[Ord. 227, 12/18/2006]
1. 
In addition to the general criteria listed in §§ 604, Subsection 3, and 704, Subsection 2, the following sets forth standards that shall be applied to each individual special exception or conditional use. These standards must be satisfied prior to approval of any application for a special exception or conditional use. The applicant shall be required to demonstrate compliance with these standards and must furnish whatever evidence is necessary to demonstrate such compliance. All uses must comply with the standards expressed within the underlying zone, unless those standards expressed for each special exception or conditional use specify different standards; in such cases, the specific special exception or conditional use standards shall apply.
2. 
For the purposes of this Part, any required setbacks imposed upon special exceptions or conditional uses shall be measured from the boundary line of the site for which the special exception or conditional use is requested, regardless of whether or not this line corresponds to a property line or a lease line.
[1]
Editor's Note: Former § 401, Accessory Detached Structures Exceeding 900 Square Feet, was repealed by Ord. No. 314, 11/18/2019.
[Ord. 227, 12/18/2006]
1. 
Within the RU Zone, accessory dwelling units are permitted by special exception, subject to the following criteria.
2. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection 2, permitting one accessory dwelling unit as an accessory use to an owner-occupied, single-family, detached dwelling, was repealed by Ord. No. 314, 11/18/2019.
3. 
(Reserved)[2]
[2]
Editor's Note: Former Subsection 3, providing that an accessory dwelling unit may only be located within an accessory building that was in existence as of the effective date of this chapter, was repealed by Ord. No. 314, 11/18/2019.
4. 
The accessory dwelling unit shall contain no less than 400 square feet of habitable floor area; however, the accessory dwelling unit shall not occupy more than 50% of the habitable floor area of the principal detached dwelling unit.
5. 
The applicant shall furnish expert testimony that any exterior modifications to the appearance of the building (except required fire escapes) complement the property's residential character.
6. 
All units contained on floors above or below grade shall have a direct means of escape to ground level and at least one hard-wired fire-detection device.
7. 
The applicant shall demonstrate that an approved means of sewage disposal and water supply shall be used.
8. 
At least one off-street parking space shall be provided for the accessory dwelling unit.
9. 
No permanent sign shall advertise the presence of the accessory dwelling unit; however, a temporary sign, not to exceed two square feet, may be used to advertise the availability of the unit when it is unoccupied.
[Ord. 227, 12/18/2006]
1. 
Within the I Zone, adult-related uses are permitted by conditional use, subject to the following criteria.
2. 
An adult-related use shall not be permitted to be located within 1,000 feet of any other adult-related use.
3. 
No adult-related use shall be located within 1,000 feet of any land within the RC, RS, RU, RF, or MI Zone.
4. 
No establishment shall be located within 600 feet of any parcel of land which contains any one or more of the following specified land uses:
A. 
Amusement park.
B. 
Camp (for minors' activity).
C. 
Child-care facility.
D. 
Church or other similar location for religious congregation.
E. 
Community center.
F. 
Museum.
G. 
Park.
H. 
Playground.
I. 
School.
J. 
Other lands where minors congregate.
5. 
The distance between any two adult-related uses shall be measured in a straight line, without regard to intervening structures, from the closest point on the exterior parcel line of each use. The distance between any adult-related use and any land use specified above shall be measured in a straight line, without regard to intervening structures, from the closest point on the exterior parcel line of the adult-related use to the closest point on the property line of said land use.
6. 
No materials, merchandise, or film offered for sale, rent, lease, loan, or for view upon the premises shall be exhibited or displayed outside of a building or structure.
7. 
Any building or structure used and occupied as an adult-related use shall be windowless, or have an opaque covering over all windows or doors of any area in which materials, merchandise or film are exhibited or displayed, and no sale materials, merchandise or film shall be visible from outside of the building or structure.
8. 
No sign shall be erected upon the premises depicting or giving a visual representation of the type of materials, merchandise or film offered therein.
9. 
Each entrance to the premises shall be posted with a notice specifying that persons under the age of 17 years are not permitted to enter therein and warning all other persons that they may be offended upon entry.
10. 
No adult-related use may change to another adult-related facility except upon approval of an additional conditional use.
11. 
The use shall not create an enticement for minors because of its proximity to nearby uses where minors may congregate.
12. 
No unlawful sexual activity or conduct shall be permitted.
13. 
No more than one adult-related use may be located within one building.
[Ord. 227, 12/18/2006]
1. 
Within the RC Zone, airports/heliports are permitted by conditional use, subject to the following criteria.
2. 
All facilities shall be designed and operated in strict compliance with all applicable state and federal laws and regulations.
3. 
The applicant shall furnish evidence of the acquisition of a license from the Pennsylvania Department of Transportation, Bureau of Aviation, prior to the approval of the conditional use application.
4. 
No part of the takeoff/landing strip and/or pad shall be located nearer than 300 feet from any property line.
[Ord. 227, 12/18/2006]
1. 
Within the HC Zone, amusement arcades are permitted by special exception, subject to the following criteria.
2. 
All activities shall take place within a completely enclosed building.
3. 
The applicant must furnish evidence as to how the use will be controlled as to not constitute a nuisance due to noise or loitering outside the arcade.
4. 
A minimum of one parking space for each 80 square feet of gross leasable floor area shall be provided. In addition, any accessory uses (e.g., snack bar) shall also require one parking space per two seats, plus one parking space for each two employees.
5. 
A working plan for the cleanup of litter shall be furnished and implemented by the applicant.
[Ord. 227, 12/18/2006]
1. 
Within the HC Zone, amusement, theme or zoo parks are permitted by conditional use, subject to the following criteria.
2. 
Amusement and/or theme parks may include any of the following uses, provided that each use is sized, designed and located to only serve employees and guests of the park; relies upon the circulation and parking facilities of the park; has signage that is oriented to those employees and guests of the park, except as permitted in § 315 of this chapter; and is owned, operated and maintained by the park:
A. 
Museums, including tours of historic properties.
B. 
Public parks, playgrounds and recreational facilities.
C. 
Public or private conservation areas for use for the conservation of open space, water, soil, and wildlife resources, including state or county-sponsored agricultural and/or conservation districts.
D. 
Zoos.
E. 
Lodging for guests and employees.
F. 
Riding stables and related facilities (but not including horse racing).
G. 
Arboretums.
H. 
Commercial tennis, racquetball and similar facilities, whether indoors or outdoors.
I. 
Agricultural, horticultural and forestry-related uses, as regulated by § 200 of this chapter.
J. 
Hotels and motels.
K. 
Bed-and-breakfasts.
L. 
Fast-food restaurants and snack bars.
M. 
Amusement arcades.
N. 
Public or private utility service structures.
O. 
Public or nonprofit fire services or public or nonprofit emergency services.
P. 
Indoor or outdoor theaters and auditoriums.
Q. 
Information centers.
R. 
Campgrounds, in accordance with the requirements listed in § 414 of this chapter.
S. 
Taverns, restaurants and nightclubs.
T. 
Amusement exhibits and rides.
U. 
Miniature golf courses.
V. 
Sports and/or amusement arenas.
W. 
Retail sales and/or rental of goods and services, provided that such sales or rentals are related to or accessory to any of the commercial recreation uses listed above.
X. 
Health and fitness clubs.
Y. 
Accessory uses customarily incidental to the above permitted uses.
3. 
Special review process. Prior to the issuance of a building permit for any of those uses permitted under § 406, Subsection 2, the applicant must comply with the following two-stage review process:
A. 
Stage 1: Concept Master Plan. Prior to or coincidental with the approval of a land development for any use or development, the applicant shall submit a concept master plan for conditional use approval by the City Council in accordance with § 704 of this chapter. The requirements of this § 406 shall be used as the specific criteria for evaluating the conditional use application. Such concept master plan shall be submitted by the applicant and shall include a textual and/or graphic description of the following items:
(1) 
The location, boundaries, dimensions, acreage, and ownership of the land to be included within the proposed use.
(2) 
The types and mixture of uses proposed of the land to be included within the proposed use. (A schematic drawing of proposed use types shall be provided.)
(3) 
The road network contained upon the land to be included within the proposed use, including major points of access, intersections and any traffic improvements proposed to accommodate the proposed use.
(4) 
The name, location, center line and present right-of-way width of all abutting streets.
(5) 
Physical characteristics of the site, including:
(a) 
Areas with slopes exceeding 15%.
(b) 
One-hundred-year floodplains.
(c) 
Alluvial soils, wetlands, ponds, and streams.
(d) 
Sinkholes, caves, vistas, or other significant geologic features.
(e) 
Endangered or threatened species' habitats.
(f) 
Archaeological resources.
(g) 
Historic sites.
(h) 
Significant stands of mature trees.
(6) 
Any regional facilities that are proposed and will serve more than one lot/use within the proposed development. Examples of such facilities could include stormwater management devices, open space areas, pedestrian pathways, and wastewater or water facilities.
(7) 
Other information illustrating that the basic concept of the proposed uses are well-integrated, functional, efficient and attractive.
B. 
Stage 2: Site Development Plan. As part of the granting of a building permit for a use proposed and contained in the concept plan, the Zoning Officer shall review a site plan submitted by the applicant to determine that it complies with the approved concept master plan and any applicable regulations. Upon determining compliance, the Zoning Officer shall issue the permit. Upon determining noncompliance, the Zoning Officer may reject the permit for cause and/or may require additional review by other City officials or their agents. Such site plan shall include but not be limited to the following:
(1) 
Any information necessary to demonstrate compliance with all applicable regulations contained within this chapter.
(2) 
A textual and graphic description of how the proposed use(s) complies with the concept master plan approved for the proposed development, plus any conditions of approval attached to the grant of the concept master plan.
4. 
Minimum lot area requirement. Unless otherwise specified, the permitted uses shall have a minimum lot size of 25 acres. For the purposes of this section, a "use" can include several businesses that are developed in a coordinated fashion (e.g., joint parking lots, access drives, loading areas, landscaping, signage, etc.), that functions as one development site and satisfies all of those requirements imposed upon this zone.
5. 
Minimum lot width: 500 feet.
6. 
Minimum lot depth: 1,000 feet.
7. 
Off-street parking spaces.
A. 
Off-street parking spaces shall be provided at the rate equal to that required by § 312 of this chapter. For parks that require more than 300 off-street parking spaces, up to 50% of the total number of spaces can be provided in a dust-free, nonpaved surface if:
(1) 
The applicant can adequately demonstrate that a maintenance plan will be employed that prevents excessive dust and erosion.
(2) 
Adequate measures will be employed to prevent the spreading of mud onto adjoining roads.
B. 
No direct access between a nonpaved parking lot and an adjoining road shall be permitted. The applicant shall be required to demonstrate those measures that will be employed to prevent vehicles from crossing and/or parking on adjoining properties that are not part of the park.
8. 
Any booths or other structures used for the collection of admission and/or parking fees shall be set back and arranged to prevent vehicle backups on adjoining roads during peak arrival periods. Any other collection of fees (roaming parking lot attendants) shall be conducted in a manner to prevent vehicle backups on adjoining roads. If, at any time after the opening of the commercial recreation facility, the City Council determines that traffic backups are occurring on adjoining roads, and such backups are directly related to the means of access to the subject property, the City Council can require the applicant to revise the means of access to relieve the undue congestion.
9. 
Those uses involving extensive outdoor activities shall provide sufficient screening and/or landscaping measures to mitigate any visual and/or audible impacts on adjoining properties.
10. 
Any structures exceeding the maximum permitted height may be permitted so long as they are set back from all property lines at least the horizontal distance equal to their height, plus an additional 50 feet. Furthermore, such structures shall comply with the Airport Safety Zone requirements listed in § 231 of this chapter.
11. 
The applicant shall furnish evidence that the proposed use will not be detrimental to the use of adjoining properties due to hours of operation, litter, dust, and pollution. All noise and lighting shall comply with § 318 of this chapter.
12. 
Any outside pedestrian waiting lines shall be provided with a means of shade.
13. 
Any use involving the keeping of wild and/or dangerous animals shall require the submission of qualified expert testimony that demonstrates sufficient care for and containment of such animals. Also, the applicant must present qualified expert evidence that the means of disposal of deceased animals complies with applicable regulations.
[Ord. 227, 12/18/2006]
1. 
Within the LI and I Zones, automobile auctions and/or storage yards shall be permitted by special exception, subject to the following criteria.
2. 
Any site used for the sale, parking and/or storage of more than 150 vehicles shall front solely upon collector or arterial roads.
3. 
All exterior areas used for the sale, parking and/or storage of automobiles shall be completely enclosed by a six-foot-high fence, which shall be subject to the zone's setback requirements imposed upon off-street parking lots.
4. 
Access drives shall be governed by § 311 of this chapter and the SLDO for a distance of 100 feet from the edge of the street right-of-way. Beyond this, all areas used for vehicle sales, parking or storage shall not be governed by § 311 of this chapter; however, all areas shall include a nonpaved, all-weather, dust-free surface.
5. 
Vehicles may be parked and/or stored in a horizontally stacked configuration; however, no vehicles shall be located more than 100 feet from a minimum eighteen-foot-wide on-site access drive.
6. 
All lighting shall be designed and constructed so as to comply with § 318 of this chapter.
7. 
In addition to the preceding requirements, automobile auctions shall comply with the following:
A. 
The sales area shall be considered to be that of the smallest rectangle, or other regular geometric shape, which encompasses all display stands, booths, tables or stalls, plus any adjoining aisles and/or walkways from which consumers can inspect items for sale. The sales area shall include all indoor and outdoor areas as listed above.
B. 
The retail sales area shall be set back at least 50 feet from all property lines and shall be calculated as part of the maximum permitted lot coverage, regardless of its surface treatment.
C. 
Any exterior, amplified public-address system shall be arranged and designed so as to comply with § 318 of this chapter.
D. 
Exterior trash receptacles shall be provided amid any outdoor sales area. Such trash receptacles shall be routinely emptied so as to prevent the scattering of litter and debris. All applications shall include a description of a working plan for the cleanup of litter.
E. 
The servicing, reconditioning, demolition, or junking of vehicles is prohibited.
F. 
The applicant shall furnish evidence that the disposal of all materials will be accomplished in a manner that complies with all applicable state and federal regulations.
G. 
No part of the auction shall be located within 300 feet of any land within the RC, RS, RU, RF and MI Zones.
8. 
A traffic impact report shall be prepared in accordance with § 320 of this chapter.
[Ord. 227, 12/18/2006]
1. 
Within the HC Zone, automobile filling stations (including minor incidental repair) are permitted by special exception, subject to the following criteria.
2. 
The subject property shall have a minimum width of 125 feet.
3. 
The subject property shall front on an arterial or collector road, as defined herein.
4. 
The subject property shall be set back at least 300 feet from any lot containing a school, day-care facility, playground, library, hospital, or nursing, rest or retirement home.
5. 
The storage of motor vehicles (whether capable of movement or not) for more than one month is prohibited.
6. 
Any parts removed from repaired vehicles shall not remain on the site longer than seven days.
7. 
All structures (including gasoline pump islands, but not permitted signs) and machinery shall be set back at least 50 feet from any street right-of-way line.
8. 
No outdoor storage of auto parts shall be permitted.
9. 
Access driveways shall be a minimum of 28 feet wide and separated by 100 feet from one another, if located along the same frontage, as measured from edge to edge.
10. 
All ventilation equipment associated with fuel storage tanks shall be set back 100 feet and oriented away from any adjoining residential properties.
11. 
The applicant shall furnish evidence of how the storage and disposal of materials will be accomplished in a manner that complies with all applicable state and federal regulations.
1. 
Within the HC Zone, automobile sales, service and repair facilities, including but not limited to auto mechanics, drive-thru lubrication services and tires, auto paint, brake, muffler, transmission, windshield, auto body, car radio, and upholstery shops, are permitted by special exception, subject to the following criteria.
