Borough of Mount Pocono, PA Article VIII Standards for Specific Uses

§ 215-42 Adult businesses.

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

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

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

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

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

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

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

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

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

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

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

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

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

B. Intent. It is the intent of this § 215-42 to:

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

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

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

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

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

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

C. Special exceptions. Adult businesses are classified as special exceptions in certain districts, which provides a suitable area for the development of such uses away from areas designated for residential development.

D. Petition required. The applicant shall present to the Zoning Hearing Board a petition which indicates approval of the proposed use by 51% of the persons owning, residing or doing business within a radius of 500 feet of the location of the proposed use. The applicant shall have attempted to contact all eligible locations within this radius and must supply a list of all addresses at which no contact was made. The circulator of the petition shall subscribe to an affidavit attesting to the fact that the circulator personally witnessed the signatures on the petition and the same were affixed to the petition by the persons whose names appear thereon.

E. Standards. In addition to the other applicable general standards in this chapter, the following standards shall apply to adult businesses:

(1) Setback. Adult businesses shall not be located less than:

(a) One hundred feet from any public road right-of-way or any property line unless the standards in Subsection E(1)(b) below require larger setbacks;

(b) Five hundred feet from any:

[1] Residence.

[2] Group care facility.

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

[4] Public or semipublic facility or use.

[Amended 12-2-2013 by Ord. No. 5-2013]

[5] Public park or public recreation facility.

[6] Health facility.

[7] Any establishment that sells alcoholic beverages.

[8] Church or synagogue.

[9] Public or private school.

(2) Similar businesses. Adult businesses shall not be located within 1,000 lineal feet of any existing adult business.

(3) Measurement. The setback distances established in this § 215-42E shall be as measured from the nearest edge of the building used for the subject use, measured in a straight line (without regard to intervening structures or objects) to the nearest lot line of the premises of a use from which the required setback applies.

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

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

(6) Nonconformity. Any adult business lawfully operating on the date of adoption of this chapter that is in violation of any of the provisions of this § 215-42 shall be deemed a nonconforming use. Such nonconforming uses shall not be increased, enlarged, altered or extended, except as permitted in Subsection E(4) above. The use may be changed to a conforming use. However, under no circumstances shall a nonconforming use as defined and regulated by this chapter be changed to any type of adult business.

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

(8) Buffer. A buffer not less than 40 feet in width shall be provided on side and rear lot lines in accord with § 215-35B.

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

(10) Exemption for modeling class. It is a defense to prosecution under this § 215-42 that a person appearing in a state of nudity did so in a modeling class operated:

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

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

(c) In a structure:

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

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

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

(d) By an organization which qualifies under § 501(c)(3) of the U.S. Internal Revenue Code as a nonprofit organization or foundation.

§ 215-43 (Reserved) [1]

[1] Editor's Note: Former § 215-43, Agricultural uses; crop production and livestock operations, was repealed 12-2-2013 by Ord. No. 5-2013.

§ 215-44 Amusement parks.

In addition to all other applicable standards of this chapter, amusement parks shall be subject to the following standards:

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

B. Fencing. A fence not less than six feet in height and of such design to restrict access shall completely surround the amusement park.

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

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

§ 215-45 Keeping of animals.

A. Animal shelters, kennels and veterinary clinics with outdoor facilities. In addition to all other applicable standards of this chapter, animal shelters, kennels and veterinary clinics with outdoor facilities shall be subject to the following standards.

[Amended 12-2-2013 by Ord. No. 5-2013]

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

(2) Setbacks. Any structure used for the keeping of dogs shall not be less than:

(a) One hundred feet from any road right-of-way.

(b) One hundred twenty-five feet from any property line.

(c) Two hundred feet from any existing principal structure not located on the kennel premises.

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

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

(5) Nuisances. All animal and other wastes shall be stored in an area meeting the setbacks in Subsection A(2) above and shall be disposed of properly in accord with a plan submitted by the applicant for approval by the Borough. The facility shall not create any nuisance due to odor, noise, dust or other factor on any neighboring property.

B. Stables, private. Private stables shall be prohibited in the Borough.

C. Stables, commercial and horses for hire. Commercial stables shall be prohibited in the Borough.

D. Zoos, menageries, and wild and exotic animals. Zoos, menageries, and wild and exotic animals shall be prohibited in the Borough.

