A. 
Regulated uses.
(1) 
Legislative findings. The Council finds that:
(a) 
There has been a recent proliferation in certain areas of the state, of certain uses;
(b) 
That the concentration of these uses causes a deleterious effect on the aesthetics and economics of the areas in which theses uses are located;
(c) 
That the concentrations of these uses causes the areas in which these uses have located to become a focus of crime;
(d) 
In order to prevent the deterioration of communities and neighborhoods in the Borough of Milford, and to provide for the orderly, planned future development of the Borough, that in addition to existing zoning regulations, certain additional special regulations are necessary to insure that these adverse effects will not continue to contribute to the blighting or downgrading of surrounding neighborhoods; and
(e) 
For the purpose of controlling the concentration of certain uses, special regulations relating to the location of these uses are necessary.[1]
[1]
Editor's Note: Original Section 801.1B, Definitions, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(2) 
Application. The following uses are designated as regulated uses:
(a) 
Adult bookstores;
(b) 
Adult mini-motion-picture theater;
(c) 
Adult motion-picture theater.
(d) 
Cabaret;
(e) 
Drug paraphernalia store.
(3) 
Prohibited conduct. No regulated use shall be permitted:
(a) 
Within 1,000 feet of any other existing regulated use; and/or
(b) 
Within 500 feet of any residence, or any of the following residentially related uses:
[1] 
Churches, monasteries, chapels, synagogues, convent, rectories, religious article or religious apparel stores;
[2] 
Schools, up to and including the 12th grade, and their adjacent play areas;
[3] 
Public playgrounds, public swimming pools, public parks and public libraries.
(c) 
For the purposes of this section, spacing distances shall be measured as follows:
[1] 
From the property lines of any "regulated use" in § 312-39A(3).
[2] 
From the outward line of boundary of all residential zoning districts.
[3] 
From all property lines of any residentially related use in Subsection A(4)(b).
(4) 
Signs and other visible messages. All regulated uses shall be permitted signs and visible messages based on the allowable sign area of the zoning district in which they are located; provided:
(a) 
Signs.
[1] 
Sign messages shall be limited to verbal description of material or services available of the premises; and
[2] 
Sign messages may not include any graphic or pictorial depiction of material or services available on the premises.
[3] 
Because of the nature of the message all such signs shall be no larger than 50% of the signs permitted for other uses.
(b) 
Other visible messages. Messages which are visible or intended to be visible from outside the property (such as on or within doors or windows) shall not display materials, items, publications, pictures, films or printed material available on the premises; or pictures, films, or live presentation of persons performing or services offered on the premises.
(5) 
Discontinuance of operations. Should any of the regulated uses listed in Subsection A(3), cease or discontinue operation for a period of 90 or more consecutive days, it may not resume, nor be replaced by any other "regulated use" unless it complies with all the requirements set forth in this § 312-39.
[Added 4-4-2016 by Ord. No. 443]
A. 
The farmers' market shall comply with state regulations, including the applicable vendors obtaining a retail food license.
B. 
The property owner where the farmers' market is operating shall obtain an annual permit from the Borough for the operation of the farmers' market, to confirm that the requirements of the initial approval are still being met and that there are no changes in the primary focus of the market.
[Added 8-6-2018 by Ord. No. 456; 3-4-2019 by Ord. No. 459; 6-16-2025 by Ord. No. 501, approved 6-24-2025]
A. 
Purpose.
(1) 
The regulation of smoke shops and tobacco stores is necessary and in the interests of the public health, safety and general welfare because there is the substantial likelihood of the continued establishment and operation of smoke shops and tobacco stores in the Borough of Milford (the Borough).
(2) 
The expansion of smoke shops and tobacco stores in the Borough would result in undesirable impacts to the community. Among these impacts are increased potential for tobacco sales to minors, greater opportunity for the sale of illegal drug paraphernalia that is marketed as tobacco paraphernalia, and heightened risk of negative aesthetic impacts, blight, and loss of property values of residential neighborhoods and businesses in close proximity to such uses.
(3) 
This section contains amendments consistent with good zoning and planning practices to address such negative impacts of smoke shops and tobacco stores while providing a reasonable number of locations and zones for such shops/stores to locate within the Borough of Milford.
