection, construction, alteration, or maintenance, by public utilities or municipal or other governmental agencies, of underground or overhead gas, electrical, steam or water transmission or distribution systems, collection, communication, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, and other similar equipment and accessories in connection therewith reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies or for the public health or safety or general welfare. Such uses shall not include sanitary landfills and related uses such as staging areas or other means of solid waste disposal. Where applicable, the landscaping regulations of § 300-19B(3)(c) shall apply.
C.
Hospitals, churches, or other religious or philanthropic institutions. All such uses shall be located on a public street which shall have a pavement width of not less than 38 feet, and they shall maintain a landscaped buffered area in accordance with the provisions of § 300-19B(3)(b) on all property lines abutting R Districts and all residential streets. Such uses shall not be located or designed in such a manner as would be detrimental to the privacy, convenience and property values of nearby residential development.
D.
Nursery school, child day-care center and group day-care
home.
(1)
Such uses shall be situated on a zone lot of not less than 20,000 square feet, except where a greater area is otherwise required herein, and shall be screened in accordance with the provisions of § 300-19B(3)(b). Such uses shall provide evidence of all required state approvals.
(2)
Child day-care centers and group day-care homes shall
also comply with the following minimum space and site requirements:
(a)
Each facility shall have a minimum of 40 square
feet (372 square decimeters) of indoor space for each child, measured
wall to wall inclusive of space occupied by cupboards, shelves, furniture,
and equipment, but exclusive of halls, bathrooms, offices, kitchens,
locker rooms, and related areas.
(b)
Each facility shall have a minimum of 65 square
feet (604 square decimeters) of accessible outdoor play space for
each child. Outdoor play space is considered accessible if it is no
more than 1/2 mile (0.8 kilometer) from the building. The following
exceptions to the space requirements shall be permitted:
[1]
A minimum of 32.5 square feet (302 square decimeters)
50% less space of accessible outdoor play space shall be required
for each infant; a minimum of 48.89 square feet (453 square decimeters)
25% less space of accessible outdoor play space shall be required
for each child from age 18-24 months.
[2]
Less outdoor space if it is offset by a large
indoor activity room, as long as the 65 square feet (604 square decimeters)
per child requirement is met and the indoor activity room provides
for equivalent activity as outdoor play space.
[3]
Less outdoor space if it is scheduled for alternate
use, provided that the 65 square feet (604 square decimeters) per
child requirement is met for each child based on the number of children
using the space at any one time.
[4]
If there are unsafe areas, such as open drainage
ditches, wells, holes, or heavy street traffic, in or near the outdoor
play space, there shall be fencing or natural barriers to restrict
children from these areas.
(c)
Such uses shall maintain screening on any property
line abutting an R District.
E.
Public and parochial schools and colleges and private
schools and colleges for academic instruction. In any R District,
such uses, including play areas, shall be located not less than 100
feet from any lot line, except where greater distances are otherwise
required herein. Schools will be located on or within close proximity
to roads having a pavement width of not less than 38 feet.
F.
Community buildings, social halls, lodges, fraternal
organizations, clubs and similar uses in R Districts.
(1)
All buildings must be a minimum of 20 feet from all
lot lines, except where greater distances are otherwise required herein.
(2)
There shall be no external evidence of any gainful
activity. Access to any space used for gainful activity shall be from
within the building. Retail sales shall be limited to members and
guests only.
(3)
Any such use shall be located on a street having a
pavement width of at least 28 feet, or shall be able to provide access
without causing heavy traffic on local residential streets.
(4)
Applicants shall prove that such uses proposed to
be located in R Districts will serve primarily the residents of the
surrounding neighborhood and that no other satisfactory location exists.
(5)
In R Districts, where permitted, there may be included
retail sales for guests only.
G.
Drug rehabilitation facilities and drug treatment
centers.
(1)
No methadone treatment facility shall be permitted
unless it is licensed by the Pennsylvania Department of Health.
(2)
No methadone treatment facility shall be permitted
if it is determined by the Pennsylvania Department of Health that
such use would be detrimental to the health, welfare, peace and morale
of the inhabitants of the neighborhood within a radius of 500 feet
of the facility.
(3)
No methadone treatment facility or any other permitted drug rehabilitation facilities and drug treatment centers shall be nearer to any of the following uses than 500 feet. For the purposes of this section, spacing distances shall be measured as follows: 1) from all property lines of the uses regulated in this Subsection G hereof; 2) from the outward line or boundary of all residential zoning districts; 3) from all property lines of any of the following uses:
(a)
Church, charitable institution, school or public
playground.
(b)
Child day-care center or family day-care home.
(c)
Pennsylvania liquor store established, operated and maintained pursuant to the terms of Article III of the Pennsylvania Liquor Code.
(d)
Hotel, restaurant or club possessing a retail liquor license issued pursuant to Article IV of the Pennsylvania Liquor Code.
(e)
Older adult daily living center licensed by
the Pennsylvania Department of Aging.
(f)
Any "senior center" as defined in Section 3
of the Pennsylvania Senior Center Grant Program Act.
(4)
Such use shall have frontage on a collector street,
and it shall be accessible from such a street.
A.
General. Conditional uses shall be allowed only in
the districts where they are designated, and only upon a determination
by the Borough Council that they comply with the standards and criteria
set forth herein.
(1)
Additional requirements. The Borough Council may,
upon a review of the application including the environmental assessment,
establish such additional requirements for the development and the
operation of the conditional use as may be required to protect the
public health, safety and general welfare of the community; provided,
however, that no such conditions and safeguards shall relate to off-site
transportation or off-site road improvements.
B.
Administrative procedures.
(1)
Application. Application for a conditional use shall be made directly to the governing body. Applications shall be in accordance with § 300-48B hereof and as otherwise specified herein. All such applications shall be referred to the Planning Commission for review; and no such application shall be finally authorized until the Planning Commission has submitted its review findings, or until 30 days after referral to the Planning Commission, whichever occurs first.
(2)
Public hearing. No conditional use shall be authorized without a public hearing thereon. Hearings shall be conducted by the Borough Council pursuant to § 300-39D hereof; provided, however, that the Borough Council may appoint any member or an independent attorney as a hearing officer. The decision shall be made by the Borough Council. However, the appellant or the applicant, as the case may be, in addition to the municipality, may, prior to the decision of the hearing, waive decision by the Borough Council and accept the decision of the hearing officer as final.
C.
Standards and criteria for conditional uses.
(1)
General criteria:
(a)
That the use is so designed, located and proposed
to be operated that the public health, safety, welfare and convenience
will be protected.
(b)
That the use will not cause substantial injury
to the value of other property in the neighborhood where it is to
be located.
(c)
That the use shall be compatible with adjoining
development and the proposed character of the zoning district where
it is to be located.
(d)
That adequate landscaping and screening is provided as required in § 300-19 and as otherwise provided herein.
(e)
That adequate off-street parking and loading
is provided and ingress and egress is so designed as to cause minimum
interference with traffic on abutting streets.
(f)
That the use conforms with all applicable regulations
governing the district where located, except as may otherwise be determined
for large-scale developments.
(g)
That the use is compatible with the Borough's
Comprehensive Plan.
(2)
Standards.
(a)
Traffic. The proposed development shall not
be located on a site where primary access to the site is from a minor
street designed primarily to provide vehicular access to abutting
properties. The development shall be designed in a manner which will
not be injurious to the safe and convenient flow of vehicular traffic.
A traffic plan, with estimates of the number of vehicles, shall be
submitted to the Borough.
(b)
Performance standards. The proposed development will comply with the performance standards specified in Article VI hereof and such additional performance standards that shall be specified by the Borough Council to protect the health, safety and welfare of the Borough.
(c)
Permits. There shall be provided evidence of
all required state and federal permits.
(d)
Distance from existing development. No conditional
use shall be nearer to existing development than 1,000 feet or such
greater distance as may be required to assure the health, safety and
welfare of the community, or any lesser distance specified in this
chapter.
(e)
Transfer of products and waste. Vehicles used
in the transfer of waste shall be designed to preclude the accidental
dumping of any part of such wastes while in transit, and transportation
routes shall be designed to minimize traversing densely populated
areas except for waste pickups.
D.
Environmental assessment.
(1)
General. All applications for a conditional use must
be accompanied by an environmental assessment as specified herein;
provided, however, that upon the request of the developer, components
of the environmental assessment may be waived by the Borough Council
when such components are deemed unnecessary for certain conditional
uses.
(2)
Purpose. The purpose of the environmental assessment
is to provide the Borough Council with sufficient information to determine
if the proposed use will be harmful or beneficial to the Borough;
and to determine corrective actions if needed to mitigate potential
adverse environmental impacts.
(3)
Assurances. Due to the importance of securing professional,
objective data in the environmental assessment, the selection of the
professionals to be engaged in its preparation shall be subject to
the approval of the Borough Council. The developer will further provide
the Borough Council with assurances, adequate to protect the Borough
from violations of noncompliance with measures required to mitigate
identified adverse environmental impacts.
(4)
Content of the environmental assessment.
(a)
Description of the proposal. Describe the proposed
or recommended actions, its purpose, where it is to be located, when
it is proposed to take place, and its interrelationship with other
projects or proposals, including information and technical data sufficient
to permit assessment of environmental impact by the Borough.
(b)
Description of the environment. Include a comprehensive
description of the existing environment without the proposal and the
probable future environment with the proposal. This description should
focus both on the environmental details most likely to be affected
by the proposal and on the broader regional aspects of the environment,
including ecological interrelationships. Particular attention should
be given to the potential effects of past or present use of the site
as a repository for toxic or hazardous wastes.
(c)
The environmental impact of the proposed activities.
Describe the environmental impacts of the proposed action. These impacts
are defined as direct or indirect changes in the existing environment,
both beneficial or detrimental. Whenever possible these impacts should
be quantified. This discussion should include the impact not only
upon the natural environment but upon land use as well. Provide separate
discussion for such potential impacts as man-caused accidents and
natural catastrophes and their probabilities and risks. Specific mention
should also be made of unknown or partially understood impacts.
(d)
Mitigating measures included in the proposed
action. Include a description of measures which are proposed to be
taken or which are required to be taken to enhance, protect, or mitigate
impacts upon the environment, including any associated research or
monitoring.
(f)
The relationship between local short-term use
of man's environment and the maintenance and enhancement of long-term
productivity. Describe the local short-term use of the environment
involved in the proposed action in relation to its cumulative and
long-term impacts and give special attention to its relationship to
trends of similar actions which would significantly affect ecological
interrelationships or pose long-term risk to health or safety. “Short-term”
and “long-term” do not refer to any fixed time period,
but should be viewed in terms of the various significant ecological
and geophysical consequences of the proposed action.
(g)
Any irreversible and irretrievable commitments
of resources which would be involved in the proposed action should
it be implemented. Describe, and quantify where possible, any irrevocable
uses of resources, including such things as resource extraction, erosion,
destruction of archaeological or historical sites, elimination of
endangered species' habitat, and significant changes in land use.
(h)
Alternatives to the proposed action. Identify
alternatives to the proposed action, and describe the environmental
impacts, both beneficial and adverse, of the various alternatives
considered.
(5)
Outline considerations for developing environmental
assessment.
(a)
Description of the proposal.
[1]
Who is proposing the action?
[2]
What is the nature of the action to be taken?
[3]
What is it designed to accomplish? What identified
needs will be met and to what degree?
[4]
Where will it take place?
[5]
When will it take place? Indicate phasing of
acquisition and development activities, if applicable, and timetables
for completion.
[6]
How does it fit in with local planning efforts,
comprehensive plans, etc.?
(b)
Description of the environment.
[1]
Present and past land uses of the site and of
the surrounding area.
[2]
Special topographic features which may be present.
[3]
Describe the site's surface and subsurface geologic
characteristics.
[4]
Describe the nature of the soils in the area,
particularly their fertility and susceptibility to erosion.
[5]
Describe the area's water resources, with specific
reference to groundwater, water quality, aquifers and aquifer recharge
areas, and areas subject to flooding.
[6]
Describe the area's vegetation, including species
composition, distribution, commercial utility and aesthetics. Special
reference should be made to unusual or unique species.
[7]
Describe the nature of existing transportation
routes in the immediate area and the accessibility to the project
site.
(c)
Environmental impact of the proposed action.
[1]
What will be the effect on land uses in the
area?
[2]
Will the project affect a site listed on the
National Register of Historic Places?
[3]
In what way will soils and topography be affected?
Consider such things as soil compaction, erosion, exposure of slopes,
excavation which may create unstable slope/soil configurations, cutting
and filling, removal of topsoil, paving, loss of existing natural
landscape qualities, blockage of viewlines to landmarks, blockage
of view corridors, etc.
[4]
Will solid wastes be generated? How and where
will they be disposed of? Indicate what types and volumes will be
generated and how and where it will be stored prior to disposal and
method of disposal. Discuss removal of clearance, demolition, and
construction wastes.
[5]
How will water resources be affected? Consider
the water table, runoff, sewer systems, rivers and streams, water
supply, etc. Indicate content of any effluent which will be discharged.
Address loss of floodwater absorption capacity in natural absorption
areas, effects on stream volume, velocity, and seasonal flows, diversion
or blockage of surface water, alterations of natural watercourses,
introduction or increase of effluents or toxic, hazardous, or radioactive
substances to runoff or water bodies, effects on aquatic life, any
blockage or impairment of access to watercourses, effects on groundwater
recharge, release of groundwater supply, withdrawal of groundwater
supplies, blockage of groundwater flow, contamination of groundwater
supply, effect on water temperatures, sedimentation, changes in levels
of water bodies.
[6]
How will vegetation be affected? Discuss the
removal of ground cover, loss of valuable local species, loss of wildlife
habitat, introduction of vegetation which will spread to adjacent
lands, introduction of exotic vegetation, creation of areas of highly
visible, drying, or decaying vegetation.
[7]
How will fauna be affected? Consider habitat
destruction, reduction of population, impact caused by human intrusion,
mobility restrictions, food chains, etc.
[8]
How will transportation routes be affected?
Consider congestion, hazards, capacities of affected roads and intersections
and traffic to be generated, generation of truck traffic.
[9]
Effect on air quality and ambient noise level?
Include what odors will originate; types and concentrations of gases,
vapors, particulates, and smoke; noise and vibration levels at property
lines and the level of heat and/or glare. Indicate levels of electromagnetic
radiation at property lines. Indicate effects on local temperatures
and wind circulation and whether there are any plants, animals, or
materials in the area that are particularly susceptible to expected
emissions. Indicate the nature, concentration and quantity of radioactive
material to be discharged to the environment, pathways for entering
the environment, dose to populations and biota, and possible concentrations
through food chains.
[10]
Describe management practices
proposed for the area.
(d)
Mitigating measures included in the proposed
action. Describe actions or measures which will be taken to avoid
or alleviate adverse environmental effects. Include reference to erosion
control methods and adherence to air, noise or water pollution control
techniques and standards.
(e)
Unavoidable adverse effects. If adverse effects
have been identified under other sections of the environmental impact
study and cannot be mitigated, they should be again identified here.
Describe who or what will be affected, and to what degree. Quantify
wherever possible.
(f)
Relationship between the local short-term use
of man's environment and the maintenance and enhancement of long-term
productivity.
[1]
What are the impacts of the proposal in the
context of other similar projects? In what way will future generations
be affected by the currently proposed actions?
[2]
How do the immediate and long-range impacts
on the area with the project compare with the immediate and long-range
impacts without the project?
(g)
Any irreversible and irretrievable commitments
of resources. Describe any irrevocable commitments of resources resulting
from implementation of the proposal. An evaluation must be made of
the extent to which the proposed action curtails or restricts the
range of possible resources uses. Such commitments may occur because
of resources extraction, erosion, destruction of archaeological, geological
or historic features, destruction of fragile habitat or endangered
species habitat, unalterable changes in land use, and resources used
in project development.
(h)
Alternatives to the proposed action.
[1]
Identify alternatives which may be considered,
including modification of the present proposal and different approaches
to gaining the same result.
[2]
The beneficial and adverse effects of the alternatives
should be discussed, along with the reasons for rejection. Where appropriate,
consideration should be given to alternate construction methods which
may avoid environmental degradation.
A.
Two-family and multifamily dwellings.
(1)
All two-family, townhouse and other multifamily development
sites shall be provided with an existing or approved public and/or
community type water supply and sanitary sewer system, approved by
appropriate local and state health authorities having jurisdiction.
Excepted from this regulation is the development of a two-family dwelling
on an individual zone lot.
(2)
Minimum lot area, coverage and yard requirements.