E. Livestock operations and the keeping of livestock. Livestock operations and the keeping of livestock shall be prohibited in the Borough.

[Added 12-2-2013 by Ord. No. 5-2013]

§ 215-46 Bulk fuel storage facilities.

A. In addition to all other applicable standards, bulk fuel storage facilities shall be subject to the specific regulations and requirements in this section and shall be permitted only in those districts as specified in the Schedule of Uses.[1] The Borough shall establish such other conditions as increased setbacks and construction of dikes as necessary to protect the public health, safety, and welfare.

[1] Editor's Note: Said schedule is an attachment to this chapter.

B. Parcel size. Bulk fuel storage facilities shall be located on a tract of land not less than three acres in area.

C. Setbacks. Storage tanks shall be located not less than 150 feet from any property line or any road or street right-of-way line and not less than 500 feet from any dwelling, school, place of worship or other public or semipublic facility or use. Cylinder filling rooms, pumps, compressors and truck-filling stations shall be located not less than 200 feet from any property line and not less than 150 feet from any road or street right-of-way line.

[Amended 12-2-2013 by Ord. No. 5-2013]

D. Fence. The total tank storage area shall be entirely fenced with an eight-foot-high industrial-type security fence or have an equivalent protection barrier approved by the Borough.

E. Other regulations. Bulk fuel storage facilities shall be developed in complete compliance with all applicable local, state, federal and insurance regulations and requirements.

§ 215-46.1 Bus shelters.

[Added 12-2-2013 by Ord. No. 5-2013]

In addition to all other applicable requirements, the following standards shall apply to bus shelters.

A. Type allowed. Bus shelters shall be owned and maintained by the Pocono Mountain School District or the Monroe County Transit Authority (MCTA). Shelters with any other ownership shall be prohibited.

B. Structure and size. A bus shelter shall be considered a structure and shall not exceed 10 feet in height, 16 feet in width or eight feet in depth.

C. Road setback. The shelter shall be located at least 15 feet from any public or private road cartway. The shelter shall be located so that it will not impede any future maintenance procedures for the cartway, shoulders or drainage facilities.

D. School use. If the shelter is to be used by school children, a letter from the transportation director of the Pocono Mountain School District stating approval of the location and access facilities shall be provided.

E. Signs. Signs on a bus shelter shall not be permitted except for official school district or MCTA signs not exceeding a total surface area of 10% of the wall to which it is affixed.

§ 215-47 (Reserved) [1]

[1] Editor's Note: Former § 215-47, Commercial communication devices (CCD), was relocated, with amendments, to § 215-58.1, Wireless communication facilities (WCF), 3-6-2017 by Ord. No. 2-2017.

§ 215-47.1 Convenience stores.

[Added 12-2-2013 by Ord. No. 5-2013]

A. Gasoline pumps and other service appliances at convenience stores may be located in the required front yard, but shall not be situated closer than 30 feet to the road or street right-of-way line. Any aboveground storage tanks shall not be placed in the front setback area.

B. All other applicable standards shall also apply to convenience stores.

§ 215-47.2 Crematoriums.

[Added 12-2-2013 by Ord. No. 5-2013]

In addition to the performance standards in § 215-35 and all other applicable standards, the requirements of this § 215-47.2 shall apply to crematoriums and funeral homes with a crematorium:

A. Compliance. The applicant shall provide a list of all applicable state and federal regulations and documentation of compliance with the same.

B. Chimney. All emissions from a cremation furnace shall be vented through a chimney. The chimney shall extend not less than two feet higher than the highest point of the roof of the building containing the crematorium. The chimney shall be covered or shrouded with material safe for such use and which is compatible with the building housing the crematorium and surrounding properties.

§ 215-48 Correctional facilities.

[Amended 12-2-2013 by Ord. No. 5-2013]

In addition to all other applicable standards, correctional facilities shall be in strict conformity with the following specific requirements and regulations and shall be permitted only in those districts as specified in the Schedule of Uses.[1]

A. Parcel size. In order to provide an adequate buffer area for adjoining private property owners, the site shall contain a minimum of five acres.