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
E-CIGARETTE
Any electronically actuated device or inhaler meant to simulate cigarette smoking that uses a heating element to vaporize a liquid solution, popularly referred to as "juice," and that causes the user to exhale any smoke, vapor, or substance other than that produced by unenhanced human exhalation. The juice used in e-cigarettes typically contains nicotine, and for this reason, e-cigarettes and their juice can be classified as both tobacco products and tobacco paraphernalia.
MIXED-USE ESTABLISHMENT
(1) 
Where a grocery store, supermarket, convenience store or similar market combines an area not greater than 250 square feet or 2% of its retail space, whichever is less, for the display, sale, distribution, delivery, offering, furnishing, or marketing of conventional cigars, cigarettes or tobacco with the sale of other retail products. For the purposes of this section, these mixed-use establishments shall be subject to the restrictions of this section.
(2) 
The display, sale, distribution, delivery, offering, furnishing, or marketing of e-cigarettes or any other tobacco products or tobacco paraphernalia, regardless of square footage used, is subject to the restrictions of this section.
(3) 
The display, sale, distribution, delivery, offering, furnishing, or marketing of Skill Game(s) in conjunction with the sale of tobacco and related items under this section shall be subject to the restrictions set forth in § 312-44 Gambling/betting uses/Skill Game(s)(F).[1]
TOBACCO
Any preparation of the nicotine-rich leaves of the tobacco plant, which are cured by a process of drying and fermentation for use in smoking, chewing, absorbing, dissolving, inhaling, snorting, sniffing, or ingesting by any other means into the body.
TOBACCO PARAPHERNALIA
Any paraphernalia, equipment, device, or instrument that is primarily designed or manufactured for the smoking, chewing, absorbing, dissolving, inhaling, snorting, sniffing, or ingesting by any other means into the body of tobacco, tobacco products, or other controlled substances as defined in the Pennsylvania Controlled Substance, Drug, Device and Cosmetic Act, 35 P.S. § 780-113(a)(33).
TOBACCO PRODUCT
Any product in leaf, flake, plug, liquid, or any other form, containing nicotine derived from the tobacco plant or otherwise derived, which is intended to enable human consumption of the tobacco or nicotine in the product, whether smoked, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means. For the purposes of this section, the term "tobacco product" excludes any product that has been specifically approved by the United States Food and Drug Administration (FDA) for sale as a tobacco/smoking cessation product or for other medical purposes, where such product is marketed and sold solely for such an approved purpose. (Ord. 14-2031 § 6, 2014.)
[1]
Editor's Note: See § 312-44.1, Skill games.
C. 
Zoning and land use standards.
(1) 
Notwithstanding any other provision of this title to the contrary, smoke shops, tobacco stores and mixed-use establishments shall be a conditionally permitted use only in the Commercial Zone.
(2) 
All smoke shops and tobacco stores and mixed-use establishments wishing to operate within the above zone after the effective date of this section must obtain a conditional use permit (CUP). Standard conditions of approval for any CUP shall, at minimum, include the following:
(a) 
No smoking shall be permitted on the premises at any time.
(b) 
No sales may be solicited or conducted on the premises by minors.
(c) 
No self-service tobacco, tobacco product, or tobacco paraphernalia displays shall be permitted.
(d) 
No distribution of free or low-cost tobacco, tobacco products or tobacco paraphernalia, as well as coupons for said items, shall be permitted.
(3) 
Additional zoning and land use standards for smoke shop, tobacco stores and mixed use establishments shall be as follows:
(a) 
Smoke shops, tobacco stores and mixed-use establishments shall not be located within 750 feet, measured property line to property line, from a school (public or private), family day-care home, child-care facility, youth center, community center, recreational facility, park (specifically Ann Street Park and the Milford Ball Field), church or religious institution, hospital, or other similar uses where children regularly gather.
(b) 
Smoke shops, tobacco stores and mixed-use establishments shall not be located within 750 feet, measured property line to property line, from another smoke shop and/or tobacco store and/or mixed-use establishment.
(c) 
It is unlawful for a smoke shop and/or tobacco store to knowingly allow or permit a minor not accompanied by his or her parent or legal guardian to enter or remain within any smoke shop or tobacco store.
(d) 
Smoke shops and tobacco stores shall post clear signage stating that minors may not enter the premises unless accompanied by a parent or legal guardian. At least one such sign shall be placed in a conspicuous location near each public entrance to all such stores. It shall be unlawful for the above-listed stores to fail to display and maintain, or fail to cause to be displayed or maintained, such signage.
D. 