(a)
Two-family dwellings. The minimum lot area per dwelling unit shall be as specified in Article III hereof for the zoning district where situated. Minimum frontage, depth, yards, and maximum coverage shall be as specified for the zoning district where situated.
(b)
Multifamily dwellings and garden apartments.
[1]
A building wall exposing both windows and an
entranceway shall be located not closer to another building than a
distance equal to the height of the taller building of the two, but
in no case less than 50 feet.
[2]
A building wall exposing only windows or only
an entranceway shall be located no closer to another building than
a distance equal to the height of the taller building of the two,
but in no case less than 25 feet.
(3)
Maximum number of dwelling units. Garden apartments
and townhouses shall not exceed eight dwelling units per structure.
(4)
Permanent open space. In addition to the yard, setback,
and off-street parking requirements of this chapter, there shall be
provided a minimum of 10% of the gross area of the site to be permanently
set aside for a usable open recreation area, which shall be for the
common use of the residents thereof; provided, however, that this
requirement shall not apply to townhouses or two-family dwellings.
(6)
Fire escape. Fire escapes shall generally be located
in the rear of a building. Where needed for safety, and, if incapable
of serving dwellings by being placed in the rear of the building,
they may be located on the side(s) of a building, but in no event
shall they be located in the front of a building.
B.
Motels, motor courts, motor hotels and similar uses.
(1)
Such uses shall have a minimum area for each unit
of occupancy of 150 square feet and shall include a minimum of one
bedroom and an enclosed bathroom containing a bathtub or shower, commode
and lavatory and be supplied with hot and cold running water.
(2)
Illuminated signs and other lights shall be directed
away from or shielded from adjoining residential properties in such
a way as not to disturb the occupants thereof.
(3)
Such uses shall not be closer than 200 feet to an
R District, shall be located on a major public street, and shall provide
ingress and egress so as to minimize traffic congestion.
(4)
Site development standards. In districts where permitted,
motels shall be subject to the following safeguards and regulations:
(a)
A site development plan shall accompany each
application and shall show building placement, parking, vehicular
safety control features, including entrances, exits, driveways, roads
and walks, specific landscaping components, plan for water supply,
sewage disposal, and supply of electricity, and the size and location
of signage.
(b)
Lot size shall be not less than two acres.
(c)
Lot width shall be not less than 250 feet.
(d)
Surface drainage shall be such that will not
subject adjoining properties or streets to damage. A stormwater management
plan and a soil erosion and sedimentation control plan shall be designed
to control runoff for a ten-year storm, and shall be in accordance
with Act 167 of 1978. Such plans shall be accompanied by evidence
of approval by appropriate agencies and authorities.
(e)
An architectural rendering showing the appearance
of the facade(s) of the structure(s) visible from the highway which
it faces must be submitted along with the site development plan.
(f)
Cabins or parts thereof shall be placed no closer
to any lot line than 30 feet.
(g)
At least one parking space shall be provided
on the premises for each accommodation. Off-street parking and loading
spaces for other facilities developed on the motel premises shall
be provided as required by Tables I and II, respectively.
(h)
Every cabin or unit shall be provided with running
water and toilet facilities for each accommodation.
C.
Manufactured housing.
(1)
Where permitted. Manufactured housing, other than recreation vehicles, which are not placed on a permanent foundation, which meet the requirements of this section shall be permitted only in manufactured home parks pursuant to Subsection C(2) hereof.
(2)
Manufactured (mobile) home parks. Includes the development
of manufactured (mobile) home parks which are planned as a unit and
located on parcels of land, not less than 10 acres in size. All permitted
manufactured (mobile) home parks shall comply with appropriate regulations
of the State of Pennsylvania relating to manufactured (mobile) home
parks and shall also comply with the following additional regulations:
(a)
Each of the manufactured (mobile) home units
shall be for the exclusive use of one family or individual.
(b)
Each manufactured (mobile) unit must be designed
for long-term occupancy and shall contain sleeping accommodations,
a flush toilet, a tub or shower bath, kitchen facilities and with
plumbing and electrical connections provided for attachment to outside
systems. Toilets shall be located in separate compartments equipped
with self-closing doors.
(c)
Each manufactured (mobile) home site or space
within the park shall have a minimum area of 5,000 square feet, provided
further that the minimum width of each site shall be not less than
50 feet.
(d)
No manufactured (mobile) home shall be located
closer than 30 feet to any of the manufactured (mobile) home park's
boundary lines.
(e)
No manufactured (mobile) home shall be located
within 10 feet of its respective site lines; provided further that
there shall be no less than a twenty-five-foot clearance between manufactured
(mobile) homes and any nonaccessory building within the park.
(f)
Roadway or area lighting shall be reflected
away from adjoining properties.
(g)
The sale of manufactured (mobile) homes from
a manufactured (mobile) home park is prohibited. This restriction,
however, is not to be construed as to prevent the sale of a manufactured
(mobile) home within a manufactured (mobile) home park, but is, rather,
included to prevent the establishment of a commercial enterprise.
(h)
Only one accessory building (attached or detached)
and/or an attached enclosure shall be permitted on each parcel and
such accessory building and/or enclosure shall not contain a greater
area than the area of the manufactured (mobile) home located on the
same parcel.
(i)
The longitudinal gradient and cross slope of
any manufactured (mobile) home lot shall not exceed 5%, except for
terracing at the periphery, and the minimum slope in any direction
shall be 1%.
(j)
The area of the manufactured (mobile) home lot
shall be improved to provide an adequate foundation for the placement
of the manufactured (mobile) home, thereby securing the superstructure
against uplift, sliding, or rotation; in addition:
[1]
The manufactured (mobile) home stand shall not
heave, shift or settle unevenly under the weight of the manufactured
(mobile) home due to frost action, inadequate drainage, vibration
or other forces acting on the superstructure.
[2]
The manufactured (mobile) home stand shall be
provided with anchors and tiedowns such as "deadmen" eyelets imbedded
in concrete foundations or runways, screw augers, arrowhead anchors,
or other devices securing the stability of the manufactured (mobile)
home.
[3]
Each manufactured (mobile) home lot shall have
a paved patio of at least 190 square feet. The least dimension shall
not be less than eight feet.
(k)
Each manufactured (mobile) home park shall be
furnished with lighting so as to adequately illuminate driveways and
walkways for the safe movement of vehicles and pedestrians at night.
(l)
Other facilities.
[1]
Every manufactured (mobile) home park shall
have a structure clearly designated as the office of the manufactured
(mobile) home park manager.
[2]
At least 300 cubic feet of enclosed storage
space shall be provided for each manufactured (mobile) home lot.
[3]
Service and accessory buildings located in a
manufactured (mobile) home park shall be used only by the residents
of the manufactured (mobile) home park.
(m)
Not less than 10% of the gross area of the park
shall be improved for the recreational use of the residents of the
park.
(n)
Responsibilities of the court management.
[1]
The manufactured (mobile) home park owner or
manager shall operate the court in compliance with this chapter and
shall provide adequate supervision to maintain the court, its facilities
and equipment in good repair and in a clean and sanitary condition.
[2]
The court management shall supervise the placement
of each manufactured (mobile) home on its manufactured (mobile) home
stand which includes assurance of stability and installation of all
utilities and connections.
[3]
The court management shall give any health officer
free access to all manufactured (mobile) home lots, service buildings
and other community service facilities for the purpose of inspection.
[4]
The management shall maintain a register containing
the names of all court occupants. Such register shall be available
to any authorized person inspecting the court.
[5]
The management shall notify the appropriate
officials in accordance with state and local taxation laws on the
arrival and departure of each manufactured (mobile) home.
(o)
All regulations governing land uses within the
zoning district in which a manufactured (mobile) home park shall be
permitted shall apply to manufactured (mobile) home parks. Each manufactured
(mobile) home park shall be considered as a residential subdivision
and as such must also conform to the regulations of the municipal
Subdivision and Land Development Ordinance.[1] These include, but are not limited to, streets, curbs,
sidewalks buffer yards and screening, off-street parking, drainage,
easements, utility line locations, erosion and sedimentation control,
site planning and design standards.
D.
Conversions.
(1)
Conversions, year-round dwelling. Conversion of a
single-family residence to a two-family residence shall be permitted
only in an R-2 District, provided that:
(a)
The minimum lot area per dwelling shall be as
required for the zoning district where the zone lot to be converted
shall be located.
(b)
Where such conversion is undertaken there shall be provided on the same zone lot not less than two additional off-street parking spaces in accordance with the provisions of § 300-28 hereof.
(c)
Such structure shall contain not less than 1,700
square feet of living space and no dwelling unit therein shall contain
less than 850 square feet of living space.
(2)
Conversion of nondwelling structures. Nondwelling
structures may be converted to other nondwelling structures which
shall be of equal or greater restrictiveness than the use being converted.
No nondwelling structure having plate glass windows shall, however,
be converted to a residential use unless such windows are removed
from the structure; and no such building which has already been converted
shall be further converted to provide for additional dwelling units
unless the plate glass windows are removed.
(3)
Seasonal dwelling unit conversion.
(a)
Occupancy permits for existing units. Within
90 days of the adoption of this chapter, a complete list of all seasonal
dwelling units in the municipality shall be compiled by the Zoning
Officer. The Zoning Officer shall forthwith issue a certificate of
occupancy for each seasonal dwelling unit stating that the building
for which the certificate of occupancy issued shall be used only on
a seasonal basis. No dwelling unit for which a seasonal occupancy
permit has been issued shall be used for year-round occupancy except
as otherwise provided herein.
(b)
Occupancy permits for conversions to year-round
occupancy. The conversion to year-round occupancy of any seasonal
dwelling for which a permit shall have been issued for the seasonal
occupancy shall be subject to the following requirements:
[1]
The owner of such property shall apply to the Zoning Officer for a certificate of year-round occupancy. Such application shall be accompanied by a floor plan of subject dwelling as it exists and as proposed subsequent to conversion. Such certificates shall be issued only upon authorization by the Zoning Hearing Board subsequent to review by the Planning Commission pursuant to § 300-50 and as hereinafter provided.
[2]
It shall be the objective of the Planning Commission
and the Zoning Hearing Board to discourage the conversion of existing
dwellings originally designed for seasonal occupancy where such conversion
is likely to effect unsafe or unsanitary living conditions, overcrowding
of families and lack of privacy within any dwelling unit which shall
be so converted.
[3]
In considering and approving such application,
it shall be the primary concern of the Planning Commission and the
Zoning Hearing Board to preserve the public health, safety, and welfare.
To this end, the approval of any such application shall include appropriate
conditions and safeguards in harmony with the general purpose and
particularly with regard to the following:
[a]
Safe and adequate ingress and egress.
[b]
Minimum habitable floor area of
850 square feet.
[c]
Adequate construction to provide
sufficient protection from the elements.
[d]
Proper installation of heating,
plumbing, water, sewerage and lighting facilities in accordance with
appropriate municipal codes for new construction.
E.
Group housing for handicapped. Group housing for handicapped
persons is permitted in all residential zones, and shall comply with
the following standards:
(1)
It must include supervision by not less than one person.
(2)
It must be operated by a not-for-profit charitable
institution or by a governmental agency. It shall not be operated
as a business.
(3)
Such uses shall not be a residence for transients.
There shall be no fixed length of time for occupancy by the residents.
(4)
It must show evidence of such licensing as may be
required by the Pennsylvania Department of Public Welfare.
F.
Home occupations. A home occupation may be permitted
and may be operated in any dwelling unit only if it complies with
all of the following conditions:
(1)
Where permitted. Within a single dwelling unit, and
only by the owner-occupant maintaining a dwelling therein and not
more than two additional persons shall be employed in the home occupation;
provided, however, that the total number of persons employed in the
home occupation shall not exceed four regardless of their place of
residence. Such restrictions on the number of employees shall apply
to all home occupations, except as otherwise provided herein.
(2)
Evidence of use. Does not display or create outside
the building any evidence of the home occupation, except that one
unanimated, nonilluminated sign having an area of not more than two
square feet shall be permitted on each street front of the zone lot
on which the building is situated.
(3)
Extent of use. Does not include more than one home
occupation; and does not utilize more than 20% of the gross floor
area of the dwelling unit (except foster family care), and except
that professional offices may utilize not more than 50% of the gross
floor area of the dwelling unit.
(4)
Permitted uses. Includes not more than one of the
following uses:
(b)
Rooming and/or boarding of not more than two unrelated persons. Adequate off-street parking shall be provided pursuant to § 300-28A hereof.
(c)
Adult day care for not more than two persons
to be in the care of the operator of the day-care facility.
(d)
Custom dressmaking, tailoring, millinery, and
quilting.
(e)
Foster family care (for not more than two children
simultaneously).
(f)
Commercial photography and other similar uses,
excluding studios for individual and group portraits.
(g)
Barbershop and beauty parlor with not more than one nonresident employee. Adequate off-street parking shall be provided pursuant to § 300-28A hereof.
(h)
Tutoring for not more than four students simultaneously,
provided that the sound produced is not audible at any property line.
It is clearly incidental and secondary to the use of the dwelling
unit for residential purposes.
(i)
Licensed family day-care homes for not more
than six nonresident children. No nonresident employees shall be permitted.
(j)
Licensed or certified (national certification)
massage therapy services.
(k)
Typing, computer operations, and other similar
use of office equipment on behalf of the employer of the owner-occupant;
and no nonresident employees shall be permitted.
(l)
Mail order business, provided, however, that
there shall be no delivery of products to or from the premises, nor
any storage of products on the premises.
A.
Adult businesses/regulated uses. Adult businesses
are permitted only as a special exception use only in the M Zoning
District.
(1)
Legislative findings.
(a)
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 Moosic 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, 426 U.S. 50 (1976), and Northend Cinema. Inc., v. Seattle,
585 P. 2d 1153 (Wash. 1978), and in re: appeal of Bucks, Bass and
Balls Inc., d/b/a LaDolce Vita from the Deemed Denial by the Zoning
Hearing Board of Springbrook Township in the Court of Common Pleas
of Lackawanna County, Civil Action - Law No. 97-CV-5379 and 100 Lackawanna
Jurist 223 (1999), and City of Erie, et al v. Pap's A.M. TDB A “Kandyland”
(Slip Opinion - Supreme Court of the United States) No. 98-1161 decided
March 29, 2000, 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.
(b)
The June 6, 1989, Report of the Attorney General's
Working Group on the Regulation of Sexually Oriented Businesses from
the State of Minnesota, and the November 1994, City of New York Adult
Entertainment Study, each summarize a number of studies from around
the country as follows:
[2]
St. Paul: a significant correlation exists between
the location of adult businesses and neighborhood deterioration.
[3]
Indianapolis:
[a]
Real estate appraisers overwhelmingly
(80%) felt that an adult bookstore would have a negative effect on
residential property values within one block of the site.
[b]
Seventy-one percent believed there
would be a detrimental effect on commercial property values in the
one-block radius.
[c]
Major crimes, such as criminal
homicide, rape, robbery, assault, burglary, and larceny, occurred
at a rate 23% higher in areas with adult businesses.
[d]
The sex-related crime rate, including
rape, indecent exposure, and child molestation, was 77% higher is
such areas.
(c)
The Minnesota Working Group concluded that a
comprehensive approach is required to reduce or eliminate the impacts
of sexually oriented businesses. Zoning and licensing regulations
are needed to protect residents from the intrusion of "combat zone"
sexual crime and harassment into their neighborhoods.[1]
[1]
Note: Report of the Attorney General's Working
Group on the Regulation of Sexually Oriented Businesses, State of
Minnesota, June 6. 1989, p. 2.
(d)
The New York City study concluded that numerous
studies in other locations found that adult entertainment uses have
negative secondary impacts such as increased crime rates, depreciation
of property values, deterioration of community character and the quality
of urban life.[2]
[2]
Note: Adult Entertainment Study, Department
of City Planning, City of New York, November 1994, p. 67.
(e)
Municipalities typically allow adult uses in
heavy commercial and industrial districts. The New York City study
reported that:
[1]
A study in the Town of Islip, NY formed the
basis of zoning regulations that allow adult uses only in Industrial
I Districts by special exception.
[3]
A study conducted by the Manatee County, Florida,
Planning and Development Department recommended that adult uses be
limited to commercial locations at least 500 feet from a residential
district and 2,000 feet from churches, schools, child-care facilities
and public recreation areas.[4]
[4]
Note: Ibid., p. 8.
[4]
The ordinance adopted in 1992 by Jackson, Mississippi,
limits topless bars and other adult businesses to areas zoned for
light industrial uses and requires distances ranging from 250 to 1,000
feet from residential uses and commercial facilities.
(f)
Recent events and alleged criminal activity
at an adult business in a nearby community document that secondary
effects of adult businesses can affect rural areas as well as urban
areas. (Hip Hop Club, Hamlin, Pa.)
