Borough of Monaca, PA Article IX Criteria for Conditional Uses, and Uses by Special Exception

[Amended 9-28-2010 by Ord. No. 918]

§ 245-60 General standards and criteria.

The following are hereby established as the standards and criteria governing the allowance of conditional uses and special exceptions hereinbefore authorized and such variances as the Zoning Hearing Board may permit from the literal enforcement of this chapter.

A. No use or structure shall be allowed which shall violate the spirit and intent of the community development goals and objectives of this chapter.

B. The use or structure shall not involve any element or cause any conditions that may be dangerous, injurious or noxious to any other property or persons and shall comply with the performance standards hereinafter set forth.

C. The use or structure shall be sited, oriented and landscaped to produce an aesthetically compatible or architecturally harmonious relationship of buildings or grounds to adjacent buildings and properties.

D. The use or structure shall produce a total visual impression and environment which is consistent with the environment of the neighborhood.

E. The use or structure shall have no adverse substantial impact on neighboring uses nor cause a reduction of the property values thereof.

F. The use or structure shall be substantially conforming to the surrounding uses of property.

G. The use or structure shall avoid and/or satisfy every reasonable consideration made for the safety and convenience of the traveling public, including without limitation safe ingress and egress and the avoidance of hazard and congestion to travel and transportation. To effectuate this standard, the Borough Council, in granting allowance of any use or structure thereunder, may impose upon the applicant and/or developer the cost and expense of off-site improvements, including without limitation traffic signals, streetlighting, road widening, other street and highway improvements and stormwater drainage.

H. The use or structure shall avoid and/or satisfy every reasonable consideration made for the health and safety of the general public, including without limitation safe water supply, sanitary sewage collection and treatment facilities and storm drainage facilities.

§ 245-61 Standards for specific uses.

In addition to the general standards and criteria for all uses by special exception and conditional uses listed in § 245-60 above, an application for any of the following uses that are listed in any zoning district as a use by special exception or conditional use shall comply with the applicable standards and criteria specified below for that use.

A. Adult business, subject to:

(1) Adult businesses may be established only in the G-I General Industrial District.

(2) Persons or owners who intend to open an adult business must obtain from Monaca Borough a license to operate such an enterprise and must pay an investigation fee of $500 to Monaca Borough. In addition, such persons or owners must supply to the Borough detailed information as to the ownership and financing as required on the licensing application form. This form may be obtained at the office of the Borough Manager.

(3) No adult business shall be located within 500 feet of a property boundary line of an existing school, hospital, day-care center, nursing home, group care facility, personal care boarding home, public park, church, an establishment which is licensed to and does sell alcoholic beverages or another adult business.

(4) No adult business shall be located within 500 feet of a property boundary line of a preexisting residence.

(5) An adult business shall be initially licensed, where it has met all chapter requirements, through December 31 of the year in which the license is issued. For each year thereafter that the adult business intends to continue as an adult business, it shall seek renewal of this license from the office of the Manager of Monaca Borough. The application for renewal is due in the Manager's office no later than November 1 of the year preceding the year for which the license renewal is sought. The lack of a license or the failure to seek license renewal on a timely basis shall be a proper basis for the Borough to deny or revoke an occupancy permit to an adult business.

(6) Any adult business found to be in violation of the Monaca Borough Zoning Chapter, as amended, shall be subject to the enforcement penalties provided for in the Monaca Borough Zoning Chapter and/or the Municipalities Planning Code (Act 247, as amended).[1]

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

(7) Any adult business which exhibits on the premises film, videocassette or other method of image production which depicts nudity or sexual conduct, as defined herein, shall comply with the following:

(a) At least one employee shall be on duty at all times that any patron is on the premises.

(b) Where viewing rooms are located on the premises, an unobstructed view of access to all such rooms shall be available to the employee on duty.

(c) No viewing room shall be occupied by more than one person at any time.

(d) No connections or openings to adjoining viewing rooms shall be permitted.

(8) A minimum of one footcandle of illumination measured at floor level shall be provided in every area where patrons are permitted access.

(9) Where live performances are given, separate stage and viewing areas shall be provided with separate access to each and no connecting access between the areas.

(10) Alcoholic beverages shall not be permitted on the premises of an adult business.

(11) Off-street parking shall be provided in accordance with the requirements of Article V.

(12) An annual occupancy permit issued by the Zoning Officer shall be secured prior to the operation of any adult business.

B. Apartment in combination with business, subject to:

(1) Dwelling units shall be located on the second floor or, if located on the first floor, shall be in a separate unit from the business or professional office or retail store.

(2) Dwelling units shall have a minimum habitable floor area of 500 square feet.

(3) Dwelling units in basements or accessory garages shall not be permitted.

(4) Each dwelling unit shall have a separate entrance that does not require passing through any area devoted to office or retail use.

(5) Off-street parking shall be provided in accordance with the requirements of Article V.

C. Bed-and-breakfast, subject to:

(1) The operator of the bed-and-breakfast shall be a full-time resident of the dwelling in which the bed-and-breakfast is located.

(2) No meals, other than breakfast, shall be served on the premises. Food may be prepared on the premises for consumption off the premises by overnight guests. Food shall not be served to any customers who are not overnight guests.

(3) The maximum length of stay for any guest shall be 14 days in any calendar year.

(4) One identification sign shall be permitted. Such sign may either be attached to the wall of the building or may be freestanding in the front yard, provided the surface area of the sign shall not exceed six square feet. The height of the freestanding sign shall not exceed four feet and the freestanding sign shall be located at least five feet from any property line.

(5) The identification sign shall contain no information other than one or more of the following items:

(a) The street address.

(b) The name of the establishment.

(c) The name of the proprietor.

(d) A small logo or other decorative symbol.

(6) Off-street parking shall be provided in accordance with the requirements of Article V.

(7) Off-street parking shall be screened from any adjacent lot that contains a single-family dwelling by a six-foot-high compact evergreen hedge.

D. Boat launch ramps, subject to:

(1) Safe access shall be provided from a public street.

(2) Adequate area shall be provided for vehicles and trailers to turn around to back onto the ramp.

(3) The ramp shall be improved for safe all-weather use.

(4) No parking of boats, trailers or vehicles shall be permitted within a radius of 100 feet of the boat ramp.

(5) Safety regulations governing the use of the boat ramp shall be posted at the entrance to the boat ramp.

(6) The ramp and its immediate area shall be illuminated after dusk.

E. Communications tower, subject to:

(1) The applicant shall demonstrate that it is licensed by the Federal Communications Commission (FCC) to operate a communications tower.

(2) Any applicant proposing a new freestanding communications tower shall demonstrate that a good faith effort has been made to obtain permission to mount the antenna on an existing building or other structure or an existing communications tower. A good faith effort shall require that all owners within a one-quarter-mile radius of the proposed site be contacted and that one or more of the following reasons for not selecting an alternative existing building or communications tower or other structure apply:

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

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

(c) Existing buildings, communications towers or other structures do not have adequate space to accommodate the proposed equipment.

(d) Addition of the proposed equipment would result in NIER (non-ionizing electromagnetic radiation) levels that exceed any adopted local, state or federal emission standards.

(3) The applicant shall demonstrate that the proposed communications tower and the electromagnetic fields associated with the antennas proposed to be mounted thereon comply with safety standards now or hereafter established by the Federal Communications Commission (FCC).

(4) The applicant for the communications tower shall demonstrate compliance with all applicable Federal Aviation Administration (FAA) and any applicable airport zoning regulations.

(5) In the PAW and S-C Districts, the maximum height of a communications tower shall be 100 feet. In the RBP and G-I Districts, the maximum height of a communications tower shall be 250 feet.

(6) The applicant shall demonstrate that the proposed height of the communications tower is the minimum height necessary to function effectively.

(7) Tower height shall be measured from the ground level to the top point of the tower or top point of the highest communications antenna, whichever is higher.

(8) Any freestanding tower that is higher than 50 feet and is within 100 feet of a public street or a dwelling unit shall be surrounded by evergreen screening or preserved woods meeting the requirements of the landscaping requirements of the Borough's Subdivision Ordinance.[2]

[2] Editor's Note: See Ch. 210, Subdivision and Land Development.

(9) The setback from all property lines (excluding lease lines) required for the communications tower shall be 100% of the height of the tower.

(10) Communications towers shall be set back from all overhead electrical transmission or other aboveground lines a distance equal to the height of the tower.

(11) The communications tower shall be designed and constructed to all applicable standards of the American National Standards Institute, ANSI/EIA-222-Manual, as amended.

(12) A soils 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 of the communications tower and anchors for the guy wires, if used. The soils report shall be signed and sealed by an engineer registered in the Commonwealth of Pennsylvania.

(13) The communications tower and all appurtenances, including guy wires, if any, and the equipment cabinet or equipment building shall be enclosed by a minimum eight-foot-high chain link security fence with locking gate.

(14) The applicant shall submit evidence that the communications tower and its method of installation has been designed by a registered engineer and is certified by that registered engineer to be structurally sound and able to withstand wind and other loads in accordance with the Uniform Construction Code (UCC)[3] and accepted engineering practices.

[3] Editor's Note: See Ch. 107, Construction Codes, Uniform.

(15) Equipment cabinets and equipment buildings shall comply with the height and yard requirements of the zoning district for accessory structures. Setbacks for these structures shall be measured from the lease lines.

(16) Access shall be provided to the communications tower and equipment cabinet or equipment building by means of a public street or right-of-way to a public street. The right-of-way shall be a minimum of 20 feet in width and shall be improved with a dust-free, all-weather surface for its entire length.

(17) Adequate area shall be provided on the site to accommodate a vehicle used for periodic visits by maintenance workers.

(18) The owner of the communications tower shall be responsible for maintaining the parcel on which the tower is located, as well as the means of access to the tower, including clearing and cutting of vegetation, snow removal and maintenance of the access driveway surface.

(19) The owner of any communications tower that exceeds 50 feet in height shall submit to the Borough proof of an annual inspection conducted by a structural engineer at the owner's expense and an updated tower maintenance program based on the results of the inspection. Any structural faults shall be corrected immediately and reinspected and certified to the Borough by a structural engineer at the owner's expense.

(20) The owner of the communications tower shall notify the Borough immediately upon cessation or abandonment of the operation. The owner of the communications tower shall enter into an agreement with the Borough guaranteeing that the tower shall be dismantled and removed within six months of the cessation of operations, if there is no intention to continue operations evidenced by the lack of an application to the Borough to install antennas on the existing tower. If the owner of the communications tower fails to remove the tower, then the landowner shall be responsible for its immediate removal. Failure to remove an abandoned communications tower shall be subject to the enforcement provisions of § 245-84 of this chapter.

(21) All tower structures shall be fitted with anticlimbing devices as approved by the manufacturer for the type of installation proposed.

(22) All antennas and tower structures shall be subject to all applicable Federal Aviation Administration (FAA) and airport zoning regulations.

(23) No antenna or tower structure shall be illuminated, except as may be required by the Federal Aviation Administration (FAA) or the Federal Communications Commission (FCC).

(24) No sign or other structure shall be mounted on the tower structure, except as may be required or approved by the FCC, FAA or other governmental agency.

(25) The exterior finish of the tower shall be compatible with the immediate surroundings. The tower, the equipment cabinet or equipment building and the immediate surroundings shall be properly maintained.

F. Comparable uses not specifically listed, subject to:

(1) Uses of the same general character as any of the uses authorized as permitted uses by right, uses by special exception or conditional uses in the zoning district in which the property is located shall be allowed, if the Zoning Hearing Board determines that the impact of the proposed use on the environment and adjacent streets and properties is equal to or less than any comparable use specifically listed in the zoning district. In making such determination, the Zoning Hearing Board shall consider the following characteristics of the proposed use:

(a) The number of employees;

(b) The floor area of the building or gross area of the lot devoted to the proposed use;

(c) The type of products, materials and equipment and/or processes involved in the proposed use;

(d) The magnitude of walk-in trade;

(e) Hours of operation;

(f) The traffic and environmental impacts and the ability of the proposed use to comply with the performance standards of § 245-62 of this chapter; and

(g) For those uses included in the most recent edition of the Standard Industrial Classification Manual published by the Office of Management and Budget, whether the proposed use shares the same SIC Code or Major Group number as one or more uses that are specifically listed in the zoning district.