Smoke shops and tobacco stores that are legally existing on the effective date of this section may continue to operate as legal nonconforming uses and shall not be required to obtain a conditional use permit. However, any change or expansion of the legal nonconforming use shall require compliance with this chapter and a conditional use permit.
In addition to all other applicable standards clubs/lodges, private shall comply with the following:
A. 
The club/lodge shall serve a purely social, athletic or community service purpose.
B. 
The club/lodge shall be operated on a membership basis.
C. 
The club/lodge will not cause or create a nuisance to adjoining properties or to its general neighborhood.
A. 
Communication towers. Communication towers are hereby permitted as Class I Conditional Uses in the Limited Commercial and Commercial Districts. All applications for such communications towers shall:
(1) 
Demonstrate a license from the FCC and compliance with all pertinent laws and regulations of the FCC.
(2) 
Demonstrate compliance with all applicable Federal Aviation Administration, Commonwealth Bureau of Aviation and other applicable aircraft related laws and regulations.
(3) 
Demonstrate why the antenna(s) proposed cannot be placed on any existing building, or communication tower with evidence which shall include:
(a) 
Proof of contact with owners of such buildings or towers within a reasonable distance to the proposed site.
(b) 
Proof that the proposed antennas would exceed the structural capacity of such existing structures and that reinforcement cannot be accomplished at a reasonable cost.
(c) 
Proof that the proposed antenna(s) would cause interference with the frequency of other existing equipment on the alternative site and that the interference cannot be eliminated at a reasonable cost.
(d) 
Proof that such alternative structures do not have sufficient location, space, access or height to allow the proposed equipment to perform its intended function.
(e) 
Proof that such alternative site would cause applicable regulations of any local, state, or federal agency to be violated.
(f) 
Proof that a commercially feasible agreement could not be reached to rent the alternative location.
(4) 
Demonstrate access to the communications tower by means of public road or subdivision road to a public road.
(5) 
A communications tower may not be placed on a lot occupied by other principal structures.
(6) 
Demonstrate that the height of the proposed communications tower is the minimum height necessary to perform its function.
(7) 
Demonstrate landscaping adequate to screen the foundation and base as well as any communications building from abutting properties.
(8) 
Demonstrate, through the certification of Pennsylvania-licensed professional engineer that the proposed communication tower is designed and will be constructed in accordance with the current Structural Standards for Steel Antenna Towers and Antenna Supporting Structures, published by the Electrical Industrial Association/Telecommunications Industry Association and applicable requirements of the Milford Borough Building Code, if applicable.
(9) 
Submit proof of insurance for general liability in an amount of not less than $1,000,000 per occurrence covering the proposed tower(s) and antenna(s).
(10) 
Demonstrate that all guy wires shall be clearly marked and located within a fenced enclosure.
(11) 
Demonstrate that the communications tower is to be secured by a fence of at least eight feet to limit accessibility.
(12) 
No signs or lights may be mounted on any tower unless required by the FCC, FAA or other government agency, which has jurisdiction.
(13) 
All communications towers out of use for a period of 12 consecutive months shall be considered abandoned and the owner therefore, after written notice, shall remove same within 90 days of said notice.
B. 
Communication antennas, mounted on existing buildings. Communication antennas, mounted on existing buildings, are hereby permitted, as accessory uses in the Limited Commercial and Commercial Districts.
(1) 
No such antennas shall be mounted on any single family or two-family dwelling.
(2) 
Building-mounted communications antennas shall be permitted to exceed the height limitations in any district in which they are permitted by no more than 20 feet.
(3) 
Any applicant proposing to mount a communications antenna(s) on an existing or proposed building shall submit documentation from a Pennsylvania-licensed professional engineer certifying that the proposed installation will not exceed the structural capacity of the building considering wind and other loads associated with the antenna. Such documents shall include detailed construction and elevation drawings, which must be reviewed and approved by the Borough Engineer.
(4) 
The owner and/or operator of the communications antenna shall be duly licensed for same with the FCC and shall comply with all pertinent regulations governing same.
(5) 
Communications Building shall comply with all setback requirements and regulations for accessory structures for the district in which it is proposed.
C. 