(g)
The concern over sexually transmitted diseases
is a legitimate health concern of Moosic Borough which demands reasonable
regulation of adult businesses and adult uses in order to protect
the health and well-being of the citizens.
(h)
Certain employees of sexually oriented business
regulated by this chapter as adult theaters and cabarets engage in
higher incidence of certain types of sexually oriented behavior at
these businesses than employees of other establishments.
(i)
Sexual acts, including masturbation, and oral
and anal sex, occur at sexually oriented businesses, including adult
bookstores, adult novelty shops, adult video stores, adult motion-picture
theaters, or adult arcades, and especially those which provide private
or semiprivate booths or cubicles for viewing films, videos, or live
sex shows. Offering and providing such space encourages such activities,
which create unhealthy conditions. Numerous studies and reports have
determined that semen is found in the areas of sexually oriented businesses
where persons view "adult" oriented films.
(j)
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.
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.
(k)
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.
(l)
Classifying adult businesses as special exception
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.
(m)
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.
(n)
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.
(o)
The Borough Council 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.
(p)
Based on the zoning principal established by
the courts that all legitimate uses must be permitted somewhere in
the community, adult uses should be permitted. Nevertheless, such
uses must be regulated in terms of time, place and manner. In other
words, the location and outward operation should be regulated, while
remaining "content neutral" in terms of free speech protected by the
First Amendment.
(q)
Specific standards for setbacks, visibility
and signs must be included to protect adjoining residential, educational
and other uses from the negative secondary impacts of any adult use.
(2)
Intent. It is the intent of this Subsection A to:
(a)
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,
and 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).
(b)
Prevent the concentration of regulated uses
in order to minimize the secondary effects of such uses.
(c)
Designate a zoning district where adult businesses
are permitted, and establish reasonable, content-neutral standards
applicable to such uses.
(d)
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.
(e)
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 U.S. Constitution.
(f)
Not deny access by the distributors and exhibitors
of sexually oriented entertainment to their intended market.
(3)
Special exception use in the M District. Adult businesses
are classified as a special exception use in the M Manufacturing District,
which provides a suitable area for the development of such uses away
from areas with concentrated residential development.
(4)
ADULT ARCADE
ADULT BOOKSTORE, ADULT NOVELTY STORE or ADULT VIDEO STORE
(a)
(b)
ADULT BUSINESS/REGULATED USE
(a)
(b)
(c)
(d)
[1]
[2]
[3]
[4]
[5]
[6]
[7]
[8]
[9]
[10]
[11]
[12]
ADULT LIVE ENTERTAINMENT USE OR FACILITY
(a)
[1]
[2]
[3]
(b)
ADULT MOTEL
(a)
[1]
[2]
(b)
ADULT MOTION-PICTURE THEATER
(a)
(b)
ADULT THEATER
CABARET
DRUG PARAPHERNALIA
DRUG PARAPHERNALIA STORE
ESCORT
ESCORT AGENCY
MASSAGE
MASSAGE PARLOR
NUDE MODEL STUDIO
NUDITY or A STATE OF NUDITY
OBSCENE MATERIALS
SEXUAL ENCOUNTER CENTER
SPECIFIED ANATOMICAL AREAS
SPECIFIED SEXUAL ACTIVITIES
Definitions. As used herein, the following terms shall
have the meanings indicated:
Any place to which the public is permitted or invited wherein
coin-operated or token-operated or electronically, electrically or
mechanically controlled still or motion-picture machines, projectors,
or other image-producing devices are maintained to show images to
five or fewer persons per machine at any one time, and where the images
so displayed are distinguished or characterized by the depicting or
describing of specified sexual activities or specified anatomical
areas. An adult arcade shall be considered a regulated use for the
purpose of this chapter.
An establishment having a substantial part of
its business, offering for sale or rental for any form of consideration,
any one or more of the following: books, magazines, and other periodicals
or other printed matter or photographs, films, motion pictures, video
cassettes, or video reproductions, slides or other visual representations
which are distinguished or characterized by their emphasis on matter
depicting, describing or related to specified sexual activities or
specified anatomical areas, or instruments, devices or paraphernalia
which are designed for use in connection with specified sexual activities,
or an establishment with a segment or section devoted to the sale
or display of such material, where that segment or section exceeds
an area of 10% of the sales space in such an establishment or 50 square
feet, whichever is greater.
The term “adult bookstore” shall
include but not be limited to an adult video store, and all such uses
shall be considered a regulated use for the purpose of this chapter.
All of the following shall be considered "adult businesses/regulated
uses":
The use of a building or land for a business
which has obscene materials as a substantial or significant portion
of its stock-in-trade.
The use of a building or land for a business
which involves the sale, lease, trade, gift or display of drug paraphernalia
as a substantial or significant portion of its stock-in-trade.
Any nightclub, bar, restaurant, arcade, theater,
or any other establishment that conducts live performances as part
of its business that are characterized by the exposure of specified
anatomical areas or by specified sexual activities, or films, motion
pictures, video cassettes, slides, or other photographic reproductions
in which a substantial portion of the total presentation time is devoted
to the showing of material that is characterized by an emphasis upon
the depiction or description of specified sexual activities or specified
anatomical areas, or where any specified sexual activities are conducted
for economic gain or any other form of consideration.
Any of the following as defined herein:
Adult arcade.
Adult bookstore or adult video store.
Adult live entertainment use or facility.
Adult motel.
Adult motion-picture theater.
Adult theater.
Cabaret.
Drug paraphernalia stores.
Escort agency.
Massage parlor.
Nude model studio.
Sexual encounter center.
A commercial use (including, but not limited
to a use selling food or beverages) including live entertainment involving:
Persons (which may include, but is not limited
to, waiters, waitresses, contractors, dancers, clerks, bartenders
or others) appearing in a state of nudity; or
Live performances which are characterized by
the exposure of specified anatomical areas or simulated or actual
specified sexual activities; or
Films, motion pictures, video cassettes, slides
or other photographic reproductions which are characterized by the
depiction or description of specified sexual activities or specified
anatomical areas.
An adult live entertainment use or facility
shall be considered an adult business for the purpose of this chapter.
A hotel, motel or similar commercial establishment
which:
Offers accommodations to the public for any
form of consideration and as part of the consideration provides patrons
with closed-circuit television transmissions, films, motion pictures,
video cassettes, slides, or other photographic reproductions which
are characterized by the depiction or description of specified sexual
activities or specified anatomical areas; and
Offers sleeping rooms for rent three or more
times in one calendar day.
An adult motel shall be considered an adult
business for the purpose of this chapter.
A commercial establishment where, for any form
of consideration, films, motion pictures, video cassettes, slides,
or similar photographic reproductions are regularly shown which are
characterized by the depiction or description of specified sexual
activities or specified anatomical areas.
An adult motion-picture theater shall be considered
an adult business for the purpose of this chapter.
A theater, concert hall, auditorium, or similar commercial
establishment which regularly features persons who appear in a state
of nudity or in live performances which are characterized by the exposure
of specified anatomical areas or specified sexual activities. An adult
theater shall be considered an adult business for the purpose of this
chapter.
An adult club, restaurant, theater, hall or similar place
which features topless dancers, go-go dancers, exotic dancers, strippers,
male or female impersonators or similar entertainers exhibiting specified
anatomical areas or performing specified sexual activities.
Any objects, devices, instruments, apparatus or contrivances,
whose primary and traditionally exclusive use is involved with the
illegal use of any and all controlled substances under Pennsylvania
law.
Any retail store selling paraphernalia commonly related to
the use of any drug or narcotic of which the sale, use or possession
of is subject to the provisions of the Controlled Substance, Drug,
Device and Cosmetic Act, 1972, April 14, P.L. 233, No. 64, 51 et seq.,
35 P.S. § 780-101 et seq., including, but not limited to,
water pipes, pipe "screens," hashish pipes, "roach clips," "coke"
spoons, "bongs" and cigarette rolling paper, except that this shall
not be deemed to include the sale of cigarette rolling papers by a
store that also sells loose tobacco or the sale by prescription of
implements needed for the use of prescribed drugs or narcotics.
A person who, for consideration, agrees or offers to act
as a companion, guide, or date for another person, or who agrees or
offers to privately model lingerie or to privately perform a striptease
for another person.
A person or business association or establishment which furnishes,
offers to furnish, or advertises to furnish escorts as one of its
primary business purposes for a fee, tip, or other consideration.
The performance of manipulative exercises using hands and/or
a mechanical or bathing device on a person's or persons' skin other
than the face or neck by another person(s) that is related to certain
monetary compensation, and which does not involve persons who are
related to each other by blood, adoption, marriage or official guardianship.
A person or business association or establishment which furnishes,
offers to furnish, or advertises to furnish as one of its primary
business purposes for a fee, tip, or other consideration a massage
which involves the exposure of any specified anatomical areas or the
conduct of any specified sexual activities, except where such service
is provided by a certified masseur/masseuse.
Any place where a person who appears in a state of nudity
exhibiting specified anatomical areas is provided to be observed,
sketched, drawn, painted, sculptured, photographed, or similarly depicted
by other persons who pay money or any form of consideration.
The showing of the human male or female genitals, pubic area,
or buttocks with less than a fully opaque covering or the showing
of the female breast with less than a fully opaque covering or any
portion thereof below the top of the areolae.
Any literature, book, magazine, pamphlet, newspaper, paper,
comic book, drawing, photograph, figure, image, motion picture, video
tape, sound recording, article, instrument or any other written or
recorded matter which depicts or describes any specified anatomical
areas and/or specified sexual activities.
Any of the following:
Any of the following:
(5)
Standards. In addition to the other applicable provisions
hereof, the following standards shall apply to adult businesses:
(a)
No regulated use shall be permitted within 3,000
feet of any other existing regulated use; and/or
(b)
No regulated use shall be permitted within 500
feet of any establishment that sells alcoholic beverages; and/or
(c)
No regulated use shall be permitted within 500
feet of any residentially zoned district, or any of the following
residentially related uses:
[1]
Group care facility;
[2]
Commercial enterprises catering primarily to
persons under 18 years of age;
[3]
Churches, chapels, convents, rectories, religious
article or religious apparel stores;
[4]
Schools, up to and including the 12th grade,
and their adjunct play areas;
[5]
Public recreational facilities, and public libraries;
[6]
All other public buildings and offices.
(d)
For the purposes of this section, spacing distances
shall be measured as follows:
(e)
Enlargement. Any enlargement or expansion of an existing, legally created adult business shall be considered a special exception use subject to the provisions of this Subsection A and all other applicable standards of this chapter.
(f)
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.
(g)
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 Subsection A shall be deemed a nonconforming use. Such nonconforming uses shall be increased, enlarged, altered or extended, only in accord with Article VII, Nonconforming Uses and Buildings, and all other applicable standards of this chapter. The use may be changed to a conforming use. However, under no circumstances shall a nonconforming use as regulated by Article VII hereof be changed to any type of adult business without applying for such change of use as a special exception.
(h)
Change of use. Whenever an existing regulated
use is proposed to be changed to another permitted regulated use,
the applicant shall request consideration as another regulated use
in accordance with the procedures set forth herein for such special
exceptions.
(i)
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 special exception permit, a use from which an adult business is required to provide a setback under this Subsection A is developed within the required setback distance. Any additions or expansions of the adult business use shall comply with all setbacks required by this Subsection A.
(j)
Alcohol. No adult business shall be operated
in combination with the sale and/or consumption of alcoholic beverages
on the premises.
(k)
No regulated use shall permit the admission
of minors to their regulated business establishment, and the sale
of regulated services or materials to minors is also prohibited.
(l)
No regulated use shall operate between the hours
of 2:00 a.m. and 8:00 a.m. from Monday to Friday, nor between the
hours of 3:00 a.m. and 8:00 a.m. on Saturdays, nor between the hours
of 3:00 a.m. and 12:00 noon on Sundays.
(m)
Exemption for modeling class. It is a defense to prosecution under this Subsection A that a person appearing in a state of nudity did so in a modeling class operated:
[1]
By a proprietary school, licensed by the state,
or an academically accredited college or university;
[2]
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;
[3]
In a structure:
[a]
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
[b]
Where, in order to participate
in a class, a student must enroll at least three days in advance of
the class; and
[c]
Where no more than one nude model
is on the premises at any one time; or
[4]
By an organization which qualifies under Section
501(c)(3) of the U.S. Internal Revenue Code as a nonprofit organization
or foundation.
(6)
Signs and other visible messages. All regulated uses
shall be permitted signs and visible messages based on the allowable
sign area of the zoning district in which they are located; provided:
(b)
Other visible message. Messages which are visible
or intended to be visible from outside the property (such as on or
within doors or windows) shall not display material, items, publications,
pictures, films, or printed material available on the premises; or
pictures, films, or live presentation of persons performing, or services
offered on the premises.
B.
Animal hospitals, kennels, pounds and similar uses.
In any zoning district where permitted, no such use shall be located
closer than 100 feet to any R District, restaurant, or hotel, and
shall show that adequate measures and controls shall be taken to prevent
offensive noise and odor. No incineration shall be permitted on the
premises.
C.
Bakeries. Bakeries (retail) shall be located no closer
to an R District than 50 feet and goods produced on the premises shall
be sold only at retail on the premises.
F.
Retail sales for guests only. Where such uses are
permitted the following shall apply:
(1)
There shall be no external evidence of any gainful
activity, however incidental, nor any access to any space used for
gainful activity, other than from within the building.
(2)
There shall be no harm to adjoining existing or potential
residential development due to excessive traffic generation or noise
or other circumstances.
G.
Junkyards and similar storage areas, including automobile
wrecking.
(1)
All junkyards shall be completely screened from roads and developed areas with a solid fence or wall six feet or more in height, maintained in good condition, and painted, except for masonry construction, or in accordance with § 300-19B(3)(c) hereof, and shall not be visible at property line.
(2)
No operations shall be conducted which shall cause
a general nuisance or endanger the public health of the surrounding
neighborhood.
(3)
All existing junkyards shall comply with these requirements
within one year of the date of this chapter, or shall then terminate
their operation.
(4)
Such uses shall not abut existing residential development, a residential street, or any R District, and the operation thereof shall be governed by the provisions of § 300-30B hereof and any other conditions as may be required by the Zoning Hearing Board to protect the public health, safety, comfort, convenience, and general welfare and especially with regard to abutting properties and occupants thereof.
(5)
No highly inflammable or explosive material shall
be stored in bulk above ground, with the exception of fuel tanks or
drums which are directly connected with heating appliances. Inflammable
and explosive material storage shall be in compliance with all applicable
federal and state laws and regulations.
(6)
All materials or wastes causing fumes or dust, constituting
a fire hazard, or attractive to rodents or insects, may be stored
outdoors only in enclosed containers.
(7)
No new junkyards or similar storage areas shall be permitted within the Borough limits from the date of passage of this chapter. Such uses existing at said date of adoption may continue their operations, but shall terminate within one year of the adoption of this chapter unless they shall be completely screened from roads and developed areas with a solid fence or wall six feet or more in height, maintained in good condition, and painted, except for masonry construction, or in accordance with § 300-19B hereof. Materials stored shall not be visible at any property line.
H.
Earth-moving/earth-extraction industrial activities.
(1)
Procedure.
(a)
All types of earth-moving/earth-extraction industrial
activities shall be considered a temporary use of land and may be
permitted only as a special exception in accordance with Table No.
1.[8] Application for said use shall not include any such earth
extraction activities which will be completed within 60 days of the
passage of this chapter. Such use shall only be authorized as a temporary
use for a period of not more than 10 years or such lesser period as
may be established on a case-by-case basis by the Borough Council.
Such temporary use may be extended for periods of time equal to or
less than the original temporary use permit; provided, however, that
each such request for an extension shall be in accordance with the
procedures for any new application for a special exception. Any such
request for an extension of authorization shall be initiated not less
than 120 days prior to the scheduled termination of the temporary
use.
[8]
Editor's Note: Table No. 1 is included at the end of this chapter.
(b)
All applications for earth extraction permits
shall be filed with the Zoning Officer and shall include the following:
[1]
A map in duplicate drawn to scale of not less
than one inch equals 200 feet, which outlines the entire proposed
area of earth extraction activities and shows the surface features,
including buildings, dwellings, schools, railroads and highways within
a distance of 500 feet from the perimeter of the proposed activities.
In addition, said map will indicate the approximate or proposed depth
of excavation and the number of surface acres of land subject to these
activities.