(2) The proposed use shall comply with all applicable area and bulk regulations of the zoning district in which it is located.

(3) The proposed use shall comply with any applicable express standards and criteria specified in this article for the most nearly comparable use by special exception or conditional use listed in the zoning district in which the comparable use is proposed.

(4) The proposed use shall comply with the off-street parking requirements of Article V for the most nearly comparable use by special exception or conditional use listed in the zoning district in which the comparable use is proposed.

(5) The proposed use shall be consistent with the purpose statement for the zoning district in which it is proposed and shall be consistent with the community development objectives of this chapter.

G. Conditional uses in the RBP District. All conditional uses authorized in the RBP District shall comply with the following standards:

(1) Uses shall take advantage of the waterfront setting by relating the development to the waterfront. Any structure in excess of 40 feet in height or any use that does not relate to the waterfront shall be located well back from the shoreline to minimize adverse visual impacts.

(2) Building sites that abut the riverfront shall be preserved for either residential structures that are more than 40 feet in height or water-dependent uses (i.e., those that rely on direct access to the water in order to function). Typical water-dependent uses include boat launch ramps, marinas, barge transfer operations and ship or barge repair.

(3) Non-water-dependent uses (i.e., warehouse, distribution, office, commercial, etc.) shall be at inland building sites. Commercial uses shall remain incidental to other uses within the district.

(4) One building may contain more than one use, provided that the total building coverage of the combined use does not exceed the maximum building coverage specified for the district.

(5) Material or equipment stored outside shall be screened from view in accordance with the requirements of § 245-39.

(6) All portions of the property not utilized by buildings or paved surfaces shall be landscaped utilizing combinations such as landscaped fencing, shrubbery, lawn area, ground cover, rock formations, contours, existing foliage and the planting of conifers and/or deciduous trees native to the area in order to either maintain or reestablish the tone of the vegetation in the area and lessen the visual impact of the structures and paved areas.

(7) All side and rear property lines that separate residential uses from nonresidential uses within the RBP District shall be screened by a landscaped area that is at least 15 feet in depth as measured from the property line comprised of the following plant materials for every 100 lineal feet of property line: two evergreen trees, two ornamental trees, two canopy trees and 12 shrubs.

(8) Exterior appearance. All buildings shall be compatibly designed, whether constructed all at one time or in stages over a period of time. All building walls facing any street, the Ohio River or an "R" Residential District boundary shall be suitably finished for aesthetic purposes which shall not include unpainted or painted cinder block or concrete block walls.

(9) Finished grades of parking areas should be not less than 1% nor more than 5%. Landscaping shall be introduced to parking areas to eliminate unbroken expanses of hard surfaces.

H. Conversion apartments.

(1) The maximum number of dwelling units permitted in any single-family dwelling after conversion shall be limited to two dwelling units in the R-2 District and shall be limited to four dwelling units in the R-3 District.

(2) Each dwelling unit, after conversion, shall contain within the unit a complete kitchen, toilet and bathing facility. Shared facilities shall not be permitted.

(3) The area of the lot upon which the conversion is located shall contain at least 3,500 square feet for each dwelling unit after conversion.

(4) Each dwelling unit shall have a minimum habitable floor area according to the following table:

(a) One bedroom: 500 square feet.

(b) Two bedrooms: 650 square feet.

(c) Three bedrooms: 800 square feet.

(d) Each additional bedroom, den or recreation room: 150 additional square feet.

(5) No efficiency dwelling units shall be permitted.

(6) All units shall comply with all applicable requirements of the Uniform Construction Code (UCC)[4] for the proposed occupancy.

[4] Editor's Note: See Ch. 107, Construction Codes, Uniform.

(7) The appearance of a single-family dwelling unit shall be maintained for the converted structure.

(8) Conversion of detached garages or other accessory structures to dwelling units shall not be permitted.

(9) Necessary changes in the number or placement of windows to provide adequate light and air may be allowed, but shall be minimized; any changes proposed shall be of a manner consistent with the architectural character of the dwelling.

(10) Off-street parking shall be provided in accordance with the requirements of Article V.

(11) Except for parking in driveways, no parking spaces shall be located in the front yard. Parking areas shall be designed so that each vehicle has access to the street without the necessity of moving another vehicle.

(12) All newly constructed parking spaces shall be set back a minimum of five feet from all property lines.

(13) Except for driveway and walkway accesses, buffering shall be placed around off-street parking areas which contain three or more spaces. Plant material or fences shall be used. Material used in screen plantings shall be multistemmed evergreen species and shall be at least three feet in height when planted. The plant material shall produce a visual screen of at least four feet in height within two years. Fences shall be four feet to five feet in height and shall provide a visual screen.

(14) Garage and refuse pickup and other utility areas shall be provided and shall be located so as not to detract from the aesthetic character of the neighborhood and shall be enclosed and shielded from view by fencing, walls or shrubbery. Planted material or fences shall meet the standards for buffering of parking areas specified above.

(15) Certification of adequate sewer and water services shall be provided by the applicant.

(16) Basement or cellar dwelling units shall be permitted only if all exterior walls of the dwelling unit are at least four feet above the average finished grade level of the adjoining ground.

(17) The requirements for building coverage and the minimum front, side and rear yards for the dwelling shall be met.

(18) Fire and safety provisions shall be certified to be adequate with respect to the Borough Fire Code (see Chapter 127) and Housing Code (see Chapter 92).

I. Conversion of surplus school space, subject to:

(1) In addition to the authorized uses in the zoning district in which the property is located, any surplus school space located in an R-1, R-2 or R-3 Zoning District may be converted to one or more of the following uses:

(a) Day-care center.

(b) Personal care boarding home, subject to § 245-61N.

(c) Nursing home, subject to § 245-61S.

(d) Garden apartments, subject to § 245-61M.

(e) Business or professional offices.

(2) No existing school building shall be enlarged or expanded; however, alterations or improvements to the existing building to enclose stairwells or otherwise comply with the requirements of the Uniform Construction Code (UCC)[5] shall be permitted.

[5] Editor's Note: See Ch. 107, Construction Codes, Uniform.

(3) No significant external structural changes shall be permitted, other than replacement of windows, doors and roofs to make the structure more energy efficient or to modify the architectural style to increase the residential appearance of the building.

(4) All alterations or improvements to the existing building shall comply with the yard and other applicable area and bulk regulations of the zoning district in which it is located.

(5) Maximum dwelling unit density for garden apartments shall be 12 units per acre.

(6) Off-street parking shall be provided in accordance with the requirements of Article V. Parking areas located along any property line that adjoins a lot containing a single-family dwelling shall be screened by a minimum six-foot-high compact evergreen hedge or fence.

(7) The Borough may require a traffic study be prepared by a licensed professional engineer with experience in traffic engineering. The traffic study shall be submitted with the application for approval of the use by special exception, if the proposed use generates more than 300 average vehicle trips on a weekday according to the latest edition of the Trip Generation Manual of the Institute of Transportation Engineers (ITE). The traffic study shall address the following:

(a) Proposed changes in parking and traffic circulation on the site and into and out of the site;

(b) Proposed trip generation, parking and traffic circulation compared with those features of the school when it was operational;

(c) Comparative impact on the adjacent streets and surrounding neighborhood of the proposed use and the former school use; and

(d) Proposals to mitigate any negative impacts on adjacent streets and the surrounding neighborhood.

(8) Any exterior lighting proposed for the building or parking area shall be of low intensity and shall be shielded so that the source of the lighting is not visible from the street or adjoining properties. The maximum intensity measured on the ground or surface of the parking area shall be two footcandles. Flood lighting or similar lighting shall not be permitted. Spillover lighting shall not exceed 0.5 footcandle at the property line.

(9) One nonilluminated ground sign shall be permitted at the entrance to the site. The maximum surface area of the sign shall be 24 square feet. The maximum height of the top of the sign shall be six feet. The sign shall not obstruct visibility for traffic entering or leaving the site or any adjacent property. No portion of the sign shall be closer than 10 feet to any property line or public street right-of-way.

J. Duplexes in the R-2 District, subject to:

(1) The minimum lot area required to construct a duplex shall be 3,500 square feet per dwelling unit. Duplexes created by conversion of an existing single-family dwelling shall be subject to § 245-61H.

(2) All other area and bulk regulations of the R-2 District shall apply.

(3) Each dwelling unit shall have a minimum habitable floor area according to the following table:

(a) One bedroom: 500 square feet.

(b) Two bedroom: 650 square feet.

(c) Three bedrooms: 800 square feet.

(d) Each additional bedroom, den or recreation room: 150 additional square feet.

(4) Efficiency dwelling units shall not be permitted.

(5) Certification of adequate water and sewer services shall be provided by the applicant.

(6) Each dwelling unit shall contain within the unit a complete kitchen and toilet and bathing facility. Shared facilities shall not be permitted.

(7) All units shall comply with all applicable requirements of the Uniform Construction Code (UCC)[6] for the proposed occupancy.

[6] Editor's Note: See Ch. 107, Construction Codes, Uniform.

(8) Off-street parking shall be provided in accordance with the requirements of Article V.

K. Family day care home, subject to:

(1) All of the applicable criteria for a home occupation specified in § 245-61O shall be met.

(2) Evidence shall be submitted that all applicable requirements of the Pennsylvania Department of Public Welfare have been met and continuing compliance shall be maintained.

(3) An adequate and safe off-street area shall be provided for dropping off and picking up children which is large enough to accommodate three cars at one time.

(4) An outdoor play area shall be provided and shall be secured by a fence with self-latching gate. The outdoor play area shall have a minimum area of 100 square feet per child and shall be located to the rear or side of the dwelling.

(5) The outdoor play area shall be screened from adjoining residential properties by a minimum four-foot-high compact, dense evergreen hedge or opaque fence.

(6) A maximum of two nonresident employees shall be permitted.

(7) Off-street parking shall be provided in accordance with the requirements of Article V.

L. Funeral home, subject to:

(1) The minimum lot area shall be 7,500 square feet.

(2) All off-street parking areas that adjoin property in an R-1, R-2 or R-3 Zoning District shall be screened by a six-foot-high dense, compact evergreen hedge.

(3) Off-street parking shall be provided in accordance with the requirements of Article V.

(4) Traffic circulation on the lot shall be designed to minimize congestion and provide for the lining up of vehicles on the property without obstructing the free flow of traffic on adjoining streets.

(5) The funeral home shall be operated by a funeral director licensed by the State Board of Funeral Directors signed by the Commissioner of Professional and Occupational Affairs and registered with the Bureau of Vital Statistics.

(6) The funeral home may include a crematorium as an accessory use, provided the applicable regulations of the Commonwealth of Pennsylvania and Federal Air Quality Standards are met.

M. Garden apartments, mid-rise apartments and townhouses in the R-3 District, subject to:

(1) The minimum lot area required for townhouses shall be 3,000 square feet per dwelling unit.

(2) The minimum lot required for garden apartments and mid-rise apartments shall be 2,500 square feet per dwelling unit.

(3) All other area and bulk regulations of the R-3 District shall be met.

(4) Where two or more buildings are proposed on one lot, the minimum distance between buildings shall be 20 feet.

(5) All parking areas adjacent to a lot containing a single-family dwelling shall be screened by a minimum six-foot-high compact, evergreen hedge, solid masonry wall or solid fence.

(6) All portions of the property not covered by buildings, driveways, parking, swimming pools, shelters, gazebos or other paved areas shall be suitably landscaped with grass, ground cover and decorative shrubs or trees.

(7) The design and orientation of the buildings on the property shall take into account compatibility with and the visual impact on adjacent single-family dwellings.

(8) On lots containing more than 50 dwelling units, indoor or outdoor recreational facilities appropriate to the needs of the prospective residents shall be provided subject to approval by Borough Council.

(9) Off-street parking shall be provided in accordance with the requirements of Article V.

N. Group care facility, personal care boarding home or transitional dwelling, subject to:

(1) In the R-2 and R-3 Districts, the minimum area and bulk regulations for a personal care boarding home shall be the same as those required for single-family dwellings in each district. In the C-C Core Commercial District, the area and bulk regulations applicable to all uses in the C-C District shall apply to a personal care boarding home.