2. 
All service and/or repair activities shall be conducted within a completely enclosed building.
3. 
All uses involving drive-thru service shall provide sufficient on-site stacking lanes to prevent vehicle backups on adjoining roads.
4. 
No outdoor storage of parts, equipment, lubricants, fuel, or other materials used or discarded as part of the service or repair operation shall be permitted.
5. 
All exterior vehicle storage areas shall be screened from adjoining residential properties.
6. 
The storage of vehicles on the property without current registration is prohibited.
7. 
Any ventilation equipment outlets associated with the service/repair work area(s) shall not be directly toward any adjoining property within the RC, RS, RU, RF, or MI Zone.
8. 
All vehicles shall be repaired and removed from the premises promptly.
9. 
The demolition or junking of motor vehicles is prohibited.
10. 
The applicant shall furnish evidence of how the storage and disposal of materials will be accomplished in a manner that complies with all applicable state and federal regulations.
[Ord. 227, 12/18/2006]
1. 
Within the CB Zone, banks and similar financial institutions with drive-thru lanes are permitted by special exception, subject to the following criteria.
2. 
Where practicable, all drive-thru window lanes shall be separated from the parking lot's interior driveways.
3. 
All automated teller machines shall be located so that or contain convenient parking spaces so that the on-site movement of vehicles will not be hampered by those cars belonging to persons using the automated teller machines.
4. 
Sufficient stacking lanes shall be provided associated with drive-thru windows to prevent vehicle backups on adjoining roads. Furthermore each drive-thru lane shall have on-site directional signs, indicator lights or pavement markings identifying the direction of travel and lane status (i.e., open vs. closed).
5. 
Any exterior microphone/speaker system shall be arranged and/or screened to prevent any objectionable noise impact on adjoining properties.
[Ord. 227, 12/18/2006]
1. 
Within the RS, RU and RF Zones, bed-and-breakfasts are permitted by special exception, subject to the following criteria.
2. 
Bed-and-breakfasts shall only be permitted to occupy buildings that have more than 3,000 square feet on the effective date of this chapter. No additions to add habitable floor area after the effective date of this chapter will be eligible for bed-and-breakfast use. No modifications to the external appearance of the building (except fire escapes) which would alter its residential character shall be permitted.
3. 
All floors above the second story and/or below grade shall have a permanently affixed direct means of escape to ground level and a hard-wired smoke alarm.
4. 
One off-street parking space shall be provided for each room available for rent, in addition to those required for the dwelling unit.
5. 
Within the RS Zone, all off-street parking areas shall be set back a minimum of 25 feet from all property lines; and within the RU and RF Zones, they shall be set back at least 10 feet.
6. 
A bed-and-breakfast may erect one sign no larger than 12 square feet in size. Such sign must be set back 10 feet from all lot lines.
7. 
Meals shall be offered only to registered overnight guests.
8. 
The applicant shall furnish evidence that an approved means of sewage disposal and water supply shall be used.
9. 
The applicant shall furnish proof of any needed land development approvals and approval from the Pennsylvania Department of Agriculture.
10. 
All bed-and-breakfasts shall have a full-time manager on the site.
[Ord. 227, 12/18/2006]
1. 
Within the HC, LI and I Zones, billboards are permitted by special exception, subject to the following criteria.
2. 
No billboard shall be located within 1,000 feet of another billboard.
3. 
All billboards shall be a minimum of 50 feet from all side and rear property lines.
4. 
All billboards shall be set back at least 35 feet from any street right-of-way lines.
5. 
All billboards shall be set back at least 100 feet from any land within the RC, RS, RU, RF and MI Zones.
6. 
No billboard shall obstruct the view of motorists on adjoining roads or the view of adjoining commercial or industrial uses which depend upon visibility for identification.
7. 
No billboard shall exceed an overall size of 300 square feet nor exceed 25 feet in height.
[Ord. 227, 12/18/2006]
1. 
Within the RU and RF Zones, boardinghouses are permitted by special exception.
2. 
Minimum lot area: 10,000 square feet.
3. 
The applicant shall furnish evidence that approved systems for sewage disposal and water supply shall be used.
4. 
All floors above the first story and/or below grade shall have a permanently affixed direct means of escape to ground level and a hard-wired smoke alarm.
5. 
One off-street parking space shall be provided for each room available for rent, in addition to those required for the dwelling unit.
6. 
All off-street parking areas shall be set back a minimum of 10 feet and be screened from all adjoining residential property lines.
7. 
Meals shall be offered only to registered tenants.
8. 
All uses must comply with Pennsylvania Department of Labor and Industry requirements.
[Ord. 227, 12/18/2006]
1. 
Within the RC Zone, campgrounds are permitted by special exception, subject to the following criteria.
2. 
Minimum lot area: five acres.
3. 
Setbacks. All campsites shall be located at least 50 feet from any side or rear property line and at least 100 feet from any street line.
4. 
No more than 15 campsites per acre within a campground are permitted, and each campsite shall either provide parking space which will not interfere with the convenient and safe movement of traffic, or equivalent parking shall be provided in a common parking area.
5. 
An internal road system shall be provided with a dust-free surface.
6. 
All outdoor play areas shall be set back 100 feet from any property line and screened from adjoining residentially zoned properties. Such outdoor play areas shall be used exclusively by registered guests and their visitors.
7. 
All campgrounds shall furnish centralized sanitary and garbage collection/recycling facilities that shall be set back a minimum of 100 feet from any property line. Such facilities shall be screened from adjoining residentially zoned properties.
8. 
Any accessory retail or service commercial uses shall be set back a minimum of 100 feet from any property line. Such accessory commercial uses shall be solely designed and constructed to serve the campground's registered guests and their visitors. Any parking spaces provided for these commercial uses shall have vehicular access from the campground's internal road, rather than the public street. All accessory commercial uses and related parking shall be screened from adjoining residentially zoned parcels.
9. 
All campgrounds containing more than 100 campsites shall have direct vehicular access to an arterial or collector street.
10. 
A campground may construct one freestanding or attached sign containing no more than 32 square feet. Any reference to accessory commercial or recreational facilities shall remain secondary in size to the reference of the principal campground use. Such sign shall be set back at least 10 feet from the street right-of-way line and at least 25 feet from adjoining lot lines.
11. 
A minimum of 20% of the gross area of the campground shall be devoted to active and passive recreational facilities. Responsibility for maintenance of the recreation area shall be with the landowner. Should the landowner neglect to maintain the recreation area, the City Council shall then maintain the area and shall assess the landowner for any costs incurred.
12. 
Every campground shall have an office in which shall be located the person responsible for operation of the campground. Such person shall maintain a daily registration log of tenants; such registration log shall be maintained for each calendar year.
13. 
All water facilities, sewage-disposal systems, rest rooms, solid waste disposal, and vector control shall be approved and maintained in accordance with the requirements of the Pennsylvania Department of Environmental Protection (PA DEP).
14. 
All lighting shall be arranged and shielded so that no glare or direct illumination shall be cast upon adjacent properties or public streets.
15. 
Occupancy of a campsite by the same tenant shall be limited to no more than 181 days during any calendar year.
16. 
Upon the proper installation of the campground, the Zoning Officer shall issue a temporary use and occupancy permit. Such permit shall be reviewed every 12 months. A fee, in the amount to be set by the City Council, shall be paid by the landowner upon each renewal of the temporary use and occupancy permit. Such fee shall be based upon the cost of the annual review of the permit.
17. 
Prior to the issuance or renewal of a certificate of use and occupancy, the owner of a campground shall file with, and receive approval by, the City Council of a set of campground regulations.
18. 
Upon due notice, the Zoning Officer may revoke a certificate of use and occupancy for failure by the owner to enforce such regulations, or for the violation of this chapter or other provisions, and the same shall not be reinstated or renewed until satisfactory guarantees of future enforcement are provided.
19. 
All campgrounds must obtain and maintain a permit from the Pennsylvania Department of Health.
[Ord. 227, 12/18/2006]
1. 
Within the HC Zone, car washes are permitted by special exception, subject to the following criteria.
2. 
Public sewer and water facilities shall be utilized, and gray water recycling is required.
3. 
For automatic and self-service car washes, the applicant shall provide sufficient stacking area to ensure that streets are never blocked by patrons' vehicles. The property owner waives their right to appeal a violation of this provision.
[Amended by Ord. No. 314, 11/18/2019]
4. 
For full-service car washes, a post-washing drying area shall be provided for no fewer than six vehicles per washing lane.
5. 
All structures housing washing apparatus shall be set back 100 feet from any street right-of-way line, 50 feet from any rear property line, and 20 feet from any side lot line.
6. 
Trash receptacles shall be provided and routinely emptied to prevent the scattering of litter, and the applicant shall furnish and implement a working plan for the cleanup of litter and debris.
7. 
The subject property shall front on an arterial or collector road.
8. 
The applicant shall demonstrate adequate provision for the collection and disposal of greases and wastes.
9. 
Car wash properties shall be screened from adjoining properties within the RC, RS, RU, RF and MI Zones.
[Ord. 227, 12/18/2006]
1. 
Within the RC Zone, cluster developments are permitted by conditional use, subject to the following criteria.
2. 
Purpose. This conditional use is intended to blend various residential development types amid substantial areas of the City that are characterized by severe development constraint and/or natural sensitivity. It is the express purpose to offer a density bonus and flexible design standards as enabled in the Act for the preservation and protection of natural/cultural features and/or the provision of public accessible common open space. It is further the intent of the City Council to encourage flexibility, economy and ingenuity in the development of tracts within the RC Zone of the City. It is the specific intent of the City Council to permit developers to consider and utilize innovative methods of planning, design, and development.
3. 
The provisions of this § 416 shall be applied by conditional use to lands within the RC Zone. This conditional use shall only be permitted by approval of the City Council and written acceptance by the landowner of all requirements of this section and any valid conditions of approval attached by the City Council.
4. 
The minimum area devoted to a cluster development shall be two acres.
5. 
All proposed dwellings shall be connected to and served by both public water and public sewer utilities.
6. 
Required ratio and permitted densities of housing types. The following table calculates permitted residential structure types and densities within the cluster development based upon the extent of proposed common open space:
Proposed Common Open Space
(percent of total site area)
Percentage of Dwelling Units Required by Structural Type
Single-Family
Duplex
Townhouse or Multiple-Family
No less than 30%
At least 90%
No more than 10%
No more than 10%
31 to 50%
At least 65%
No more than 35%
No more than 35%
51 to 65%
At least 30%
No more than 70%
No more than 70%
65% or more
No more than 100%
No more than 100%
No more than 100%
7. 
Required design standards. Within cluster developments, the maximum permitted residential density is six units per net acre of the site, including common open space. The following table and its footnotes present applicable design standards applied to the various dwellings/lots:
Use
Minimum Lot Area
(square feet)
Maximum Permitted Height
(feet)
Minimum Lot Width at Building Setback/ Frontage
(feet)
Maximum Lot Coverage
Minimum Required Yards
Front4
(feet)
One Side
(feet)
Both Sides
(feet)
Rear5
(feet)
Single-family1
6,000
35
60/(50)
50%
20
6
12
15
Duplex
4,500 per unit
35
45/(40 per unit)
60%
20
10
N/A
15
Townhouse2
1,800
35
18 feet/(18 per unit)
75%
15
15
End units
20
Multiple-family3
43,500
35
150/(200)
60%
25
30
60
35
NOTES:
1.
Within the cluster development, single-family dwellings may employ a zero-lot-line design when the following conditions have been met:
a.
One side wall of the structure may be located no less than one inch from one of the side lot lines when adjoining another zero-lot-line dwelling lot. The opposite side yard shall be least 10 feet wide.
b.
A perpetual five-foot wall-maintenance easement shall be provided on the lot adjacent to the zero-lot-line, which, with the exception of freestanding walls, landscaping and/or fences, shall be kept clear of all structures. This easement shall be shown on the plan and incorporated into each deed transferring title to the property. The wall shall be maintained in its original color and treatment, unless otherwise agreed to, in writing, by the two affected lot owners.
c.
Roof overhangs may penetrate the easement on the adjacent lot a maximum of 24 inches, but the roof shall be so designed that water runoff from the dwelling's place on the lot line is limited to the easement area.
d.
The wall of a dwelling located along a zero-lot-line shall have no openings (e.g., windows, doors, air-conditioning units, vents, etc.) unless such openings are located at least eight feet above grade and have translucent panels.
2.
No townhouse building shall contain more than eight units. For each townhouse building containing more than four units, no more than 60% of such units shall have the same front yard setback; the minimum variation of setback shall be two feet. In addition, no more than two contiguous units shall have identical rooflines that generally parallel the ground along the same horizontal plane. All townhouse buildings shall be set back a minimum of 15 feet from any interior access drive or parking facilities contained on commonly held lands. All townhouse buildings shall be set back at least 30 feet from any perimeter boundary of the development site. In those instances where several townhouse buildings are located on the same lot, the following footnote 3 shall apply.
3.
In those instances where several multiple-family dwelling buildings and/or townhouse buildings are located on the same lot, the following separation distances will be provided between each building:
a.
Front-to-front, rear-to-rear, or front-to-rear, parallel buildings shall have at least 50 feet between faces of the building. If the front or rear faces are obliquely aligned, the above distances may be decreased by as much as 10 feet at one end if increased by a similar or greater distance at the other end.
b.
A minimum yard space of 30 feet is required between end walls of buildings where both end walls contain windows and 20 feet otherwise. If the buildings are at right angles to each other, the distance between the corners of the end walls of the building may be reduced to a minimum of 20 feet.
c.
A minimum yard space of 30 feet is required between end walls and front or rear faces of buildings.
d.
All multiple-family dwelling buildings shall be set back a minimum of 15 feet from any interior access drives or parking facilities contained on commonly held lands.
4.
If the property abuts an arterial road, the minimum front yard setback shall be 40 feet from the right-of-way line. Except for multiple-family dwellings, the minimum front yard setback for accessory residential garages shall be 20 feet.
5.
Where dwellings abut the common open space to the rear, the minimum required rear yard setback shall be reduced to 20 feet.
8. 
Open space design requirements. As specified in § 416, Subsection 6, no less than 30% of the total development site's net acreage shall be devoted to public and open space uses. The following standards shall also be applied to these areas:
A. 
Of the minimum amount of open space required within a cluster development, no less than one-third shall be used for public open spaces, including centralized common greens, such as neighborhood parks, commons, buffers, greenways, and golf courses. The remaining open space may be used for perimeter buffers and conservation areas.
B. 
The location and design of required public open spaces shall be largely determined by a proper site planning process. As part of this process, applicants shall be required to prepare a natural and cultural features inventory of the site.
(1) 
Qualified experts must identify and plot each of the following found on the proposed site:
(a) 
One-hundred-year floodplains.
(b) 
Steep slopes (greater than 15%).
(c) 
Wetlands, streams, ponds, or other water bodies.
(d) 
Sinkholes, caves, vistas, or other significant geologic features.
(e) 
Threatened or endangered species' habitats.
(f) 
Archaeological resources.
(g) 
Historic resources.
(h) 
Significant individual or groups of mature trees.
(2) 
From this inventory and plot, it shall be incumbent upon the applicant to demonstrate that the proposed schematic design of the cluster development minimizes disturbance of but integrates these features to provide a safe and attractive network of common pedestrian paths that link areas within the proposed development. All common pedestrian paths shall consist of an all-weather, durable surface that is at least four feet wide.
C. 
The ownership and maintenance of common open space shall be governed by § 319 of this chapter.
D. 
Areas proposed to be dedicated to the City as public parklands may be located within the common open space, provided that such parkland complies with the following:
(1) 
The site shall be located and designed so that safe and convenient access shall be provided to all existing and proposed inhabitants. Additionally, each shall have at least one area available for vehicular access that is no less than 24 feet in width.