[2]
A bond payable to the Borough of Moosic conditioned
on saving the Borough and its officials of and from any and all claims,
suits or demands caused by any blasting and, further, to guarantee
backfilling as required herein. The amount of said bond shall be set
by an engineer designated by the Borough and based on his estimate
of the reasonable cost of such replacement, but in no case shall the
amount be less than $1,500 per acre of land to be excavated. Such
bond shall be signed by the applicant and a corporate surety licensed
to do business in the State of Pennsylvania, or the applicant may
elect to deposit cash or United States Securities in lieu of surety
bond. Upon covering the exposed surface and approval thereof by the
Engineer, the Borough will release the applicant and his surety from
their bond.
[3]
A certificate of insurance with limits of not
less than $100,000 for personal injuries and not less than $300,000
for property damage for the benefit of all persons who might be injured
or suffer property damage as a result of said earth extraction operations.
[5]
If required by the Zoning Hearing Board to ensure
the public safety and welfare of persons and property in the immediate
vicinity, open excavation and pits shall be enclosed with a fence
of not less than six feet in height.
[6]
A statement signed by the applicant agreeing
to comply with the requirement that no earth-extraction activities
will be operated earlier than 7:00 a.m. nor later than 8:00 p.m. during
each day and such activities shall not be operated on Sundays.
[7]
All such applications shall include evidence of a state-issued mining license and permit. In addition to all other applicable requirements set forth herein, all such uses shall also be required to comply with the requirements of § 300-24D and Subsection I(3) regarding the submission of an environmental assessment.
(2)
Excavation of topsoil, gravel, sand or rock.
(a)
All excavations must be enclosed by a fence
not less than six feet in height located at least 10 feet from the
sides or perimeter of the excavation. All such excavation must be
adequately drained to prevent the formation of pools of water. The
side walls of all such excavations shall slope at an angle no steeper
than one foot of vertical distance for each two feet of horizontal
distance.
(b)
A rock crusher or processing plant shall not
be located nearer than 500 feet to any adjoining residence.
(c)
Topsoil or sod may be removed only under the
following conditions:
(d)
In no event shall any excavated materials be
permitted to form waste piles or mounds, it being the intent of this
provision that any excavated material be used as fill or refill or
otherwise distributed so as to avoid any unsightly or unnecessary
accumulation.
(3)
Culm bank removal. Culm bank removal shall be permitted
only as a special exception in the zoning district or districts where
it is so authorized in Table No. 1 hereof,[10] subject to all of the criteria, conditions, and procedures
governing special exceptions and the following:
(a)
Such use shall be permitted only as a temporary
use.
(b)
All such uses shall comply with the applicable provisions of Subsection H; provided, however, that the term "strip mining" shall include the term "culm bank removal"; and such use shall be governed by the regulations applicable to special exceptions instead of conditional uses. In addition, such use shall be governed by the performance standards set forth in Article VI hereof.
(c)
Temporary use permit. A temporary use permit
shall be issued by the Zoning Officer only upon authorization by the
Zoning Hearing Board. Such temporary permit shall authorize such use
for a period of not more than one year; provided, however, that a
separate application shall be submitted for each additional year subsequent
to the first temporary permit; and provided further that there shall
be an aggregate of not more than five temporary one-year permits issued
for any such reclamation site. In each instance the Zoning Hearing
Board shall hold a public hearing on the request and shall consider
the impact of the preceding temporary permit on the environs of the
subject property.
(d)
Revocation of permit. If it is determined by
the Zoning Hearing Board that the operation of such use is in violation
of the terms and conditions set forth in this chapter and any other
terms and conditions set forth in the temporary use permit, such violations
shall be abated within 72 hours of such determination. Failure to
abate such violation shall result in the revocation of the permit
therefor.
[10]
Editor's Note: Table No. 1 is included at the end of this chapter.
I.
Solid waste disposal areas (sanitary landfills), transfer
stations and staging areas.
(1)
General. All solid waste disposal facilities, transfer
stations and staging areas are herein referred to as "the facility."
Such uses shall be permitted only as conditional uses in the districts
specified in Table No. 1 hereof.[11] Sanitary landfills shall only be permitted as a conditional use in accordance with all applicable regulations contained in this chapter governing conditional uses as well as all regulations contained herein governing earth-moving activities and all applicable state and federal regulations. Staging areas required in conjunction with sanitary landfills shall only be operated within the confines of a licensed sanitary landfill site, but in no event shall such staging area be distant less than 1,000 feet from any residential zone. Staging areas shall be screened from public view in accordance with § 300-19 hereof. All solid waste disposal facilities, including related facilities such as staging areas, shall be required to provide evidence of a state-issued license and permit. Such uses shall comply with all applicable regulations specified elsewhere in this chapter and with the following requirements.
[11]
Editor's Note: Table No. 1 is included at the end of this chapter.
(2)
Source and content.
(a)
Solid waste material permitted at facilities. No facility in Moosic Borough shall accept any solid waste other than “municipal solid waste” as defined herein in § 300-58 or “residual waste” as defined by DEP.
(b)
Source of solid waste. No facility in Moosic
Borough shall accept solid waste generated elsewhere than in Lackawanna
County; provided, however, that on a case-by-case basis, the operator
of a solid waste disposal facility may dispose of solid wastes generated
outside of Lackawanna County if approved as a special exception by
the Zoning Hearing Board. In approving such a special exception, the
Zoning Hearing Board shall determine that the disposal of such solid
wastes in a solid waste disposal facility operated in Moosic Borough
shall not be or potentially be hazardous to the health and safety
of any resident of Moosic Borough or its environs.
(3)
Environmental assessment.
(a)
All proposed solid waste disposal facilities shall prepare and submit to the Borough an environmental assessment pursuant to § 300-24D hereof and shall fully comply with the regulations of the Pennsylvania Department of Environmental Protection.
(b)
Such environmental assessments shall also include
a traffic study and plan which shall comply with the following requirements:
[1]
Any facility located adjacent to a federal aid
highway shall comply with all regulations of the Federal Highway Administration.
[2]
Any facility located adjacent to a state highway
shall comply with all regulations of the Pennsylvania Department of
Transportation.
[3]
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 hospital,
residential home, commercial, retail establishment, public school
or religious institution.
[4]
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.
(4)
Traffic control requirements. No trucks or other vehicles
shall be allowed to be parked along any public right-of-way prior
to entering the facility. It shall be the responsibility of the facility's
operator to schedule vehicles in a manner which will preclude this
occurrence and/or to provide adequate on-site vehicle storage facilities
in order to comply with this standard.
(5)
Storage of waste.
(a)
All solid waste facilities, including transfer stations and staging areas, which store the solid waste at any stage prior to disposal at an approved facility shall maintain the aforesaid solid waste within a completely enclosed building. Storage of materials, supplies or solid waste in motor vehicles, truck trailers or other containers normally used to transport materials shall not be permitted unless the aforesaid motor vehicles, truck trailers or other containers shall be stored within a building in accordance with Subsection I(5)(b) hereof.
(b)
All municipal solid waste which is brought to
the site shall be removed from the site by the end of the business
on the date that it is brought to that site, notwithstanding any DEP
regulations which would allow said municipal waste to remain thereon
for a longer period of time; provided, however, that not more than
one loaded or partially loaded vehicle may be stored overnight in
an enclosed building for a period of not more than 18 hours.
(c)
Facility operators shall be responsible for
the cleanup of the facility's road entrance and surrounding area,
throughout the work period, with a final cleanup at the conclusion
of the work period.
(6)
Screening, fencing and other security requirements.
(a)
All solid waste disposal facilities shall be
completely enclosed by a litter fence. The fence shall be fully enclosed
with slats to a height of not less than 10 feet for the purposes of
retaining all litter waste within the confines of the site. The erection
of said fence shall be completed within six months after the issuance
of a license for a facility. A locked gate system shall be installed
on the property so as to prevent any and all illegal dumping which
may take place on this site and its surroundings. 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. Such fence
shall not be located closer than 200 feet to any property line. In
cases where natural vegetation is not adequate to screen the facility
from view from adjoining properties or roads, a dense evergreen planting
to effect such screening shall be provided and maintained by the applicant
in accordance with a planting plan submitted by the applicant and
approved by the Borough.
(b)
An evergreen buffered area shall be provided
outside of the litter fence, but on the same property. Such natural
vegetation shall be designed to act as a visual screen against the
site from all adjoining landowners.
(c)
Security guards shall be placed at the site
for the purposes of control against illegal dumping.
(7)
Location restrictions. After the effective date of
this chapter no facility shall be located closer than 750 feet to
an existing public right-of-way or property line; residential structure
existing at the time of adoption of this chapter; public, semipublic
or institutional use; or commercial or recreational facility.
(8)
Vector control. All facilities shall establish a vector
control program designed to eradicate all rodent problems at the subject
site and on surrounding sites. A description of the planned vector
control program shall be submitted with all applications for facilities.
(9)
Water quality.
(a)
Treatment and disposal of effluent. The facility
shall provide for treatment and disposal of all liquid effluent and
discharges generated by the facility due to the storage, washing or
other process used in processing the solid waste. The facility must
provide for treatment of all leachate and all other liquid effluent
and discharge, unless a sewage treatment facility exists on a site
which is approved by the Pennsylvania Department of Environmental
Protection, and all leachate and/or liquid discharge will be transported
from the site at regular intervals so as not to cause a hazardous
situation at the site, and such leachate shall be removed from the
site pursuant to any and all applicable ordinances of Moosic Borough,
regulations of the Pennsylvania Department of Environmental Protection
and any and all other applicable statutes or ordinances.
(b)
Monitoring water quality. The owner of any solid
waste disposal facility shall be required to monitor the ground and
surface water in the vicinity of the facility. Water testing shall
be conducted in accordance with the Department of Environmental Protection
testing requirements as set forth in the Pennsylvania Code for water
quality monitoring and groundwater assessment. The results of these
tests shall be provided to the Borough. In the event that the facility
as defined in this section shall not comply with the regulations as
set forth herein, 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 above the facility drainage area and one sample
shall be taken from the stream at a point below the facility drainage
area. In addition, any 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 governing body, and results shall
be provided to the Borough. If said samples exceed the limits established
by the Pennsylvania Department of Environmental Protection, the solid
waste disposal facility shall cease operation until such time as the
sources of the contamination have been identified and corrected.
(c)
Treatment of stormwater. All stormwater collected
on site which is exposed to and/or contaminated by solid or residual
waste shall be treated by the facility's wastewater treatment system.
Stormwater which does not come in contact with the on-site solid or
residual waste shall be handled by the facility stormwater management
plan which must specifically provide that said water is segregated
from exposure to the solid or residual waste located at the facility.
Parking of trucks loaded with solid waste which have not been properly
cleaned and washed shall only be permitted in buildings, handling
areas or parking areas in which containment of spillage, leakage or
other contaminants is provided.
(d)
Alternative requirements. If the facility is maintained in accordance with the requirements of the Pennsylvania Department of Environmental Protection, then in lieu of the requirements of Subsection I(9)(a), (b), and (c), the operator of the facility shall submit to the Borough Zoning Officer duplicate copies of all applicable permits, reports required by the permits, and any action taken by the permittee related to the permit.
The purpose of this section shall be to permit
large-scale development in such a manner as to provide for the flexibility
of design and arrangement of structures which would achieve the objectives
of this chapter but would not be bound by the standards established
for individual lot-by-lot developments. Where such exceptions are
requested, they shall be granted solely for the purpose of promoting
an integrated site plan no less beneficial to the residents or occupants
of such developments as well as of neighboring properties than would
be obtained under the normal requirements of this chapter. Such developments
shall, however, be subject to the broader standards set forth below.
Large-scale developments as defined herein shall be permitted as a
special exceptions in the districts enumerated in Table No. 1[1] and shall be developed in accordance with the following
requirements:
A.
Conformity with Comprehensive Plan. The proposed large-scale
development shall conform to the municipality's Comprehensive Plan
in terms of general location.
B.
Large-scale residential developments. The purpose
of this section shall be to permit the large-scale development of
housing in such a manner as to provide for the flexibility of design
and arrangement of dwelling structures which would achieve the objectives
of this chapter but would not be bound by the standards established
for individual lot-by-lot developments. Such developments shall, however,
be subject to the broader standards set forth below:
(1)
Spacing and orientation of residential developments.
Spacing between buildings and orientation in residential building
groups shall be as follows:
(a)
In buildings containing multiple dwelling units,
walls containing main window exposures or main entrances shall be
so oriented as to insure adequate light and air exposures.
(b)
Such buildings shall be so arranged as to avoid
undue exposure to concentrated loading or parking facilities and shall
be so oriented as to preserve visual and audible privacy between adjacent
buildings.
(c)
Large-scale developments with interior circulation. When a development is designed to be served by an interior pedestrian or vehicular circulation system, buildings may face the interior roadways; provided, however, where such an orientation results in the rear or the side(s) of such buildings being within 100 feet of a public right-of-way, then such rear and/or side walls shall be screened from the public right-of-way in accordance with § 300-19B(3)(b).
(2)
Vehicle and pedestrian circulation. Adequate provision
for vehicle and pedestrian circulation shall be designed as follows:
(a)
Safe and convenient arrangement of walks, roadways,
driveways, and off-street parking and loading space.
(b)
Separation of general vehicle traffic from pedestrian
walks and public transportation loading places.
(c)
A building group may not be so arranged that
any temporary or permanently inhabited building is inaccessible by
emergency vehicles.
(3)
Paving and drainage. The developer shall install,
throughout any proposed large-scale residential development, hard-surfaced
streets, which shall include curbs or gutters, catch basins and storm
sewers.
(4)
Development standards.
(a)
Minimum lot area per dwelling unit.
[1]
Single-family detached and attached dwellings.
Although the average minimum lot area per dwelling unit shall not
be less than the minimum area requirement for the district where the
development is located, the size of each lot may be reduced as needed,
to not less than 2/3 of the minimum required in the district where
located, provided, however, that for "cluster" developments each lot
may be reduced to 1/3 of the minimum lot area, but the average area
per dwelling unit, within each development section including open
space shall not be less than the minimum otherwise required for the
district where located.
[2]
Two-family dwellings, garden apartments, and
other multifamily dwellings. The average minimum lot area per dwelling
unit shall not be less than . The dimensions of each individual lot
may, however, be reduced by not more than 1/3 of the minimum requirement,
provided that the average lot area per dwelling unit within each development
district shall not be less than the area otherwise required.
(b)
Minimum lot size. There shall be no minimum lot size requirements for any housing types other than the average minimum lot area required for such dwellings as described in Subsection B(4)(a) hereof.
(c)
Minimum lot frontage. The minimum lot frontage
requirement shall be as follows:
[1]
One-family and two-family dwellings, detached:
100 feet.
[2]
One-family and two-family dwellings, semidetached:
80 feet for each side.
[3]
One-family dwellings, attached (townhouses):
20 feet per dwelling unit plus an additional 25 feet at each end of
all rows.
[4]
One-family cluster development: none.
[5]
Multifamily dwelling structures, including garden
apartments: none.
(d)
Minimum lot depth. No lot for any residential
structure or group of residential structures shall have a lot depth
of less than 150 feet.
(e)
Minimum front yards. The minimum front yard
for all residential structures shall be 40 feet, except that garden
apartments and other multifamily structures not including townhouses
shall have a minimum front yard of not less than 50 feet; provided,
however, that these minimum front yard requirements may be reduced
by not more than 20% if the developer shall provide adequate justification
acceptable to both the Planning Commission and the Zoning Hearing
Board.
(f)
Minimum side yards and other distances between
buildings. Minimum side yards for all single-family dwellings including
"cluster" developments shall be as specified in Table No. 2, Table
No. 3, and Table No. 4 hereof[2] for the district where located. Other side yard requirements
for residential structures shall be as follows:
[1]
Side yards adjoining public rights-of-way or
other thoroughfares shall be not less than 40 feet.
[2]
All other distances between buildings shall be as set forth under Subsection B(1) and § 300-25A(2) hereof.
[2]
Editor's Note: Tables 2, 3 and 4 are included
at the end of this chapter.
(g)
Maximum lot coverage. There shall be no maximum
lot coverage limitation on a lot-by-lot basis; provided, however,
that the overall coverage of land by buildings and other impervious
surfaces within any development section shall not exceed 60% of the
net land area (excluding land used for rights-of-way).
(5)
Supporting commercial facilities. Local retail and
service commercial facilities, including those uses designated as
principal permitted uses in a C-1 Commercial District, may be permitted
in a large-scale residential development provided that such commercial
development including required off-street parking, off-street loading
and landscaping shall not exceed 10% of the net land area of the large-scale
residential development; provided that such uses shall not include
automobile service stations, bars, cocktail lounges, and similar uses;
and provided further that the location of such commercial facilities
shall be approved by the Planning Commission. Such permitted retail
and service uses shall be designed to primarily serve the residents
of the large-scale development of which they are a part.