B. Site design standards. The site shall be improved in accordance with the following minimum requirements:

(1) The building and all secure areas shall not be less than 200 feet from any property line and the right-of-way line of any abutting public road, and 500 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 facility or use.

(e) Public park or public recreation facility.

(f) Health facility.

(g) Church or synagogue.

(h) Public or private school.

(2) A perimeter security fence, of a height and type determined by the Borough, may be required.

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

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

[1] Editor's Note: Said schedule is an attachment to this chapter.

§ 215-49 Gaming establishments.

[Amended 12-2-2013 by Ord. No. 5-2013]

Gaming establishments shall be shall be permitted only in those districts as specified in the Schedule of Uses[1] and, in addition to the standards in Article VII, § 215-111, and other applicable regulations, shall comply with the following requirements:

A. Setbacks.

(1) Such an establishment shall not be located less than 200 feet from any R-1, R-2 or R-3 District or any residence and not less than 1,000 feet from any:

(a) Group care facility.

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

(c) Public or semipublic facility 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 gaming 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. (Reserved)[2]

[2] Editor's Note: Former Subsection B, regarding parking for gambling and betting uses, was repealed 12-2-2013 by Ord. No. 5-2013.

C. Hours of operation. The gaming establishment shall not be open for operation between the hours of 11:00 p.m. and 10:00 a.m.

D. Nuisances. The gaming 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 Chapter 187, Subdivision and Land Development.

[1] Editor's Note: Said schedule is an attachment to this chapter.

§ 215-50 Junkyards.

In addition to the standards in Article VII, § 215-111, and other applicable regulations, junkyards shall comply with the following requirements:

A. State regulations. All junkyards shall comply with all state rules and regulations, and all state-required permit and reporting information shall be made available to the Borough upon request.

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

C. Operating standards. All proposed junkyards and expansions of existing junkyards shall be established, maintained, and operated in accord with the following standards:

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

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

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

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

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

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

(7) Water bodies. No junkyard shall be located less than 200 feet from any body of water, stream, wetland or well.

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

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

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

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

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

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

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

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

§ 215-51 Mineral extraction.

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

B. Intent. The intent of this § 215-51 is to ensure the Borough is supplied with all necessary information for making an informed decision about the proposed mineral extraction and to establish the foundation for any conditions required to protect the public health, safety, and general welfare. In addition, location standards are included which are not addressed by the preemptive state statutes.

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

D. Location requirements. Mineral extraction shall comply with all other applicable chapter requirements and the following additional location requirements:

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

(2) Property line setback, zoning district setback and buffer. A setback of 100 feet shall be maintained between any mineral extraction operation and adjoining properties and public road rights-of-way. These setback areas shall be undisturbed to provide a buffer and shall not be used for parking, storage or any other purpose except landscaping and crossing of access roads. In determining the type and extent of the buffer required, the Borough shall take into consideration the design of the project structure(s) and site, topographic features which may provide natural buffering, existing natural vegetation, and the relationship of the proposed project to adjoining areas. If required, the landscaped buffer may be installed in the setback area and shall consist of trees, shrubbery and other vegetation and be a minimum of twenty-five-feet wide. Design details of buffers shall be included on the site plan, and buffers shall be considered improvements for the purposes of guaranteeing installation in accord with the requirements for land developments in Chapter 187, Subdivision and Land Development. It shall be the responsibility of the property owner to maintain all buffers in good condition, free of rubbish, and replace any dying or dead plants or deteriorating landscape material.

(3) State road access. Mineral extraction operations shall be permitted only on sites using access to a state road.

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

F. Information requirements. The applicant shall, at a minimum, provide the information required by this chapter and the information required for land developments in Chapter 187, Subdivision and Land Development. In addition the applicant shall submit all other information required to enable the Borough to assess the environmental, community and other public health, safety, and welfare effects of the proposed operation. The findings of the Borough based on this information shall serve as a basis for the establishment of conditions of approval.

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

(2) Surface and groundwater protection, traffic impact study and environmental impact statement. The Borough shall require for mineral extraction that the applicant submit details about ground and surface water protection (see § 215-35M), an environmental impact statement (see § 215-38), and a traffic impact study (see § 215-41).

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

§ 215-51.1 Outdoor sales/promotion.