(2) In the R-2 and R-3 Districts, the maximum number of residents housed in a personal care boarding home shall be 10.

(3) In the MUT Mixed Use Transitional District, the minimum area and bulk regulations for a group care facility or transitional dwelling shall be the same as those required for a single-family dwelling in the MUT District.

(4) In the R-2 and R-3 Districts, no personal care boarding home shall be located within 500 feet of another existing or proposed personal care boarding home.

(5) Adequate provisions shall be made for access by emergency medical and fire-fighting vehicles.

(6) Off-street parking shall be provided in accordance with the requirements of Article V.

(7) Twenty-four-hour supervision shall be provided by staff qualified by the sponsoring agency.

(8) Adequate open space opportunities for recreation shall be provided on the lot for the residents consistent with their needs and the area shall be secured by a fence with self-latching gate.

(9) If occupants are under supervision by a Court of Law, the supervisory staff shall provide notice to the Borough Police Department in the event that any occupant is absent from the premises without permission for a period longer than one hour.

(10) The administrator of the facility shall file an emergency management plan, including planned response to fire, security and medical emergencies with the Police Department, the Emergency Medical Service and the responding fire companies.

(11) Where applicable, licensing or certification by the sponsoring agency shall be prerequisite to obtaining a certificate of occupancy and a copy of the annual report with evidence of continuing certification shall be submitted to the Zoning Officer in January of each year.

O. Home occupation, subject to:

(1) A home occupation shall be conducted completely indoors and may be within a principal or accessory building.

(2) The total amount of floor area of all buildings used for a home occupation shall not be greater than 25% of the total floor area of the principal dwelling unit.

(3) No changes shall be made to alter the residential character of the exterior of the building.

(4) No signs, other than those authorized by § 245-23, shall be permitted on the lot.

(5) When kept on site, all commercial vehicles used in the conduct of the home occupation shall be kept within a completely enclosed building, as defined herein.

(6) No off-street parking provided for a home occupation shall be located within the front yard setback. All parking shall be a minimum of 10 feet from all property lines. Parking areas with three or more spaces shall be screened by a compact evergreen hedge or solid fence at least four feet in height.

(7) Exterior storage of equipment, materials, products or waste is prohibited.

(8) Home occupations shall not produce noise, vibration, glare, fumes, odors, dust or electrical interference with neighbors' radio and television receivers.

(9) The use shall not significantly intensify vehicular or pedestrian traffic beyond that which is normal for the residences in the neighborhood.

(10) There shall be no use of materials or equipment except that of similar power and type normally used in a residential dwelling for domestic or household purposes.

(11) The use shall not cause an increase in the use of water, sewage, electricity, garbage, public safety or any other municipal service beyond that which is normal for the residences in the neighborhood.

(12) There shall be no mass production of products that involves processing of raw materials on the premises of the home occupation. Assembly of products from finished materials may be accomplished on the premises.

(13) A limited number of samples of articles produced on the premises may be displayed for the purposes of accepting orders. Articles produced on the premises shall be displayed in quantity only off the premises at a retail outlet, consignment shop or product or craft show.

(14) There shall be no display on the premises of merchandise available for sale that has been produced off the premises; however, merchandise may be stored on the premises for delivery off the premises, such as Amway, Tupperware or similar products stored for distribution to customers or salespersons at their residence or place of business. In addition, small amounts of products may be sold as an accessory use to the principal use, such as the sale of beauty products accessory to a beauty shop and similar situations.

(15) A zoning permit issued by the Zoning Officer of Monaca Borough shall be required for all new accessory home occupations and for changes and expansions of accessory home occupations.

(16) Business or professional offices, when conducted as a home occupation, shall have no more than two nonresident employees. Business and professional office home occupations shall provide one off-street parking space for each nonresident employee, plus one additional space for each 200 square feet of office space, up to a maximum of six spaces.

(17) Personal services, when conducted as a home occupation, shall only be permitted in a single-family dwelling. Barbers and beauticians shall be limited to two customer chairs. Personal service home occupations shall provide one off-street parking space for each nonresident employee, plus one space for each 200 square feet of floor space, up to a maximum of four spaces.

(18) Instructional services include, but are not limited to, musical instruction and the tutoring of students. General instructional services may take place in any dwelling unit while musical instruction shall be limited to single-family dwellings. Instructional services are limited to four students at a time, and no nonresident employees shall be permitted. Instructional services shall provide one off-street parking space for each two students being instructed at any one time, up to a maximum of four spaces.

(19) Home craft businesses include, but are not limited to, artists, sculptors, dressmakers and furniture makers. Home craft businesses are only permitted in single-family dwellings and may employ one nonresident. All items sold from a home craft business shall be completely manufactured on site. Home craft businesses shall provide one off-street parking space for each 300 square feet of floor area, up to a maximum of four spaces.

(20) Contracting businesses, when conducted as a home occupation, shall not involve on-site assembling, manufacturing, processing or retail sales. Contracting businesses shall be permitted to park on site one truck or van (under 3/4 of a ton), provided it is kept within a completely enclosed building, as defined herein.

(21) Repair shops include, but are not limited to, the repair of small appliances, computers and electronic equipment. Repair shops shall not include the repair of automobiles, trucks and motorcycles. No nonresident employees shall be permitted at a repair service home occupation. Repair shops shall provide one off-street parking space for each 300 square feet of floor area used for the repair shop home occupation up to a maximum of four spaces.

(22) The following are examples of permitted home occupations, provided all of the foregoing criteria are met:

(a) Artist, photographer or handicrafts studio;

(b) Beauty or barber shop containing no more than two chairs;

(c) Catering off the premises;

(d) Computer programmer, data processor, writer;

(e) Consultant, clergy, counselor, bookkeeping, graphics or drafting services;

(f) Dressmaker, tailor;

(g) Business or professional offices that involve routine visitation by customers or clients;

(h) Housekeeping or custodial services;

(i) Interior designer;

(j) Jewelry and/or watch repair, not including wholesale or retail sales;

(k) Locksmith;

(l) Mail order business;

(m) Manufacturer's representative;

(n) Repair shop, as defined herein;

(o) Telemarketing;

(p) Travel agent;

(q) Tutoring or any other instruction to no more than four students at any one time;

(r) Word processing, typing, secretarial services.

(23) The following uses shall not be considered home occupations and shall be restricted to the zoning districts in which they are specifically authorized as permitted uses, uses by special exception or conditional uses, including, but not limited to:

(a) Beauty shops or barber shops containing more than two chairs;

(b) Contracting business;

(c) Contractor's yard;

(d) Funeral homes;

(e) Group care facility, personal care boarding home or transitional dwelling;

(f) Kennels;

(g) Landscaping contractor;

(h) Medical clinics, hospitals or nursing homes;

(i) Private clubs;

(j) Tutoring or any other instruction to more than four students at a time;

(k) Restaurants or tea rooms;

(l) Retail or wholesale sales, flea markets;

(m) Sale of guns, firearms and ammunition;

(n) Tanning or massage salon;

(o) Tourist or boarding home;

(p) Vehicle or equipment rental, repair or sales;

(q) Vehicle repair shops;

(r) Veterinary clinics.

(24) The acceptability of any proposed home occupation not specifically listed above shall be determined by the Zoning Hearing Board in accordance with the standards of this § 245-61O and the applicable criteria for comparable uses not specifically listed in § 245-61F.

P. Infill housing, subject to:

(1) Dwelling units authorized on lots proposed for infill housing may include any of the following dwelling types in any zoning district where infill housing is authorized: single-family dwelling, duplex or townhouse building containing no more than four dwelling units.

(2) In the R-2 District, the minimum lot area required for a single-family dwelling shall be 5,000 square feet. The minimum lot area required for a duplex shall be 3,500 square feet for each dwelling unit (that is 7,000 square feet for the duplex building). The minimum lot area required for townhouses shall be 3,000 square feet per dwelling unit (that is 9,000 square feet for a three-unit building or 12,000 square feet for a four-unit building).

(3) In the R-3 District, the minimum lot area required for a single-family dwelling shall be 4,000 square feet. The minimum lot area required for a duplex shall be 3,500 square feet for each dwelling unit (that is 7,000 square feet for the duplex building). The minimum lot area required for townhouses shall be 3,000 square feet per dwelling unit (that is 9,000 square feet for a three-unit building or 12,000 square feet for a four-unit building).

(4) The minimum front, side and rear yard requirements of the zoning district shall apply to dwellings constructed as infill housing.

(5) The design of the dwelling unit shall be compatible with the height, architectural style and building materials of existing dwelling units in the same block on the same side of the street.

(6) If possible, attached units shall be designed with varied orientation of front entryways and garage doors.

Q. Mini-warehouse or self-storage facility, subject to:

(1) Maximum building length shall be 250 feet. Maximum building height shall be 25 feet.

(2) The minimum distance between separate buildings shall be 20 feet.

(3) Trash, radioactive or highly toxic substances, garbage, refuse, explosives or flammable materials, hazardous substances, animal carcasses or skins or similar items shall not be stored.

(4) The interior traffic aisles, required off-street parking areas, loading areas and accessways shall be kept clear of stored items.

(5) Major body work on vehicles shall not be permitted. The use shall not include a commercial vehicle repair shop unless that use is permitted in the district and the use meets those requirements.

(6) Adequate lighting shall be provided for security, but it shall be directed away or shielded from any adjacent residential uses.

(7) All interior driveways shall be paved with an asphalt or similar surface sufficient for the loads the driveways are expected to bear.

(8) Off-street parking shall be provided in accordance with the requirements of Article V.

(9) A minimum six-foot-high compact evergreen hedge shall be provided along all property lines that adjoin property in an S-C, R-1, R-2 or R-3 District.

(10) The perimeter of the site shall be fenced with a minimum eight-foot-high fence with self-latching gate. The fence shall be supplemented with screening material that creates a visual barrier that is at least 80% opaque. Landscaping, if required by Subsection Q(9), above, shall be located outside the perimeter fence.

(11) Any areas of the use that are within 200 feet of the existing right-of-way of an expressway, arterial street or collector street shall be separated from that street by a buffer area with the screening required by the Subdivision and Land Development Ordinance of the Borough of Monaca.[7]

[7] Editor's Note: See Ch. 210, Subdivision and Land Development.

(12) No storage shall take place outside of an enclosed building except for recreational vehicles, as defined herein, that may be stored in an area that is completely enclosed by an eight-foot-high fence with self-locking gate.

(13) Storage units shall not be equipped with water or sanitary sewer service.

(14) No business activity shall be conducted inside any storage unit.

(15) Operations shall be regulated so that nuisances such as visual blight, glare, noise, blowing debris and dust shall not be created.

(16) Exterior finishes of the storage units shall be compatible with the character of development on adjoining properties.

(17) The design of the storage buildings shall be sealed by a Pennsylvania-registered architect.

(18) No sign shall be placed on the buildings or on their rooftops. The business identification sign shall comply with the requirements of § 245-23 for the zoning district in which the use is located.

(19) No hazardous materials or substances shall be permitted to be stored in the storage buildings other than those permitted by the Borough Fire Code. Both the landlord and the tenants of the storage buildings shall be responsible for the prevention of the storage of hazardous materials or substances in the storage buildings that would be beyond the allowance of the Borough Fire Code.[8]

[8] Editor's Note: See Ch. 127, Fire Prevention.

(20) A minimum of one fire hydrant shall be provided on the site subject to the approval of the number and location of hydrants by the Borough Fire Marshal. The facility shall comply with all local fire codes.

R. Mobile home park, subject to:

(1) The minimum site required for a mobile home park shall be three acres.

(2) Minimum lot area per dwelling unit shall be 4,500 square feet.

(3) Minimum lot width for a mobile home lot shall be 45 feet.

(4) Front, rear and side yard setbacks shall be a minimum of 10 feet.

(5) All mobile home parks shall have public water and sewerage systems.

(6) Off-street parking shall be provided in accordance with the requirements of Article V.

(7) Each park shall provide 8% of its gross site area for equipped recreational space. Streets, necessary driveways and off-street parking, perimeter buffers and the narrow turf of landscaped buffer areas normally surrounding each mobile home shall not be computed as part of the required recreational space.