(6)
Esthetic considerations. Due to the potential impact
of a large-scale development on the Borough as a whole, and since
the developer is provided the opportunity to modify otherwise minimum
development standards, the Zoning Hearing Board may withhold the overall
approval of such projects as well as the approval of reduced standards
pending their review and approval of the proposed overall design,
arrangement and layout of the buildings to be erected, including the
exterior design of such buildings to insure that the architectural
character of the large-scale development area will be compatible with
that of the adjoining areas.
C.
Large-scale commercial and manufacturing development.
(1)
Spacing and orientation of commercial and manufacturing
developments. Spacing between buildings and orientation in commercial
and industrial building groups shall be as follows:
(a)
Exterior walls of opposite buildings shall be
located no closer than a distance equal to the height of the taller
building.
(b)
A building group may not be so arranged that
any permanently or temporarily inhabited building is inaccessible
by emergency vehicles.
(c)
Individual buildings on public rights-of-way.
The front facade of a building shall face the road/right-of-way which
it abuts; provided, however, that if it is located on a corner parcel,
it shall face the widest road; provided, however, that if both roads
are of equal or near equal width, it may face on either road, unless
the existing pattern of development has predetermined the road that
shall be faced.
(2)
Signs and lighting.
(a)
All signs and lighting devices shall be of a
type and design that will not conflict with traffic control signs
and lights and shall be so oriented that they do not produce glare
on the highway or adjacent residential development.
(b)
In any commercial development of five acres or more, identification signs may be erected in accordance with the provision of § 300-30F hereof, except as follows:
[1]
There shall be not more than one such sign for
each commercial establishment, but there may be a maximum of one additional
sign identifying the large-scale development and the occupants thereof;
provided, however, that where there is more than one main entrance,
such signs may be erected at each entrance.
[2]
Signs identifying a large-scale commercial development
may be freestanding or attached to a wall.
[3]
Any freestanding sign shall be located at the
entranceway of the use which it identifies. No such freestanding sign
shall extend more than 30 feet above the mean ground level where it
is located.
[4]
No sign identifying a building group shall have
an area of more than 10% of the vertical wall area of the front of
the building nor shall the total area of the sign of each tenant exceed
10% of the vertical building wall area of the front of the space occupied
by the tenant.
[5]
Except for signs identifying the large-scale
development, all signs shall be attached to the principal buildings.
[6]
No business sign shall project more than two
feet from the building facade to which it is attached.
[7]
No business sign shall be erected or maintained
upon the roof of a building nor shall any sign extend above the roof
of a building a distance of more than five feet, provided, however,
that a business sign may be affixed to a parapet. It may not extend
above the top of the parapet, except that it may extend not more than
five feet above the roof of the building and no such sign shall project
more than one foot from the parapet.
[8]
The area of any sign shall include the entire
face of the sign and any structural work incidental to its erection
and/or decoration. If the sign is composed of individual letters,
figures or designs, the space between and around such letter, figures,
or designs shall be considered as part of the area. For freestanding
signs not affixed to buildings, the area of double-faced signs shall
be considered the same as for single-faced signs.
[9]
Plans showing proposed location and design of
all signs, including directional traffic signs and parking signs shall
be submitted to the Planning Commission for its review and recommendation
to the Zoning Hearing Board which shall be responsible for approval.
In granting such approval, special attention shall be given to considerations
of safety and convenience of traffic movement, and the appropriate
and harmonious relationships between buildings, structures, and signs,
both on the site and in adjacent areas.
[10]
Proper arrangement of signs and
lighting devices with respect to traffic control equipment and adjacent
residential districts shall be observed.
[11]
Directional signs indicating the
location of the occupant(s) may be erected and maintained, provided,
however, that the size of such sign shall not exceed an area of six
square feet nor a length of four feet, and provided further that there
shall be not more than one such sign for each entrance to any premises.
[12]
The lesser dimension of any sign
shall not exceed five feet, provided, however, that for large-scale
development signs, this provision shall not apply.
D.
Planned, integrated shopping centers and industrial
parks shall be subject to the following requirements regardless of
the applicants' request for consideration as a large-scale development:
(1)
A tract of no less than 175,000 square feet is required.
(2)
Only one ingress and one egress point is permitted
for each 300 front feet along a major highway.
(3)
A site design plan showing building placement and
vehicular safety control features, specific landscaping components,
and the size and location of signage shall be submitted with all applications.
(4)
An architectural rendering showing the appearance
of the facade(s) of the structure(s) visible from the major highway
shall be submitted along with the site plan.
[1]
Editor's Note: Table No. 1 is included at the end of this chapter.
A.
Off-street parking. In all districts, in connection
with every manufacturing, business, institutional, recreational, residential
or any other use, there shall be provided, at the time any building
or structure is erected or is enlarged or increased in capacity, off-street
parking space for automobiles available to the occupants of such buildings
and to visitors thereto at no charge. Off-street parking developed
in all districts shall be in accordance with the requirements set
forth herein.
(1)
Size and access.
(a)
Each off-street parking space in a parking lot
shall be not less than nine feet by 18 feet in size, and shall be
of usable shape and condition. Except in the case of dwellings, no
parking area shall contain less than three spaces.
(b)
There shall be adequate provisions for ingress
and egress to all parking spaces. Access to off-street parking areas
shall be limited to several well-defined locations and in no case
shall there be permitted unrestricted access along the length of the
street or alley upon which the parking area abuts.
(c)
No off-street parking shall be located in the
front yard of any residential lot, except where it is also in a side
yard.
(d)
In nonresidential zones, no point of ingress
or egress shall be nearer, one to the other, than 300 feet, except
where inadequate highway frontage precludes the feasibility of complying
with this requirement.
(2)
Number of parking spaces required.
(a)
The number of off-street parking spaces required shall be as set forth in Table 5 following in accordance with the definition of "floor area" as set forth in Article XI hereof, provided further that in any R District, on any lot having an area of one acre or less, private garage space may be provided for not more than five motor vehicles. Space for one additional motor vehicle may be provided for each 1/5 acre by which the area of the lot exceeds one acre; and in any R District, not more than one garage space provided on any lot shall be used for the housing of a commercial motor vehicle greater than 1/2 ton capacity.
(b)
In any case of a building, structure or premises,
the use of which is not specifically mentioned herein, the provisions
for a use which is so mentioned and to which said use is similar,
in the opinion of the Zoning Hearing Board, shall apply.
(c)
The required parking may be reduced by the Zoning
Hearing Board to the number of spaces necessary for the use upon submission
of empirical data documenting the parking requirements for the use,
such as the current Trip Generation Manual promulgated by the Institute
of Traffic Engineers, data accepted by the Pennsylvania Department
of Transportation or a study of the parking demands for the proposed
use, which data must be reviewed and approved by the Borough Engineer.
[Added 5-13-2008 by Ord. No. 10-2008]
(3)
Off-site facilities. All permitted and required accessory
off-street parking spaces, open or enclosed, shall be located on the
same zone lot as the use to which such spaces are accessory, except
that such spaces may be provided elsewhere but shall be provided with
a radius of no greater distance than 250 feet from the zone lot, and
provided further that required spaces are provided off the site in
accordance with the provisions set forth herein and that such spaces
shall be in the same ownership as the use to which they are accessory,
or under permanent easement or lease to run throughout the life of
the use and shall be subject to deed restrictions filed in an office
of record, binding the owner and his heirs and/or assigns to maintain
the required number of spaces available throughout the life of such
use, and such spaces shall conform to all regulations of the district
in which they are located.
|
Table 5
| ||
|---|---|---|
|
Uses
|
Minimum Required Parking Spaces
| |
|
Apartments, townhouses and garden apartments1
|
2 for each dwelling unit
| |
|
Assisted living facilities
|
1 space for each 3 units and 1 space per employee
in maximum working shift
| |
|
Auctions, galleries
|
5 for each 500 square feet of floor area
| |
|
Bowling alleys
|
5 for each lane (5 for each 500 square feet
of floor area)
| |
|
Business and professional offices and banks,
except medical and dental offices
|
5 for each 1,000 square feet of floor area
| |
|
Churches and schools
|
1 for each 3.5 seats in an auditorium or for
each 17 classroom seats, whichever is greater
| |
|
Community buildings, and social halls
|
1 for each 200 square feet of floor area. 100
sf
| |
|
Country clubs, golf courses
|
1 for each 200 square feet of floor area occupied
by all principal and accessory structures, except those used for parking
purposes2
| |
|
Funeral homes, mortuaries
|
25 for each parlor
| |
|
Hospitals, nursing and convalescing homes
|
1 for each 3 beds plus 1 for each employee in
the maximum working shift
| |
|
Manufacturing plants, research or testing laboratories
|
1 for each 1,000 square feet of floor area,
plus 1 for each 4 employees in the maximum working shift; the total
parking area shall not be less than 25% of the building floor area
| |
|
Medical or dental clinics, or offices
|
5 spaces for each doctor and each dentist plus
1 space for each employee in the maximum working shift
| |
|
Motels, hotels and rooming houses
|
1 for each rental unit
| |
|
Movie theaters, auditoriums and sport stadiums
|
1 for each 2.5 seats
| |
|
Outdoor recreational facilities
|
An adequate number of spaces should be provided
so that all vehicles located at the facility can be accommodated in
existing parking lots and not on the Borough's roads
| |
|
Restaurants, beer parlors and nightclubs
|
1 for each 2.5 seats
| |
|
Retail stores, store groups, shops, and personal
services
|
3 for each 300 feet of floor area
| |
|
Single-family dwellings
|
2 for each family or dwelling unit
| |
|
Wholesale establishments or warehouses
|
1 for each 1 employee in maximum working shift,
but not less than 25% of building floor area
| |
|
NOTES:
| |
|
1Except elderly housing
where 1 parking space for each 3 dwelling units shall be provided.
| |
|
2There shall be not
less than 20 off-street parking spaces for each use.
|
B.
Off-street loading. In any district, in connection
with every building, or building group or part thereof hereafter erected
and having a gross floor area of 5,000 square feet or more, which
is to be occupied by manufacturing, or commercial uses, or distribution
of material or merchandise by vehicles, there shall be provided and
maintained, on the same zone lot with such building, off-street loading
berths in accordance with the requirement of Table 6 following.
(1)
Size and location. Each loading space shall be of
sufficient size to accommodate vehicles that are likely to utilize
the berth, but not less than 15 feet in width, 50 feet in length and
16 feet in height, and may occupy all or any part of any required
yard, except where located adjacent to any R District where they shall
be set back a minimum of six feet from any such property line.
|
Table 6
| |||
|---|---|---|---|
|
Uses
|
Square Feet of Floor Area
|
Required Off-Street Loading Berths
| |
|
Hospitals (in addition to space for ambulance)
|
From 10,000 to 30,000
|
1
| |
|
For each additional 30,000 or major fraction
thereof
|
1 additional
| ||
|
Hotels and offices
|
10,000 or more
|
1
| |
|
Retail, commercial, wholesale, manufacturing,
storage and miscellaneous
|
From 10,000 to 25,000
|
1
| |
|
From 25,000 to 40,000
|
2
| ||
|
From 40,000 to 60,000
|
3
| ||
|
From 60,000 to 100,000
|
4
| ||
|
For each additional 50,000 or major fraction
thereof
|
1 additional
| ||
|
Schools
|
15,000 or more
|
1
| |
|
Undertakers and funeral homes
|
5,000
|
1
| |
|
For each additional 5,000 or major fraction
thereof
|
1 additional
| ||
C.
Joint facilities for parking or loading. Off-street
parking and loading facilities for separate uses may be provided jointly
if the total number of spaces so provided is not less than the sum
of the separate requirements for each use and provided that all regulations
governing the location of accessory spaces in relation to the use
served are adhered to. Further, no accessory space or portion thereof
shall serve as a required space for more than one use unless otherwise
approved by the Zoning Hearing Board in accordance with the purposes
and procedures set forth herein.
D.
Development and maintenance of parking and loading
areas. Every parcel of land hereafter used as a public or private
parking area or loading area including a commercial parking lot shall
be developed and maintained in accordance with the following requirements:
(1)
Screening and landscaping. Off-street parking areas for more than five vehicles and off-street loading areas shall be effectively screened on each side which adjoins or faces premises situated in any R District, or institutional premises, by a solid fence or hedge in accordance with § 300-19 hereof. Any space between such fence or hedge and the side lot line adjoining premises, or the front lot line facing premises, in any R District shall be landscaped with grass, hardy shrubs or evergreen ground cover and maintained in good condition without advertising thereof.
(2)
Surfacing. Any off-street parking or loading area
shall be surfaced with an asphaltic or cement binder pavement or similar
durable and dustless surface which shall be so graded and drained
as to dispose of all surface water accumulated within the area, and
shall be so arranged and marked as to provide for the orderly and
safe loading, parking and storage of self-propelled vehicles.
(3)
Lighting. Any lighting used to illuminate any off-street
parking or loading areas shall be so arranged as to reflect the light
away from the adjoining premises in any R District.
(4)
Modification of requirements. The Zoning Hearing Board may authorize, on appeal, a modification, reduction or waiver of the foregoing requirements, if it should find that in the particular case appealed the peculiar nature of the use or the exceptional situation or condition must justify such action. Such modification shall be granted only in accordance with the procedure for variances, § 300-40A hereof.
E.
Automobile service stations and parking lots.
(1)
Location of establishments and access thereto. Vehicular
service stations, commercial parking lots for five or more motor vehicles,
automobile repair shops, or any vehicular access thereto are regulated
as follows:
(a)
A site development plan shall accompany all
applications and shall show building and fuel pump placement and dimensions,
parking, landscaping, internal circulation, and the size and location
of signage.
(b)
All vehicular servicing activities except for
those normally performed at fuel pumps shall be performed within completely
enclosed buildings.
(c)
Location of gasoline pumps. Gasoline pumps and
all other service equipment shall be set back not less than 25 feet
from any lot line and shall be so located that vehicles stopped for
service will not extend over the property line.
(d)
Fuel pumps shall not interfere with parking
spaces or internal circulation and shall be located at least 30 feet
from all parking areas.
(e)
A minimum width of 250 feet at the building
setback line is required.
(f)
Shall not be located within 100 feet of any boundary line of any R District; provided, however, that where the rear lot line of the property shall be less than 100 feet distant from an R District there shall be established along such rear lot line a buffer zone which shall be landscaped in accordance with the provisions of § 300-19B(3) hereof; and no part of any parking space shall be less than 25 feet from any residential property line.
(g)
Shall not be located within 200 feet of property
dedicated to or intended for schools, playgrounds, churches, hospitals,
public libraries and institutions for dependents or for children,
when located along the same street or road and in the same block as
said properties.
(h)
Vehicular access to the above automotive uses
shall be well-defined driveways and shall not be closer to the intersection
of any two street right-of-way lines than 50 feet.
F.
Commercial or recreational vehicle parking.
(2)
Permitted in R Zones.
(b)
The vehicles described above shall be allowed
only in accordance with the following requirements:
[1]
There shall be not more than three such vehicles
per dwelling unit.
[2]
Such vehicles shall not be located within a
front yard.
[3]
The motor of such a vehicle shall not be left
running for more than 30 minutes during any twenty-four-hour period;
provided, however, that said thirty-minute period shall not be between
9:00 p.m. and 6:00 a.m.
[4]
No refrigeration units on such vehicles shall
be operated on a residential zone lot.
[5]
No vehicle having a length in excess of 40 feet
shall be parked overnight on a residential zone lot.
(3)
Truck/tractor-trailer storage areas.
(a)
Trucks and tractor-trailers that are prohibited
from being stored in all residential zones may be stored in M Zones,
and as accessory storage on the site of the principal use to which
they are appurtenant.
(b)
The materials that are permitted to be stored shall be subject to the same limitations as specified for self-storage buildings in § 300-30B(3).
G.
Drive-in and drive-through businesses. Such businesses,
where persons are served in automobiles, shall be not closer than
200 feet to an R District and shall be located on a major public street
and shall provide ingress and egress so as to minimize traffic congestion,
and shall comply with the following:
(1)
A minimum of eight on-site vehicular waiting spaces
are required for occupied vehicles waiting for window service.
(2)
The above spaces shall not interfere with parking
spaces intended for non-drive-through customers, internal circulation
or pedestrian safety.
(3)
Applications shall be accompanied by a site development
plan showing building placement and dimensions, the location of all
drive-through facilities, parking, internal circulation and the location
and size of signage.
(4)
Trash receptacles shall be provided outside the facility
for patron use.