(2) 
The site shall be sized and configured so as to accommodate its intended uses. Sufficient lot width/depth dimension shall be provided so as to accommodate, where practicable, ballfields, courts, and other open play areas. Furthermore, should a development be proposed at a location contiguous to an existing park, parklands shall be provided, where practicable, as an expansion of an existing facility.
(3) 
The site shall have suitable topography and soil conditions for use and development as active play areas. No more than 25% of the regular open space shall be comprised of floodplains, stormwater management facilities, and/or slopes exceeding 3%. Any unimproved site shall be provided with a healthy and vibrant ground cover.
(4) 
The site shall be located and designed to conveniently access proximate public utilities (e.g., sewer, water, power, etc.). However, no part of any overhead utility easement or any aboveground protrusion of an underground utility should be permitted in active play areas of the site.
(5) 
No part of the site shall be calculated as part of any required setback, yard and/or open space for adjoining lots or uses as regulated in this chapter.
[Ord. 227, 12/18/2006]
1. 
Within the CB Zone, commercial day-care facilities are permitted by special exception, subject to the following criteria.
2. 
An outdoor play area shall be provided, at a rate of 65 square feet per individual enrolled. Off-street parking compounds shall not be used as outdoor play areas. Outdoor play areas shall be completely enclosed by a minimum four-foot-high fence. Any vegetative materials located within the outdoor play areas shall not be of a harmful type (poisonous, thorny, allergenic, etc.). All outdoor play areas must provide a means of shade, such as a shade tree(s) or a pavilion(s).
3. 
"Enrollment" shall be defined as the largest number of persons under day-care supervision at any one time during a seven-day period.
4. 
Passenger drop-off and pickup areas shall be provided and arranged so that the passengers do not have to cross traffic lanes on or adjacent to the site.
[Ord. 227, 12/18/2006]
1. 
Within the RC Zone, commercial produce operations are permitted by special exception, subject to the following criteria.
2. 
Minimum lot area: 10 acres.
3. 
Maximum permitted lot coverage: 30%, including all impervious surfaces.
4. 
If applicable, the applicant shall submit written evidence from the appropriate review that the proposed use has an approved nutrient management plan. All subsequent operations and activities shall be conducted in accordance with such plans. If, at any time, the nutrient management plan is amended, the applicant must again submit written evidence of plan approval to the Zoning Officer.
5. 
The applicant shall furnish evidence from the Elk County Conservation District that the proposed use has an approved conservation plan. All subsequent operations and activities shall be conducted in accordance with such conservation plan. If, at any time, the conservation plan is amended, the applicant must again furnish evidence from the Elk County Conservation District that the amended plan has been approved.
6. 
The applicant shall abide by and demonstrate a working knowledge of those methods that will be employed to comply with the above-required nutrient management plan and conservation plan.
7. 
If greenhouses, or other buildings with substantially clear or translucent surfaces, are used, the applicant shall submit information that demonstrates compliance with § 318, Subsection 2, of this chapter.
8. 
Any exhaust or ventilation fans employed shall be oriented and directed away from the closest residence that is not that of the operator. If said fans are within 1,000 feet of the closest subject property line, then the applicant shall construct a dispersion buffer. Such dispersion buffer shall include a vegetative berm that will effectively disperse or redirect fan exhaust so that no direct exhaust velocity is perceptible at any of the subject property lines.
9. 
Any driveway or access drive providing for vehicular access to the proposed use shall be paved and shall maintain a fifty-foot-wide radius for all turns and intersections.
10. 
Any on-site waste storage facilities shall comply with the requirements of § 200, Subsection 2P(3), of this chapter.
11. 
While a commercial produce operation exists, no subdivision or land development that would create an additional principal dwelling unit shall be permitted on the subject property, except that, subject to the limitations of § 200, Subsection 5, additional dwellings may be created for family members of the farm owner or for someone who is involved in the day-to-day farm operations.
12. 
Water.
A. 
The applicant shall submit an analysis of raw water needs (groundwater or surface water) from either private or public sources, indicating the quantity of water required. If the source is from a municipal system, the applicant shall submit documentation that the public authority will supply the water needed.
B. 
In addition, if the facility is to rely upon nonpublic sources of water, a water feasibility study will be provided to enable the City to evaluate the impact of the proposed development on the groundwater supply and on existing wells. The purpose of the study will be to determine if there is an adequate supply of water for the proposed development and to estimate the impact of the new development on existing wells in the vicinity. The water feasibility study shall be reviewed by the City engineers.
C. 
A water system which does not provide an adequate supply of water for the proposed development, considering both quantity and quality, or does not provide for adequate groundwater recharge, considering the water withdrawn by the proposed development, shall not be approved by the City.
D. 
A water feasibility study shall include the following information:
(1) 
Calculations of the projected water needs.
(2) 
A geologic map of the area, with a radius of at least one mile from the site.
(3) 
The location of all existing and proposed wells within 1,000 feet of the site, with a notation of the capacity of all high-yield wells.
(4) 
The location of all existing on-lot sewage disposal systems within 1,000 feet of the site.
(5) 
The location of all streams within 1,000 feet of the site and all known point sources of pollution.
(6) 
A determination of the long-term safe yield based on the geologic formation(s) underlying the site.
(7) 
A determination of the effects of the proposed water supply system on the quantity and quality of water in nearby wells, streams and the groundwater table.
(8) 
A statement of the qualifications and the signature(s) of the person(s) preparing the study.
13. 
All commercial produce operations must comply with applicable stormwater management regulations of the City.
14. 
The applicant shall be required to obtain an approved land development under the SLDO.[1]
[1]
Editor's Note: See Ch. 22, Subdivision and Land Development.
15. 
The applicant shall be required to submit a traffic impact report in accordance with § 320 of this chapter.
16. 
The site shall include one off-street parking space for each employee during the largest work shift.
17. 
The applicant may conduct a roadside stand operation within one of the permanent buildings, but such use shall be limited to no more than 250 square feet of display area.
18. 
All buildings and storage/processing structures shall be set back at least 100 feet from adjoining roads and properties, and all off-street parking and loading spaces, outdoor storage areas and dumpsters shall be set back at least 50 feet and screened from adjoining roads and properties.
19. 
One sign, as provided for in § 315, Subsection 2, shall be permitted.
[Ord. 227, 12/18/2006]
1. 
Within the HC Zone, commercial recreation facilities are permitted by special exception, subject to the following criteria.
2. 
If the subject property contains more than two acres, it shall front on an arterial or collector road.
3. 
Those uses involving outdoor activities shall provide sufficient screening and/or landscaping measures to mitigate any visual and/or audible impacts on adjoining properties. All uses must comply with § 318 of this chapter.
4. 
Structures exceeding the maximum permitted height may be permitted, so long as they are set back from all property lines at least the horizontal distance equal to their height, plus an additional 50 feet. Furthermore, such structures shall not be used for occupancy and must comply with § 231 of this chapter.
5. 
The applicant shall furnish qualified evidence that the proposed use will not be detrimental to the use of adjoining properties due to hours of operation, noise, light, litter, dust, and pollution.
6. 
Required parking will be determined based upon the types of activities proposed and the schedule listed in § 312 of this chapter. In addition, the Council may require an unimproved, grassed, overflow parking area to be provided for peak-use periods. Such overflow parking areas shall be accessible only from the interior driveways of the permanent parking lot. Overflow parking areas shall contain fencing to prevent vehicles from crossing adjoining properties or directly accessing adjoining roads.
7. 
Any booths or other structures used for the collection of admission and/or parking fees shall be set back and arranged to prevent vehicle backups on adjoining roads during peak arrival periods. Any other collection of fees (roaming parking lot attendants) shall be conducted in a manner to prevent vehicle backups on adjoining roads. If, at any time after the opening of the commercial recreation facility, the City Council determines that traffic backups are occurring on adjoining roads, and such backups are directly related to the means of access to the subject property, the City Council can require the applicant to revise the means of access to relieve the undue congestion.
8. 
Any outside pedestrian waiting lines shall be provided with a means of shade.
[Ord. 227, 12/18/2006]
1. 
Within the RC, LI and I Zones, communication towers and equipment that are not co-located upon existing structures are permitted by special exception, subject to the following criteria.
2. 
The applicant shall demonstrate, using technical evidence, that the proposed location is necessary for the efficient operation of the system. All other uses associated with the communication tower, such as a business office, maintenance depot, or vehicle storage, shall not be located on the site, unless the use is otherwise permitted in the zone in which the site is located.
3. 
Any communication tower shall be set back from each property line a distance equal to its height, plus 50 feet. This setback shall also be applicable to guide wire anchors for the communication tower.
4. 
All towers and guide wire anchors shall be completely enclosed by a minimum eight-foot-high fence with a self-locking gate. Any wire on top of the fence shall not be included in the measurement of the height of the fence.
5. 
All ground-mounted satellite dishes that are used to transmit video-format data shall be completely enclosed by a minimum eight-foot-high, non-climbable fence that includes signage warning of dangerous radiation levels. Any gates within the fence shall be locked when unattended.
6. 
The applicant shall demonstrate that the proposed communication tower and support structure is safe and that the surrounding area and roads will not be negatively affected by structure failure, falling ice or other debris, electromagnetic fields, or radio or satellite frequency interference.
7. 
No site shall be located within 500 feet of:
A. 
Any land within the RS, RU, RF or MI Zone.
B. 
The nearest property line of any existing residence.
C. 
The nearest property line of any approved lot which has been subdivided during the last five years for residential purposes, which has not yet been constructed.
D. 
The nearest property line of any lot proposed for residential purposes which has been submitted for preliminary or final subdivision approval.
8. 
The applicant shall submit notice of approval for the proposed installation from the Federal Aviation Administration, the Federal Communications Commission, and any other state and/or federal agencies.
9. 
The applicant shall submit expert testimony that the communication tower is the minimum height required to function satisfactorily and that it complies with § 231 of this chapter.
10. 
The applicant shall submit a plan for the removal of the communication tower when it becomes functionally obsolete or is no longer in use. The owner shall be responsible for the removal of the facility within three months from the date the applicant ceases use of the facility or the facility becomes obsolete.
11. 
In order to reduce the number of tower support structures needed in the City in the future, any proposed support structure shall be designed to accommodate other users, including but not limited to police, fire and emergency services.
12. 
If a tower site is fully automated, two off-street parking spaces shall be required. If the site is not automated, the number of required parking spaces shall equal the number of people on the largest shift, but in any event may not be less than two off-street parking spaces.
13. 
The following landscaping shall be required to screen as much of the support structure as possible, the fence surrounding the support structure, and any other ground-level features (such as a building):
A. 
An evergreen screen shall be required to surround the site. The screen can be either a hedge or a row of evergreen trees. The evergreen screen shall be a minimum height of six feet at planting and shall grow to a minimum of 15 feet at maturity.
B. 
In addition, existing vegetation on and around the site shall be preserved to the greatest extent possible.
14. 
The applicant shall obtain a building permit in accordance with the Building Code[1] prior to commencement of construction or any modification of any communication tower.
[1]
Editor's Note: See Ch. 4, Buildings.
15. 
Communication towers shall be painted with silver or have a galvanized finish retained in order to reduce visual impact. Support structures may be painted green up to the height of nearby trees to lessen visual impact. All support structures shall meet all applicable Federal Aviation Administration regulations. No communication tower may be artificially lighted, except when required by the Federal Aviation Administration, state regulations or by City requirements.
16. 
Lighting shall be required on all towers in excess of 50 feet. The lighting alternatives and design chosen must cause the least disturbance to the surrounding views.
17. 
The minimum lot area shall be one acre.
18. 
All communication towers shall be located at least 1/2 mile from any other communication towers.
19. 
A full site plan, prepared by either a registered surveyor or a professional engineer, with elevations prepared by a professional engineer, shall be required for communication tower sites, showing the communication tower, buildings, fences, buffering, access, and any accessory structures.
20. 
Prior to a certificate of use and occupancy being issued, the applicant shall provide an engineer's certification that the tower is constructed as designed and shall submit the same to the Zoning Officer.
[Ord. 227, 12/18/2006]
1. 
Within the RC Zone, concentrated animal feeding operations are permitted by special exception, subject to the following requirements.
2. 
Any building or area used for the housing, feeding, watering, or running of livestock or poultry shall be set back at least 500 feet from:
A. 
The nearest property line of any existing residence, other than the principal residence of the applicant.
B. 
The nearest property line of any approved lot which has been subdivided during the last five years for residential purposes, which has not yet been constructed.
C. 
The nearest property line of any lot proposed for residential purposes which has been submitted for preliminary or final subdivision approval.
3. 
Any building or area used for the housing, feeding, watering, or running of livestock or poultry shall be set back at least 500 feet from any adjoining properties within the RC Zone and any land within the RS, RU, RF and MI Zones.
4. 
The applicant shall submit a copy of an approval nutrient management plan for the proposed use which has been reviewed and approved by the appropriate reviewing agency. All subsequent operations and activities shall be conducted in accordance with such plans. If, at any time, the nutrient management plan is amended, the applicant must again submit the amended plan to the Zoning Officer.
5. 
The applicant shall furnish evidence from the Elk County Conservation District that the proposed use has an approved conservation plan. All subsequent operations and activities shall be conducted in accordance with such conservation plan. If, at any time, the conservation plan is amended, the applicant must again furnish evidence from the Elk County Conservation District that the amended plan has been approved.
6. 
The applicant shall submit, abide by and demonstrate a working knowledge of written qualified evidence describing those methods that will be employed to:
A. 
Minimize odor on nearby properties. Unless these methods employ the best possible techniques and materials that can be practicably applied to the proposed use, the application will be denied.
B. 
Dispose of dead animals according to the regulations of the Pennsylvania Department of Agriculture. In the event of a catastrophic event in which mass disposal is warranted, the Pennsylvania Department of Agriculture can require whatever disposal methods are deemed appropriate to safeguard animal and public health.
C. 
Comply with the above-required nutrient management plan and conservation plan.
7. 
Any exhaust or ventilation fans employed shall be oriented and directed away from the closest residence that is not that of the operator. If said fans are within 1,000 feet of the closest residence that is not that of the operator, then the applicant shall construct a dispersion buffer between the exhaust of the fan and that residence(s). Such dispersion buffer shall include a vegetative berm that will effectively disperse or redirect fan exhaust so that no direct exhaust velocity is perceptible at the property line.
8. 
Any driveway or access drive providing for vehicular access to the proposed use shall maintain a fifty-foot-wide radius for all turns and intersections.
9. 
Any on-site manure storage facilities shall comply with the requirements of § 200, Subsection 2P(3).
10. 
All buildings used for the housing of livestock shall be fitted with a solid concrete slab or slotted floor.
11. 
The applicant may conduct a roadside stand operation within one of the permanent buildings, but such use shall be limited to no more than 250 square feet of display area.
[Ord. 227, 12/18/2006]
1. 
Within the CB and HC Zones, drive-thru and/or fast-food restaurants are permitted by special exception, subject to the following criteria.
2. 
Exterior trash/recycling receptacles shall be provided and routinely emptied so as to prevent the scattering of litter. All applications shall include a description of a working plan for the cleanup of litter.
3. 
Within the HC Zone, all drive-through window lanes and interior driveways shall be designed to allow the free movement of vehicles simultaneously. The applicant shall provide sufficient stacking area to ensure that streets are never blocked by patrons' vehicles. The property owner waives their right to appeal a violation of this provision. Within the CB Zone, no drive-through lanes are permitted.
[Amended by Ord. No. 314, 11/18/2019]
4. 
Any exterior speaker/microphone and lighting systems shall be arranged and/or screened to comply with § 318 of this chapter. Within the CB Zone, no outside microphone system is permitted.
5. 