Mini cell towers, antennas and equipment located within a public or private street right-of-way.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(1) 
Communication antennas, towers, and equipment, including mini cell towers or distributed antennae systems (DAS) shall be permitted by Class I Conditional Uses within the rights-of-way of public or private streets only within the Commercial (C) Zoning District and Limited Commercial (LC) Zoning District, if, in addition to other requirements, the Pennsylvania Public Utility Commission has issued a certificate of public convenience for its location; and, provided further, that it shall be determined by the Borough that it shall not interfere with other utilities, visibility, or other matters of public safety. Additionally, the following requirements must be met:
(a) 
Towers and equipment prohibited in areas served by underground utilities.
[1] 
No communications antennas, towers or equipment shall be installed within a public street right-of-way or a private street right-of-way where utility facilities serving lots abutting such street are located underground.
[2] 
Communications antennas, towers and equipment shall be installed only within rights-of-way of streets where there are utility poles and overhead wires existing on January 1, 2018.
(b) 
Co-locations. An application for a new communications tower in a street right-of-way shall not be approved unless the Borough finds that the proposed wireless communications equipment cannot be accommodated on an existing structure, such as a utility pole or traffic light pole. Any application for approval of a communications tower shall include a comprehensive inventory of all existing towers and other suitable structures within a one mile radius from the point of the proposed tower, unless the applicant can show to the satisfaction of the Borough that a different distance is more reasonable, and shall demonstrate conclusively why an existing tower or other suitable structure cannot be utilized.
(2) 
Time, place and manner. The Borough shall determine the time, place and manner of construction, maintenance, repair and/or removal of all communications towers in the public street right-of-way based on public safety, traffic management, physical burden on the public street right-of-way, and related considerations. For public utilities, the time, place and manner requirements shall be consistent with the police powers of the Borough and the requirements of the Public Utility Code.
(3) 
Equipment location. Communications towers and accessory equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic or to otherwise create safety or health hazards to residents, pedestrians and/or motorists, or to otherwise inconvenience the public use of the public street right-of-way as determined by the Borough. In addition:
(a) 
In no case shall ground-mounted equipment, walls, or landscaping be located within 18 inches of the face of the curb.
(b) 
Ground-mounted equipment that cannot be installed underground shall be screened, to the fullest extent possible, through the use of landscaping or other decorative features to the satisfaction of the Borough.
(c) 
All required electrical meter cabinets shall be screened to blend in with the surrounding area to the satisfaction of the Borough.
(d) 
Any graffiti on the tower or on any accessory equipment shall be removed at the sole expense of the owner within 30 business days of notice of the existence of the graffiti.
(e) 
Any underground vaults related to communications towers shall be reviewed and approved by the Borough.
(4) 
Design regulations.
(a) 
The communications antennas and communications tower shall employ the most current stealth technology available in an effort to appropriately blend into the surrounding environment and minimize aesthetic impact. The application of the stealth technology chosen by the applicant shall be subject to the approval by the Borough.
(b) 
Any substantial change to an existing communications tower shall require approval of the Borough.
(c) 
Any proposed communications tower shall be designed structurally, electrically, and in all respects to accommodate both the applicant's antennas and comparable antennae of future users, including antenna for public safety needs by emergency responders.
(d) 
The height of any communications tower shall not exceed 40 feet. Any height extension to an existing communications tower shall require an additional special exception. Guy wires are not permitted. Any communications tower shall be self-supporting.
(5) 
Additional antennae. The applicant shall allow and encourage other service providers to co-locate antennae on communications towers where technically and economically feasible. The owner of a communications tower shall not install any additional antennae without obtaining the prior written approval of the Borough.
(6) 
Relocation or removal of facilities. Within 60 days following written notice from the Borough, or such longer period as the Borough determines is reasonably necessary or such shorter period in the case of an emergency, the owner of a communications tower and/or equipment in the public street right-of-way shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any communications tower and/or equipment when the Borough, consistent with its police powers and applicable Public Utility Commission regulation, shall determine that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:
(a) 
The construction, repair, maintenance or installation of any Borough or other public improvement in the right-of-way.
(b) 
The operations of the Borough or other governmental entity in the right-of-way.
(c) 
Vacation of a street or road or the release of a utility easement.
(d) 
An emergency as determined by the Borough.
(7) 
Compensation for public street right-of-way use. Every communications tower and/or communications equipment in the public street right-of-way is subject to the Borough's right to fix annually a fair and reasonable compensation to be paid for use and occupancy of the public street right-of-way. Such compensation for public street right-of-way use shall be directly related to the Boroughs actual public street right-of-way management costs, including, but not limited to: the cost of administration and performance of all reviewing, inspecting, permitting, supervising and other public street right-of-way management activities by the Borough. The owner of each communications tower, and/or communications equipment shall pay an annual fee to the Borough to be established by an agreement or resolution.