H.
Motor vehicle access. Whenever motor vehicle access
is provided from the street or private road onto the lot, the following
regulations shall apply:
(1)
Driveways and curbs. Access to the lot shall comply
with the following regulations:
(a)
Access shall be by not more than two driveways
for each 100 feet frontage on any street.
(b)
No such driveways shall be closer to each other
than 12 feet, and no driveway shall be closer to a side property line
than three feet, and no flare shall cross an extended side property
line.
(c)
Each driveway shall be not more than 35 feet
in width measured at right angles to the center line of the driveway,
except as increased by permissible curb return radii. The entire flare
of any return radius shall fall within the right-of-way.
(d)
On corner lots, driveways shall be no closer
than 30 feet to the point of intersection of two property lines at
any corner as measured along the property line, and shall not extend
across such extended property line.
(e)
For nondwelling uses, where there is an existing curb and gutter or sidewalks on the street there shall be provided a safety island along the entire frontage of the property, except for the permitted driveways. On the two ends and street or private road side of each such island shall be constructed a concrete curb, the height, locations, and structural specifications of which shall be approved by the municipal engineer. Maximum and minimum curb return radii permitted and minimum driveway approach angles to the center line of the street or private road are required as shown on Plate 1, attached to this chapter and made by this chapter as if fully described and detailed herein.[1]
[1]
Editor's Note: Plate 1 is included at the end of this chapter.
(f)
For nondwelling uses, where there is not an existing curb and gutter or sidewalk, a curb, fence, or pipe rail not exceeding two feet or less than eight inches in height as shown on Plate 1, attached to this chapter, shall be constructed along the entire length of the property line, except in front of the permitted driveways.
(g)
No access to public highways shall be permitted
within 300 feet of the intersection of said public street with interchange
ramps.
A.
Cemetery; crematory; mausoleum. These uses shall provide entrances on a street or road with ingress and egress so designed as to minimize traffic congestion, and shall provide, in accordance with § 300-19B(3)(b) hereof, a permanently maintained planting strip on all property lines abutting any R District or residential street.
B.
Mortuaries.
(1)
Undertaking and funeral parlor establishments may be permitted as a special exception in those zoning districts where they are enumerated in Article III hereof, provided that all required parking is made available; the outward appearance of the building does not detract from the residential area where it may be proposed; and it is to be located on a street where the collection and movement of vehicles participating in a funeral procession will not adversely affect the major or secondary vehicular circulation pattern of the community.
(2)
Applications for such uses shall be accompanied by
maps showing the proposed routing of funeral processions.
A.
Heliports and airports. Heliports and airports may
be permitted, including the construction of runways and landing pads,
provided that plans for such construction shall be approved by the
Federal Aviation Administration and that such construction will not
interfere with the Comprehensive Plan for the area which may be affected
by it, nor create any hazards or inconvenience in presently developed
areas. Except in the event of an emergency, helicopter landings shall
be permitted only at approved heliports.
B.
Storage areas.
(1)
Outdoor storage areas and storage facilities. Such
uses shall not abut existing residential development, a residential
street or any R District and the operation thereof shall be governed
by the following provisions and any other conditions as may be required
by the Zoning Hearing Board to protect the public health, safety,
comfort, convenience, and general welfare and especially with regard
to abutting properties and the occupants thereof:
(a)
Inflammables and explosives. No highly inflammable
or explosive liquids, solids or gases shall be stored in bulk above
ground, except as permitted by state and federal regulations. Tanks
or drums of fuel directly connecting with heating devices or appliances
located on the same premises as the tanks or drums of fuel are excluded
from this provision.
(b)
Fencing and setbacks. All outdoor storage facilities
shall be enclosed by a fence or wall adequate to conceal such facilities
and the contents thereof from adjacent property. Such walls and fences
shall be distant not less than 20 feet from any property line and
shall be distant not less than 25 feet from any public street.
(c)
Deposit of wastes. No materials or wastes shall
be deposited on any premises in such form or manner that they may
be transferred off such premises by natural causes or forces.
(d)
Other hazardous materials. All materials or
wastes which might cause fumes or dust or which constitute a fire
hazard or which may be edible by or otherwise be attractive to rodents
or insects shall be stored outdoors only in closed containers.
(e)
Tires. No tires, used or new, shall be stored
outdoors.
(2)
Storage of hazardous materials. Hazardous materials shall be those specified in Subsection B(3). In order to be authorized to store such materials, approval must be secured from DEP, and all containers must be labeled for spill, hazard, trash permit, and danger-if-in-contact.
(3)
Self-storage buildings.
(a)
Occupancy permit. An occupancy permit shall
be required for each self-storage unit.
(b)
It shall be the responsibility of the owner
to ascertain the tenant's occupancy permit.
(c)
In order to secure an occupancy permit, the
tenant shall provide a list of the contents to be stored. The storage
of the following hazardous materials is prohibited:
C.
Water storage areas.
(1)
Settling ponds and reservoirs. If the contents of
settling ponds is poisonous, toxic or caustic, the settling pond must
be fenced by an eight foot fence of cyclone fencing or tighter topped
by three strands of barbed wire; if the contents emit noxious fumes,
suitable ventilation controls must be exercised to prevent air pollution.
(2)
Retention and detention ponds/basins. Except as otherwise provided in § 300-22B(5)(d) hereof, any man-made water storage areas, except swales and wetlands, shall be fenced by an eight-foot fence of cyclone fencing or tighter.
D.
Radio and television towers, masts and aerials. Such
uses shall be subject to all applicable regulations of the FCC and
other applicable federal and state regulating bodies as evidenced
by their approval of all plans thereof.
E.
Telecommunications facilities.
(1)
Conditions that apply to the location of all telecommunications
towers and telecommunications facility buildings.
(a)
All applications for the location of telecommunications
towers and telecommunications facility buildings are subject to site
plan review by the Planning Commission and approval by the Borough
Council.
(b)
The telecommunications tower shall be designed
and constructed to all applicable standards of the American National
Standards Institute, ANSI/EIA-222-E manual, as amended; provided,
however, that such towers shall be monopole design, without lattice
work.
(c)
A soil report complying with the standards of
Appendix I, Geotechnical Investigations, ANSI/EIA-222-E manual, as
amended, shall be submitted to the Borough to document and verify
design specifications of the foundation for the telecommunications
tower, and anchors for the guy wires if used.
(d)
Telecommunications towers shall be designed
to withstand wind gusts of at least 100 miles per hour.
(e)
A telecommunications tower may not be located
on a lot that is listed on a historic register or in an officially
designated state or federal historic district.
(f)
The applicant for the placement of a telecommunications
tower shall be required to submit to the Borough evidence of the need
for the telecommunications tower and that the applicant has exhausted
all alternatives to constructing a telecommunications tower. Applicants
are required to prove need by:
[1]
Demonstrating via written evidence that, in
terms of location and construction, there are no existing towers,
telecommunications towers, buildings, structures, elevated tanks or
similar uses able to provide the platform for the telecommunications
antenna; and
[2]
Providing evidence, including coverage diagrams
and technical reports, demonstrating that collocation on existing
telecommunications towers is not technically possible in order to
serve the desired need. Collocation is not possible if:
[a]
Planned equipment would exceed
the structural capacity of existing telecommunications towers within
the Borough, considering existing and planned use of those telecommunications
towers, and existing telecommunications towers cannot be reinforced
to accommodate planned or equivalent equipment at a reasonable cost;
or
[b]
Planned equipment will cause radio
frequency (RF) interference with other existing or planned equipment
for the telecommunications tower, and the interference cannot be prevented
at a reasonable cost; or
[c]
Existing or approved telecommunications
towers do not have the space on which planned equipment can be placed
so it can function effectively and at least in parity with other similar
equipment in place or planned; or
[d]
Other reasons make it impractical
to place the equipment planned by the applicant on existing and approved
telecommunications towers.
(g)
No telecommunications tower shall be closer
than 500 feet to another telecommunications tower, such distance being
measured as a horizontal from tower to tower.
(h)
Telecommunications towers shall be subject to
a minimum setback from all overhead electric transmissions lines of
a distance equaling the height of the tower.
(i)
The applicant shall present documentation that
the telecommunications tower is designed in accordance with all applicable
state and federal regulations. Except as required by the Federal Aviation
Administration, or other federal or state agencies, no telecommunications
tower may use artificial lighting or strobe lighting at night.
(j)
An applicant for a zoning permit for a telecommunications
tower shall:
[1]
Execute an agreement with the Borough, in a
form legally acceptable to the Borough, requiring the removal of the
tower within one year after the tower ceases to function as such,
including the posting of appropriate security adequate to remove the
subject tower;
[2]
Agree to erect a tower with sufficient capacity
to accommodate not less than two antennas in addition to their own;
[3]
Agree to rent or sell such additional capacity
to another developer that requires antenna space to serve a similar
purpose;
[4]
Agree to submit to binding arbitration, in accordance
with procedures to be established by the Moosic Borough Council, and
agree to share the cost of such arbitration equally with the other
parties desiring space on the subject tower in the event that the
developer and the other parties do not reach an acceptable settlement
within 30 days of notification to the Borough; and, the tower developer
shall be responsible for prompt reporting of an offer within five
days thereof.
(k)
Except when located on the roof of a building,
a security fence, of approved design, of not less than eight feet,
and no greater than 10 feet, shall completely enclose the telecommunications
tower. A fence of not less than eight feet and no greater than 10
feet shall also completely enclose the anchored locations of guy wires,
if used. This fencing shall be designed to be compatible with surrounding
land uses.
(l)
Except when located on the roof of a building,
the applicant shall submit a landscaping plan. Sites in which telecommunications
towers are located shall be required to comply with the following
landscaping requirements:
[1]
Landscaping and planting of an approved design
shall be provided for a depth of 10 feet along all public rights-of-way
abutting the lot where the telecommunications tower is located. This
requirement may be waived by the Zoning Hearing Board, provided that
there is existing acceptable vegetation along the public rights-of-way
abutting the lot.
[2]
Landscaping, consisting of trees and shrubs,
shall be required at the perimeter of the security fences and the
telecommunications facility building. Evergreen trees of 10 feet height
at planting, and growth of a minimum of 50 feet at maturity, shall
be planted a maximum of 15 feet from each other around the perimeter
of the security fence. Areas between the trees shall be interspersed
with approved shrubbery planting of a height of not less than five
feet.
[3]
Landscaping, consisting of approved evergreen
trees of 10 feet height at planting, at a maximum of 15 feet from
each other, shall be required along all property lines abutting an
existing residence, school, park or church. This requirement may be
waived by the Zoning Hearing Board provided the abutting property
owner(s) submit in writing to the Borough that they are waiving their
right to this landscaping, or the Zoning Hearing Board may waive this
requirement if there is existing acceptable vegetation along the property
lines.
(m)
A minimum of two parking spaces shall be required. Spaces shall meet the applicable requirements of § 300-28 hereof.
(n)
Telecommunications towers shall be fully automated
and unattended on a daily basis. The site shall be visited only for
periodic maintenance.
(o)
The telecommunications facility buildings shall
be identified as accessory buildings, and the applicable regulations
for the host zoning district shall apply.
(p)
Guy wires, if utilized, must be anchored no
closer than 25 feet from any property line. Guy wires shall not cross
or encroach any overhead telephone or electric power lines.
(q)
Tower height shall be measured from the top
of the foundation to the top point of the tower or the top point of
the telecommunications antenna, whichever is higher.
(r)
Internal access to the telecommunications tower
shall be provided by a minimum twelve-foot-width cartway with a durable
and dustless surface, such as concrete or a bituminous concrete surface
for a minimum of 50 feet from any public or private street. The length
of the cartway beyond this 50 feet shall, at a minimum, be surfaced
with a durable and dustless gravel surface. The vehicular access to
the telecommunications tower and telecommunications facility building
shall, whenever feasible, be provided along existing circulation driveways.
(s)
Setbacks. Telecommunications towers shall be
required to be set back from adjacent property lines a minimum of
1.5 times the height of the telecommunications tower. Such distance
shall be measured in a straight line from the telecommunications tower
to the property line. This setback shall be increased if a zoning
district with a higher setback requirement abuts the property in which
the telecommunications tower is located. In that situation, the largest
setback requirement shall apply.
(t)
A telecommunications tower shall be no higher
than 175 feet, and shall be a monopole structure.
(u)
There shall be no more than one telecommunications
tower on one lot.
(2)
Conditions on the location and placement of telecommunications
antennas. Telecommunications antennas may be attached to any nonresidential
building or structure that is a permitted use in the district, including
but not limited to a church, a municipal or governmental building
or facility, a building owned by a utility, or a telecommunications
tower. Subdivision and land development review is not required by
the Planning Commission or the governing body for the location of
telecommunications antennas on a building. The following conditions
shall be met:
(a)
No more than one telecommunications antenna
may be attached to any nonresidential building as a permitted use.
A permit for one telecommunications antenna on one building may be
issued by the Zoning Officer after a review of the requirements stated
in this section.
(b)
The location of two or more telecommunications
antennas on any nonresidential building shall be considered as a special
exception. There shall be a minimum distance equal to the height of
the telecommunications antenna located on a nonresidential building
and the location of any additional telecommunications antennas.
(c)
The location of one or more telecommunications
antennas on any nonoccupied structure, such as a telecommunications
tower, a water tank, or an observation tower shall be considered as
a principal permitted use. Permit(s) for telecommunications antenna
on nonoccupied structures may be issued by the Zoning Officer after
a review of the requirements stated in this section. Subdivision and
land development review is not required by the Planning Commission
or the Borough Council for the location of telecommunications antenna
on a nonoccupied structure.
(d)
Height limits for telecommunications antennas:
not to exceed 20 feet above the structure or building on which it
is located.
(e)
The top point height of any telecommunications
antennas located on a telecommunications tower shall not exceed the
height requirements for telecommunications towers stated in this chapter.
(f)
Setback. Telecommunications antennas located
on buildings and structures shall be required to be set back from
all property lines a minimum of the front yard setback requirement
of the host district plus the height of the telecommunications antenna.
(3)
Telecommunications towers and telecommunications antennas
that are related to the operations of a principal use on the same
lot. The following regulations shall apply to telecommunications towers
and telecommunications antennas that are related to the operations
of a principal use in any zoning district:
(a)
No subdivision of land shall be required for
the placement of a telecommunications tower on any lot where the use
of that telecommunications tower relates to the operations of a principal
use on that lot.
(b)
Telecommunications antennas located on any building
or structure where the use of that telecommunications antenna relates
to the operations of a principal use on that building or structure
shall be considered as principal permitted uses in all zoning districts
where they are authorized, and shall not require site plan and land
development approval from the governing body.
(4)
Exclusion of residential television and radio antennas
from height regulations. The height regulations prescribed herein
shall not apply to residential TV and radio antennas.
(5)
TV satellite dish antennas and other antennas.
(a)
Purpose. The following regulations governing antennas are designed to protect the aesthetic environment of the vicinity where they are to be located as well as to protect the public health, safety and welfare. The provisions of this Subsection E(5) shall not apply to TV satellite dish antennas and other antennas having a diameter of 36 inches or less.
(c)
Allowed locations. In C Districts and M Districts they shall be allowed only in rear yards; provided, however, that they may be located in front yards or side yards if they are effectively screened from public view and from the view of adjacent properties. In R Districts they shall be limited to the rear yard. If the applicant adequately documents that reception is infeasible in the rear yard they may be located in any side yard. If, however, reception is infeasible in either of these areas, they may be located in the front yard or on the roof of the building to which they are appurtenant. If they are to be located in the front yard or on the roof of the building, a special satellite reception permit shall be required as specified in Subsection E(5)(b) hereof.
(d)
Size and height. In C Districts and M Districts,
there shall be no restrictions regarding their size or height. In
all R Districts, however, except as otherwise provided herein, they
shall not exceed a diameter of 12 feet or a height of 15 feet. However,
where such height and/or size restrictions preclude the feasibility
of reception, these dimensions may be exceeded, but a special satellite
reception permit shall be required.
(e)
Additional requirements.
[1]
Except in a C District or M District, satellite
television antennas shall be located and designed (to the extent reasonably
feasible) to reduce visual impact on surrounding properties.
[2]
Antennas shall meet all manufacturers' specifications,
be of noncombustible and corrosive-resistant material, and be erected
in a secure, wind-resistant manner.
[3]
Every antenna must be adequately grounded for
protection against a direct strike of lightning.
[4]
Every antenna shall be effectively screened
from the adjoining premises and/or public right-of-way.
F.