(8) Buffering. Mobile homes, structures and storage areas in each park shall be located at least 25 feet from all exterior property and right-of-way lines. All perimeter buffer areas shall be planted and maintained with either grass or ground cover together with a screen of live shrubs or scattered planting of live trees, shrubs or other plants and which are of a type which may be expected to form a year-round screen at least six-feet high in three years.

(9) Enclosures or alterations other than unenclosed porches or patios shall not be permitted.

(10) Pavement widths shall be as follows:

(a) Streets with on-street parking, both sides: 36 feet minimum right-of-way and pavement.

(b) Streets with on-street parking on one side: 28 feet minimum right-of-way and pavement.

(c) One-way streets with on-street parking and serving less than 20 mobile homes: 20 feet minimum right-of-way and pavement.

(11) Mobile homes shall be constructed in accordance with safety and construction standards of the United States Department of Housing and Urban Development.

S. Nursing Home, subject to:

(1) The minimum lot area required shall be 10,000 square feet.

(2) Nursing homes shall have a bed capacity of at least 20 beds, but no more than 200 beds.

(3) The property shall be served by public water and public storm and sanitary sewers.

(4) The nursing home shall be licensed by the commonwealth.

(5) Water pressure and volume shall be adequate for fire protection.

(6) Ingress, egress and internal traffic circulation shall be designed to ensure access by emergency vehicles.

(7) Disposal of medical waste shall be in accordance with all applicable permits and handling requirements of the Pennsylvania Department of Environmental Protection (PADEP) and the U.S. Environmental Protection Agency (EPA).

(8) Parking areas adjoining a lot that contains a single-family dwelling shall be screened by a minimum six-foot-high compact evergreen hedge, solid masonry wall or solid fence.

(9) Off-street parking shall be provided in accordance with the provisions of Article V.

T. Off-site parking, subject to:

(1) The applicant shall demonstrate that all, or part, of the parking required for a proposed use or the expansion of an existing use cannot be met on the site of the use it is intended to serve because of the size of the lot, the location of existing structures or other physical limitations on the site.

(2) Off-site parking shall be located within 600 feet of the use it is intended to serve.

(3) If metered on-street parking spaces are located within 600 feet of the existing or proposed use, these on-street spaces may be used to satisfy up to 20% of the total number of off-site parking spaces required.

(4) Evidence shall be provided that the owner of the site where the use is located has ownership and control of the site proposed for off-site parking or has executed a long-term lease or other acceptable legal agreement to guarantee the maintenance and continued use of the off-site parking. Any covenant executed to guarantee the maintenance of off-site parking shall be recorded in the office of the Beaver County Recorder of Deeds.

(5) In the event that off-site parking is proposed in a public parking lot, an agreement with the parking authority shall be presented that indicates the number of spaces, the terms of the lease and a guarantee of annual renewal. Failure to maintain the agreement or provide alternate off-site spaces shall be a violation of this chapter and shall be subject to the enforcement provisions of § 245-84 of this chapter.

(6) If there is any on-site parking available for the use it shall be reserved for customers and visitors. Employee parking shall be located in the off-site parking area and shall not be permitted on site.

(7) The applicant shall demonstrate that safe pedestrian access exists between the off-site parking area and the use it is intended to serve.

(8) All property lines that adjoin property in an R-1, R-2 or R-3 District shall be screened by a minimum four-foot-high compact evergreen hedge, masonry wall or solid fence.

(9) If the site on which the principal use is located is sold, the site utilized for off-site parking accessory to that principal use shall be conveyed to the new owner. If the off-site parking is not owned by the owner of the principal use, any lease or other legal agreement for the off-site parking shall be assigned to the new owner of the principal use.

U. Outdoor sales in the C-C District, subject to:

(1) The outdoor sales area shall not occupy any existing parking spaces that are needed to meet the minimum number of parking spaces required for the principal use.

(2) The outdoor sales shall be accessory to the principal use on the property and/or shall be limited to the sale of any product that is authorized in the C-C District.

(3) Any products that are stored outside an enclosed building overnight shall be adequately secured and shall be screened from view from the public street and from any adjoining lot that contains a single-family dwelling by a minimum six-foot-high compact evergreen hedge, masonry wall or solid fence.

(4) The maximum height of any packaged products stored outside shall not exceed four feet.

V. Planned river-oriented development, subject to:

(1) The minimum site required to construct a planned river-oriented development that contains townhouses and/or garden apartments shall be 15,000 square feet. The minimum site required to construct a hotel or motel or mid-rise apartments and/or high-rise apartments shall be 40,000 square feet.

(2) If properties cannot be assembled to meet the minimum site required because of physical features or the location of existing nonresidential uses, Borough Council may waive the minimum site requirement, provided the reduced site is feasible for a reasonable development that meets all of the other criteria of this § 245-61V.

(3) Construction of the following new buildings shall be authorized in a planned river-oriented development:

(a) Garden apartments.

(b) High-rise apartments.

(c) Hotel or motel.

(d) Mid-rise apartments.

(e) Townhouses.

(4) If two or more lots are assembled to meet the minimum lot area required, the lots shall be consolidated into a single parcel for the purpose of the proposed development in accordance with the requirements of the Borough Subdivision and Land Development Ordinance.[9]

[9] Editor's Note: See Ch. 210, Subdivision and Land Development.

(5) The construction of a hotel or motel or a mid-rise apartment or high-rise apartment building shall be authorized only if the location of the proposed structure does not impede views of the river for the majority of the properties landward from the site of the proposed development.

(6) Construction on properties that abut the river shall be limited to three stories in height.

(7) Borough Council may authorize an increase in dwelling unit density in a planned river-oriented development on a site that abuts the river, if the dwelling units are designed to incorporate boat docks and/or all-weather boat storage.

(8) Borough Council may authorize increased height and/or increased dwelling unit density for any garden apartment, mid-rise apartment or high-rise apartment building that incorporates green building design features or that provides under-building parking.

(9) Borough Council may authorize increased building height and/or increased dwelling unit density for any planned river-oriented development that proposes common open space on the site and/or a pedestrian connection from the development to the Public Access Waterfront (PAW) District or directly to the river bank.

(10) Borough Council may authorize increased building height and/or increased dwelling unit density or a reduction in required setbacks, if off-street parking that meets or exceeds the requirements for the proposed uses is provided on the site of the planned river-oriented development.

(11) Hotels or motels and mid-rise apartment or high-rise apartment buildings may be constructed to the edge of the sidewalk. Garden apartment buildings and townhouses shall be set back from the edge of the sidewalk at least five feet.

(12) Hotels or motels and mid-rise apartment and high-rise apartment buildings shall be set back from any property line adjoining a lot containing a single-family dwelling or duplex at least 25 feet. This setback may be reduced to 10 feet if an alley or street separates the uses.

(13) Garden apartments and townhouses shall be set back from any property line adjoining a lot containing a single-family dwelling or duplex at least 15 feet. This setback shall not apply if an alley or street separates the uses.

(14) Parking spaces located along any property line that adjoins a lot containing a single-family dwelling or duplex shall be screened by a minimum six-foot-high compact evergreen hedge, masonry wall or solid fence.

(15) Areas of the lot not covered by buildings or paving shall be landscaped with grass, ground cover, perennials, shrubs and/or trees in accordance with a landscaping plan approved by Borough Council.

W. Reduction of off-street parking requirements, subject to:

(1) Any property that is located within 600 feet of a metered public parking lot or metered on-street parking space is eligible for a parking exemption for any use, other than dwelling units, authorized in the C-C District. The 600 feet shall be measured in a straight line along the public street right-of-way between the nearest corner of the intersection of the lot line with the right-of-way line and the nearest corner of the public parking lot or metered off-street parking space. For properties located within 600 feet of a metered public parking lot or on-street metered parking, up to 100% of the required parking may be exempted upon recommendation by the Planning Commission and authorization by Borough Council.

(2) In all other cases, the applicant shall prove that fewer parking spaces are needed. The applicant shall provide existing and projected employment, customer, resident or other relevant data. Such data may include a study of parking at similar developments during peak periods of use.

(3) Shared parking. Under this subsection, an applicant may seek to prove that parking permanently shared with another use or another lot with shared internal access will reduce the total amount of parking needed because the uses have different peak times of parking need or overlapping customers.

(4) Reservation of future parking areas. If a reduction is permitted under this subsection, Borough Council may require, as a condition of the approval, that the lot include the reservation, permanently or for a specified number of years, of areas for use if needed in the future for additional parking.

(a) Such reservation shall be provided in a legal form acceptable to the Borough Solicitor.

(b) In such case, the applicant shall be required to submit site plans to the Zoning Officer showing where and how the additional parking could be accomplished.

(c) Within one year of the issuance of a certificate of occupancy for the use, such additional parking shall be required to be provided by the owner of the lot after the Zoning Officer may determine, and notify such owner, that such parking has become needed to meet actual use. Such determination shall be based upon the Zoning Officer's on-site review on at least three different days.

X. Repair shop, subject to:

(1) Items brought for repair shall be of a size and weight that can be carried in by hand.

(2) All repairs shall be performed within a completely enclosed building, as defined herein.

(3) If any items are temporarily stored outside, they shall be limited to those items awaiting repair or pickup.

(4) If there is any outside storage, the outdoor storage area shall be secured to prevent public access and shall be screened from the public street or along any property line adjoining property in an R-1, R-2 or R-3 District by a minimum six-foot-high compact evergreen hedge, masonry wall or solid fence.

(5) Off-street parking shall be provided in accordance with the provisions of Article V.

Y. Riverfront sit-down restaurant, subject to:

(1) A sit-down restaurant, as defined herein, shall be located only in the area of the Planned River-Oriented Development (PROD) District that is bounded by the Ohio River and Atlantic Avenue between Fifth Street and the easterly boundary of the Second Ward.

(2) The minimum lot area required shall be 20,000 square feet.

(3) Off-street parking shall be provided in accordance with the requirements of Article V of this chapter, unless off-site parking located within 600 feet of the nearest lot line is approved pursuant to the requirements of § 245-61T of this chapter.

(4) The use shall not be eligible to apply for a reduction of off-street parking requirements in accordance with § 245-61W.

(5) If an outdoor cafe is proposed, the requirements of § 245-48 shall be met.

(6) The design of the building shall be oriented so that patrons may enjoy river views.

(7) Any property line adjoining a lot containing an existing single-family dwelling or duplex shall be screened by a minimum six-foot-high compact evergreen hedge, masonry wall or solid fence.

Z. River-oriented recreational uses in the PAW District, subject to:

(1) River-oriented recreational uses specifically authorized by § 245-16 in the Public Access Waterfront (PAW) District shall be subject to this § 245-61Z.

(2) Boat launch ramps shall be further subject to the criteria specified in § 245-61D.

(3) All uses shall be subject to the floodplain management regulations contained in Article VIII of this chapter.

(4) Buildings are generally discouraged to preserve habitat and protect the natural environment; however, buildings, if proposed, shall be limited to public restroom facilities and service/storage buildings in support of public parks and dockage areas.

(5) All buildings shall be unobtrusive and designed to blend harmoniously with the natural environment of the Borough's riverfront.

(6) Buildings located in the Public Access Waterfront (PAW) District shall be designed to take advantage of the waterfront setting by relating the development to the waterfront. Uses that do not relate to the waterfront shall be located well back from the shoreline to minimize adverse impacts.

(7) All buildings in the Public Access Waterfront (PAW) District shall be compatibly designed, whether constructed all at one time or in stages over a period of time. All building walls facing any street, R-1, R-2 or R-3 District boundary, residential use, pedestrian walkway or the riverfront shall be suitably finished using materials that preserve the aesthetics, but which shall not include unpainted or painted cinder block or concrete block walls.

(8) Roadways and walkways. Design and layout of walkways shall be sensitive to the natural qualities of the riverfront and shall emphasize pedestrian movements as the primary means of circulation along the water's edge. Grade separation shall be utilized wherever possible as a means of separating pedestrian movements, vehicular movements and private use activities. Paving materials shall be consistent throughout this district in order to achieve a degree of integration with adjacent development.