All exterior seating/play areas shall be completely enclosed by a minimum three-foot-high fence.
6. 
Within the HC Zone, no part of the subject property shall be located within 200 feet of any land within the RC, RS, RU, RF, or MI Zone.
[Ord. 227, 12/18/2006]
1. 
Within the CB Zone, dry cleaners, laundries and Laundromats are permitted by special exception, subject to the following criteria.
2. 
Public sewer and water shall be used.
3. 
All activities shall be conducted within a completely enclosed building.
4. 
During operation or plant cleanup and maintenance, all windows and doors on walls facing adjoining residential zones shall be kept closed.
5. 
Any exhaust ventilation equipment shall be directed away from adjoining residentially zoned property.
[Ord. 227, 12/18/2006]
1. 
Within the RS Zone, ECHO housing is permitted by special exception, subject to the following criteria.
2. 
The elder cottage may not exceed 900 square feet of floor area, except that an existing accessory structure may be converted for this use, but only during its qualified occupancy.
3. 
The total building coverage for the principal dwelling, any existing accessory structures and the elder cottage together shall not exceed the maximum requirement for the RS Zone.
4. 
The elder cottage shall be occupied by either an elderly (55 years or older) or challenged (mentally, physically, emotionally) person related to the occupants of the principal dwelling by blood, marriage or adoption.
5. 
The elder cottage shall be occupied by a maximum of two people.
6. 
Utilities.
A. 
For sewage disposal and water supply and all other utilities, the elder cottage shall be physically connected to those systems serving the principal dwelling. No separate utility systems or connections shall be constructed or used. All connections shall meet the applicable utility company standards and fees.
B. 
If on-site sewer or water systems are to be used, the applicant shall submit evidence to the Zoning Hearing Board showing that the total number of occupants in both the principal dwelling and the elder cottage will not exceed the maximum capacities for which the one-unit systems were designed, unless those systems are to be expanded, in which case the expansion approvals are to be submitted. Any connection to or addition to an existing on-site sewer system shall be subject to the review and approval of the Sewage Enforcement Officer.
7. 
A minimum of one all-weather, off-street parking space, with unrestricted ingress and egress to the street, shall be provided for the elder cottage, in addition to that required for the principal dwelling.
8. 
Any new elder cottage shall be installed and located only in the side or rear yard and shall adhere to all side and rear yard setback requirements for principal uses.
9. 
Any new elder cottage shall be removed from that property within 90 days after it is no longer occupied by a person who qualifies for the use, and any existing accessory structures must revert to a permitted use.
10. 
Upon the proper installation of the elder cottage, the Zoning Officer shall issue a temporary use and occupancy permit. Such permit shall be reviewed every 12 months, until such time as the elder cottage is required to be removed. A fee, in the amount to be set by the City Council, shall be paid by the landowner upon each renewal of the temporary use and occupancy permit. Such fee shall be based upon the cost of the annual review of the permit.
[Ord. 227, 12/18/2006]
1. 
Within the RS, RU and RF Zones, family day-care facilities are permitted within detached dwellings by special exception, subject to the following criteria.
[Amended by Ord. No. 314, 11/18/2019]
2. 
A family day-care facility shall offer care and supervision to no more than six different persons during any calendar day.
3. 
All family day-care facilities with enrollment of more than three persons shall furnish a valid registration certificate for the proposed use, issued by the Pennsylvania Department of Public Welfare.
4. 
An outdoor play area no less than 100 square feet for each person enrolled shall be provided. Such play area shall not be located within the front yard nor any vehicle parking lot. Outdoor play areas shall be set back at least 10 feet and screened from any adjoining RS-zoned property. A six-foot-high fence shall completely enclose the outdoor play area. Any vegetative materials located within the outdoor area shall be of a non-harmful type (poisonous, thorny, allergenic, etc.). All outdoor play areas must include a means of shade, such as a tree(s) or a pavilion(s).
5. 
Passenger drop-off and pickup areas shall be provided on site and arranged so that passengers do not have to cross traffic lanes on or adjacent to the site.
[Ord. 227, 12/18/2006]
1. 
Within the HC Zone, farmers', antique and/or flea markets are permitted by special exception, subject to the following criteria.
2. 
The retail sales area shall be considered to be that of the smallest rectangle, or other regular geometric shape, which encompasses all display stands, booths, tables or stalls, plus any adjoining aisles and/or walkways from which consumers can inspect items for sale. The retail sales area shall include all indoor and/or outdoor areas as listed above.
3. 
The retail sales area shall be set back at least 20 feet from all property lines and shall be calculated as part of the maximum permitted lot coverage, regardless of its surface treatment.
4. 
Off-street parking shall be provided at the rate of one space per each 200 square feet of retail sales area.
5. 
Off-street loading shall be calculated upon the retail sales area described above and according to the schedule listed in § 313 of this chapter.
6. 
All outdoor display and sales of merchandise shall be completely enclosed within a minimum four-foot-high fence and shall begin no earlier than 6:00 a.m. and be completed no later than official sunset.
7. 
Any exterior amplified public-address system and lighting shall be arranged and designed so as to comply with § 318 of this chapter.
8. 
Exterior trash and recycling receptacles shall be provided amid any outdoor retail sales area. Such trash receptacles shall be routinely emptied so as to prevent the scattering of litter and debris. All applications shall include a description of a working plan for the cleanup of litter.
9. 
Vendors are permitted to park and remain with their vehicles overnight no earlier than one-day prior to, nor later than the next day after, the conduct of a sale. Such parking shall only occur within designated areas that are enclosed within a minimum four-foot-high fence.
10. 
A traffic impact report shall be prepared in accordance with § 320 of this chapter.
[Ord. 227, 12/18/2006]
1. 
Within the RF, CB and HC Zones, funeral homes are permitted by special exception, subject to the following criteria.
2. 
Public sewer and water facilities shall be utilized.
3. 
Sufficient off-street parking shall be provided to prevent traffic backups onto adjoining roads.
4. 
No vehicular access to the site shall be from an arterial road.
5. 
The applicant shall furnish expert testimony that the disposal of human remains, and related chemicals and materials, shall be in accordance with applicable laws and standards.
[Ord. 227, 12/18/2006]
1. 
Within the RC Zone, golf courses are permitted by special exception, subject to the following criteria.
2. 
Golf courses may include the following accessory uses, provided that such uses are reasonably sized and located so as to provide incidental service to the golf course employees and users:
A. 
A clubhouse, which may consist of:
(1) 
Restaurant, snack bar, lounge, and banquet facilities.
(2) 
Locker and rest rooms.
(3) 
Pro shop.
(4) 
Administrative offices.
(5) 
Golf cart and maintenance equipment storage and service facilities.
(6) 
Fitness and health equipment, including workout machines, spas, whirlpools, saunas, and steam rooms.
(7) 
Game rooms, including card tables, billiards, ping-pong, and other similar table games.
(8) 
Babysitting rooms and connected fence-enclosed play lots.
B. 
Accessory recreation amenities located outside of a building, including:
(1) 
Driving range, provided that all lighting shall comply with § 318, Subsection 2, of this chapter.
(2) 
Practice putting greens.
(3) 
Swimming pools.
(4) 
Tennis, platform tennis, handball, racquetball, squash, volleyball, and badminton courts.
(5) 
Bocce ball, croquet, shuffleboard, quoits, horseshoe pits, and washers courses.
(6) 
Picnic pavilions, picnic tables, park benches, and barbecue pits.
(7) 
Hiking, biking, horseback riding, and cross-country ski trails.
(8) 
Playground equipment and play lot games, including four-square, dodgeball, tetherball, and hopscotch.
C. 
Freestanding maintenance equipment and supply buildings and storage yards.
3. 
In no case shall the golf course design, permit or encourage a golf ball to be driven across any building, building lot, parking lot, street, access drive, or driveway.
4. 
All golf course buildings shall be set back 75 feet from any adjoining roads and 100 feet from adjoining residential structures or parcels.
5. 
Golf paths. Golf paths shall be graded so as to discharge stormwater runoff. Surface conditions of paths shall be adequately protected from an exposed soil condition.
A. 
The golf course design shall minimize golf path crossings of streets, access drives and driveways. Easily identifiable golf paths must be provided for crossings of streets, access drives or driveways. The golf course design shall both discourage random crossing and require use of the golf path crossings of streets, access drives and driveways. Golf path crossings shall conform with the following:
(1) 
Each crossing shall be perpendicular to the traffic movements.
(2) 
Only one street, access drive or driveway may be crossed at each location.
(3) 
No crossing is permitted between a point 15 feet and 150 feet from the cartway edge of a street, access drive or driveway intersection.
(4) 
The crossing must be provided with a clear sight triangle of 75 feet, measured along the street, access drive or driveway center line and the golf path center line, to a location on the center line of the golf path five feet from the edge of the roadway. No permanent obstruction over 30 inches high shall be placed within this area.
(5) 
Sight distance. Golf path intersections shall be designed to provide adequate sight distance with regard to both horizontal and vertical alignment. The required sight distance shall be governed by § 305 of this chapter.
(6) 
The golf cart path shall not exceed a slope of 8% within 25 feet of the cartway crossing.
(7) 
Golf path crossings shall be signed, warning motorists and pedestrians and golfers. The surface of the golf path shall be brightly painted with angle stripes.
(8) 
Golf path crossings of collector or arterial streets shall consist of a tunnel or bridge that is not located at street grade. The golf course design shall both prohibit on-grade crossing of collector or arterial streets and require the use of the tunnel. The construction of the collector or arterial roadway crossing of the tunnel shall comply with PennDOT standards.
[Ord. 227, 12/18/2006]
1. 
Within the LI, I and HC Zones, heavy equipment sales, service and/or repair service facilities are permitted by special exception, subject to the following criteria.
[Amended by Ord. 279, 1/21/2013]
2. 
All service and/or repair activities shall be conducted within a completely enclosed building.
3. 
All uses involving drive-thru service shall provide sufficient on-site stacking lanes to prevent vehicle backups on adjoining roads.
4. 
All exterior storage and/or display areas shall be screened from adjoining residentially zoned properties. Within the LI Zone, all exterior storage/display areas shall be set back at least 50 feet from adjoining street lines; and within both zones such areas shall be covered in an all-weather, dust-free surface.
5. 
The storage of junked vehicles, boats, machinery, trucks, trailers, mobile homes, and heavy equipment vehicles, or any parts thereof, on the property is prohibited.
6. 
Any ventilation equipment outlets associated with the service/repair work area(s) shall not be directed toward any adjoining property within the RC, RS, RU, RF or MI Zone.
7. 
All vehicles shall be repaired and removed promptly from the premises.
[Ord. 227, 12/18/2006]
1. 
Within the I Zone, heavy industrial uses not permitted within the LI Zone are permitted by conditional use, subject to the following criteria.
2. 
The applicant shall provide a detailed description of the proposed use in each of the following topics:
A. 
The nature of the on-site processing operations, the materials used in the process, the products produced, and the generation and methods for disposal of any by-products. Evidence shall be provided indicating that the disposal of all materials and wastes will be accomplished in a manner that complies with state and federal regulations. Such evidence shall, at a minimum, include copies of contracts with waste haulers licensed to operate within the county, which have been contracted to dispose of the materials and wastes used, or generated, on site or some other legal means of disposal. The building permit for this use shall remain valid only so long as such contracts remain in effect and all materials and wastes are properly disposed of on a regular basis. Should the nature of the use change in the future, such that the materials used, or wastes generated, change significantly, either in type or amount, the owner shall so inform the Zoning Officer and shall provide additional evidence demonstrating continued compliance with the requirements of this section.
B. 
The general scale of the operation in terms of its market area, specific floor space requirements for each step of the industrial process, the total number of employees on each shift, and an overall needed site size.
C. 
Any environmental impacts that are likely to be generated (e.g., noise, smoke, dust, litter, glare, vibration, electrical disturbance, wastewater, stormwater, solid waste, etc.) and specific measures employed to mitigate or eliminate any negative impacts. The applicant shall further furnish evidence that the impacts generated by the proposed use fall within acceptable levels, as regulated by applicable laws and ordinances.
D. 
A traffic impact report prepared in accordance with § 320 of this chapter.
[Ord. 227, 12/18/2006]
1. 
Within the MI Zone, helistops are permitted by special exception, subject to the following criteria.
2. 
The helistop shall only be used for the emergency transport of patients to or from health-care-related uses permitted in the MI Zone.
3. 
The helistop shall not include auxiliary facilities, such as fueling and maintenance equipment.
4. 
The helistop shall be set back a minimum of 300 feet from any adjoining property and any street. In the event that the helistop use is located on the roof of a building which houses emergency health-care services, the minimum setback requirements for the applicable building shall supersede.
5. 
The applicant must demonstrate compliance, through a written statement, and continue to comply with applicable state and federal standards.
[Ord. 227, 12/18/2006]
1. 
Within the HC Zone, home improvement and building supply stores are permitted by special exception, subject to the following criteria.
2. 
All outdoor storage and display areas (exclusive of nursery and garden stock) shall be screened from adjoining properties.
3. 
If the subject property contains more than two acres, it shall front along an arterial or collector road.
4. 
The retail sales area shall be all areas open for public display, including but not limited to shelves, racks, bins, stalls, tables, and booths, plus any adjoining aisles or walkways from which consumers can inspect items for sale. The retail sales area shall include both interior and exterior areas, as listed above.
5. 
Off-street parking shall be provided at the rate of one space for each 200 square feet of interior retail sales area, plus one space for each 500 square feet of exterior retail sales area.
6. 
All exterior retail sales areas shall include a dust-free surface and a completely enclosed minimum six-foot-high fence.
7. 
(Reserved)[1]
[1]
Editor’s Note: Former Subsection 7, requiring screening of exterior storage and retail sales areas, was repealed by Ord. 279, 1/21/2013.
8. 
The applicant shall furnish expert evidence that any exterior amplified public-address system and/or exterior lighting has been arranged and designed so as to comply with § 318 of this chapter.
9. 
Any drilling, cutting, sawing, mixing, crushing, or some other preparation of building materials, plus any testing or repair of motorized equipment, shall be conducted within a completely enclosed building.
10. 
The applicant shall submit a traffic impact report, as governed by § 320 of this chapter.
11. 
The applicant shall submit a working plan for the collection, recycling and disposal of litter and wastes.
[Ord. 227, 12/18/2006]
1. 
Within the RS, RU and RF Zones, home occupations are permitted by special exception, subject to the following criteria.
2. 
Only single-family, detached and semidetached dwellings may contain a home occupation.
3. 
Only residents may engage in a home occupation.
4. 
Such occupations shall be incidental or secondary to the use of the property as a residence and are limited to those occupations customarily conducted within a dwelling unit.
5. 
At least one off-street parking space, in addition to those required of residence units, shall be required. Within the RS Zone, such parking spaces shall be screened from adjoining properties.
6. 
No goods shall be visible from the outside of the dwelling.
7. 
The area used for the practice of a home occupation shall occupy no more than 25% of the total floor area of the dwelling unit or 500 square feet, whichever is less. All home occupation activities shall be conducted within the dwelling building.
8. 
No manufacturing, repairing, or other mechanical work shall be performed in any open area. Such activity shall be conducted in such a way that no noise, odor, vibration, electromagnetic interference, or smoke shall be noticeable at or beyond the property line.
9. 
No external storage of materials or products shall be permitted. No storage in accessory structures or attached garages shall be permitted.
10. 
The exterior appearance of the structure or premises is constructed and maintained as a residential dwelling.
11. 
One nonilluminated sign, not to exceed four square feet in display area, shall be permitted.
[Ord. 227, 12/18/2006]
1. 
Within the CB Zone, hotels (including related dining facilities) are permitted by special exception, subject to the following criteria.
2. 
Both public sewer and public water shall be utilized.
3. 
The following accessory uses may be approved as part of the conditional use application:
A. 