Signs. Signs may be erected, reconstructed and maintained
only when in compliance with the following provisions and the Building
Code[1] of the Borough of Moosic:
(1)
Signs in residential, PDZ, and C-N districts. The
following types of nonilluminated, nonadvertising signs are permitted
in all residential, PDZ and C-N districts as follows:
(a)
Nameplates and identification signs.
[1]
Signs indicating the name or address of the
occupant, or a permitted home occupation, provided that they shall
not be larger than two square feet in area. Only one such sign per
dwelling unit shall be permitted except in the case of corner lots
where two such signs (one facing each street) shall be permitted for
each dwelling unit.
[2]
For buildings other than dwellings a single
identification sign not exceeding six square feet in area and indicating
only the name and address of the building and the name of the management
may be displayed, provided that on a corner lot two such signs (one
facing each street) shall be permitted.
(b)
Sale or rental signs. Signs advertising the
sale or rental of the premises upon which they are erected by the
owner or broker or any other person interested in the sale or rental
of such premises, and signs bearing the word "sold" or "rented" with
the name of persons effecting the sale or rental may be erected or
maintained, provided:
(c)
Institutional signs. Signs of schools, colleges,
churches, hospitals, sanatoria, or other institutions of a similar
public or semipublic nature may be erected and maintained, provided:
(d)
Signs accessory to parking areas. Signs designating
entrances or exits to or from a parking area and limited to one sign
for each such exit or entrance and to a maximum size of two square
feet each shall be permitted for each direction of traffic flow. One
sign per parking area designating the conditions of use and identity
of such parking area and limited to a maximum size of nine square
feet shall be permitted, provided that on a corner lot two such signs
shall be permitted, one facing each street.
(e)
Development signs. Signs advertising the sale
or development of the premises upon which they are erected, when erected
in connection with the development of the premises by a builder, contractor,
developer, or other persons interested in such sale or development,
may be erected and maintained, provided:
[1]
The size of any sign is not in excess of 20
square feet;
[2]
Not more than two signs are placed upon any
property, unless such property fronts upon more than one street, in
which event two such signs may be erected on such frontage; and
[3]
Any such signs except signs identifying the
development shall be removed by the developer within 30 days of the
final sale of property.
(f)
Directional signs. Signs indicating the location
and direction of premises available for or in process of development,
but not erected upon such premises, and having inscribed thereon the
name of the owner, developer, builder, or agent, may be erected and
maintained, provided:
(g)
Artisans' signs. Signs of mechanics, painters,
and other artisans may be erected and maintained during the period
such persons are performing work on the premises on which such signs
are erected, provided:
(h)
Private driveways. Signs indicating the private
nature of a driveway, or trespassing sign, provided that the size
of any such sign shall not exceed two square feet.
(i)
Height and projection of signs. No sign in an
R District shall project into the public way or project higher than
one story or 20 feet, whichever is lower.
(2)
Signs in C and M Districts. On-premises business signs
shall be permitted as follows:
(a)
Size of signs.
[1]
Detached. No detached sign shall have a gross
surface of more than 100 square feet for each lot, but may contain
identification signs for all of the businesses on the lot or parcel.
[2]
Attached. No attached sign shall have a gross
surface area in excess of 20% of the building side on which it is
attached.
[3]
Display windows. Signs within display windows
shall not be considered a part of the permitted sign area unless the
signs are self-illuminating, in which case the area shall be considered
part of the permitted sign area.
(b)
Location of signs. In any C-1 District, all
signs shall be securely attached to a building. Freestanding signs
shall be permitted in C-2 and M Districts only, provided that no such
sign shall be nearer to any property line than the height of such
sign, but in no case less than 20 feet.
(c)
Illumination of signs. Flashing signs are prohibited.
Revolving illuminated signs shall be considered as a special exception
permitted in M Districts, provided that such signs shall not create
any traffic hazard, or abut or face any residential property or any
residential zone lot. Stationary illuminated signs are permitted in
C or M Districts only.
(d)
Portable signs. Portable signs other than temporary
artisans' signs, including signs on a mobile stand, are prohibited;
provided, however, that portable signs shall be permitted only on
a temporary basis, for a period of not more than two months; provided,
however, that no such sign shall exceed an area of 35 square feet.
(e)
Permitted residential signs. Any sign permitted
in a residential district shall also be permitted in commercial and
manufacturing districts.
(f)
Attached signs. Each business may have one identification
sign on the premises of the business, provided that such sign is attached
to the wall of the building to which the sign is accessory.
(3)
Outdoor advertising. Outdoor advertisements (off-premises
billboards) are only permitted as special exceptions in M Zones only.
(a)
No outdoor advertisement shall be permitted
within 200 feet of any residential district, nor facing any public
or parochial school, library, church, hospital or similar institutional
use, if closer than 200 feet.
(b)
No two outdoor advertisements shall be located
closer to one another than 2,000 feet. Double outdoor advertising
signs shall be treated as a single sign regarding this restriction
governing the minimum distance between signs.
(c)
Outdoor advertisements shall conform with all
yard spaces required for the district in which they are located; provided,
however, that no outdoor advertising sign shall be nearer to any property
line than the height of such sign, but in no case less than 25 feet.
(d)
The total surface area of any outdoor advertisements,
exclusive of structural supports, and trim, shall not exceed, in square
feet, four times the frontage of the lot or tract on which it or they
stand, nor shall any individual outdoor advertisement exceed 672 square
feet if the entire sign or structure will be within 250 feet of an
interstate highway or an expressway; otherwise, the maximum area of
such signs shall be 300 square feet.
(e)
Such signs shall not be illuminated in a manner
which will create a traffic hazard nor shall it abut or face a residential
property or a residential zone lot.
(f)
The maximum height of any outdoor, off-premises
sign shall be 35 feet above the level of the roadway directly below
where the sign is located.
(g)
All outdoor advertising signs shall be monopole
construction.
(4)
General regulations. The following regulations shall
apply to all permitted signs:
(a)
Maintenance. Signs shall be constructed of durable
materials, maintained in good condition and not allowed to become
dilapidated.
(b)
Wall signs. Display signs placed against the
exterior walls of buildings or structures shall not extend more than
two feet out from the wall surface. Wall signs exceeding 40 square
feet in area shall be of noncombustible material.
(c)
Projecting signs. Attached signs shall not project
from any building more than three feet in the direction of a public
street or public walkway area nor shall any such sign extend over
a public street or walkway area. A clear space of not less than 10
feet shall be provided below all parts of projecting signs. Projecting
signs exceeding 40 square feet in area shall be made of noncombustible
material.
(d)
Height of signs. No sign except a freestanding
sign shall be higher than the building on which such sign is located,
nor shall any sign be located upon the roof of any building; provided,
however, that a business sign may be affixed to a parapet. No freestanding
sign shall extend more than 35 feet above the mean ground level where
it is located.
(e)
Permits (building) for signs. Building permits shall be required for all signs except temporary political signs, signs provided for in Subsection G(1) and other accessory residential signs. For signs in the interest of the public information and convenience, the Zoning Officer, upon approval by the Zoning Hearing Board, may issue a temporary permit for a period to be designated by the said Board. Such temporary signs shall be removed by the property owner at the termination of any permit for the erection thereof.
G.
Temporary uses.
(1)
Temporary tract office, tract sign, model home.
(a)
Such temporary use in any district shall be
located on the property to which it is appurtenant and it shall be
limited to a six-month period at the expiration of which time the
applicant may request a further extension of time. Otherwise such
temporary use shall be removed at the expense of the owner.
(b)
Such temporary tract office may also be conducted
in a building in a housing development as a real estate office for
said development.
(2)
Other temporary uses.
(a)
Types of other temporary uses. Temporary uses, other than "sidewalk sales" and those specified in Subsection G(1) hereof, shall be permitted only as special exceptions and may include such uses as a circus, carnival, bazaar, concert, and other special exhibits, as well as the removal of culm banks and other waste deposits.
(b)
Time limitation on permits. Except for tract
offices, tract signs, model homes, and the removal of culm banks and
other waste deposits, no temporary permits shall be issued for a period
of more than 30 consecutive days. For events of one- to two-day duration,
the permit shall be limited accordingly. Such limitation shall not,
however, preclude the applicant from securing temporary permit renewals
not to exceed a period of 30 days covered by any such temporary permit.
Application shall be filed with the Borough Council not less than
one month prior to the regular meeting of the Borough Council at which
approval shall be considered.
(c)
Condition of site of temporary event. Upon the
termination of the temporary event, the applicant shall restore the
site to its original condition with 24 hours of termination.
(d)
Other conditions.
[1]
The applicant shall provide the Borough Council
with evidence of adequate liability insurance in an amount to be determined
by the Borough on a case-by-case basis, as well as evidence of adequate
resources to assure the safety of the participants and the surrounding
area.
[2]
Provide bathroom facilities.
[3]
Provide a site plan showing location of structure(s),
parking layout, and ingress and egress.
[4]
Provide one or more container(s) adequate for
trash removal.
(e)
Any use which involves a structure such as a
temporary tent shall conform with all other Borough codes and ordinances,
such as applicable BOCA codes.
(f)
Temporary uses which involve a structure on
a fixed site shall provide evidence of a highway occupancy permit
for any site located on a state highway.
(g)
Additional requirements. The Borough Council
may establish additional requirements related to the terms and conditions,
and the duration of each such temporary use on a case-by-case basis
as needed to protect the public health, safety and welfare.
H.
Floodplain Conservation District.
(1)
Declaration of specific intent. The intent of this Subsection H is to:
(a)
Promote the general health, welfare, and safety
of the community;
(b)
Reduce financial burdens imposed on the community,
its governmental units and its individuals by preventing excessive
development in areas subject to periodic flooding;
(c)
Minimize danger to public health by protecting
water supply and natural drainage; and
(d)
Promote responsible floodproofing measures within
the Floodplain Conservation District.
(2)
FLOODPLAIN
FLOODWATER OF THE ONE-HUNDRED-YEAR FREQUENCY
FLOODWAY
SUBSTANTIAL IMPROVEMENT
Special definitions. As used herein, the following
terms shall have the meanings indicated:
The waters of a flood that, on the average, is likely to
occur once every 100 years (i.e., that has a one-percent chance of
occurring each year).
The designated area of a floodplain required to carry and
discharge floodwaters of a given magnitude.
Any repair, reconstruction or improvement of a structure,
the cost of which equals or exceeds 50% of the actual cash value of
the structure before the improvement is started.
(3)
Establishment of the Floodplain Conservation District.
The Floodplain Conservation District shall be deemed an overlay. This
district shall include all areas subject to inundation by floodwaters
of the one-hundred-year frequency. The source of this delineation
shall be the one-hundred-year floodplain map, prepared by the Federal
Insurance Administration as administered by the Department of Housing
and Urban Development.
(4)
Change in the Floodplain Conservation District. The
delineation of the Floodplain Conservation District boundaries may
be revised and modified by the Planning Commission where they are
changed through natural or other causes, or where changes can be validated
by further detailed engineering studies employing on-site survey techniques
as approved or recommended by the Federal Insurance Administration
as administered by the Department of Housing and Urban Development.
(5)
Permitted uses and activities.
(a)
In the Floodplain Conservation District, the
development and/or use of any land shall be permitted provided that
the development, substantial improvement and/or use adheres to all
the requirements of the underlying zone. In addition, all development
or substantial improvement in this district shall adhere to the floodproofing
provisions stipulated in the BOCA Basic Building Code of 1970, as
amended.
(b)
In the floodway, no modification, alteration,
repair, or new construction of buildings, structures, fill or any
combination of these shall be permitted which would impair its ability
to carry and discharge floodwaters or increase the water surface elevation
of the one-hundred-year flood more than one foot, except where the
effect on flood heights is fully offset by stream improvements. The
"floodway" shall be that area delineated in the one-hundred-year floodplain
map prepared by the U.S. Army Corps of Engineers.
(6)
Uses by special exception. In addition, the following
uses may be permitted in the Floodplain Conservation District as a
special exception when authority by the Zoning Hearing Board is given
and after review by the Planning Commission:
(a)
Dams, culverts and bridges approved by the Commonwealth
of Pennsylvania, Department of Environmental Protection.
(b)
Impoundment basins.
(c)
Storm sewers. However, flap gates shall be provided
on all stormwater outfalls where an area or portion thereof is susceptible
to backflooding.
(d)
Other uses similar to the above, provided the
effect is not to alter substantially the cross-sectional profile of
the stream basin at the point of the proposed construction or use.
(7)
Special regulations.
(a)
In case of any dispute concerning the boundaries
of a Floodplain Conservation District, an initial determination shall
be made by the Zoning Officer.
(b)
Any party aggrieved by a decision of the Zoning
Officer as to the boundaries of the Floodplain Conservation District,
which may include the grounds that the said data referred to therein
is or has become incorrect because of changes due to natural or other
causes, may appeal to the Zoning Hearing Board. The burden of proof
in such appeal shall be on the appellant.
(c)
The Floodplain Conservation District shall be deemed an overlay on any zoning district now or hereafter applicable to any lot. Should the Floodplain Conservation District be declared inapplicable to any tract by reason of action by the Moosic Borough Council in amending this, and/or the Zoning Hearing Board, or any court of competent jurisdiction in determining the legal effect of the same, the zoning applicable to such lot shall be deemed to be the district in which it is located without consideration of this Subsection H.
(8)
Municipal liability. The grant of a zoning permit
or approval of a subdivision plan in the Floodplain Conservation District
shall not constitute a representation, guarantee, or warranty of any
kind by the municipality or by any official or employee thereof of
the practicability or safety of the proposed use, and shall create
no liability upon the municipality, its officials or employees.
I.
Race tracks.
(1)
All tracks for motor-driven vehicles, including automobiles,
go-carts, motorcycles, motor-scooters, dune buggies and the like,
shall be located a minimum of 1/2 mile from any residential district.
(2)
The Board shall consider the noise factor, and require
noise deadening devices, or other means, to prevent the noise from
becoming objectionable to surrounding areas.
[Added 6-6-2006 by Ord. No. 10-2006]
Nurseries or greenhouses if located in a C-1
Zone shall be subject to the following additional regulation:
A.
That the above use of a nursery or greenhouse in a
C-1 Zone shall be conducted so as to prevent the release of noxious
or malodorous fumes or odors from the premises.
B.
That location, design and operation of such facility
shall not adversely affect the character of the surrounding residential
area, if any.
C.
Adequate fencing and/or barriers shall be installed on the property to prevent the view of the operation of the business from the surrounding area as provided in § 300-19.
D.
That the use is so designed, located and proposed
to be operated that the public health, safety, welfare and convenience
will be protected.
E.
That the use will not cause substantial harm or injury
to the value of other property in the neighborhood where it is to
be located.
F.
That adequate off-street parking and loading is provided
and ingress and egress is so designed as to cause minimum interference
with traffic on abutting streets.
[Added 10-14-2008 by Ord. No. 14-2008]
A.
APPLICANT
HUB HEIGHT
NONPARTICIPATING LANDOWNER
TURBINE HEIGHT
WIND ENERGY FACILITY
WIND TURBINE
WIND TURBINE ACCESSORY
WIND TURBINE HEIGHT
Definitions. As used in this section, the following
terms shall have the meanings indicated:
The person or entity filing an application under this section.
The distance measured from the surface of the tower foundation
to the height of the wind turbine hub to which the blade is attached.
Any landowner except those on whose property all or a portion
of a wind energy facility is located pursuant to an agreement with
the facility owner or operator.
The distance measured from the surface of the tower foundation
to the highest point of the turbine rotor plane.
A facility where one or more wind turbines are located and
are used for the generation of electricity which is used on site for
commercial purposes or which is sold on the open market, or to an
off-site facility or consumer, or which is used to generate electricity
for a residential structure containing three or more residential units.
A wind turbine accessory to a principal residential structure containing
less than three residential units which is sized and intended to be
used to generate electricity solely for the principal structure to
which it is accessory shall not be considered a wind energy facility.
A wind energy conversion system that converts wind energy
into electricity through the use of wind turbine generator and includes
the nacelle, rotor, tower and pad transformer, if any.
A wind turbine that serves as an accessory source of energy
to a principal use. Not more than one wind turbine shall be permitted
as an accessory wind turbine on any property.
The vertical distance measured from the base of the support
structure at grade to the highest point of the structure, including
blades. If the support structure is on a sloped grade, then the average
between the highest and lowest grades shall be used in calculating
the height.
B.
Permitted locations; applicability of other requirements;
underground placement of power lines.
(1)
A wind energy facility shall be permitted only
in the C/N Zones as a conditional use.
(2)
In addition to the requirements of this section,
a wind energy facility shall be subject to all other applicable local,
state and federal requirements.