(9) Dockage areas. Noncommercial marinas (i.e., those without retail space, restaurant space, boat sales, boat service, boat storage, showroom facilities, etc.) are permitted. Design of the dockage areas shall provide public access to the riverfront while preserving the privacy of dockers. No outdoor storage of materials, supplies and equipment in unenclosed areas shall be permitted, nor shall boat owners be permitted to use parking areas for repair or maintenance purposes. Provisions shall be made for vehicular unloading areas in proximity to the dockage area. One transient dock space shall be provided for every 20 seasonal dock spaces.

(10) Service areas. Service access for dumpsters and trash removal facilities shall be screened from view by means of a fence and landscaping. There shall be at least one trash and garbage pickup location within the building or in an outside pickup location, which shall be a steel-like, totally enclosed container located in a manner to be obscured from view from parking areas, streets, the Ohio River and adjacent residential uses or R-1, R-2 or R-3 Districts by a fence, wall, planting or combination of the three. If located within the building, the doorway may serve both the loading and trash/garbage functions and, if located outside the building, it may be located adjacent to or within the general loading area, provided that the container in no way interferes with or restricts loading and unloading functions.

(11) Public water and public sewers shall serve the proposed use. Public restrooms shall be made available on the site, unless public restrooms are available on public property within 300 feet of the proposed use.

(12) Outdoor speakers shall not be permitted if there are single-family dwellings within 500 feet of the property boundaries in any direction, unless a noise attenuation plan is submitted, approved and carried out.

(13) Location of buildings and facilities, traffic circulation and parking areas shall be designed to provide adequate access for emergency medical vehicles and fire-fighting equipment.

(14) Any outdoor facility located within 200 feet of an existing dwelling shall cease operations at 11:00 p.m.

(15) Outdoor facilities shall be secured to prevent public access when the facility is not in use.

AA. Service station in the C-C District, subject to:

(1) No street entrance or exit for vehicles and no portion or equipment of such service station shall be located:

(a) Within 200 feet of a street entrance or exit of any school, park or playground conducted for and attended by children.

(b) Within 100 feet of any hospital, church or public library.

(c) Within 75 feet of a lot in any R-1, R-2 or R-3 District as established in this chapter.

(2) No equipment above the surface of the ground for the service of motor vehicles shall be closer than 30 feet to any property line. A minimum space of 25 feet shall exist between any two islands and between any island and the service station building.

(3) The width of any entrance driveway leading from the public street to such service station shall not exceed 30 feet at its intersection with the curbline or edge of pavement.

(4) No two driveways leading from a public street to such service station shall be within 15 feet of each other at their intersection with the curb or street line.

(5) Off-street parking shall be provided in accordance with the requirements of Article V.

(6) Parking and vehicle access shall be so arranged that there will be no need for the motorists to back over sidewalks or into streets.

(7) No junked motor vehicle or part thereof, no new or used cars offered for sale, no unregistered motor vehicle or not more than four motor vehicles incapable of normal operation on the highway shall be permitted outside a completely enclosed building, as defined herein, except that no more than six motor vehicles may be located outside a building for a period not to exceed five days for each vehicle, provided that the owners are awaiting the repair of the motor vehicle.

(8) The handling and disposal of motor oil, battery acid and any other substance regulated by federal statute and the Pennsylvania Department of Environmental Protection (PADEP) shall be in accordance with permits and requirements of that agency or its successor agency. Any suspension, revocation or violation of the Pennsylvania Department of Environmental Protection (PADEP) permits shall be a violation of this chapter and shall be subject to the enforcement provisions of § 245-84 of this chapter.

BB. Single-family dwelling in the S-C District, subject to:

(1) Public sewer facilities shall be available and shall be utilized.

(2) The minimum width at the building line shall be 100 feet. The minimum lot area shall be at least 20,000 square feet.

(3) The front yard minimum lot depth shall be 25 feet.

(4) The side yard total shall be 30 feet and the minimum width shall be 12 feet on one side.

(5) The rear yard minimum depth shall be 40 feet.

(6) Structures shall not exceed more than 2 1/2 stories in height or have a maximum depth of more than 35 feet.

(7) Maximum structure lot coverage shall not exceed 30% of the lot upon which it is situated.

(8) The dwelling must be located on level terrain. There shall be an area of level terrain equal to or greater than 80 feet deep by 80 feet wide for dwelling site location.

(9) Off-street parking shall be provided in accordance with the requirements of Article V.

CC. Single-family dwelling or duplex in the Planned River-Oriented Development (PROD) District Reconstructed after January 1, 2010, subject to:

(1) If a single-family dwelling or duplex existing on a lot in the PROD District on January 1, 2010, is partially or totally damaged or destroyed, the dwelling may be reconstructed on the location of the foundation of the previously existing structure.

(2) If any enlargement of the dwelling is proposed beyond the location of the foundation of the previously existing structure, the proposed enlargement shall comply with the area and bulk regulations of the PROD District for a single-family dwelling or duplex existing on January 1, 2010.

(3) If the lot on which the dwelling is located is a nonconforming lot of record, the provisions of § 245-30 shall apply.

DD. Street floor commercial uses in a planned river-oriented development, subject to:

(1) One or more of the following uses may be established on the street floor of a garden apartment, mid-rise apartment or high-rise apartment that is approved as part of a planned river-oriented development:

(a) Business or professional offices.

(b) Day-care center.

(c) Day spa.

(d) Delicatessen.

(e) Health club.

(2) The foregoing uses may have an entrance directly to the outside or may have an entrance from the lobby of the residential building.

(3) Each of the foregoing uses shall be permitted to have a wall sign or overhanging sign mounted on the building facade, or a window sign of the type authorized by § 245-23, provided the surface area of the sign shall not exceed 12 square feet.

(4) None of the foregoing uses shall be established on any floor of the residential building above the floor that has direct access to the sidewalk.

(5) Off-street parking shall be provided for the uses in accordance with the requirements of Article V, unless the site is eligible for a parking reduction in accordance with § 245-61W.

(6) Parking spaces located along any property line that adjoins a lot containing a single-family dwelling or duplex shall be screened by a minimum six-foot-high compact evergreen hedge, masonry wall or solid fence.

(7) Areas of the lot not covered by buildings or paving shall be landscaped with grass, ground cover, perennials, shrubs and/or trees in accordance with a landscaping plan approved by Borough Council.

EE. Temporary use or structure, subject to:

(1) Temporary uses such as festivals or fairs or other similar activities sponsored by a local nonprofit, community or charitable organization shall be exempt from obtaining approval from the Zoning Hearing Board, provided the Zoning Officer determines compliance with the standards of this § 245-61EE as a condition of issuing a certificate of occupancy.

(2) Sidewalk sales, carload sales and other special promotions conducted on the site of an existing retail establishment with the permission of the landowner for a period not exceeding 72 hours shall not be subject to the provisions of this § 245-61EE. Any such activity exceeding 72 hours in duration shall be subject to approval under this § 245-61EE.

(3) Seasonal outdoor cafes shall be exempt from these regulations provided all requirements of § 245-48 are met.

(4) A transient merchant license, if required by Borough ordinance, shall be obtained.

(5) The proposed temporary use or structure shall be limited to those uses or structures authorized in the zoning district where it is proposed.

(6) Approval for temporary uses or structures shall be granted for a specific time period not to exceed six months. If the Zoning Hearing Board determines that there will be a continued need for the temporary use or structure on an annual basis, the Board may authorize annual renewal of the permit for the temporary use or structure by the Zoning Officer, provided all conditions of the original approval are maintained.

(7) All temporary uses or structures shall be removed within 10 days of the expiration of the specific period for which the structure or use is approved.

(8) All temporary uses or structures that are proposed to be accessible to the public shall provide parking in accordance with the requirements of Article V for the proposed use.

(9) Vehicular access for all temporary uses or structures that are proposed to be accessible to the public shall be designed to minimize congestion on the site and not impede the free flow of traffic for any other permanent use or structure on the site.

(10) All temporary uses or structures proposed to be used as principal uses or structures shall comply with all applicable area and bulk regulations for principal structures in the zoning district in which they are located.

(11) All temporary uses or structures that are proposed to be used as accessory uses or structures shall comply with the requirements of the zoning district for accessory structures.

(12) Temporary uses or structures that are proposed as principal uses or structures and that are accessible to the public shall provide sanitary facilities, unless such facilities already exist on the site.

FF. Vehicle accessories sales and installation, subject to:

(1) All installation shall be performed within a completely enclosed building, as defined herein.

(2) The area used for display of merchandise offered for sale and the area used for parking of customer and employee vehicles shall be continuously paved and maintained in either concrete over a base of crushed stone compacted to not less than six inches in depth or other surfacing of equivalent or superior character as approved by the Borough Engineer.

(3) Off-street parking shall be provided in accordance with the provisions of Article V.

(4) All areas used for the outdoor display of equipment shall be located at least five feet from any property line or street right-of-way and shall be screened from any adjacent property in an R-1, R-2 or R-3 District by a minimum six-foot-high compact evergreen hedge, masonry wall or solid fence.

GG. Vehicle rental, sales and service, subject to:

(1) New and used vehicle sales and service establishments shall be limited to those establishments that are factory-authorized dealerships or that have obtained a license from the Commonwealth of Pennsylvania to operate a used car dealership.

(2) The minimum lot area required for vehicle rental, sales and service shall be 20,000 square feet.

(3) The property shall have frontage on and direct vehicular access to an arterial or collector street, as defined by this chapter.

(4) The area used for display of merchandise offered for sale and the area used for parking of customer and employee vehicles shall be continuously paved and maintained in either concrete over a base of crushed stone compacted to not less than six inches in depth or other surfacing of equivalent or superior character as approved by the Borough Engineer.

(5) The handling and disposal of motor oil, battery acid and any other substances regulated by federal statute and the Pennsylvania Department of Environmental Protection (PADEP) shall be in accordance with all permits and requirements of that agency or its successor agency. Any suspension, revocation or violation of the Pennsylvania Department of Environmental Protection (PADEP) permits shall be a violation of this chapter and shall be subject to the enforcement provisions of § 245-84 of this chapter.

(6) All lots used for the outdoor display of vehicles shall have a completely enclosed building, as defined herein, on the same lot which lot has not less than 2,000 square feet of gross floor area where all repair, servicing, sales and customer car washing shall be performed.

(7) No vehicle or other merchandise displayed outdoors shall be less than five feet from any property line. No vehicle shall be parked on adjacent property or in any public street right-of-way.

(8) Off-street parking shall be provided in accordance with the requirements of Article V.

HH. Vehicle repair shop, subject to:

(1) Such use shall not be located within 100 feet of any property line adjoining property located in an R-1, R-2 or R-3 District.

(2) All property lines adjoining property located in an R-1, R-2 or R-3 District shall be screened by a minimum six-foot-high compact evergreen hedge, masonry wall or solid fence.

(3) Storage of parts, dismantled vehicles and vehicles awaiting repair shall be kept in a completely enclosed building, as defined herein or in an outdoor area that is screened from view from the public street by a minimum six-foot-high compact evergreen hedge or fence.

(4) There shall be no more than four vehicles displayed for sale on the premises at any one time.

(5) All repair work shall be performed within a completely enclosed building, as defined herein, that has adequate ventilation and fire protection provisions.

(6) All towed vehicles shall be stored on the premises and no vehicle shall be stored or dismantled on any public street.

(7) The premises shall be kept clean and shall be maintained so as to not constitute a nuisance or menace to public health and safety.

(8) Storage, handling and disposal of hazardous materials, as defined by federal or state statute, shall comply with the current requirements of the Pennsylvania Department of Environmental Protection (PADEP) and the U.S. Environmental Protection Agency (EPA).

(9) Off-street parking shall be provided in accordance with the requirements of Article V.

II. Oil and/or gas exploration, drilling and extraction operations; oil and/or natural gas well site(s); compressor station(s); natural gas processing plant(s); or any similar facilities performing the equivalent functions.

[Added 10-9-2012 by Ord. No. 929]

(1) Applicability.

(a) This Subsection II applies to all oil or gas well sites, compressor stations, and natural gas processing plants that will be permitted or constructed after the effective date of this subsection. No oil or gas well or exploration of same of any type or nature shall be dug or drilled, nor shall any work in preparation therefor be commenced within the boundaries of Monaca Borough unless and until the owner or operator of such operations make conditional use application in conformity with this Subsection II.