Auditorium.
B. 
Barber and beauty shops.
C. 
Gift shop.
D. 
Meeting facilities.
E. 
Recreational uses and swimming pools.
F. 
Sauna, spa or steam room.
G. 
Solarium.
H. 
Valet shop.
I. 
Other similar retail sales and personal services.
4. 
The above accessory uses (aside from outdoor recreational uses) shall be physically attached to the main hotel building.
5. 
One restaurant or tavern shall be permitted on the same lot as a principal hotel, subject to the following:
A. 
The proposed restaurant, tavern or nightclub shall offer the preparation and serving of food and drink to be consumed on the premises; no drive-through or take-out services shall be permitted.
B. 
No additional freestanding signs (other than those permitted for the principal hotel use) shall be permitted.
[Ord. 227, 12/18/2006]
1. 
Within the MI Zone, incinerators and autoclaves are permitted by special exception, subject to the following criteria.
2. 
Only the processing of waste generated within the MI Zone in which the facility is located is permitted.
3. 
All processing and storage of waste shall be conducted within a completely enclosed building.
4. 
All storage of waste shall be in a manner that is leak- and vector-proof.
5. 
No storage of waste shall exceed seven days in length.
6. 
The incinerator shall be set back at least a distance equal to its height from all lot lines and the use must demonstrate compliance with § 231 of this chapter.
7. 
The applicant must demonstrate compliance, through a written statement, and continue to comply with all applicable state and federal standards and regulations.
[Ord. 227, 12/18/2006]
1. 
Within the LI and I Zones, junkyards are permitted by conditional use, subject to the following criteria.
2. 
Minimum lot area: two acres.
3. 
The outdoor area devoted to the storage of junk shall be completely enclosed by a ten-foot-high, sight-tight fence which, within the LI Zone, shall be set back at least 100 feet from all property lines.
4. 
Within the LI Zone, all completely enclosed buildings used to store junk shall be set back at least 50 feet from all property lines.
5. 
No material may be stored or stacked so that it is visible from adjoining properties and roads.
6. 
All additional federal and state laws shall be satisfied.
7. 
The setback area between the fence and the lot lines shall be kept free of weeds and all scrub growth.
8. 
All junk shall be stored or arranged so as to permit access by fire-fighting equipment and to prevent the accumulation of water and with no junk piled to a height greater than eight feet.
9. 
No open burning of oil, grease, tires, gasoline, or other similar material shall be permitted at any time.
10. 
Any junkyard shall be maintained in such a manner as to cause no public or private nuisance, nor to cause any offensive or noxious sounds or odors, nor to cause the breeding or harboring of rats, flies or other vectors.
11. 
No junkyard shall be located on land with a slope in excess of 5%.
12. 
The applicant shall submit written evidence that all vehicles shall have all fuels and lubricants drained and properly disposed of prior to storage on the site.
[Ord. 227, 12/18/2006]
1. 
Manufactured home parks complying with all provisions of Chapter 14 of this Code are permitted in the RC, RU, and RF zones by special exception.
[Amended by Ord. 279, 1/21/2013]
2. 
The minimum parcel size for any manufactured home park development shall be five acres.
3. 
The maximum number of manufactured home units shall be limited to seven per acre.
4. 
Each single manufactured home lot shall contain no less than 4,200 square feet and shall be at least 40 feet wide.
5. 
No manufactured home lot shall be within 25 feet of a park boundary nor within 50 feet of an outside street right-of-way. This area shall constitute the manufactured home park boundary area.
6. 
No manufactured home park office or service building shall be located within 30 feet of a park boundary or an outside street right-of-way; nor within 30 feet of the right-of-way of an interior park street or the paved edge of a common parking area or common walkway; nor within 30 feet of an adjacent structure or manufactured home.
7. 
Each manufactured home shall have a minimum front yard of 20 feet, a rear yard of 15 feet, and two side yards of 10 feet each. In no case shall the distance between any two manufactured homes be less than 20 feet.
8. 
A paved on-site walkway of a minimum width of four feet shall be provided to each manufactured home unit from an adjacent street.
9. 
Streets, curbs and sidewalks shall be constructed to City standards for private streets.
10. 
All roads in the park shall be private access drives and shall be paved with a bituminous or concrete surface at least 22 feet wide.
11. 
Each manufactured home lot shall abut on a park access drive with access to such access drive. Access to all manufactured home lots shall not be from public streets or highways.
12. 
Each manufactured home space shall contain no more than one manufactured home nor more than one family.
13. 
No less than 10% of the total manufactured home park area shall be set aside for recreation and open space purposes. Such area may not include any of the required manufactured home park boundary area. No service buildings or offices may be constructed within the required recreation and open space area.
14. 
Each manufactured home stand shall have attachments for waste disposal, water supply facilities and electrical service, and such facilities shall be properly connected to an approved method of sewage disposal and water and electrical supply.
15. 
Protective skirting shall be placed around the area between the stand surface and the floor level of each manufactured home so as to prevent that area from forming a harborage for rodents, creating a fire hazard, or exposing unsightly conditions.
16. 
No recreational vehicle, travel or vacation trailer or other form of temporary living unit shall be placed upon any manufactured home stand or used as a dwelling within the manufactured home park.
17. 
Service and accessory buildings.
A. 
Construction. All service and accessory buildings, including management offices, storage areas, laundry buildings, and indoor recreation areas, shall conform to the requirements of any applicable building code, and such shall be maintained so as to prevent deterioration caused by decay, corrosion, termites, or other destructive elements. Attachments to manufactured homes in the form of sheds and lean-tos are prohibited.
B. 
Manufactured home park office. Every manufactured home park shall have an office on site for the manufactured home park manager. Every manufactured home park containing 15 or more manufactured home spaces shall have a structure designed and clearly identified for such office.
C. 
Storage space. Occupants of each manufactured home unit shall be provided with a minimum of 150 cubic feet of storage space in an individual storage building placed to the rear of each manufactured home.
D. 
Use. Service and accessory buildings located in a manufactured home park shall be used only by the occupants of the same and their guests.
18. 
Each manufactured home shall be provided with a minimum of two paved parking spaces, which shall be located on the manufactured home space. If on-street parking is not provided, one additional off-street parking space per unit shall be provided in a common visitor parking compound. Such visitor parking compounds shall be sized, arranged, and located so that the spaces are within 300 feet, walking distance, to those units served.
19. 
Each manufactured home shall be placed on a six-inch-thick poured-concrete pad over a six-inch stone base, the length and width of which shall be at least equal to the length and width of the manufactured home it is to support. Every manufactured home shall be anchored to the manufactured home pad where it is located prior to the unit being occupied and no more than seven days from the arrival of the manufactured home. The anchoring system shall be designed by a registered professional engineer to prevent tilting of the unit and to resist a minimum wind velocity of 90 miles per hour.
20. 
All manufactured home parks shall be screened from adjoining properties and roads. Screening methods shall be described and graphically depicted as part of the conditional use application.
[Ord. 227, 12/18/2006]
1. 
Within the I Zone, mass transportation depots are permitted by conditional use, subject to the following criteria.
2. 
The applicant shall submit a traffic impact report in accordance with § 320 of this chapter.
3. 
The applicant shall present qualified expert evidence as to how the use will provide for the expected demand for needed off-street parking spaces for the proposed use. In addition, the applicant shall present evidence of the ability to provide additional off-street parking spaces if demand increases. The applicant shall also present credible evidence that the number of oversized off-street parking spaces provided for public transportation vehicles will be adequate to accommodate the expected demand generated by patrons. Any gates or other barriers used at the entrance to parking areas shall be set back and arranged to prevent vehicle backups onto adjoining roads during peak arrival periods.
4. 
The subject property shall have a minimum of 200 feet of road frontage along an arterial road.
5. 
The subject property shall be located no closer than 200 feet from any RC, RS, RU, RF, or MI Zone and/or property containing a school, day-care facility, park, playground, library, hospital, nursing, rest or retirement home, or medical residential campus.
6. 
All structures (including but not limited to air compressors, fuel pump islands, and kiosks) shall be set back at least 50 feet from any street right-of-way line.
7. 
Access driveways shall be a minimum of 24 feet and a maximum of 35 feet wide. All access drives onto the same road shall be set back at least 150 feet from one another, as measured from the closest points of cartway edges.
8. 
Trash and recycling receptacles shall be provided amid off-street parking areas, which shall be routinely emptied. Furthermore, a working plan for the regular cleanup of litter shall be furnished and continuously implemented by the applicant.
9. 
All vehicle service and/or repair activities shall be conducted within a completely enclosed building. No outdoor storage of parts, equipment, lubricants, fuels, or other materials used or discarded in any service or repair operations shall be permitted.
10. 
The outdoor storage of unlicensed and uninspected vehicles is prohibited.
11. 
The applicant shall submit qualified evidence that the proposed use will comply with applicable air quality standards.
12. 
The demolition or junking of vehicles is prohibited. Demolished vehicles and/or parts thereof shall be removed within 30 days after arrival.
13. 
Any exterior public-address system shall be designed and operated so that the audible levels of any messages conveyed over the system will not exceed the ambient noise levels of the use, as measured at each of the property lines.
14. 
The applicant shall furnish evidence that the storage and disposal of materials and wastes will be accomplished in a manner that complies with all applicable state and federal regulations.
[Ord. 227, 12/18/2006]
1. 
Within the I Zone, methadone treatment facilities are permitted by conditional use, subject to the following criteria.
2. 
The subject property of a methadone treatment facility shall be located no less than 500 feet from the property containing any existing school, public playground or park, residential zone, day-care facility, and church, meeting house or other regular place of worship.
[Ord. 227, 12/18/2006]
1. 
Within the RC and I Zones, mining, quarrying and related processing facilities are permitted by conditional use, subject to the following criteria.
2. 
General. Mining operations:
A. 
Shall not substantially injure or detract from the lawful existing or permitted use of neighboring properties.
B. 
Shall not adversely affect any public or private water supply source.
C. 
Shall not adversely affect the logical, efficient and economical extensions of public services, facilities and utilities throughout the City.
D. 
Shall not create any significant damage to the health, safety or welfare of the City and its residents and property owners.
E. 
Shall not result in the land area subject to mining being placed in a condition which will prevent the use of that land for economically and ecologically productive uses upon completion of the mining operation.
F. 
Must demonstrate compliance with all applicable state regulations at all times.
3. 
Site plan requirements. As a part of each application, the applicant shall submit those materials required by Section 7(b) of the Noncoal Surface Mine Conservation and Reclamation Act (Act No. 1984-219),[1] which shall include, at a minimum, an accurately surveyed site plan on a scale no less than 1:2,400 (one inch equals 200 feet), showing the location of the subject property or properties to be affected by the operation. The surveyed site plan shall be certified by a registered professional engineer or a registered professional land surveyor, with assistance from experts in related fields, and shall include the following:
A. 
The boundaries of the proposed land affected, together with the drainage area above and below the subject property.
B. 
The location and names of all streams, roads, railroads, and utility lines on or immediately adjacent to the subject property.
C. 
The location of all buildings within 1,000 feet of the outer perimeter of the subject property and the names and addresses of the owners and present occupants.
D. 
The purpose for which each building is used.
E. 
The name of the owner of the subject property and the names of adjacent landowners, the Municipality, and the County.
[1]
Editor's Note: See 25 Pa. Code, Chapter 209.
4. 
Minimum lot area: 50 acres.
5. 
Fencing.
A. 
Operations that have a highwall, as defined herein, of five feet or higher shall be required to enclose the actual area of mining with a minimum eight-foot-high chain-link fence and like latching gates. Operations with no highwalls, or highwalls of less than 15 feet high, shall be required to enclose the area of mining with a minimum forty-seven-inch-high minimum 11-gauge woven-wire fence that has openings no larger than six inches in any direction and has posts at intervals of no more than 10 feet. All woven-wire fences shall be equipped with latching minimum six-bar tube or panel gates at vehicular access points.
B. 
All gates shall be latched at times when the site is unattended. The City will accept departures from the above-described fence/gate specifications only if the applicant can demonstrate that the proposed fence/gate will achieve an equal or higher level of protection.
C. 
Along all fences, the applicant will be required to post and maintain "No Trespassing" and/or "Danger" signs at intervals of no less than one sign per each 100 linear feet of fence/gate. Such signs shall be no larger than two square feet per sign and shall not be posted higher than five feet above grade. All fences/gates shall be maintained in good condition and shall not be allowed to become deteriorated or unsightly.
D. 
There shall be no advertising placed upon the fencing/gate, except as may be permitted in § 315 of this chapter.
6. 
Setback. The following table identifies minimum setbacks imposed upon specific features of the mining and/or processing uses from adjoining and/or nearby uses.
Mining-Related Feature
Any Occupied Building that is Not Part of the Mining and/or Processing Site
(feet)
RC, RS, RU, RF and MI Zones
(feet)
Adjoining Road
(feet)
Public/ Nonprofit Park
(feet)
Cemetery or Stream Bank
(feet)
Adjoining Property
(feet)
Stockpiles or spoil pipes
300
1,000
100
300
100
100
Mineral processing equipment (e.g., crushers, sorters, conveyors, dryers, etc.)
300
1,000
100
300
100
100
Open mine pit and highwall
300
1,000
100
300
100
100
On-site access roads and off-street parking, loading and vehicle storage and weighing facilities
300
1,000
100
300
100
100
Other operational equipment, structures and/or improvements
300
1,000
100
300
100
100
7. 
Access. Vehicular access shall be provided in accordance with § 311 of this chapter. All access drives serving the site shall have a paved, minimum thirty-five-foot-wide, cartway for a distance of at least 100 feet from the intersecting street right-of-way line. In addition, a fifty-foot-long gravel section of access drive shall be placed just beyond the preceding one-hundred-foot paved section to help collect any mud that may have attached to a vehicle's wheels.
8. 
Reclamation. The applicant shall demonstrate compliance with Section 7(c) of Pennsylvania Act No. 1984-219, as may be amended.[2] The applicant shall provide a detailed description of the proposed use of the site, once reclamation has been completed, including a description of any zoning and/or subdivision approvals or remedies that would be necessary to accommodate the proposed use. A planting plan shall also be required for areas of the reclaimed site that are not to be underwater. Such plan shall demonstrate the covering of the site with sufficient arable soil that can stabilize the site with a vegetative ground cover that prevents excessive soil erosion and will support a mix of indigenous vegetation. Finally, the applicant shall provide written notification to the City within 30 days whenever a change in the reclamation plan is proposed to the PA DEP.
[2]
Editor's Note: See 25 Pa. Code, Chapter 209.
9. 
Screening and landscaping. All uses shall be screened from adjoining roads and properties. Such screening shall be comprised of an earthen berm at least 10 feet in height. Such berm shall be located on the subject property and placed so as to maximize the berm's ability to absorb and/or block views of, and the noise, dust, smoke, etc., generated by, the proposed use. The berm shall be completely covered and maintained in an approved vegetative ground cover. Along any adjoining property line and road shall be located a ten-foot-wide landscape screen. Such landscape screen shall consist of evergreen shrubs and trees arranged to form both a low-level and a high-level screen. The high-level screen shall consist of deciduous and evergreen trees of not less than five feet in height at the time of planting that shall be planted at intervals of not more than 10 feet. The low-level screen shall consist of evergreen trees and shrubs of not less than three feet in height at the time of planting that shall be planted at intervals of not more than five feet. The landscape screen shall be located outside of the fence required by § 441, Subsection 5, of this chapter and must be permanently maintained.
10. 
Operations progress report. Within 90 days after commencement of mining operations, and during the first 30 days of each calendar year thereafter, the operator shall file an operations progress report with the Zoning Officer, setting forth all of the following:
A. 
The name or number of the operation.
B. 
The location of the operation with reference to the nearest public road.
C. 