(3)
A wind turbine accessory to a principal residential
structure containing less than three residential units which is sized
and intended to be used to generate electricity solely for the principal
structure to which it is accessory shall be permitted in all zones
as a special exception on a parcel of not less than one acre.
(4)
On-site transmission and power lines between
wind turbines shall, to the maximum extent possible, be place underground.
C.
Building permit required; procedure; fees; temporary
permit.
(1)
Permits; approvals. A building permit shall
be required for every wind energy facility and each individual wind
turbine installed at any location in the Borough. In addition, a wind
energy facility and individual wind turbines (including any accessory
structures thereto), except for a wind turbine accessory to a principal
residential structure containing less than three residential units,
must receive land development plan approval in accordance with the
Borough's Subdivision and Land Development Ordinance[1] (SALDO) from the Borough's Planning Commission prior to
the start of any site work related to said wind energy facility or
wind turbine.
(2)
Procedure; public hearing. In accordance with
the procedures of conditional uses as provided within the Borough's
Zoning Ordinance, the Council of the Borough of Moosic shall refer
all applications for wind energy facilities or wind turbines serving
nonresidential structures or residential structures containing three
or more residential units to the Borough Planning Commission for its
review and comment and shall conduct a public hearing pursuant to
public notice within 45 days after the submission of a formal, complete
application, including such technical information from the applicant
as may be required by this section. A wind turbine accessory to a
principal residential structure containing less that three residential
units which is sized and which is intended to be used to generate
electricity solely for the principal structure to which it is accessory
shall be reviewed and acted upon the Borough's Zoning Hearing Board
in accordance with the procedures for special exceptions as provided
within the Borough's Zoning Ordinance.
(a)
Any conditional use granted by the Council of
the Borough of Moosic shall be subject to the applicant receiving
the required land development plan approval from the Moosic Borough
Planning Commission.
(b)
The hearing notice shall indicate that the application
may be examined and that further information is available at the Borough
Secretary's office during regular business hours.
(3)
Planning Commission Review. Planning Commission
comments, if any, shall be provided to the Borough Council and Zoning
Hearing Board, as applicable, within 30 days of the Commission's receipt
of the application in regards to the applicant's request for the conditional
use or special exception. Continued review and action by the Planning
Commission shall proceed in accordance with the procedures provided
within the Borough's Subdivision and Land Development Ordinance[2] in regards to the required land development plan approval
for any wind energy facility or wind turbines serving nonresidential
structures or residential structures containing three or more residential
units.
(4)
Application fees; review fees. The applicant
shall pay the application fee for wind energy facility and each wind
turbine as established by resolution of the Borough Council. In addition,
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. If
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.
(5)
Temporary permit for site evaluation. The Borough
may issue a temporary permit for the erection of a tower and necessary
equipment on a site to determine if it has adequate wind for cost-effective
wind energy facility development. The requirements of this section
shall apply to such structures; however, the Borough Council or Zoning
Hearing Board, as applicable, may waive those requirements which are
not applicable to the temporary facility or which are not necessary
to protect the public health, safety and welfare.
D.
Site plan; information requirements; notice; consent.
(1)
Land development and site plan. A full site
plan shall be required for all wind energy facility sites and wind
turbine sites showing all information required to determine compliance
with this section. A wind energy facility and/or wind turbines and/or
the construction of any equipment building or other roofed structure,
with the exception of a wind turbine accessory to a principal residential
structure containing less than three residential units, shall be considered
a land development subject to the Borough's Subdivision and Land Development
Ordinance.[3]
(2)
Information requirements. For any proposed wind energy facility and wind turbines, in addition to the information required by other Borough ordinances, including but not limited to the Moosic Borough Subdivision and Land Development Ordinance, the following minimum information shall be provided. Items in Subsection D(2)(j) through (n) shall be included in a report prepared by a registered professional engineer or other professional deemed qualified by the Borough. The Borough of Moosic shall require any additional information deemed necessary to determine compliance with this section.
(a)
Name and address of the property owner and the
applicant.
(b)
Address, lot and block and/or parcel number
of the property.
(c)
Name and address of person preparing the plan.
(d)
Size of the property and the location of all
lot lines.
(e)
Approximate location of nearest residential
structure.
(f)
Approximate location of nearest occupied structure.
(g)
Location of all structures on the property which
is the subject of the application.
(h)
Location, size and height of all proposed and
existing antennas and all appurtenant structures on the property.
(i)
Type, size and location of all proposed landscaping
and fences.
(j)
A report by a Pennsylvania registered and licensed
professional engineer documenting compliance with applicable structural
standards and describing the general structural capacity of any proposed
installation.
(k)
The number and type of wind turbines and other
structures proposed.
(l)
A description of the proposed wind turbines
and all related fixtures, structures, appurtenances and apparatus,
including height above grade, materials, color and lighting.
(m)
A description of the noise generated by the
wind turbines.
(n)
The make, model and manufacturer of any proposed
wind turbines.
(o)
A visual analysis of the wind energy facility
as seen from public viewing points in the Borough.
(p)
Wind speed maps.
(q)
Maps of migratory bird routes.
(r)
Information on the bat population in the area.
(s)
Generator capacity of the turbines.
(3)
Existing and planned facilities. The applicant
shall provide details about the location, height and operational characteristics
of all existing facilities of the applicant in and immediately adjacent
to the Borough. The applicant shall also provide a five-year plan
for the provision of additional facilities in and immediately adjacent
to the Borough showing proposed general location or areas in which
additional facilities are planned. Subsequent application shall confirm
or modify the facility service plan, so that the Borough will be kept
up-to-date on future activities.
(4)
Operational compliance. Within 90 days of operating
any wind energy facility, the owner or operator shall submit to the
Borough a written certification by a Pennsylvania registered and licensed
professional that the wind energy facility complies with this section
and all other applicable government regulations.
(5)
Change in ownership/operation. If the name or
address of the owner or operator of the wind energy facility is changed,
The Borough shall be notified of the change within 90 days.
(6)
Associated uses. All other uses ancillary to
the wind energy facility (including a business office, maintenance
depot, vehicle storage, etc.) are prohibited from the wind energy
facility site, unless otherwise permitted by Borough ordinances. 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 energy facility.
E.
Requirements applicable to a wind energy facility
and wind turbines.
(1)
Location requirement and number. The applicant
shall demonstrate to the satisfaction of the Borough, using technological
evidence, that the wind energy facility and wind turbines must be
located where and in the number of individual turbines proposed in
order to function to industry standards.
(2)
Wind turbine height design.
(a)
Minimum height. The applicant shall demonstrate
that the wind turbines are constructed to a height no greater than
the minimum required to function to industry standards. A wind energy
facility shall comply with any applicable airport hazard zoning ordinance.
(b)
Blade height. The minimum height between any
wind turbine blade and the ground shall not be less than 30 feet.
(c)
Visual impact. The applicant shall provide to
the Borough graphic information that accurately portrays the visual
impact of the proposed wind energy facility and individual wind turbines
from various vantage points selected by the Borough, such as, but
not limited to, key roads and recreation areas. This graphic information
may be provided in the form of photographs or computer-generated images
with the wind turbines superimposed, as may be required by the Borough.
The Borough may require the applicant to conduct a balloon test to
confirm the visual impact. The Borough may require specific colors,
consistent with applicable federal regulations, to ensure that the
wind energy facility is compatible with the surrounding landscape.
(d)
Controls and braking. A wind energy facilities
shall be equipped with a redundant braking system. This includes both
aerodynamic overspeed controls (including variable pitch, tip, and
similar systems) and mechanical brakes. Mechanical brakes shall be
operated in a fail-safe mode. Stall regulations shall not be considered
a sufficient braking system for overspeed protection.
(f)
Noise and shadow flicker.
[1]
Audible sound from a wind energy facility or a wind turbine shall not exceed 55 decibles, as measured at any property line on the lot or parcel on which it is located. Minimum standards for measurement shall be this measurement location is based on the requirements of § 300-33B of this chapter. Also, please refer to § 300-34C of this chapter. The proposed ordinance should not permit sound levels above those noted in § 300-34C for any octave band that requires less than the 55 decibles.
[2]
The facility owner and operator
shall make reasonable efforts to minimize shadow flicker to any occupied
building on a nonparticipating landowner's property.
(g)
Signal interference. The applicant shall make
reasonable efforts to avoid any disruption or loss of radio, telephone,
television, or similar signals and shall mitigate any harm caused
by the wind energy facility.
(h)
Structure safety. The applicant shall demonstrate
that the proposed wind turbines 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 wind turbines shall be fitted with anticlimbing devices, as approved
by manufacturers. The applicant shall submit certification from a
Pennsylvania registered professional engineer that all wind turbines
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 energy facility shall provide a certification from a Pennsylvania
registered professional engineer that the wind energy facility and
all structures comply with all applicable regulations.
F.
Setbacks. The following minimum setbacks shall apply.
(1)
Separate parcel. If the parcel on which the
wind energy facility will be located is a separate and distinct parcel,
the required minimum lot size shall apply, and in all cases, the lot
shall be of such size that all required setbacks are satisfied.
(2)
Lease, license or easement. If the land on which
a wind energy facility will be located is leased, or is used by license
or easement, the setback for any wind turbine, 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 wind turbine, including the blades, shall be located
closer to any property line (not lease, license or easement line)
than its height plus 30 feet.
(3)
Setbacks from occupied buildings.
(a)
Wind turbines shall be set back from the nearest
occupied building a distance not less than the normal setback requirement
of the zone where it is located or 1.1 times the turbine height, whichever
is greater. The setback distance shall be measured from the center
of the wind turbine base to the nearest point on the foundation of
the occupied building.
(b)
Wind turbines shall be set back from any building,
existing prior to the erection of the wind turbine, located on a nonparticipating
landowner's property a distance of not less than five times the hub
height, as measured from the center of the wind turbine base to the
nearest point on the foundation of the occupied building.
G.
Setbacks from existing structures of nonparticipating
landowners. No wind turbine shall be located less than 1,000 feet
from any principal residential structure located on a nonparticipating
landowner's property and existing prior to the erection of the wind
turbine as measured from the center of the wind turbine base to the
nearest point on the foundation of the principal residential structure.
H.
Setbacks from property lines. All wind turbines shall
be set back from the nearest property line a distance of not less
than the normal setback requirement of the zone where it is located
or 1.1 times the turbine height, whichever is greater, as measured
to the center of the wind turbine base.
I.
Access; travel route; parking. Access to the wind
energy facility shall be provided by means of a public street or easement
to a public street. All access easements shall be a minimum of 20
feet in width and shall be improved to a width of at least 10 feet
with a durable, dust-free, all-weather surface. No access easement
shall exceed a grade of 15%.
(1)
The applicant shall provide a route of travel
plan detailing which roads through the Borough will be used to access
the wind energy facility during construction and for any maintenance
activities requiring the use of heavy trucks.
(2)
Parking. If the wind energy facility site is
fully automated, adequate parking shall be required for maintenance
workers. If the site is not automated, the number of required parking
spaces shall be equal to the number of people on the largest shift.
(3)
Wind energy facility as second principal use.
A wind energy facility shall be permitted on a property with an existing
use subject to the following standards:
(a)
The minimum lot area, minimum setbacks and maximum
height required by this section for the wind energy facility 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.
(b)
The vehicular access to the wind energy facility
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 filed of record
or other legal interest for the land for the proposed facility and
that vehicular access is provided to the facility.
J.
Licenses; other regulations. The applicant shall demonstrate
that the required permits and licenses from the Federal Energy Regulatory
Commission, the Pennsylvania Department of Environmental Protection,
the Pennsylvania Public Utility Commission, and other agencies have
been obtained. The applicant shall also document compliance with all
applicable state and federal regulations by providing to the Borough
with copies of all required documents, studies and responses (e.g.,
National Environmental Policy Act, Pennsylvania Natural Diversity
Index submission, Pennsylvania Historical and Museum compliance.)
K.
Insurance. For a wind energy facility, the applicant
shall submit a certificate of insurance evidencing general liability
coverage in the minimum amount of $2,000,000 per occurrence and property
damage coverage in the minimum amount of $2,000,000 per occurrence
covering the wind energy facility and all its facilities. The applicant
shall provide the Borough with proof of annual renewal prior to expiration.
L.
Discontinued use. If the use of any wind energy facility
and/or wind turbine is discontinued, the owner or operator or then
owner of the land on which the wind energy facility and/or wind turbine
is located shall be required to remove the same within 90 days from
the abandonment of use. Failure to do so shall authorize the Borough
to remove the facility, including foundations, to a minimum of four
feet below grade and assess the cost of removal to the foregoing parties.
In addition, at the time of permit issuance for any wind energy facility,
the Borough shall require a financial guarantee, in a term, form and
amount determined by the Borough Council with the advice of its solicitor,
to guarantee the removal of the wind energy facility and/or wind turbine.
If such guarantee is inadequate, the Borough shall be authorized to
use all means provided by law, including a municipal lien, to recover
all costs of removal.
M.
Vibration. No vibration associated with the operation of the wind energy facility shall be permitted which is detectable without instruments at or beyond the property line, and no use shall generate any vibration which is capable of causing damage to buildings, structures, equipment alignment, or structural soundness. In addition to the requirements noted in this Subsection, a wind energy facility or wind turbine shall not permit vibration levels above those noted in § 300-34D, measured at the property line.
N.
Signs; lighting; FAA and PA DOT notice.
(1)
No signs or lights shall be mounted on any wind
turbine except as may be required by this section, the Federal Aviation
Administration, or other governmental agency which has jurisdiction.
(2)
No wind turbine shall be artificially lighted,
except as required by the Federal Aviation Administration or for security
purposes approved as part of the zoning permit. No approved security
light source shall be exposed to the eye except those covered by globes
or diffusers so that the lights are fully shielded to project the
light below the horizontal plane of the lowest point of the fixture.
Other lighting shall be indirect or surrounded by a shade to hide
visibility of the light source. No direct or sky-reflected glare,
whether from overhead lighting or floodlights, shall be permitted.
(3)
The applicant shall provide a copy of the response
to notice of proposed construction or alteration forms submitted to
the FAA and PA DOT Bureau of Aviation, and, the wind energy facility
and support structure shall comply with all FAA and PA DOT requirements.
O.
Fencing. A fence shall be required around each wind
turbine support structure and other equipment unless the applicant
documents to the satisfaction of the Borough Council that the structures
will otherwise be secured from public access. If required, the fence
shall be a minimum of eight feet in height adequate to provide the
required security and subject to approval by the Borough Council.
P.
Landscaping.
(1)
Existing vegetation on and around the site shall
be preserved to the greatest extent possible.
(2)
Landscaping installation and maintenance may
be required to screen as much of the wind turbines as possible, the
fence surrounding the support structure, any other ground-level features
(such as a building), and, in general, buffer the wind turbines and
other structures from neighboring properties and the sight lines from
the prominent locations.
(3)
The Borough Council or the Zoning Hearing Board,
as applicable, may permit any combination of existing vegetation,
topography, walls, decorative fences or other features instead of
landscaping, if they achieve the same degree of screening as the required
landscaping.
(4)
Soil erosion and sedimentation control; stormwater
management. All earth disturbance shall comply with the soil erosion
and sedimentation control requirements of the Lackawanna County Conservation
District and the Pennsylvania Department of Environmental Protection,
and no approval shall be granted under this section until the applicant
provides a copy of the approved soil erosion and sedimentation control
plan and any required permits. A stormwater control plan and stormwater
management facilities shall be provided in accord with the Borough's
stormwater management requirements.[4]
Q.
Fire control plan. For a wind energy facility, the
applicant shall provide a fire control plan, including details about
any fire-suppression system proposed for any wind turbine or structure.
The plan shall be provided to the applicable fire company for review
and comment.
R.
Maintenance; identification; notice of problems. Wind
energy facility maintenance and continued compliance with this section
shall be monitored by the Borough Zoning Officer. There shall be affixed
to the wind turbine or security fence in an accessible, visible place
the name and mailing address of the owner(s) and a twenty-four-hour
emergency telephone number. This information shall be kept current
by the owner(s). The Zoning Officer shall inform the owner(s) of any
safety problems, maintenance problems or any matter relative to the
wind energy facility in accordance with the enforcement requirements
of this section, sent to the posted address. If the problem outlined
in the letter from the Zoning Officer is not resolved within 30 days
of receipt of notice or within such other period as allowed in writing
by the Enforcement Officer, this shall constitute a violation of the
section. An unresolved violation shall constitute grounds for revoking
the wind turbine permit.
S.
Mitigation plan. For a wind energy facility, the applicant
shall provide, for approval of the Borough, a plan for how complaints
about noise, communications interference and vibration will be addressed
by the operator of the wind energy facility.