(b) Oil or gas sites, compressor stations, and natural gas processing plants that were permitted or constructed prior to the adoption of this Subsection II, shall not be required to meet the requirements of this Subsection II, provided that any modification to an existing or permitted oil or gas well site that occurs after the effective date of this Subsection II and materially alters the size, type, location, number of wells and other accessory equipment or structures, or any physical modifications to an existing natural gas compressor station or natural gas processing plant shall require compliance with and a permit under this Subsection II.

(c) Certain federal and/or state laws or regulations preempt oil and gas ordinance requirements that conflict with same. Monaca Borough acknowledges that it is preempted from regulating the operational methods of the oil and gas industry and may only regulate land uses in accordance with Pennsylvania law.

(d) All activities conducted in association with, and as a part or oil or gas well sites, shall be in accordance with the Commonwealth of Pennsylvania Oil and Gas Act (Act 1984 223), as amended, and any other applicable federal, state, county or local laws.

(2) Zoning classification.

(a) An oil or gas well site, or a compressor station, or a natural gas processing facility, or any similar facilities performing the equivalent functions shall be permitted as a conditional use within the RBP Riverfront Business Park District.

(b) The applicant shall have the duty and the burden to prove compliance with the specific conditions set forth herein and by way of this Subsection II. The applicant shall bear the burden of persuasion to demonstrate that the proposed conditional use will not have detrimental effects on the health, safety and welfare of Borough residents relative to any additional conditions.

(c) The proposed conditional use will be harmonious with and in accordance with the general objectives or with any specific objective of the Borough's Comprehensive Plan; will be designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and will not change the essential character of the same area; will not be hazardous or disturbing to existing neighboring uses; will be served adequately by essential facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools; or the persons or agencies responsible for the establishment of the proposed use shall be able to adequately provide any such services; will not create excessive additional requirements at public expense for public facilities and services and will not be detrimental to the economic welfare of the community; will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; will have vehicular approaches to the property which shall be designed so as not to create interference with traffic on surrounding public thoroughfares; will not result in the destruction, loss or damage of a natural, scenic, or historic feature of significant importance.

(d) A zoning permit shall not be required for oil and gas drilling subsurface facilities which are authorized as a permitted use by right in all zoning districts. Permits for crossing or disturbance of any state or Borough street shall be required.

(e) Conditional use approval shall be required for each well site; however, if multiple wellheads are proposed to be located at the well site, separate approval is not required for each wellhead if the original conditional use application indicates that multiple wellheads are proposed.

(3) Definitions. The following definitions shall apply to this Subsection II only:

APPLICANT

Any person, owner, operator, partnership, company, corporation and its subcontractors and agents who have an interest in real estate for the purpose of exploring or drilling for, producing, or transporting oil or gas.

BOROUGH

Borough of Monaca.

BOROUGH STAFF

Borough of Monaca Councilpersons, or other persons employed by the Borough to act on behalf of the Borough.

BUILDING

An occupied structure with walls and roof within which persons live or customarily work. The term shall not include a barn, shed or other storage building.

COLLECTOR STREET

A public street or road which, in addition to providing access to abutting lots, intercepts other collector streets or state roads and provides a route for carrying volumes of local traffic to community facilities and arterial streets.

COMPRESSOR

A device used alone or in a series to raise the pressure of natural gas and/or by-products to create a pressure differential to move or compress a liquid, vapor or gas.

COMPRESSOR STATION

A facility designed and constructed to compress natural gas and /or oil that originates from a single well site or a collection of such well sites, operating as a midstream facility for delivery of gas and for oil to a transmission pipeline, distribution pipeline, processing plant or underground storage field, including one or more natural gas and/or oil compressors, associated buildings, pipes, valves, tanks and other equipment.

DEPARTMENT

The Department of Environmental Protection of the Commonwealth of Pennsylvania.

DERRICK

Any portable framework, tower mast and/or structure which is required or used in connection with drilling or reworking a well for the production of oil or gas.

DRILLING EQUIPMENT

The derrick, all parts and appurtenances to such structure and every piece of apparatus, machinery, or equipment used, erected or maintained in connection with oil and gas drilling, as defined herein.

DRILLING PAD

The area of surface operations surrounding the surface location of a well or wells. Such area shall not include an access road to the drilling pad.

EFFECTIVE DATE

The date upon which this Subsection II is approved by the Council of the Borough of Monaca.

HYDRAULIC FRACTURING (FRACKING)

The process of injecting water, customized ftracking fluid, steam, or gas into an oil or gas well under pressure to break apart rock layers in order to release gas and to improve recovery of gas.

LOCAL STREET

A public street or road designed to provide access to abutting lots and to discourage through traffic.

NATURAL GAS COMPRESSOR STATION

A facility designed and constructed to compress natural gas that originates from a gas well or collection of such wells operating as a midstream facility for delivery of gas to a transmission pipeline, distribution pipeline, natural gas processing plant or underground storage field, including one or more natural gas compressors, associated buildings, pipes, valves, tanks and other equipment.

NATURAL GAS PROCESSING FACILITY

(a) A facility that receives natural gas and associated hydrocarbons from a gathering line system serving one or more well sites that compresses, condenses, pressurizes or otherwise treats natural gas and which removes water and water vapor and/or separates materials such as ethane, propane, butane and other constituent or similar naturally occurring substances from natural gas to allow such natural gas to be of such quality as is required or appropriate for transmission or distribution to commercial markets, including but not limited to: cooling facilities, storage tanks and related equipment and facilities.

(b) A facility designed and constructed to remove materials such as ethane, propane, butane, and other constituents or similar substances from natural gas to allow such natural gas to be of such quality as is required or appropriate for transmission or distribution to commercial markets but not including facilities or equipment that is designed and constructed primarily to remove water, water vapor, oil or naturally occurring liquids from the natural gas.

OIL AND GAS

Crude oil, natural gas, methane gas, coal bed methane gas, propane, butane and/or any other constituents or similar substances that are produced by drilling an oil or gas well of any depth into, through and below the surface of the earth.

OIL AND GAS DEVELOPMENT or DEVELOPMENT

The well site preparation, construction, drilling, redrilling, hydraulic fracturing, and/or site restoration associated with an oil or gas well of any depth; water and other fluid storage, impoundment and transportation used for such activities; and the installation and use of all associated equipment, including tanks, meters, and other equipment and structures whether permanent or temporary; and the site preparation, construction, installation, maintenance and repair of oil and gas pipelines and associated equipment and other equipment and activities associated with the exploration for, production and transportation of oil and gas. This definition includes gathering, transmission and distribution pipelines or compressor stations or natural gas processing plants or facilities performing the equivalent functions.

OIL AND GAS DRILLING

The removal of oil and gas resources from the ground by means of drilling, as defined herein, in accordance with a valid permit issued by the Pennsylvania Department of Environmental Protection (PA DEP) under the provisions of the Pennsylvania Oil and Gas Act (58 P.S. § 601.101 to § 602.605), as now or hereafter amended.

OIL AND GAS DRILLING DEEP WELL

Oil and gas drilling, as defined herein, drilled to depths shallower than the base of the Elk Sandstone or its stratigraphic equivalent for the sole purpose of exploring the Marcellus Shale.

OIL AND GAS DRILLING SHALLOW WELL

Oil and gas drilling, as defined herein, drilled to depths shallower than the base of the Elk Sandstone or its stratigraphic equivalent and any well site that proposes drilling of a single well for not more than seven consecutive days total in any calendar year.

OIL AND GAS DRILLING SUBSURFACE FACILITIES

Activities performed under the surface of the ground that are part of the operation of oil and gas drilling, as defined herein, located on properties within the unit for a particular well site, but that are not included in the well site, including but not limited to: horizontal drilling and hydraulic fracturing zones, underground gathering and transmission pipelines established in accordance with the Public Utility Commission (PUC) guidelines, water distribution lines and similar underground facilities incidental to oil and gas drilling.

OIL OR GAS WELL OR WELLHEAD

A pierced or bored hole drilled or being drilled in the ground for the purpose of, or to be used for, producing, extracting or injecting gas, oil, petroleum or another liquid related to oil or gas production or storage including the structure that is placed over the opening upon completion of drilling and that is maintained during production.

OIL OR GAS WELL SITE OR SITE

The location where facilities, structures, materials and equipment, whether temporary or permanent, necessary for or incidental to the development, preparation, construction, drilling, production or operation of an oil or gas well. This definition also includes exploratory wells.

OPERATOR

Any person, partnership, company, corporation or legal entity and its subcontractors and agents who have an interest in the real estate for the purpose of exploring or drilling for, producing or transporting oil or gas.

OWNER

A person who owns, manages, leases, controls or possesses an oil or gas well site.

PROTECTED STRUCTURE

Any occupied residence, business, school, church, or public building located within 1,000 feet of an oil or gas well, as defined herein, that may be adversely affected by noise generated from the drilling or hydraulic fracturing at the well site, as defined herein, excluding any structure owned by an oil or gas lessor who has signed a lease with the operator granting surface rights to drill the subject well or whose owner or occupants have signed a waiver relieving the operator from complying with the noise abatement provisions of this Subsection II.

STORAGE WELL

A well used for and in connection with the underground storage of natural gas, including injection into or withdrawal from an underground storage reservoir for monitoring or observation of reservoir pressure.

WATER IMPOUNDMENT

An open, earthen receptacle in the ground intended to store fresh water or wastewater to supply one or more oil and gas drilling well sites.

WELL SITE

All of the area occupied by the drilling equipment, as defined herein, and all surface facilities, structures, water and other fluid storage impoundments and storage tanks and associated equipment including tanks, meters and other permanent or temporary structures and equipment incidental to oil and gas drilling, as defined herein, including facilities and equipment necessary for site exploration, preparation, site construction, drilling, hydraulic fracturing, site restoration, production and operation of the well upon completion of drilling.

WORK-OVER OPERATIONS

The work performed in a well after its completion in an effort to secure production where there has been none, restore production that has ceased, or increase production.

(4) Conditional use permit requirement.

(a) No oil or gas well site, compressor station, or natural gas processing facility or an addition thereto shall be constructed or located within Monaca Borough unless a conditional use approval has been issued by the Borough to the owner or operator approving the construction or preparation of the site for oil or gas development or construction of natural gas compressor stations or natural gas processing compressor stations or natural gas processing facilities.

(b) The permit application, or amended permit application, shall be accompanied by a fee in the amount of $1,000 which may, from time to time, be amended by resolution. The applicant shall promptly pay any additional fees or costs incurred by the Borough that exceed this fee as allowable under the Pennsylvania Municipalities Planning Code.

(c) Any modification to an existing and permitted oil or gas well site that materially alters the size, location, number of wells or accessory equipment or structures, or any modification to an existing natural gas compressor station or natural gas processing plant shall require a modification of the permit under this Subsection II. Like-kind replacements shall not require a permit modification.

(5) Pre-application conferences.

(a) Purpose.

[1] Before submitting a conditional use application, the applicant is strongly encouraged to meet with the Borough staff, including the Borough Manager, to determine the requirements of and the procedural steps and timing of the application. The intent of this process is for the applicant to obtain necessary information and guidance from the Borough staff, including the Borough Manager, before entering into any commitments or incurring substantial expenses with regard to the site and plan preparation. In addition, a preliminary determination will be made regarding the need for land development plan review by the Planning Commission of Beaver County.

(b) Process.

[1] A pre-application conference is voluntary on the part of the applicant and shall not be deemed the beginning of the time period for review as prescribed by law. The pre-application conferences are intended for the benefit of the applicant in order to address the required permit submittals and are advisory only, and shall not bind the Borough to approve any application for a permit or to act within any time limit relative to the date of such conference.

(6) Conditional use permit application.

(a) The applicant shall provide to the Borough at the time of application:

[1] A narrative describing an overview of the project including the number of acres to be involved, the number of wells to be drilled, location, number and description of equipment and structures to be involved.

[2] A narrative describing an overview of the project as it relates to compressor stations or natural gas processing facilities, if applicable.

[3] The address of the oil or gas well site, compressor station or natural gas processing facility as determined by the Borough or Beaver County for information of emergency responders. A 9-1-1 address or GPS coordinates should be assigned to the location.