(8) 
The owner and/or lessee of any communication antennas, towers, and equipment located within a public right-of-way shall be required to provide a certificate of insurance to the Borough providing evidence of liability insurance of not less than $1,000,000 and naming the Borough as an additional insured on the policy or policies of the owner and/or lessee.
Gambling and betting uses shall be permitted only in those Districts as specified in the Schedule of Uses and, in addition to all other applicable standards, shall comply with the following requirements:
A. 
Setbacks.
(1) 
Such an establishment shall not be located less than 200 feet from any residential district or any residence and not less than 500 feet from any:
(a) 
Group-care facility.
(b) 
Commercial enterprises catering primarily to persons under 18 years of age.
(c) 
Public or semipublic building or use.
(d) 
Public park or public recreation facility.
(e) 
Health facility.
(f) 
Any establishment that sells alcoholic beverages.
(g) 
Church or synagogue.
(h) 
Public or private school.
(2) 
The distance between any such gambling or betting establishment and any of the protected land shall be measured in a straight line, without regard to intervening structures, from the closest point of the structure in which such establishment is located to the closest point on the property line of such protected land use.
B. 
Parking. Off-street parking shall be provided at the rate of three spaces per each 100 square feet of floor area open to customers of such gambling or betting establishment, including, but not limited to, related dining, restaurant, bar, and snack bar areas, plus one space per each employee on the largest shift.
C. 
Hours of operation. The gambling or betting establishment shall not be open for operation between the hours of 11:00 p.m. and 10:00 a.m.
D. 
Nuisances. The gambling or betting establishment shall ensure that noise from the property shall not reach neighboring properties, and shall not permit loitering outside the establishment; and, a litter control plan shall be established, maintained and paid for by the property owners to ensure that the property shall not become littered.
E. 
Plan. The application shall be accompanied by a preliminary plan containing the information and satisfying the standards as required for a major subdivision under the Borough's Subdivision and Land Development chapter.
[Added 6-16-2025 by Ord. No. 501, approved 6-24-2025]
Skill game(s) shall be permitted only in those districts as specified in the Schedule of Uses and, in addition to all other applicable standards, shall comply with the following requirements:
A. 
Setbacks.
(1) 
Such an establishment shall not be located less than 100 feet from any residential district or any residence and not less than 250 feet from any:
(a) 
Commercial enterprises catering primarily to persons under 18 years of age.
(b) 
Public park or public recreation facility.
(c) 
Any establishment that sells alcoholic beverages.
(d) 
Church or synagogue.
(e) 
Public or private school.
(2) 
The distance between any such gambling or betting establishment and any of the protected land shall be measured in a straight line, without regard to intervening structures, from the closest point of the structure in which such establishment is located to the closest point on the property line of such protected land use.
B. 
Parking. Off-street parking shall be provided at the rate of three spaces per each 100 square feet of floor area open to customers of such skill games establishment, including, but not limited to, related dining, restaurant, bar, and snack bar areas, plus one space per each employee on the largest shift.
C. 
Hours of operation. The skill games establishment shall not be open for operation between the hours of 11:00 p.m. and 10:00 a.m.
D. 
Nuisances. The skill games establishment shall ensure that noise from the property shall not reach neighboring properties, and shall not permit loitering outside the establishment; and, a litter control plan shall be established, maintained and paid for by the property owners to ensure that the property shall not become littered.
E. 
Plan. The application shall be accompanied by a preliminary plan containing the information and satisfying the standards as required for a major subdivision under the Borough's Subdivision and Land Development chapter.[1]
[1]
Editor's Note: See Ch. 265, Subdivision and Land Control.
F. 
Types of uses.
(1) 
Class II Condition Use: Skill game(s) in a sufficient number to allow the simultaneous playing by three or more persons. Skill game(s) under this section shall not be combined with any other use.
(2) 
Mixed Use with a Convenience Store: Skill games in a sufficient number to allow the simultaneous playing by two or more persons.
(3) 
Mixed Use with a Fuel Dispensing Facility: Skill games in a sufficient number to allow the simultaneous playing by two or more persons.
(4) 
Mixed Use with a Smoke Shop and/or Tobacco Store: Skill games in a sufficient number to allow the simultaneous playing by one person.