[Added 6-21-2010 by Ord. No. 3-2010]

This § 215-51.1 shall not apply to events conducted by nonprofit or community-based organizations, the benefits of which are for the direct benefit of the organization or other nonprofit or community organization or purpose.

A. Definition. Outdoor sales/promotions of food, merchandise or services shall include any such use which is conducted in the open air or from any trailer, cart, platform, tent, shed or other temporary structure.

B. Prohibition; exceptions. The outdoor sales/promotions of food, merchandise or services shall not be permitted except:

(1) As part of a temporary special sale/promotion permitted in accord with § 215-21G(3)(d).

(2) When using a permanent accessory structure (e.g., in a pavilion or on a deck) approved as part of the principal use in accord with the performance standards in § 215-35 and all other applicable provisions of this chapter.

(3) As part of an outdoor sales or storage area approved in accord with § 215-35D and other applicable requirements of this chapter.

(4) Farmers' market. The seasonal selling or offering for sale at retail of vegetables or produce, flowers, orchard products, and similar nonanimal products, sponsored by the Borough or community-based organization (i.e., Mount Pocono Farmers Market Association) and occurring in a predesignated area, where the vendors are individuals who have raised the vegetables or produce. The market may also include the sale of home-produced crafts, such as wearing apparel, home decorations, jewelry, toys, furniture, leather goods, dried flowers or similar items which are produced by the vendor.

§ 215-52 Self-storage facilities.

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 deistrict 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 § 215-52 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.

§ 215-52.1 Solar power generation, commercial.

[Added 12-2-2013 by Ord. No. 5-2013]

In addition to all other applicable standards in this chapter, the following regulations shall apply to commercial solar power generation facilities which shall be permitted only in the districts as provided by the Schedule of Uses.[1]

A. Purposes: to accommodate the need for solar power facilities while regulating their location and number in the Borough in recognition of the need to protect the public health, safety and welfare.

B. Permits; use regulations.

(1) Permits. A permit shall be required for every solar power facility installed in the Borough.

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

(3) Solar power facility as a second principal use. A solar power facility shall be permitted on a property with an existing use subject to the following land development standards:

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

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

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

C. Standards and design.

(1) Height. Solar collectors shall not exceed the principal structure height limitations for the underlying zoning district.

(2) Parcel size; setbacks; lot coverage.

(a) The parcel shall be of such size that all required setbacks are satisfied.

(b) The setback for solar collectors, all structures, equipment containers and any associated mechanical facilities shall be 100 feet from property lines.

(c) The maximum lot coverage shall be 75% and the area of the solar collectors shall be included in the calculation of lot coverage.

(3) Fencing. A fence may be required around the facility or portions of the facility for safety reasons.

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

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

(6) Access; required parking. Access to the solar power facility shall be provided by means of a public street or easement to a public street. The easement shall be a minimum of 20 feet in width and shall be improved to a width of at least 10 feet with a gravel or better surface for its entire length. If the solar power facility site is fully automated, adequate parking shall be required for maintenance workers. If the site is not automated, the number of required parking spaces shall equal the number of people on the largest shift.

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

(8) Glare. The applicant shall provide details about anticipated glare from the facility, including the time of day, time of year and direction of peak glare periods and document how potential nuisances to area properties and on public roads shall be controlled.

(9) Historic structures. A solar power facility shall not be located within 500 feet of any structure listed on any public historic register.

(10) Standards; certification. The design of the solar power facility 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 or other similar certifying organizations. The operator shall repair, maintain and replace the solar collectors and associated equipment in like manner as needed to keep the facility in good repair and operating condition.

(11) Uniform Construction Code. To the extent applicable, the solar power facility shall comply with the Pennsylvania Uniform Construction Code.

(12) Electrical components. All electrical components of the solar power facility shall conform to relevant and applicable local, state and national codes, and relevant and applicable international standards.

(13) Warnings. A clearly visible warning sign concerning voltage shall be placed at the base of all pad-mounted transformers and substations. Visible, reflective, colored objects, such as flags, reflectors, or tape shall be placed on the anchor points of guy wires and along the guy wires up to a height of 10 feet from the ground.

(14) Signs. No advertising material or signs other than warning, manufacturer and equipment information or indication of ownership shall be allowed on any equipment or structures.