A description of the subject property or properties, including a site plan showing the location of all improvements, stockpile, quarry pits, etc.
D. 
The name and address of the landowner or his duly authorized representative.
E. 
An annual report of the type and quantity of mineral produced.
F. 
The current status of the reclamation work performed in pursuance of the approved reclamation plan.
G. 
A maintenance report for the site that verifies that all required fencing, signage, and berming has been specifically inspected for needed repairs and/or maintenance and that such needed repairs and/or maintenance have been performed.
H. 
Verification that the proposed use continues to comply with all applicable state and City regulations and any conditions imposed at the time of approval. The operation shall furnish copies of any approved permits and/or any notices of violation issued by the PA DEP.
11. 
Water restoration. In accordance with Section 11(g) of the Pennsylvania Noncoal Surface Mine Conservation and Reclamation Act,[3] any mining/processing operation that affects a public or private water supply due to contamination, interruption, or diminution shall restore or replace the affected water supply with an alternate source of water adequate in quantity and quality for the purposes served by the affected supply.
[3]
Editor's Note: See 25 Pa. Code, Chapter 209.
12. 
Maximum permitted height. No piling of spoiled materials and/or waste materials shall exceed a height of 50 feet above the natural unexcavated grade. Such pilings must be periodically and sufficiently covered with earth and the seed of a year-round ground cover in order to achieve a stable condition. Such use must demonstrate compliance with § 231 of this chapter.
[Ord. 227, 12/18/2006]
1. 
Within the HC, LI and I Zones, mini-warehouses are permitted by special exception, subject to the following criteria.
2. 
Off-street parking spaces shall be provided according to the schedule listed in § 312, Subsection 19, of this chapter.
3. 
Parking shall be provided by parking/driving lanes adjacent to the buildings. These lanes shall be at least 30 feet wide when cubicles open onto one side of the lane only and at least 30 feet wide when cubicles open onto both sides of the lane.
4. 
Required parking spaces may not be rented as or used for vehicular storage. However, internal and external storage area may be provided for the storage of privately owned vehicles, travel trailers and/or boats, so long as any external storage area is screened from adjoining land within the RC, RS, RU, RF, and MI Zones and adjoining roads and is located behind the minimum front yard setback line. This provision shall not be interpreted to permit the outdoor storage of partially dismantled, wrecked, inoperative, unlicensed, or uninspected vehicles.
5. 
The storage of flammable, highly combustible, explosive, or hazardous chemicals is prohibited, unless contained within the fuel tanks of vehicles.
6. 
A resident manager may live on the site. A manager, resident or not, shall be responsible for maintaining the operation of the facility in conformance with the conditions of approval and all applicable ordinances. The actual dwelling of the resident manager shall comply with all of those requirements listed within the RU Zone and shall be entitled to all residential accessory uses provided in this chapter.
7. 
No door openings for any mini-warehouse storage unit shall be constructed facing any property within the RC, RS, RU, RF, and MI Zones.
8. 
These units shall be used solely for dead storage, and no processing, manufacturing, sales, research and development testing, service and repair, or other nonstorage activities shall be permitted.
[Ord. 227, 12/18/2006]
1. 
Within the RC Zone, retail sales of nursery and garden materials are permitted by special exception, subject to the following criteria.
2. 
All greenhouses and nurseries shall have vehicular access to an arterial or collector road.
3. 
The display and sale of items not grown on the premises shall be incidental to the nursery operation. The display area for these items shall not exceed 25% of the total gross display and sales area on the subject property. The display, sale or repair of motorized nursery or garden equipment shall not be permitted.
4. 
All outdoor display areas shall be set back at least 25 feet from the street right-of-way line.
5. 
All improvements (including parking and loading facilities, but not including a freestanding sign) shall be screened from adjoining residentially zoned properties.
6. 
One freestanding or attached sign may be permitted advertising the business. Such sign shall not exceed 12 square feet in size and must be set back at least 10 feet from all lot lines.
[Ord. 227, 12/18/2006]
1. 
Within the RC and RF Zones, nursing, rest or retirement homes are permitted by special exception, subject to the following criteria.
2. 
Minimum lot area: two acres.
3. 
The applicant shall furnish evidence that an approved means of sewage disposal and water supply shall be utilized.
4. 
Off-street parking lots and loading areas shall be screened from adjoining lands within the RC, RS, RU, RF, and MI Zones.
5. 
No more than 18 occupants per acre shall be permitted, excluding the staff of the facility.
[Ord. 227, 12/18/2006]
1. 
Within the RU and RF Zones, office and retail conversions are permitted by special exception, subject to the following criteria.
2. 
Only single-family detached dwellings that existed on the effective date of this chapter and directly adjoin an arterial road may be converted to include a commercial shop, salon or office. Such commercial uses shall be limited to that area of the first floor of the building as it existed on the effective date of this chapter.
3. 
The applicant shall furnish evidence that any alterations, improvements or other modifications proposed to the building will be accomplished in a manner that complements its residential character.
4. 
The applicant shall furnish evidence of an approved means of water supply and sewage disposal.
5. 
The applicant shall obtain any necessary land development approvals.
6. 
All commercial off-street parking and/or loading areas shall be screened from adjoining residences and roads.
7. 
One sign shall be permitted which is no larger than 12 square feet and is affixed to the building.
8. 
The applicant shall demonstrate those measures employed to incorporate shared vehicular access, shared off-street parking and loading, and shared signage with adjoining properties. If the applicant cannot incorporate said features, the applicant shall describe what steps were taken to attempt such design and the specific reasons why the design is impossible and/or impractical. The applicant shall also suggest what measures could be taken by the City to facilitate such a design.
[Ord. 227, 12/18/2006]
1. 
Within the HC Zone, off-track betting parlors are permitted by conditional use, subject to the following criteria.
2. 
An off-track betting parlor shall not be permitted to be located within 1,000 feet of any other off-track betting parlor.
3. 
No off-track betting parlor shall be located within 600 feet of any land within the RC, RS, RU, RF, or MI Zone.
4. 
No off-track betting parlor shall be located within 600 feet of any parcel of land which contains any one or more of the following specified land uses:
A. 
Amusement park.
B. 
Camp (for minors' activity).
C. 
Child-care facility.
D. 
Church or other similar location for religious congregation.
E. 
Community center.
F. 
Museum.
G. 
Park.
H. 
Playground.
I. 
School.
J. 
Other lands where minors congregate.
5. 
The distance between any two off-track betting parlors shall be measured in a straight line, without regard to intervening structures, from the closest point on the exterior parcel line of each establishment. The distance between any off-track betting parlor and any land use specified above shall be measured in a straight line, without regard to intervening structures, from the closest point on the exterior property line of the off-track betting parlor to the closest point on the property line of said land use.
6. 
No more than one off-track betting parlor may be located within one building or shopping center.
7. 
The applicant shall furnish expert evidence that the proposed use will not be detrimental to the use of adjoining properties due to hours of operation, light and/or litter.
8. 
The applicant shall furnish expert evidence as to how the use will be controlled so as to not constitute a nuisance due to noise or loitering outside the building.
9. 
A working plan for the cleanup and recycling of litter shall be furnished and implemented by the applicant.
10. 
Off-street parking shall be provided at the rate of one space per each 65 square feet of gross floor area, including related dining, restaurant and snack bar areas.
11. 
All off-track betting parlors shall comply with the Pennsylvania Horse and/or Harness Racing Commission's Rules and Regulations pertaining to Nonprimary Locations, as defined therein.
[Ord. 227, 12/18/2006]
1. 
Within the CB Zone, outdoor cafes shall be permitted by special exception, subject to the following criteria.
2. 
Outdoor cafes shall only be provided as accessory uses to a principal restaurant or tavern.
3. 
Outdoor cafes located within a front yard shall be enclosed by a three-foot-high fence or wall with a lockable gate.
4. 
Outdoor cafes located within a side and/or rear yard shall be screened from adjoining properties.
5. 
During use, each outdoor cafe must be continuously supervised by an employee or owner of the restaurant.
6. 
Any lighting or music systems serving the outdoor cafe shall be located and designed so as not to constitute a nuisance to adjoining properties.
7. 
The applicant shall furnish and implement a working plan for the continuous cleanup of litter or other debris.
8. 
All outdoor seating shall be removed from the outdoor cafe during seasonal periods when not in use.
[Ord. 227, 12/18/2006]
1. 
Within the RC and I Zones, principal waste-handling, recycling, processing and disposal facilities are permitted by conditional use, subject to the following criteria.
2. 
All principal waste-handling, recycling, processing and disposal facilities for "municipal and residual wastes," as defined by the PA DEP, shall be operated by the Solid Waste Authority of Elk County.
3. 
Any processing and/or treatment of waste (including but not limited to incineration, composting, steaming, shredding, compaction, material separation, refuse-derived fuel, pyrolysis, etc.) shall be conducted within a wholly enclosed building.
4. 
No waste shall be deposited, stored or disposed of, and no building or structure shall be located, within 200 feet of any property line and 500 feet of any adjoining land within the RC, RS, RU, RF, or MI Zone.
5. 
Any external area used for the unloading, transfer, storage, or deposition of waste must be completely screened from view at the property line. (The use of an earthen berm is encouraged where practicable.) In addition, such areas must also be completely enclosed by an eight-foot-high fence with no openings greater than two inches in any direction.
6. 
The applicant must demonstrate compliance (through a written statement) and continue to comply with all applicable state and federal standards and regulations.
7. 
The use shall be screened from all adjoining land within the RC, RS, RU, RF, and MI Zones.
8. 
All uses shall provide sufficiently long stacking lanes into the facility so that vehicles waiting to be weighed and/or unloaded will not back up onto public roads.
9. 
All access drives onto the site shall be paved for a distance of at least 200 feet from the street right-of-way line. In addition, if portions of on-site access drives are unpaved, then a fifty-foot-long gravel section of driveway shall be placed just beyond the preceding two-hundred-foot paved section to help collect any mud that may have attached to a vehicle's wheels.
10. 
Access to the site shall be limited to those posted times when an attendant is on duty. In order to protect against indiscriminate and unauthorized dumping, all areas of the site shall be protected by locked barricades, fences, gates or other positive means designed to deny access to the area at unauthorized times or locations.
11. 
Litter control shall be exercised to prevent the scattering of wind-borne debris, and a working plan for the cleanup of litter shall be submitted to the City.
12. 
The unloading, processing, treatment, transfer, and disposal of waste shall be continuously supervised by a qualified facility operator.
13. 
Any waste that is to be recycled shall be stored in leak- and vector-proof containers. Such containers shall be designed to prevent their being carried by wind or water. These containers shall be stored within a completely enclosed building.
14. 
All storage of waste shall be indoors in a manner that is leak- and vector-proof. During normal operation, no more waste shall be stored on the property than is needed to keep the facility in constant operation; but in no event for more than 72 hours.
15. 
A contingency plan for the disposal of waste during a facility shutdown shall be submitted to the City.
16. 
Leachate from the waste shall be disposed of in a manner in compliance with any applicable state and federal laws or regulations. If leachate is to be discharged to a municipal sewage facility, pretreatment shall be required, and appropriate permits shall be obtained from the applicable agencies and authorities. In no event shall leachate be disposed of in a storm sewer, to the ground, or in any other manner inconsistent with the Department of Environmental Protection's regulations.
17. 
All structures shall be set back at least a distance equal to their height.
18. 
Water.
A. 
The applicant shall submit an analysis of raw water needs (groundwater or surface water), from either private or public sources, indicating quantity of water required. If the source is from a municipal system, the applicant shall submit documentation that the public authority will supply the water needed.
B. 
In addition, if the facility is to rely upon nonpublic sources of water, a water feasibility study will be provided to enable the municipality to evaluate the impact of the proposed development on the groundwater supply and on existing wells. The purpose of the study will be to determine if there is an adequate supply of water for the proposed development and to estimate the impact of the new development on existing wells in the vicinity. The water feasibility shall be reviewed by the City Engineer.
C. 
A water system which does not provide an adequate supply of water for the proposed development, considering both quantity and quality, or does not provide for adequate groundwater recharge, considering the water withdrawn by the proposed development, shall not be approved by the City.
D. 
A water feasibility study shall include the following information:
(1) 
Calculations of the projected water needs.
(2) 
A geologic map of the area, with a radius of at least one mile from the site.
(3) 
The location of all existing and proposed wells within 1,000 feet of the site, with a notation of the capacity of all high-yield wells.
(4) 
The location of all existing on-lot sewage disposal systems within 1,000 feet of the site.
(5) 
The location of all streams within 1,000 feet of the site and all known point sources of pollution.
(6) 
Based on the geologic formation(s) underlying the site, the long-term safe yield shall be determined.
(7) 
A determination of the effects of the proposed water supply system on the quantity and quality of water in nearby wells, streams, and the groundwater table.
(8) 
A statement of the qualifications and the signature(s) of the person(s) preparing the study.
19. 
The applicant shall provide a qualified traffic analysis, as described in § 320 of this chapter.
20. 
Within the RC Zone, a minimum one-hundred-foot-wide landscape strip shall be located along all property lines. No structures, storage, parking, or any other related activity or operation shall be permitted within this landscape strip.
21. 
The applicant shall furnish expert testimony regarding emergency preparedness measures provided and/or otherwise available to respond to potential hazards regarding the spill of waste materials during transport to and from the site and potential hazards regarding fire-fighting of waste materials upon the site.
22. 
No principal waste-disposal facility shall be located within one mile of another, as measured in a straight line between the closest property lines.
[Ord. 227, 12/18/2006]
1. 
Within the LI and I Zones, recycling of paper, plastic, glass, and metal products is permitted by special exception, subject to the following criteria.
2. 
All operations, including collection, shall be conducted within a completely enclosed building.
3. 
There shall be no outdoor storage of materials processed, used or generated by the operation.
4. 
The applicant shall explain the scope of operation and offer expert testimony regarding the measures used to mitigate problems associated with noise, fumes, dust, and litter.
5. 
The applicant will be required to assure regular maintenance of the site to immediately collect stray debris.
[Ord. 227, 12/18/2006]
1. 
Within the RC and I Zones, sawmills are permitted by conditional use, subject to the following requirements.
2. 
No material shall be deposited or stored, and no building or structure shall be located, within 200 feet of any property line and 500 feet of any land within an RC, RS, RU, RF, or MI Zone.
3. 
All uses shall provide sufficiently long stacking lanes into the facility so that vehicles waiting will not back up onto public roads.
4. 
Within the RC Zone, all access drives shall connect with an arterial or collector road and shall be paved for a distance of at least 100 feet from the street right-of-way line. In addition, if portions of on-site access drives are unpaved, then a one-hundred-fifty-foot-long gravel section of driveway shall be placed just beyond the preceding two-hundred-foot paved section, to help collect any mud that may have attached to a vehicle's wheels. The owner and/or operator shall be responsible for removing any mud from public roads caused by persons traveling to and from the site.
5. 
Litter control shall be exercised to prevent the scattering of wind-borne debris, and a working plan for the cleanup of litter shall be submitted.
[Ord. 227, 12/18/2006]
1. 
Within the RC Zone, septage and spent mushroom compost processing and/or commercial mushroom operations are permitted by conditional use, subject to the following criteria.
2. 
Any processing, loading, storage, and packaging operations must be conducted within a completely enclosed building that is leak- and vector-proof.
3. 
The applicant must demonstrate compliance (through a written statement) and continue to comply with all applicable state and federal standards and regulations.
4. 
All uses shall provide sufficiently long stacking lanes into the facility so that vehicles waiting to be weighed or loaded/unloaded will not back up onto public roads.
5. 
All driveways onto the site must be paved for a distance of at least 100 feet from the street right-of-way line. In addition, a one-hundred-fifty-foot-long gravel section of driveway shall be placed just beyond the preceding one-hundred-foot paved section to help collect any mud that may have attached to a vehicle's wheels.