Self-storage facilities shall comply with the following standards in addition to all other applicable standards of this chapter.
A. 
Bulk requirements. Minimum lot size, lot width and yards, and maximum lot coverage and building height shall conform to District standards. Minimum distance between buildings shall be 20 feet.
B. 
Setback areas. There shall be no storage, use or structure within the setback area, with the exception of the access drive(s).
C. 
Fence. If a fence is proposed or required, the fence shall not exceed eight feet in height and shall be located between the warehouse and any required vegetative screening.
D. 
Storage limitations. No storage unit shall be used for any other purpose except storage and shall not be used for any other type of commercial or manufacturing activity. No material, supplies, equipment or goods of any kind shall be stored outside of the warehouse structure, with the exception of the vehicles required for the operation of the warehouse and boats and recreational vehicles and trailers.
E. 
Lighting. All facilities shall be provided with adequate outdoor lighting for security purposes; and, such lighting shall be so directed as to prevent glare on adjoining properties.
F. 
Fire/water damage. All storage units shall be fire-resistant and water-resistant.
G. 
Materials stored. All self-storage facility proposals shall include detailed information on the nature and quantity of materials to be stored on the premises; and, no hazardous materials shall be permitted. Proposed space rental agreements shall be submitted with the conditional use application and shall provide specific rules and regulations to ensure that the requirements of this § 312-44 are or will be satisfied.
H. 
Habitation. No storage unit shall be used for habitation or residential purposes; and, individual mini-warehouse units shall not be served by a water supply or a sewage disposal system.
Solid waste facilities, including transfer stations, and staging areas, herein referred to as facilities, shall be permitted only in those districts as specified in the Schedule of Uses, and shall, in addition to the other applicable standards in this chapter, be subject to all applicable state and federal regulations and the requirements of this § 312-45.
A. 
Traffic study. The applicant shall provide a traffic study in accord with § 312-38.
B. 
Yards. No part of any facility created after the effective date of this chapter shall be located closer than 100 feet to an existing public right-of-way, property line or stream. The yard areas shall remain unoccupied with no improvements except required fencing and access road(s). A buffer not less than 50 feet in width shall be provided in all yards in accord with § 312-33 of this chapter. Additional buffers and setbacks may be required in accord with this chapter.
C. 
Fencing. All facilities shall be completely enclosed by a chain link fence not less than 10 feet in height. All gates shall be closed and locked when closed for business. The fence and gate shall be maintained in such a manner as not to become unsightly. There shall be no advertising of any kind placed on the fence.
D. 
Environmental assessment. As part of the review process, the Borough may require the applicant to prepare and submit an environmental impact statement pursuant to § 312-34 of this chapter.
E. 
Storage of materials, supplies or solid waste in motor vehicles, truck trailers or other containers normally used to transport materials shall not be permitted. Any solid waste stored for more than three hours shall be stored in an enclosed building. For any facility other than a sanitary landfill, all transfer, loading and unloading of solid waste shall only occur within an enclosed building, and over an impervious surface which drains into a holding tank that is then adequately treated.
F. 
Effluent treatment. The facility shall provide for treatment and disposal for all liquid effluent and discharges generated by the facility due to the storage, loading or unloading, transfer, container or vehicle washing, or other activity undertaken in processing or transporting the solid waste. All such activities shall be conducted only over an impervious surface and all drainage shall be collected for treatment. Any water discharge from the facility after being treated by the wastewater treatment system shall meet all applicable PA DEP and Municipal Authority requirements.
G. 
Dangerous materials. No radioactive, hazardous, chemotherapeutic or infectious materials may be disposed of or stored or processed in any way, except for types and amounts of hazardous substances customarily kept in a commercial business for on-site use. Infectious materials are defined as medical wastes used or created in the treatment of persons or animals with seriously contagious diseases.
H. 
Water quality. The owner of any facility shall be required to monitor the ground and surface water in the vicinity of the facility. Water testing shall be conducted every three months on any stream located on the premises or any stream within 500 feet of any area used for the storage or disposal of solid waste if water drainage from the facility is to said stream. For each testing period two samples shall be collected; one from the stream at a point upstream of the solid waste disposal facility drainage area and one from the stream at a point below the facility drainage area. In addition, the well located on the premises shall also be sampled every three months. The samples shall be collected and analyzed by a certified water analysis laboratory for hydrocarbons or other parameters deemed appropriate by the Borough, and results shall be provided to the Borough. If said samples exceed the limits established by the PA DEP, the facility shall cease operation until such time as the source of the contamination has been identified and corrected.