[4] The contact information of the individual or individuals responsible for the operation and activities at the oil or gas well site shall be provided to the Borough and all emergency responders. Such information shall include a phone number where such individual or individuals can be contacted 24 hours per day, 365 days a year. Annually, or upon any change of relevant circumstances, the applicant shall update such information and provide it to the Borough and all emergency responders.

[5] A location map of the oil or gas well site showing the approximate location of derricks, drilling rigs, wellheads, water impoundments equipment and structures and all permanent improvements to the site and any post-construction surface disturbance in relation to natural and other surroundings. Included in this map shall be an area within the development site for the location and parking of vehicles and equipment used in the transportation of personnel and/or development and use of the site. Such location shall be configured to allow that the normal flow of traffic on local streets shall be undisturbed.

[6] A location map of the compressor stations or natural gas processing facilities including any equipment and structures and all permanent improvements to the site.

[7] A narrative and map describing the manner and routes for the transportation and delivery of equipment, machinery, water, chemicals and other materials used in the siting, exploration, drilling, construction, development, maintenance and operation of the oil or gas well site.

[8] A certification or evidence satisfactory to the Borough that, prior to the commencement of any activity at the oil or gas well site, the applicant shall have accepted and complied with any applicable bonding and permitting requirements; and shall have entered into a Borough roadway maintenance and repair agreement with the Borough, in a form acceptable to the Borough Solicitor, regarding the maintenance and repair of the Borough streets that are to be used by vehicles for site exploration, construction, drilling activities and site operations. A road bond, if necessary, and in an amount determined by the Borough Engineer shall be posted by the applicant prior to commencement of any oil or gas development activities. Compliance with posted weight limits must be maintained.

[a] The operator shall show the proposed Borough routes of all vehicles to be utilized for hauling and the estimated weights of those vehicles. The operator shall show evidence of compliance with designated weight limits on Borough roads, unless a bond and a maintenance agreement has been entered into to assure road damage repair. The operator shall design the hauling routes for the oil and gas development operation to minimize the use of and impact upon Borough roads wherever feasible.

[b] The operator shall show evidence satisfactory to the Borough Engineer that intersections along proposed hauling routes provide a sufficient turning radius for vehicles to be utilized for hauling, such that all turns can be safely made without damage to vehicles, sidewalks or curbs.

[c] The Borough Engineer shall review the proposed routes provided by the operator, and reasonably determine whether preventive measures, such as shoring of bridges or putting protective mats over utility lines, should be taken to prevent damage to Borough roads, bridges or utilities. If such preventive measures are recommended, the operator shall install such protective measures as directed by the Borough Engineer prior to beginning operations.

[9] A description of, and commitment to maintain, safeguards that shall be taken by the applicant to ensure that Borough streets utilized by the applicant shall remain free of dirt, mud and debris resulting from site development activities; and the applicant's assurance that such streets will be promptly swept or cleaned if dirt, mud and debris occur as a result of the applicant's usage.

[10] Verification that a copy of the operation's preparedness, prevention and contingency plan has been provided to the Borough and all emergency responders.

[11] The preparedness, prevention and contingency plan must provide for local fire protection as follows: During the well's drilling activities, the Fire Department will be directed by the well company's designated person on the scene on how to handle the emergency situation. If drilling activities are not active and when no designated person is on site, evacuate and isolate the area 350 feet around the affected site and contact the Department of Environmental Protection Emergency Response Number which is currently 1-800-541-2050 and which may be subject to change. If there is a life or death situation while drilling activities are inactive and someone is in the immediate danger zone, the officers of the Fire Department shall use their best judgment to make sure there are no dangers such as fire, electrocution, high-pressure release, etc. Best judgment is to be used while maintaining a perimeter and waiting for well company personnel to arrive or advise. Emergency responders are to be held harmless and indemnified by the applicant when acting in accordance with the Emergency Response Plan. The applicant is responsible to reimburse all costs associated with emergency responders.

[12] A statement that the applicant, upon changes occurring to the operation's preparedness, prevention and contingency plan, will provide to the Borough and all appropriate emergency responders the dated revised copy of the preparedness, prevention and contingency plan while drilling activities are taking place at the oil or gas well site.

[13] Assurance that, at least 30 days prior to drilling and annually thereafter, if requested by the Borough, the applicant shall provide an appropriate site orientation and training course of the preparedness, prevention and contingency plan for all appropriate emergency responders. The cost and expense of the orientation and training shall be sole responsibility of the applicant. The applicant shall not be required to hold more than one site orientation and training course annually under this section.

[14] A copy of the documents submitted to the Department, or other applicable regulatory agencies or if none, a narrative describing the environmental impacts of the proposed development on the site and surrounding land and measures proposed to protect or mitigate such impacts.

[15] A soil erosion and sedimentation control plan, in conformance with the requirements of the Beaver County Conservation District, must be submitted along with obtaining a grading and excavation permit from the Borough as well as the execution of a stormwater best management practices agreement between the applicant and the Borough in accordance with Borough ordinances then prevailing.

[16] Recorded easements must be supplied for any gathering, transmission and distribution pipelines serving the site or proposed to serve the site.

[17] Proposed rehabilitation/reclamation plan for the site containing the following:

[a] An engineering drawing showing ownership, existing and future topography, streams, existing roads, buildings, boundaries and metes and bounds description of the tract.

[b] A drawing showing the location and/or proposed relocation of land, trees, buildings, structures, public roads, streams, drainage facilities and utility lines on the tract or adjacent tracts as may require protection, repairs, clearance, demolition, restoration, either during or following completion of the operations proposed.

[c] A plan for reuse of the land after completion of the operations which shall permit the carrying out of the purpose of this Subsection II and appropriately provide for any rehabilitation, restoration, reclamation, reforestation, or other correction work deemed necessary.

(b) Within 30 business days after receipt of a permit application and the required fee, the Borough will determine whether the application is complete and adequate and advise the applicant accordingly.

(c) If the application is complete, the Borough shall schedule a conditional use hearing in accordance with the Pennsylvania Municipalities Planning Code and shall, following hearing, render a decision on the application in accordance with this Subsection II.

(d) If the application is incomplete and/or inadequate the Borough will notify the applicant of the missing or inadequate material and, upon receiving said material, shall schedule a conditional use hearing in accordance with the Pennsylvania Municipalities Planning Code and shall, following the hearing, render a decision on the application in accordance with this Subsection II.

(e) All state and federal requirements associated with oil and gas well development must be followed at all times, and, upon request, permits associated with those requirements shall be supplied to the Borough. Conditional use approval shall be indefinitely conditioned upon the applicant maintaining valid Commonwealth of Pennsylvania and federal operating permits. The applicant shall immediately notify the Borough of the suspension, modification or revocation of any such permits.

(7) Design and installation.

(a) Access.

[1] No oil or gas well site shall have access solely through a private road. Whenever possible, access roads to the oil or gas well site should be from a local or collector street. There shall be adequate area on the development site for staging trucks waiting to make deliveries or service to the site that does not disrupt the normal flow of traffic on the public street.

[2] Accepted professional standards pertaining to minimum traffic sight distances for all access points shall be followed.

[3] The access road to the well site shall be required to be improved before entering Borough or state roads in such a manner that no water, sediment or debris will be carried onto any public streets or roadways.

[4] Any newly established private easements/roadways constructed on the parcel containing the well shall be located at least 25 feet from any property line unless consent is obtained from the adjoining property owner. Existing easements/roadways shall be exempt from the requirement to obtain consent from the adjoining property owner; provided, however, that the Borough may permit a permanent easement/roadway to be located closer than 25 feet from any property line upon showing by the applicant that the location of such easement/roadway cannot be constructed as required due to topographical or environmental constraints.

[5] Compliance with the Commonwealth's ESCGP-1 permitting process shall satisfy the requirements of this section.

[6] A highway occupancy permit (HOP) may be required for entrance onto any Commonwealth of Pennsylvania highway and if so required the applicant shall secure same.

(b) Structure height.

[1] Permanent structures associated with an oil and gas well site, both principal and accessory, shall comply with the height regulations for the RBP Riverfront Business Park District, in which the oil or gas well site is located.

[2] Permanent structures associated with compressor stations or natural gas processing facilities shall comply with the RBP Riverfront Business Park District in which the compressor station or natural gas processing facilities are located.

[3] There shall be an exemption to the height restrictions contained in this section for the temporary placement of drilling rigs, drying tanks, and other accessory uses necessary for the actual drilling or redrilling of an oil or gas well.

[a] The duration of such exemption shall not exceed the actual time period of active drilling or redrilling of an oil or gas well.

[b] The time period of such drilling and exemption shall not exceed six months, unless extended in writing as necessary and reasonable upon request of the applicant.

[c] The operator shall give the Borough prior written notice of the beginning date for its exercise of the exemption.

(c) Setbacks.

[1] Drilling equipment shall be located a minimum setback distance of 200 feet from any building not related to the development.

[2] The drilling pad for the oil or gas well site shall comply with all setback and buffer requirements of the RBP Riverfront Business Park District in which the oil or gas well site is located.

[3] Compressor stations and natural gas processing facilities shall comply with all setback and buffer requirements of the RBP Riverfront Business Park District in which the oil or gas well site is located.

[4] Exemption from the standards established in this subsection may be granted by the Borough upon a showing by the applicant that it is not feasible to meet the setback requirements from surface tract property lines and that adequate safeguards have or will be provided to justify the exemption.

[5] Drilling pads, compressor stations and natural gas processing facilities shall be set back 500 feet from buildings or sites registered or eligible for registration on the National Register of Historic Places or the Pennsylvania Register of Historic Places.

[6] Drilling pads, natural gas compressor stations and natural gas processing plants shall be set back 200 feet from any existing water wells.

[7] Drilling pads, compressor stations and natural gas processing facilities shall be set back 200 feet from all property boundaries, property lines, properties designated as landfills, properties containing hazardous substances, public streets or private streets not servicing the site.

[8] Sufficient setbacks shall be met to ensure the preservation of water resources. Further, no well site may be prepared or well drilled within 100 feet measured horizontally from any stream, spring or body of water as identified on the most current 7 1/2 minute topographic quadrangle map of the United States Geological Survey or within 100 feet of any wetlands greater than one acre in size. The Department of Environmental Protection may waive such distance restrictions upon submission of a plan which shall identify the additional measures, facilities or practices to be employed during well site construction, drilling and operations. Such waiver, if granted by the Department of Environmental Protection, shall impose such permit conditions as are necessary to protect the waters of the commonwealth and shall be accepted by Monaca Borough.

[9] If there is a reasonable likelihood of disturbance to endangered species or crucial habitations, sufficient setbacks shall be met to ensure the preservation of threatened or endangered species or crucial habitations such that there shall be no habitat disturbance. As determined by the Department of Conservation and Natural Resources.

(d) Fencing, signage and screening.

[1] Security fencing shall not be required at oil or gas well sites during the initial drilling, or redrilling operations, as long as manned twenty-four-hour on-site supervision and security are being provided.

[2] Upon completion of drilling or redrilling, security fencing consisting of a permanent chain-link fence shall be promptly installed at the oil or gas well site to secure wellheads, storage tanks, separation facilities, water or liquid impoundment areas, and other mechanical and production equipment and structures on the oil or gas well site.

[3] Security fencing shall be constructed in accordance with existing Zoning Ordinance provisions. Fencing is not required as long as twenty-four-hour on-site supervision and security are being provided.

[4] Emergency responders shall be given means to access oil or gas well sites in case of an emergency.

[5] Warning signs shall be placed on the fencing surrounding the oil or gas well site providing notice of the potential dangers and the contact information in case of an emergency.

[6] In construction of oil or gas well sites, the natural surroundings should be considered and measures taken to preserve existing trees and other native vegetation, to promote and utilize natural screening.

[7] Water impoundments containing wastewater shall be fenced and covered with protective bird netting to ensure the safety of animal and bird species.

(e) Lighting.

[1] Lighting at the oil or gas well site, or other facilities associated with oil and gas drilling development, either temporary or permanent, shall be directed downward and inward toward the activity, to the extent practicable, so as to minimize the glare on public roads and nearby buildings within 200 feet of the oil or gas well development.

[2] Lighting at a compressor station or a natural gas processing facilities shall, when practicable, be limited to security lighting.