6. 
The unloading, processing and transfer of septage and spent mushroom compost shall be continuously supervised by a qualified facility operator, and such area shall be screened from all roads and adjoining properties.
7. 
Any leachate shall be disposed of in a manner in compliance with any applicable state and federal laws or regulations. If leachate is to be discharged to a municipal sewage facility, appropriate permits shall be obtained from the applicable agencies and authorities. In no event shall leachate be disposed of in a storm sewer, to the ground, or in any other manner inconsistent with the PA DEP regulations.
8. 
Water.
A. 
The applicant shall submit an analysis of raw water needs (groundwater or surface water), from either private or public sources, indicating the quantity of water required. If the source is from a municipal system, the applicant shall submit documentation that the public authority will supply the water needed.
B. 
In addition, a water feasibility study will be provided to enable the City to evaluate the impact of the proposed development on the groundwater supply and on existing wells. The purpose of the study will be to determine if there is an adequate supply of water for the proposed development and to estimate the impact of the new development on existing wells in the vicinity. The water feasibility study shall be reviewed by the City and Authority engineers.
C. 
A water system which does not provide an adequate supply of water for the proposed development, considering both quantity and quality, or does not provide for adequate groundwater recharge, considering the water withdrawn by the proposed development, shall not be approved by the Zoning Hearing Board.
D. 
A water feasibility study shall include the following information:
(1) 
Calculations of the projected water needs.
(2) 
A geologic map of the area, with a radius of at least one mile from the site.
(3) 
The location of all existing and proposed wells within 1,000 feet of the site, with a notation of the capacity of all high-yield wells.
(4) 
The location of all existing on-lot sewage disposal systems within 1,000 feet of the site.
(5) 
The location of all streams within 1,000 feet of the site and all known point sources of pollution.
(6) 
A determination of the long-term safe yield based on the geologic formation(s) underlying the site.
(7) 
A determination of the effects of the proposed water supply system on the quantity and quality of water in nearby wells, streams, and the groundwater table.
(8) 
A statement of the qualifications and the signature(s) of the person(s) preparing the study.
9. 
A minimum one-hundred-foot-wide buffer strip shall be located along all property lines. No structures, storage, parking, or any other related activity or operation shall be permitted within this buffer strip. Any fences or other screening erected on the site must not be located within this buffer strip.
10. 
The applicant shall provide an analysis of the physical conditions of the primary road system serving the proposed use. The analysis shall include information on the current traffic flows on this road system and projections of traffic generated by the proposed use. Improvements to the road shall be provided by the applicant to ensure safe turning movements to and from the site and safe through-movement on the existing road.
11. 
Any structure used for the storage, loading, processing and/or packaging of spent mushroom compost shall be set back at least 300 feet from all property lines and 500 feet from any properties within the RC, RS, RU, RF, or MI Zone. In addition, any ventilation outlets must be oriented away from any land within said zones.
[Ord. 227, 12/18/2006]
1. 
Within the RC Zone, shooting ranges are permitted by conditional use, subject to the following criteria.
2. 
Shooting range operations:
A. 
May not substantially injure or detract from the lawful existing or permitted use of neighboring properties.
B. 
May not substantially damage the health, safety or welfare of the City or its residents and property owners.
C. 
Must comply with all applicable state and local laws, rules and regulations regarding the discharge of a firearm.
D. 
The storage of ammunition shall only occur in an approved secure vault.
E. 
Shall limit the number of shooters to the number of firing points or stations identified on the development plan.
F. 
Shall require all shooters to satisfactorily complete an orientation safety program given in accordance with the Pennsylvania Game Commission or show a valid hunting permit or gun permit before they are allowed to discharge firearms without supervision.
G. 
Shall prohibit the consumption of alcoholic beverages within the area approved as the shooting range.
H. 
Shall limit firing to the hours between one hour after official sunrise and one hour preceding official sunset, unless sufficient lighting is used, in which case all shooting shall cease by 11:00 p.m.
3. 
A development plan shall identify the safety fan for each firing range. The safety fan shall include the area necessary to contain all projectiles, including direct fire and ricochet. The safety fan configuration shall be based upon qualified expert testimony regarding the trajectory of the bullet and the design effectiveness of berms, overhead baffles, or other safety barriers to contain projectiles to the safety fan.
4. 
The firing range, including the entire safety fan, shall be enclosed with a six-foot-high, non-climbable fence to prevent unauthorized entry into the area. Range caution signs with eight-inch-tall red letters on a white background shall be posted at a maximum of one-hundred-foot intervals around the range perimeter. Signs shall read "SHOOTING RANGE AREA, KEEP OUT!"
5. 
Range flags shall be displayed during all shooting activities. Range flags shall be located in a manner visible from entrance drives, target areas, range floor, and the perimeter of the safety fan.
6. 
All surfaces located within the safety fan, including the backstop, overhead baffles, berms, and range floor, shall be free of hardened surfaces, such as rocks or other ricochet-producing materials.
7. 
All shooting range facilities, including buildings, parking, firing range, and safety fan, shall be set back a minimum of 100 feet from the property line and street right-of-way.
8. 
The applicant shall present credible evidence that the sounds of shooting in the nearest residential zone do not exceed the ambient noise level.
9. 
Off-street parking facilities shall be provided with a ratio of 1 1/2 spaces per firing station, but not less than one space for each four seats.
10. 
No part of a shooting range property shall be located within one-quarter mile of any land within an RC, RS, RU, RF, or MI Zone.
[Ord. 227, 12/18/2006]
1. 
Within the HC Zone, shopping centers are permitted by conditional use, subject to the following.
2. 
The subject property shall front on an arterial or collector road, and all access drives shall be set back at least 200 feet from the intersection of any street right-of-way lines.
3. 
Both public sewer and public water utilities shall be required.
4. 
The following tabulates required off-street parking and loading and interior landscaping standards for shopping centers:
Use
Minimum Required Off-Street Parking Spaces Per 1,000 Square Feet of Gross Leasable Floor Area
Minimum Required Interior Landscaping as Described in § 312, Subsection 15B, of this Chapter
Minimum Required Off-Street Loading Spaces
Shopping center, as defined herein, with up to 50,000 square feet of gross floor area
5
5%
1 per 25,000 square feet, or fraction thereof, of gross leasable floor area
Shopping center, as defined herein, with between 50,000 and 100,000 square feet of gross floor area
5
8%
3
Shopping center, as defined herein, with over 100,000 square feet of gross floor area
5
10%
4, plus 1 per 50,000 square feet, or fraction thereof, of gross leasable floor area over 100,000 square feet
5. 
In addition to vehicular access to the property, the applicant shall be required to design and construct pedestrian linkages with adjoining properties, even if they are not yet developed. Such pedestrian linkages shall be located so as to provide safe and convenient access to the shopping center from the nearby areas.
6. 
Any shopping center must provide an improved bus stop which would be conveniently accessible for patrons who would travel to and from the site by bus. Such bus stop must be provided even if current bus service is unavailable along the subject property. Such bus stop shall include a shelter, seating, a waste receptacle, and at least one shade tree.
7. 
A traffic impact report shall be submitted by the applicant, in accordance with § 320 of this chapter.
8. 
Signage shall be permitted in accordance with those regulations of § 315 pertaining to planned centers.
9. 
The proposed shopping center design shall comply with the applicable regulations contained within the following table.[1]
[1]
Editor's Note: The Shopping Center Design Requirements Table is included at the end of this chapter.
[Ord. 227, 12/18/2006]
1. 
Within the I Zone, slaughtering, processing, rendering, and packaging of food products and their by-products are permitted as a conditional use, subject to the following criteria.
[Amended by Ord. 279, 1/21/2013]
2. 
Minimum lot area: five acres.
3. 
The subject site shall have access to a collector or arterial road.
4. 
Public sewer and public water facilities shall be utilized.
5. 
All aspects of the slaughtering, processing, rendering, and packaging operation, excepting the unloading and holding of live animals, shall be conducted within a completely enclosed building.
6. 
All live animals held outside shall be within secure holding pens or runways, sufficiently large to accommodate all animals without crowding, and not located within the front yard.
7. 
The applicant shall furnish a working plan for animal containment and for the recovery of escaped animals which minimizes the potential for animals to enter traffic or cross property lines and which shall be continuously implemented.
8. 
All animal wastes shall be regularly cleaned up and properly disposed of so as not to be objectionable at the site's property line.
9. 
The unloading of live animals from trucks into holding pens and their movement into the plant shall be continuously supervised by a qualified operator, whose responsibility it shall also be to immediately identify and appropriately dispatch any obviously ill or injured animals.
10. 
The unloading of live animals and their movement into the plant shall be conducted in an orderly and calm manner so as to minimize noise levels.
11. 
The loading and unloading of trucks shall be restricted to the hours between 6:00 a.m. and 10:00 p.m.
12. 
No exterior animal holding pens and/or areas devoted to loading/unloading of animals shall be located within 200 feet of any property line nor 500 feet of any land within an RC, RS, RU, RF, or MI Zone.
13. 
All animal holding pens and/or areas used for the loading/unloading of animals shall be screened from all adjoining properties and shall include a minimum fifty-foot-wide landscape strip.
14. 
Sewer and water lines shall not meet within or beneath the plant and shall further be designed and installed to minimize the potential for leakage and contamination by maximizing the separation distance between lines and laying sewer lines at greater depth than water lines.
15. 
Where wastewater pretreatment is required by the EPA or local authority, wastewater shall be kept completely covered at all times to reduce the potential for release of odors. In no event shall wastewater be disposed of in a storm sewer, to the ground, or in any other manner inconsistent with PA DEP regulations.
16. 
Public water supplies shall be tested for water potability prior to approval, and annually thereafter, the results of which shall be regularly submitted to the USDA.
17. 
All unusable animal by-products shall be stored indoors in leak- and vector-proof containers. In the case of slaughtering or processing operations which do not do their own rendering, the applicant shall provide evidence of a written contract with a rendering operation for the daily disposal of such waste products. In no case shall any waste products remain on the site for more than 24 hours.
18. 
The applicant must demonstrate written compliance with, and continue to comply with, all applicable local, state and federal standards and regulations.
19. 
The use shall provide sufficiently long stacking lanes and on-site loading/unloading areas, so that trucks waiting to be loaded/unloaded will not back up onto public roads. No parking or loading/unloading shall be permitted on or along any public road.
20. 
Vehicular access shall be so arranged as to minimize danger and congestion along adjoining roads and to avoid the creation of nuisances to nearby properties. Access drives used by trucks shall only intersect with major collector or arterial roads.
21. 
All access drives onto the site shall have a paved minimum thirty-five-foot-wide cartway for a distance of at least 100 feet from the street right-of-way. In addition, if portions of on-site access drives are unpaved, then a one-hundred-fifty-foot-long gravel section of driveway shall be placed just beyond the preceding two-hundred-foot paved section to help collect any mud that may have attached to a vehicle's wheels.
22. 
The applicant shall furnish a traffic impact report prepared by a professional traffic engineer in accordance with § 320 of this chapter.
[Ord. 227, 12/18/2006]
1. 
Within the LI and I Zones, truck or motor freight terminals are permitted by conditional use, subject to the following criteria.
2. 
The applicant shall furnish a traffic impact report, prepared by a professional traffic engineer, in accordance with § 320 of this chapter.
3. 
The subject property shall have a minimum of 300 feet of road frontage along an arterial and/or collector road.
4. 
The subject property shall be located no closer than 500 feet from any RC, RS, RU, RF, or MI Zone and/or property containing a school, day-care facility, park, playground, library, hospital, nursing, rest or retirement home, or medical residential campus.
5. 
All structures (including but not limited to air compressors, fuel pump islands, and kiosks) shall be set back at least 50 feet from any street right-of-way line. Unless the fuel pump islands are set back 200 feet from the street line, they shall be designed so that, when fueling, trucks must be parallel to the street.
6. 
Access driveways shall be a minimum of 28 feet and a maximum of 35 feet wide. All access drives onto the same road shall be set back at least 150 feet from one another, as measured from the closest points of cartway edges.
7. 
Off-street parking shall be provided at a rate equal to that required for each of the respective uses comprising the truck stop. Any gates or other barriers used at the entrance to parking areas shall be set back and arranged to prevent vehicle backups onto adjoining roads during peak arrival periods.
8. 
All vehicle service and/or repair activities shall be conducted within a completely enclosed building. Outdoor storage of parts, equipment, lubricants, fuels, or other materials used or discarded in any service or repair operations must be screened from adjoining roads and properties.
9. 
The outdoor storage of unlicensed and/or uninspected vehicles is prohibited.
10. 
The demolition or junking of vehicles and machinery is prohibited. Demolished vehicles and/or parts thereof shall be removed within 30 days after arrival.
11. 
Any exterior public-address system shall be designed and operated so that the audible levels of any messages conveyed over the system will not exceed the ambient noise levels of the use, as measured at each of the property lines.
12. 
The applicant shall furnish evidence that the storage and disposal of materials and wastes will be accomplished in a manner that complies with all applicable state and federal regulations.
[Ord. 227, 12/18/2006]
1. 
Within the LI and I Zones, warehousing and wholesale trade establishments are permitted by special exception, subject to the following criteria.
2. 
The applicant shall provide a detailed description of the proposed use in each of the following topics:
A. 
The nature of the on-site activities and operations, the types of materials stored, the frequency of distribution and restocking, the duration period of storage of materials, and the methods for disposal of any surplus or damaged materials. In addition, the applicant shall furnish evidence that the disposal of materials will be accomplished in a manner that complies with state and federal regulations.
B. 
The general scale of the operation, in terms of its market area, specific floor space requirements for each activity, the total number of employees on each shift, and an overall needed site size.
C. 
Any environmental impacts that are likely to be generated (e.g., odor, noise, smoke, dust, litter, glare, vibration, electrical disturbance, wastewater, stormwater, solid waste, etc.) and specific measures employed to mitigate or eliminate any negative impacts. The applicant shall further furnish evidence that the impacts generated by the proposed use fall within acceptable levels, as regulated by applicable laws and ordinances, including but not limited to those listed in § 318 of this chapter.
D. 
A traffic impact report prepared in accordance with § 320 of this chapter.
3. 
The subject property shall be located no closer than 500 feet from any RC, RS, RU, RF, or MI Zone and/or property containing a school, day-care facility, park, playground, library, hospital, nursing, rest or retirement home, or medical residential campus.
4. 
All structures (including but not limited to air compressors, fuel pump islands, and kiosks) shall be set back at least 50 feet from any street right-of-way.
5. 
Access driveways shall be a minimum of 28 feet and a maximum of 35 feet wide. All access drives onto the same road shall be set back at least 150 feet from one another, as measured from the closest points of cartway edges.
6. 
Any gates or other barriers used at the entrance to parking areas shall be set back and arranged to prevent vehicle backups onto adjoining roads during peak arrival periods.
7. 
All vehicle service and/or repair activities shall be conducted within a completely enclosed building. No outdoor storage of parts, equipment, lubricants, fuels, or other materials used or discarded in any service or repair operations shall be permitted.
8. 
The outdoor storage of unlicensed and/or uninspected vehicles is prohibited.
9. 
The demolition or junking of vehicles and machinery is prohibited. Demolished vehicles and/or parts thereof shall be removed within 30 days after arrival.
10. 
The applicant shall designate and reserve sufficient space on the site to accommodate staged or queued vehicles awaiting loading/unloading at a rate of no less than 5% of the projected maximum number of trips per day.
[Ord. 227, 12/18/2006]
1. 
Within the RC Zone, wind farms (as defined herein) are permitted by special exception, subject to the following criteria.
2. 
The applicant shall prepare and submit a narrative and mapping describing the proposed wind farm, including:
A. 
An overview of the project.
B. 