I. 
Emergency access. The operator of the facility shall cooperate fully with local emergency services. This shall include allowing practice exercises on the site and the provision of all information needed by the emergency services to determine potential hazards. Adequate means of emergency access shall be provided.
J. 
Hours of operation. Under the authority granted to the Borough under State Act 101 of 1988, 53 P.S. § 4000.101 et seq., all such uses shall be permitted to operate only between the hours of 7:00 a.m. to 7:00 p.m. and are not permitted to operate on Sundays, Christmas Eve Day, Christmas Day, New Year's Day, Fourth of July, Labor Day, Memorial Day or Thanksgiving Day. All deliveries of solid waste shall be made during the hours between 7:00 a.m. to 5:00 p.m. and not on Sundays or the above specified holidays.
K. 
Nuisances. Any facility shall be operated in such a manner to prevent the attraction, harborage or breeding of insects, rodents or vectors. The applicant shall prove to the satisfaction of the Council that the use would not routinely create noxious odors off the tract. The operator shall regularly police the area of the facility and surrounding street to collect litter that may escape from the facility or truck. The applicant shall provide documentation to the satisfaction of the Borough that the proposed facility shall operate in such a manner as to not create a general nuisance, endanger the public health, safety, and welfare or inhibit the public's use or enjoyment of their property.
L. 
Attendant and inspections. An attendant shall be present during all periods of operation or dumping. The applicant shall, if granted a conditional use permit, allow access at any time to the facility for inspection by appropriate Borough Officials and provide the Borough with the name and phone number of a responsible person(s) to be contacted at any time in the event of an inspection.
M. 
State and federal regulations and reporting. The operation and day-to-day maintenance of the facility shall comply with all applicable state and federal regulations as a condition of the continuance of any permit of the Borough. Violations of this condition shall also be considered to be violations of this chapter. All solid waste transfer facilities (as defined by this chapter) shall be subject to all requirements of 25 Pa. Code Chapter 279 (as amended), Transfer Facilities, regardless of whether a permit pursuant to said requirement is required. Where a difference exists between applicable State regulations and Borough regulations, it is intended for the purposes of this § 312-45 that the more stringent requirements shall apply. A copy of all written materials and plans that are submitted to PA DEP by the applicant shall be concurrently submitted to the Zoning Officer.
[Added 5-2-2011 by Ord. No. 412]
It is the purpose of this section to eliminate the further construction and operation of outdoor furnaces within the limits of the Borough of Milford for the purpose of securing and promoting the public health, comfort, convenience, safety, welfare and prosperity of the Borough and its inhabitants. It is generally recognized that the types of fuel used, and the scale and duration of burning of such furnaces create noxious and hazardous smoke, soot, fumes, odor, air pollution, particles and other products of combustion that can be detrimental to citizens health and can deprive neighboring residents of the enjoyment of their property or premises. Consideration has been given to the sizes of residential lots within the Borough, the density of structures, the proximity of houses to one another, and the predominance of wooden structures.
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
OUTDOOR FURNACE
Any equipment, device, apparatus, or structure or any part thereof which is installed, affixed, or situated outdoors for the purpose of combustion of any type fuel to produce heat or energy used as a component of heating system providing heat for an interior space or water source. Specifically excepted herefrom is the use of electric generators for temporary use during periods of electric stoppage or lack of access to utility-based power.
B. 
Regulations.
(1) 
After the effective date of this section, outdoor furnaces shall be prohibited and shall not be installed or maintained within the Borough of Milford except as provided herein.
(2) 
Any existing chimney stack shall be at least 20 feet or at least two feet above the roof line of highest structure within 200 feet, whichever is higher when installed. Said chimney stack shall also have a spark arrestor installed on top.
(3) 
This section shall not be construed to be retroactive and shall not require the removal of any outdoor furnace in existence within the Borough of Milford at the effective date of this section.
(4) 
For any existing outdoor furnace primarily designed for burning wood or other solid material, no fuel other than natural wood without additive, wood pellets without additive and agricultural seeds in their natural state may be burned. Processed wood products and other nonwood products, recyclable materials, plastics, rubber, paper products, garbage, and painted or treated wood are prohibited.
(5) 
Outdoor furnaces are prohibited to burn between June 1 and August 31.