(f) Noise.

[1] The Borough recognizes and acknowledges that oil and gas development is accompanied by inherent noise. However, the operator shall take the following steps to minimize, to the extent possible, noise resulting from the development.

[2] Prior to the conditional use application submittal, the operator shall establish a continuous seventy-two-hour ambient noise level at the nearest protected structure or 100 feet from the nearest protected structure (as measured to the closest exterior point of the building) property line, whichever is closer to the protected structure. The sound level meter used in conducting any evaluation shall meet the American National Standard Institute's standard for sound meters or an instrument and the associated recording and analyzing equipment, which will provide equivalent data.

[3] The applicant shall provide the Borough documentation of any established seventy-two-hour evaluation, relied upon to establish an ambient noise level to the Borough's Zoning Officer within three business days of such a request from the Zoning Officer and at the conditional use hearing.

[4] If it is determined that any residents, regardless of their status of residing or working in a protected structure, may be adversely affected by the noise at the site, the Borough may require that noise abatement measures be implemented, including, but not limited to, the erection of sound walls around the site.

[5] If a complaint is received by the Borough from any person, whether a resident or otherwise using the protected structure as defined herein for any lawful purpose, regarding noise generated during drilling or hydraulic fracturing activities, the operator shall, within 24 hours of receipt of the complaint from the Borough, continuously monitor for a forty-eight-hour period at a point which is the closer to the complainant's building of:

[a] The complainant's protected structure property line nearest to the wellsite or equipment generating the noise; or

[b] One hundred feet from the protected structure.

[6] If the operator engages in any noise testing as required by this Subsection II, it will provide preliminary data to the Borough no later than 10 business days following completion of the noise testing. Once the monitoring is complete, the operator will meet with Borough representatives and affected residents to discuss whether additional abatement measures are warranted.

(g) Prohibitions and precautions.

[1] No drilling shall be allowed in the floodway designated as such in the flood insurance study (FIS) and shown on the Federal Emergency Management Agency (FEMA) maps.

[2] Oil and gas drilling in the one-hundred-year floodplain is discouraged but may be permitted by the Borough in its sole discretion if the following provisions are met.

[a] The applicant must provide conclusive documentation that no other location allows access to the oil or gas deposit other than a location within the floodplain.

[b] An adequate emergency evacuation plan shall have been produced by the applicant and filed with the Borough.

[c] No storage of chemicals shall be permitted within the floodplain. An exemption from this requirement may be granted by the Borough if the applicant can show that such storage will not potentially cause any harm to property, persons or the environment in the case of a one-hundred-year flood; and further provides security to the Borough assuring the applicant's ability to remedy any damage or injury that may occur.

[d] Only necessary and needed structures will be permitted within the floodplain.

[e] All structures within the flood zone shall be designed to withstand a one-hundred-year storm event.

[f] An engineer registered in Pennsylvania and qualified to present such documentation that structures will not cause additional flooding on adjacent, upstream and/or downstream properties shall provide such documentation to the Borough.

[3] Dust; pollution.

[a] Oil and gas operations shall not create dust or pollute the air in violation of the Clean Air Act or any other local, state or federal regulation regarding air cleanliness or nuisances. Owners or operators shall take the necessary safeguards to ensure appropriate dust control measures are in place. Exhaust from any internal combustion engine or compressor used in connection with the drilling of any well or for use on any production equipment or used in development shall not be discharged into the open air unless equipped with an exhaust muffler or an exhaust box. The exhaust muffler or exhaust box shall be constructed of noncombustible materials designed and installed to suppress noise and disruptive vibrations. Moreover, all such equipment with an exhaust muffler or exhaust box shall be maintained in good operating condition according to manufacturer's specifications.

[b] The emissions of dust, smoke, refuse matter, odor, gas, fumes or similar substances or conditions which can endanger the health, safety or general welfare or which can cause any soiling or staining of persons or property at any point beyond the property line of the use creating the emission is prohibited. Dust control measures shall be used to stabilize soil from wind erosion and to reduce dust generated from drilling or site activities, including:

[i] Stabilize exposed soils using vegetation, mulching, spray-on adhesives, calcium chloride, sprinkling, and stone and gravel layering.

[ii] Stabilize unpaved haul roads, parking and staging areas within the site.

[iii] Minimize the impact of dust by anticipating the direction of prevailing winds.

[iv] Direct construction and commercial vehicle traffic to stabilized roadways within the site.

[v] Pave, vegetate, or chemically stabilize access points where unpaved traffic surfaces adjoin paved public streets.

[vi] Provide covers for haul trucks transporting materials that contribute to dust.

[vii] Provide for wet suppression or chemical stabilization of exposed soils.

[viii] Provide for rapid cleanup of sediments deposited on paved roads.

[ix] Furnish vehicle wash-down areas.

[x] Reduce speed to 15 miles per hour or less and reduce trips on unpaved roads on site.

[xi] Implement dust control measures for material stockpiles.

[xii] Stabilize abandoned construction/staging areas on site using vegetation or chemical stabilization methods.

[xiii] Minimize extent of site areas which is disturbed.

[c] A dust control plan shall be submitted with the site plan, demonstrating compliance with this subsection.

[4] Portable equipment not necessary for the continuing drilling, or other use at the site shall not be stored on the property except in completely enclosed buildings.

[5] Workers, agents, contractors and employees connected with an oil or gas operation shall be prohibited from living on the site for more than two consecutive weeks at a time during active drilling operations. Once active drilling has ceased, no person shall be permitted to reside on the site.

[6] Water impoundments shall only be permitted on sites approved for deep well drilling and only on the same site serviced by said impoundment. Sediment and hydraulic fracturing wastewater may be disposed of only in approved landfill sites and shall not be disposed of on the same site as the oil and gas development unless treated and approved for disposal by the department and/or the EPA. All water impoundments must be completely enclosed with fencing in accordance with Borough standards. Proposed water impoundments must be included in the conditional use application for review and approval by the Borough.

[7] Owners or operators shall take all necessary precautions to minimize odors during the drilling or hydraulic fracturing process. If odors resulting from the drilling or hydraulic fracturing process or odors emanating from the well sites result in complaints being lodged by Borough residents, the owner or operator shall meet with the Borough and any affected residents to implement, where warranted, and required by the Borough, effective odor control measures.

[8] Owners or operators shall take all necessary precautions to ensure the safety of persons in areas established for road crossing and/or adjacent to roadways, (i.e., persons waiting for public or school transportation, crosswalks, etc.). Where necessary and permitted, during periods of anticipated heavy or frequent truck traffic associated with the development, owners or operators will provide flagmen to ensure the safety of children at or near school or school bus stops and include adequate signs and/or other warning measures for truck traffic and vehicular traffic. In the alternative, owners or operators, with the Borough's consent and agreement, will reimburse the Borough to provide such required safety measures. The operator will coordinate its efforts with the school district so as to minimize heavy traffic during the hours when school buses are picking up or dropping off children.

[9] Owners or operators shall not clear brush or trees by way of burning and shall chip, grind or remove all tree stumps and limbs from properties it clears for development purposes unless done so in conformity with Borough ordinances.

[10] Any work-over operations, as defined herein, shall be subject to all applicable criteria of this Subsection II. Work-over operations shall not commence until the operator provides written notice to the Borough Zoning Officer at least 60 days in advance. The Borough Zoning Officer may authorize the work-over operations, provided all conditions attached to the original conditional use approval for the well site and all applicable criteria of this Subsection II are met. The Zoning Officer has the discretion to refer the operator's request to the Council of Monaca Borough for an amended conditional use approval. The Council of Monaca Borough may conduct a public hearing and may refer the request to the Planning Commissions of Monaca Borough and Beaver County before acting on an amendment to the original conditional use application.

[11] Hours of construction during site grading, preparation of installation of roads, drilling pads, water impoundments, noise barriers and related facilities shall be 7:00 a.m. to 7:00 p.m. There is no limit on hours of operation during active drilling and fracking as long as compliance with the other provisions of this Subsection II is maintained.

[12] The Borough may require the operator to conduct an informational meeting for residents within 1,000 feet of the well site at least 30 days prior to beginning construction on the site. Information to be provided to the residents should include a survey of the well site, a general description of the proposed facilities, the equipment to be used during site development, explanation of drilling and "fracking" and contact information for the operator and the site supervisor.

[13] There shall be no seismic testing unless specifically requested by the owner or operator and approved by the Borough.

[14] If a spill, fire or other violation of any federal, state or local law occurs at the drill site or in the Borough by the operator or its subcontractors, the operator will notify the Borough immediately, in all circumstances not later than 24 hours after the incident occurred or, if the incident is ongoing, not later than 24 hours after it began.

[15] Coal bed methane and conventional oil and gas well drilling and completion activities, i.e., those wells drilled to depths shallower than the base of the Elk Sandstone or its stratigraphic equivalent, and such oil and gas wells that are planned to involve drilling of a single well on a well site for no more than seven consecutive days total in any calendar year can request a waiver from the Borough from any condition set forth herein if, in the sole discretion of the Borough, the conditions are not necessary to protect the health, safety and welfare of the residents.

(h) The Borough may attach to the approval of any application hereunder additional design and installation conditions in order to protect the public's health, safety and welfare.

(8) Penalties. Any owner, operator, or other person who violates or permits a violation of this chapter upon being found liable therefor in a civil enforcement proceeding before a Magisterial District Judge, shall pay to the Borough a fine of not more than $500, plus all court costs, including, but not limited to, reasonable attorney's fees incurred by the Borough on account of such violation. No penalty or cost shall be imposed until the date the determination of the violation by the Magisterial District Judge becomes final. If the defendant neither pays nor timely appeals the judgment, the Borough may enforce the judgment as provided by law. Each day a violation exists after final judgment shall constitute a separate offense. The amount of the fine imposed shall be multiplied by the number of such days and may be charged and collected as a judgment by the Borough without further judicial proceedings. Further, the appropriate officers or agents of the Borough are hereby authorized to issue a cease and desist notice and/or to seek equitable relief, including injunction, to enforce compliance herewith. No bond shall be required of the Borough if the Borough seeks injunctive relief.

§ 245-62 Performance standards.

All uses and structures shall comply with the following performance standards. In order to determine whether a proposed use or building will conform to the safe levels of the following performance standards, the Borough Council, the Planning Commission or the Zoning Hearing Board, as the case may be, may obtain qualified consultants to review the proposed use or structure and to report their recommendations concerning the same. The cost of such consulting services shall be borne by the applicant unless expressly assumed by the Borough Council.

A. Fire protection. Any activity involving the handling or storage of flammable, explosive or other hazardous materials shall be subject to the standards of the Borough's Fire Code, the National Board of Fire Underwriters' standards and acceptable national fire-protection standards. Necessary fire prevention and fire-fighting equipment shall be readily available to the activities noted above.

B. Electrical disturbances. No activity shall cause electrical disturbances adversely affecting radio or television reception in the Borough.

C. Noise. No activity shall cause such noise as to interfere with the use and enjoyment of neighboring property. Noise pollution shall be subject to the standards which may from time to time be established or recommended by the Pennsylvania Department of Environmental Protection (DEP).

D. Smoke and air pollution. The maximum amount and type of smoke emissions permissible shall be subject to the standards which may from time to time be established or recommended by the DEP and/or the United States Environmental Protection Agency. No incineration of any waste material will be permitted.

E. Odors. In any zoning district except the G-I District and the RBP District, no malodorous gas or matter shall be permitted which is discernible on any adjoining lot or property. Uses located in the I District and the RBP District shall be permitted to emit odorous gas or matter subject to the standards which may from time to time be established or recommended by the DEP. No such odorous gas and emissions shall endanger lives or property in any zoning district.

F. Vibrations. Vibrations detectable without instruments on neighboring property in any zoning district shall be prohibited. In addition, any vibrations shall be subject to the standards which may from time to time be established or recommended by the DEP.

G. Glare. Lighting devices which produce objectionable direct or reflected glare on adjoining properties or thoroughfares shall not be permitted.

H. Erosion. No erosion by wind or water shall be permitted which will carry objectionable substances onto adjoining properties.

I. Water pollution. Water pollution shall be subject to the standards which may from time to time be established or recommended by the DEP.