The project location.
C. 
The approximate generating capacity of the wind farm.
D. 
The approximate number, representative types and height or range of heights of wind turbines to be constructed, including their generating capacity, dimensions and respective manufacturers.
E. 
A description of accessory facilities.
F. 
An affidavit or similar evidence of agreement between the property owner(s) and the applicant demonstrating that the applicant has the permission of the property owner(s) to apply for necessary permits for construction and operation of the wind farm.
G. 
A listing and map of the properties on which the proposed wind farm will be located and the properties adjacent to where the wind farm will be located.
H. 
A site plan showing the planned location of each wind turbine, property lines, setback lines, access road and turnout locations, substation(s), electrical cabling from the wind farm to the substation(s), ancillary equipment, buildings, and structures, including permanent meteorological towers, associated transmission lines, and layout of all structures within the geographical boundaries of any applicable setback.
3. 
The applicant shall demonstrate with credible expert evidence that:
A. 
To the extent applicable, the wind farm shall comply with the Pennsylvania Uniform Construction Code, 34 Pa. Code §§ 403.1 — 403.142.
B. 
The design of the wind farm shall conform to applicable industry standards, including those of the American National Standards Institute. The applicant shall submit certificates of design compliance obtained by the equipment manufacturers from Underwriters Laboratories, Det Norske Veritas, Germanischer Lloyd Wind Energies, or other similar certifying organizations.
C. 
Each of the proposed wind turbines shall be equipped with a redundant braking system. This includes both aerodynamic overspeed controls (including variable pitch, tip, and other similar systems) and mechanical brakes. Mechanical brakes shall be operated in a fail-safe mode. Stall regulation shall not be considered a sufficient braking system for overspeed protection.
D. 
All electrical components of the wind farm shall conform to relevant and applicable local, state and national codes and relevant and applicable international standards.
E. 
Wind turbines shall be a non-obtrusive color such as white, off-white, gray or some color similar to the background of the proposed wind turbine.
F. 
Wind turbines shall not be artificially lighted, except to the extent required by the Federal Aviation Administration or other applicable authority that regulates air safety.
G. 
Wind turbines shall not display advertising, other than an incidental insignia of the turbine manufacturer.
H. 
On-site transmission and power lines between wind turbines shall, to the maximum extent practicable, be placed underground.
I. 
A clearly visible warning sign concerning voltage must be placed at the base of all at-grade transformers and substations.
J. 
Visible, reflective, colored objects, such as flags, reflectors, or tape, shall be placed on the anchor points of each guy wire and along each guy wire up to a height of 10 feet from the ground. The applicant shall also submit a working plan for the regular inspection of such guy wires and replacement of any needed flags, reflectors, or tape.
K. 
Wind turbines shall be designed and constructed to be non-climbable up to 15 feet above the ground surface.
L. 
All access doors to wind turbines and electrical equipment shall be locked or fenced, as appropriate, to prevent entry by non-authorized persons.
M. 
Wind turbines shall be set back from the nearest principal building of a property owner who has agreed to locate the proposed wind farm upon his/her property a distance of not less than 50 feet or 1.1 times the wind turbine height, whichever is greater. The setback distance shall be measured from the closest point of the wind turbine base to the nearest point of the principal building.
N. 
Wind turbines shall be set back from the adjoining property line of a property owner who has not agreed to locate the proposed wind farm upon his/her property a distance of not less than 50 feet or 1.1 times the wind turbine height, whichever is greater. The setback distance shall be measured from the closest point of the wind turbine base to the nearest point of the adjoining property line.
O. 
Wind turbines shall be set back from the right-of-way of any street a distance of not less than 50 feet or 1.1 times the wind turbine height, whichever is greater. The setback distance shall be measured from the closest point of the wind turbine base to the nearest point of the street right-of-way.
4. 
The applicant shall be responsible for the prompt repair and maintenance of all roads used to transport equipment and parts for construction, operation or maintenance of the wind farm. The applicant shall prepare an engineering report that documents road conditions prior to construction and again within 30 days after construction is complete or as weather permits. Such reports shall be reviewed by the City Engineer; any discrepancies shall be mediated by a third engineer selected by mutual acceptance by the applicant's and the City's engineers. The applicant shall demonstrate that it has appropriate financial assurance to ensure the prompt repair of damaged roads, and the City may bond the road in compliance with state regulations.
5. 
The applicant shall provide a copy of the project summary and site plan, as required in this § 458, to the City Emergency Management Coordinator. The applicant shall prepare and coordinate the implementation of an emergency response plan for the wind farm acceptable to the City Emergency Management Coordinator prior to the issuance of a zoning permit for the proposed use.
6. 
Audible sound from a wind farm shall not exceed 55 dBA, as measured at the following minimum distances. Methods for measuring and reporting acoustic emissions from the wind farm shall be equal to or exceed the minimum standards for precision described in AWEA Standard 2.1 — 1989, titled "Procedures for the Measurement and Reporting of Acoustic Emissions from Wind Turbine Generation Systems, Volume I: First Tier."
A. 
A distance of not less than 50 feet or 1.1 times the wind turbine height, whichever is greater, from the nearest principal building of a property owner who has agreed to locate the proposed wind farm upon his/her property.
B. 
A distance of not less than 50 feet or 1.1 times the wind turbine height, whichever is greater, from the adjoining property line of property owner who has not agreed to locate the proposed wind farm upon his/her property.
C. 
A distance of not less than 50 feet or 1.1 times the wind turbine height, whichever is greater, from the right-of-way of any street.
7. 
The applicant shall make reasonable efforts to minimize shadow flicker and to avoid any disruption or loss of radio, telephone, television or similar signals. The applicant shall mitigate any such harm caused by the wind farm on any adjoining property whose owner has not agreed to locate the proposed wind farm upon his/her property.
8. 
The applicant shall maintain a current general liability policy covering bodily injury and property damage, with limits of at least $1 million per occurrence and $1 million in the aggregate. Certificates of insurance coverage shall be made available to the City each year that the wind farm operates.
9. 
The applicant shall be responsible for the decommissioning of the wind farm in accordance with the following requirements:
A. 
The applicant shall, at his/her expense, complete decommissioning of the wind farm, or individual wind turbines, within 12 months after the end of the useful life of the wind farm or individual wind turbines. The wind farm or individual wind turbines will presume to be at the end of their useful life if no electricity is generated for a continuous period of 12 months.
B. 
Decommissioning shall include removal of wind turbines, buildings, cabling, electrical components, roads, foundations to a depth of 36 inches, and any other associated facilities.
C. 
Disturbed earth shall be graded and reseeded, unless the landowner requests, in writing, that the access roads or other land surface areas not be restored.
D. 
An independent and certified professional engineer shall be retained to estimate the total cost of decommissioning ("decommissioning costs"), without regard to salvage value of the equipment, and the cost of decommissioning net salvage value of the equipment ("net decommissioning costs"). Said estimates shall be submitted to the City after the first year of operation and every fifth year thereafter.
E. 
The applicant shall post and maintain decommissioning funds in an amount equal to the net decommissioning costs, provided that at no point shall decommissioning funds be less than 25% of decommissioning costs. The decommissioning funds shall be posted and maintained with a bonding company or federal- or commonwealth-chartered lending institution chosen by the facility owner or operator and participating landowner posting the financial security, provided that the bonding company or lending institution is authorized to conduct such business within the commonwealth and is approved by the City.
F. 
Decommissioning funds may be in the form of a performance bond, surety bond, letter of credit, corporate guaranty or other form of financial assurance as may be acceptable to the City.
G. 
If the applicant fails to complete decommissioning within the period prescribed by § 458, Subsection 9A, of this chapter, then the landowner shall have six months to complete decommissioning.
H. 
If neither the applicant nor the landowner complete decommissioning within the periods prescribed by §§ 458, Subsection 9A and G, of this chapter, then the City may take such measures as necessary to complete decommissioning. The entry into and submission of evidence of a participating landowner agreement to the City in accordance with § 458, Subsection 2F, of this chapter shall constitute agreement and consent of the parties to the agreement, their respective heirs, successors and assigns that the City may take such action as necessary to implement the decommissioning plan.
I. 
The escrow agent shall release the decommissioning funds when the applicant has demonstrated and the municipality concurs that decommissioning has been satisfactorily completed or upon written approval of the municipality in order to implement the decommissioning plan.
[1]
Editor's Note: Former § 459, Oil and Gas Operations, added 11/7/2011 by Ord. 269, as amended, was repealed 2/15/2016 by Ord. 296. See now § 459.1.
[Added by Ord. 296, 2/15/2016]
Where well pads for unconventional wells, disposal wells or natural gas compression stations are authorized under this chapter as a special exception use, the proposed use must meet all of the applicable requirements set forth in this section.
1. 
Location and site requirements:
A. 
The well pad, compression station or disposal well shall not be located within any area having a population density at the time of application in excess of 1,086.07 persons per square mile as delineated on the population density map for the City of St. Marys issued by the United States Census Bureau, as from time to time amended;
B. 
No unconventional well bore shall be located closer than 1,250 feet to any occupied structure;
C. 
No compressor or generator used in the drilling or hydraulic fracturing operations of an unconventional well shall be located closer than 1,000 feet to any occupied structure;
D. 
The outer perimeter of the well pad or natural gas compressor station site shall not be closer than 1,000 feet to any occupied structure;
E. 
The outer edge of any used water impoundment shall not be located closer than 1,000 feet to any existing source of potable water serving an occupied structure;
F. 
The foregoing setback requirements may be reduced if the applicant can demonstrate that the topography surrounding the well pad is such that it provides a natural barrier to noise, dust and other adverse impacts to neighboring property;
G. 
The noise level from the well pad site or compression station shall not exceed an average sound level of 65 dbA, or the applicable standard imposed by federal law, whichever is less, measured at the boundary of neighboring properties over the relevant time period established under OSHA regulations for industrial activities in effect at the date of application.
H. 
Setbacks may be reduced by the Zoning Hearing Board upon written consent of all neighboring properties directly impacted by the setback reduction. The Zoning Hearing Board may require the installation of man-made sound barriers in such cases, unless specifically waived by the neighboring property owner.
I. 
Permanent structures on the well pad shall comply with any height restrictions in the Pennsylvania Oil and Gas Act, as from time to time amended,[1] and shall not violate the Airport Safety Zone regulations listed in § 231 of this chapter, unless written approval is received from the City of Saint Marys Airport Authority and the Federal Aviation Administration.
[1]
Editor's Note: See 58 P.S. § 601.101 et seq.
2. 
As part of each application, the applicant shall submit a copy of the plat and any water management plan filed with its well permit application under Section 3211 of the Pennsylvania Oil and Gas Act, 58 Pa.C.S.A. § 3211, as from time to time amended. Unless the plat and water management plan contain the following information, the application shall also include:
A. 
An overall site plan of the project.
B. 
A detailed site plan of the project showing well pad location, access roads, property lines, setback lines, and names and deed references of adjoining surface land owners.
C. 
A description of accessory facilities serving the project.
D. 
Gantt charts for proposed development schedules and site decommissioning projections.
E. 
The site address of the development as determined by the Elk County 911 Emergency Communications System.
F. 
The name, address and telephone number of the applicant's site manager (which information shall be regularly updated by the applicant).
G. 
The well permit and well pad identification numbers.
3. 
For unconventional well pads and disposal well sites, the applicant shall submit a traffic control plan, which shall include:
A. 
All anticipated routes within the City for access to and from the well pad or site;
B. 
Proposed schedule of traffic activity serving the well pad or site, including the estimated level and duration of trucking activities;
C. 
Where identified by the City or the Department of Transportation, a plan for construction of turning lanes or other traffic control devices to alleviate traffic congestion issues on City or state highways;
D. 
A plan for dust control on public highways and nonpublic access roads serving the well pad or site; and
E. 
Installation of signs to discourage or control the use of jake brakes.
4. 
If employees are to be housed on site, the application shall include evidence of permit approval in compliance with Act 537, the Pennsylvania Sewage Facilities Act.[2]
[2]
Editor's Note: See 35 P.S. § 750.1 et seq.
5. 
Applications for natural gas compression stations shall include:
A. 
A plan showing the location of the station site with approximate GPS coordinates;
B. 
A plan for noise abatement; and
C. 
A proposed schedule for installation and removal of the station.
6. 
Development of the well pad site shall apply the following best practices, unless the applicant can demonstrate that the practices are unnecessary or inappropriate:
A. 
Facilities shall be centralized on single sites to minimize disturbances to the natural landscape;
B. 
Where new roads are needed, applicants will design alignments that can serve as new trails or public accesses after the development ceases;
C. 
Applicants shall use existing infrastructure alignments (streets, rights-of-way, power and communication corridors, sewer and water easements and railways) when selecting locations for temporary or permanent horizontal infrastructure;
D. 
The site shall utilize downward-facing lighting infrastructure (except in the case of obstruction lighting) to preserve the dark sky nature of the rural landscape;
E. 
In restoring development sites after decommissioning, the utilization of native species is required, and a random planting scheme is encouraged;
F. 
The transportation of water to and from the site by pipeline is preferred, where feasible;
G. 
Site identification signs shall be posted at the intersection of each access road for an unconventional well pad with each public highway.
7. 
Operational Requirements for Unconventional Well Pads and Disposal Well Sites:
A. 
Each access road shall be paved for a distance of 100 feet from its intersection with each public highway;
B. 
The staging of trucks and equipment shall not be done within 500 feet of any occupied structure;
C. 
The applicant shall maintain continuous dust control on all access roads to prevent a dust nuisance on neighboring properties;
8. 
The procedure for considering a special exemption application is set forth in Part 6 of this chapter.
[Added by Ord. No. 334, 1/16/2023]
Where digital currency mining is allowed by special exception under this chapter, the use shall meet all of the following requirements:
1. 
All activities constituting the use must be conducted within an enclosed building;
2. 
The building shall be set back at least 100 feet from any street or property boundary;
3. 
The sound level measured at the property boundary shall at no time exceed a noise level of 65 dbA, or the applicable standard imposed by federal law, whichever is less, over the relevant time period established under OSHA regulations for industrial activities in effect on the date of application;
4. 
The applicant must produce evidence, certified by a professional engineer, that the proposed use will not have an adverse effect on electrical or digital internet services in the neighborhood or the City.
[Added by Ord. No. 334, 1/16/2023]
Where a community solar energy system (CSES) or a grid-scale solar energy system GSES) is permitted by special exception under this chapter, the use shall meet all of the following requirements:
1. 
All facilities, including solar arrays, must be set back at least 50 feet from every property boundary;
2. 
The use shall not cause any glare to any neighboring properties;
3. 
All on-site utility and transmission lines and piping shall be placed underground to the extent feasible;
4. 
The applicant shall provide written confirmation that the public utility company to which the applicant intends to connect the system has approved the connection;
5. 
In the case of a CSES, the applicant shall submit a copy of all relevant documents establishing the existence of a good faith contract for the purchase or use of the power to be generated by the facility;
6. 
The applicant shall submit a plan for the regular maintenance of the grounds surrounding and within the facility to a condition consistent with the neighborhood which surrounds the facility;
7. 
If the site is to be leased, the applicant shall submit a copy of the lease, with the right to redact all financial information from the documents;
8. 
All structures shall comply with any relevant height limitations within the chapter;
9. 
The applicant shall submit a plan for decommissioning of the facility if no energy is produced from the facility for a continuous period of two years. Decommissioning shall include the removal of all aboveground and underground facilities and the return of the property to its natural state.
10. 
Prior to the approval of any permit, the Zoning Hearing Board may require that the applicant post financial security for decommissioning. The financial security may not exceed the estimated cost of removal of all facilities from the site. The security may consist of an irrevocable letter of credit from a national-recognized financial institution or licensed insurance company authorized to do business in the Commonwealth of Pennsylvania.