(6) 
Outdoor furnaces and associated insulation shall be subjected to inspection by the Zoning Officer and Building Codes Enforcement Officer at any reasonable time to assure compliance with the terms hereof.
(7) 
Any existing outdoor furnace installation is subject to permit provisions of zoning and building code ordinances, and including compliance with all applicable state and federal statutes, including the Environmental Protection Agency (EPA) and the Underwriters Laboratory (UL) listing.
(8) 
Nothing contained herein shall authorize the maintaining of existing installation that is a public or private nuisance, regardless of compliance herewith.
(9) 
If an external (outdoor) fuel burning device or appliance is more than 50% torn down, physically deteriorated, or decayed; any rebuilding or restoration of said external (outdoor) fuel burning device or appliance shall be in violation of this chapter.
(10) 
If any sentence, clause, section, or part of this section is, for any reason found to be unconstitutional, illegal, or invalid, such unconstitutionality, illegality or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses, sections, or parts of the chapter. It is hereby declared as the intent of Borough Council of the Borough of Milford that this section would have been adopted had such unconstitutional, illegal or invalid sentence, clause, section or part thereof not been included herein.
(11) 
This section shall be incorporated into and be part of the Zoning Ordinance of the Borough of Milford effective immediately.
In addition to all other applicable standards, treatment centers/clinics, medical offices, and health facilities, including, but not limited to, hospital facilities and nursing and adult homes, whether publicly or privately operated, shall comply with the following requirements:
A. 
Waste disposal. Details shall be provided by the applicant about the types and amount of medical and hazardous waste anticipated to be generated at the facility and how such waste will be handled, stored and disposed of in accord with state and federal requirements.
B. 
Treatment centers/clinics. The following additional standards shall apply to treatment centers/clinics:
(1) 
In order to provide an adequate buffer area for adjoining private property owners the site shall contain a minimum of one acre.
(2) 
The building and all secure areas shall not be less than 200 feet from any:
(a) 
Residence.
(b) 
Group-care facility.
(c) 
Commercial enterprises catering primarily to persons under 18 years of age.
(d) 
Public or semipublic building or use.
(e) 
Public park or public recreation facility.
(f) 
Health facility.
(g) 
Church or synagogue.
(h) 
Public or private school.[1]
[1]
Editor's Note: Original Section 853.2C, regarding provision of a security plan, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(3) 
A perimeter security fence, of a height and type determined by the Borough, may be required.
(4) 
Methadone treatment facilities, as defined by § 10621(d) of the Pennsylvania Municipalities Planning Code, shall, in addition to the other requirements of this § 312-48B(4) comply with the requirements of § 10621 of the Pennsylvania Municipalities Planning Code.
A. 
Fuel dispensing facilities and vehicle repair operations. In addition to all other applicable standards, fuel dispensing facilities and vehicle repair operations shall comply with the following:
(1) 
No vehicle repair operation accommodating more than five vehicles and no filling station will be located or will have any entrance or exist within 200 feet of the entrance or exit to a public or parochial school, private school, public library, theater, assembly hall, church, hospital, semipublic institution, public park, playground, or firestation; and
(2) 
All vehicle repair operation or fuel dispensing facility shall be so arranged and all gasoline pumps shall be so placed as to permit all services to be rendered entirely within the lot lines. No gasoline or oil pump shall be placed within 15 feet of any street line, or side lot line, or within 20 feet of any residential district boundary line.
B. 
Car and truck wash facilities. In addition to all other applicable standards, all car and truck wash facilities shall be subject to the following:
(1) 
The principal building housing the said facility shall be set back a minimum of 60 feet from the road or street right-of-way line and 30 feet from the side or rear property lines.
(2) 
Appropriate facilities for the handling of wastewater from the washing activities shall be provided, including the prevention of water being dripped onto the adjoining road or street from freshly washed vehicles during periods of freezing weather.
(3) 
The facility shall have adequate means of ingress and egress to prevent adverse effects to either vehicular or pedestrian traffic. When a wash facility occupies a corner lot, the access driveways shall be located at least 75 feet from the intersections of the front and side street right-of-way lines.
(4) 
The site shall be sufficiently large to accommodate vehicles awaiting washing during peak periods, but in no case shall the waiting area for each stall accommodate less than three automobiles.
(5) 
Any wash facility located within 200 feet of any residential district shall not operate between the hours of 9:00 p.m. and 7:00 a.m.