(15) Transmission and power lines. On-site transmission and power lines shall, to the greatest extent possible, be placed underground.

(16) Stray voltage/electromagnetic fields (EMF). The operator shall use good industry practices to minimize the impact, if any, of stray voltage and/or EMF.

(17) Emergency services. The applicant shall provide details about any fire suppression system installed in any accessory structure or equipment container associated with the solar power facility. Upon request, the applicant shall cooperate with emergency services to develop and coordinate implementation of an emergency response plan for the solar power facility.

(18) Site plan. A full site plan shall be required for all solar power facility sites, showing the solar power facility, fencing, screening, buffers, access, and all other items required by this chapter.

D. Public inquiries and complaints. The solar power facility owner and operator shall maintain a phone number and identify a responsible person for the public to contact with inquiries and complaints throughout the life of the project, and the solar power facility owner and operator shall make reasonable efforts to respond to the public's inquiries and complaints.

E. Decommissioning.

(1) Time limit. The solar power facility owner and operator shall, at its own expense, complete decommissioning of the solar power facility, or individual components, within 12 months after the end of the useful life of the solar power facility or individual components. The solar power facility or individual components shall be presumed to be at the end of its useful life if no electricity is generated for a continuous period of 12 months.

(2) Depth requirement. Decommissioning shall include removal of collectors, buildings, cabling, electrical components, roads, foundations to a depth of 36 inches, and any other associated facilities.

(3) Disturbed earth. 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.

(4) Professional engineer. 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 Borough after the first year of operation and every fifth year thereafter.

(5) Financial security bond. The solar power facility owner or operator, prior to the issuance of a zoning permit, shall provide a financial security bond with the Borough as payee in an amount approved by the Borough Council, but not less than $50,000, from a company and in a form and content acceptable to the Borough Council, to insure the decommissioning within 180 days of the expiration of the license or lease and/or cessation of use. The bond shall remain in place for as long as the facilities exist at the site.

(6) Funds. Decommissioning funds may be in the form of a performance bond, surety bond, letter of credit, corporate guarantee or other form of financial assurance as may be acceptable to the Borough.

(7) Landowner responsibility. If the solar power facility owner or operator fails to complete decommissioning within the prescribed time period, then the landowner shall have 180 days to complete decommissioning.

(8) Borough intervention. If neither the solar power facility owner or operator nor the landowner complete decommissioning within the prescribed periods, then the Borough may take such measures as necessary to complete decommissioning. The entry into the record and submission of evidence of a participating landowner agreement to the Borough shall constitute agreement and consent of the parties to the agreement, their respective heirs, successors and assigns that the Borough may take such action as necessary to implement the decommissioning plan.

(9) Release of decommissioning funds. The escrow agent shall release the decommissioning funds when the solar power facility owner or operator has demonstrated and the Borough concurs that decommissioning has been satisfactorily completed, or upon written approval of the Borough in order to implement the decommissioning plan.

[1] Editor's Note: Said schedule is included as an attachment to this chapter.

§ 215-53 Solid waste.

A. 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,[1] 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 § 215-53.

[1] Editor's Note: Said schedule is an attachment to this chapter.

B. Traffic study. The applicant shall provide a traffic study in accord with § 215-41.

C. Yards. No part of any facility created after the effective date of this chapter shall be located closer than 300 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 § 215-35 of this chapter. Additional buffers and setbacks may be required in accord with this chapter.

D. 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.

E. Environmental impact statement. As part of the review process, the Borough may require the applicant to prepare and submit an environmental impact statement pursuant to § 215-37 of this chapter.

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

G. 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.

H. 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.

I. 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.

J. 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.

K. Hours of operation. Under the authority granted to the Borough under State Act 101 of 1988, 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, 4th of July, Labor Day, Memorial Day or Thanksgiving Day. All deliveries of solid waste shall be made during the hours between 7:00 a.m. to 5:00 p.m. and not on Sundays or the above-specified holidays.

L. 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 its property.

M. 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.

N. 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 § 215-53 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.

§ 215-54 Storage yards for forest products and minerals.

The intent of this section is to provide standards for access to public roads and setbacks for storage yards for forest products and minerals. (See definition of "storage yard for forest products and minerals" in Article III.)

A. Access to public roads.

(1) Highway occupancy permit. Access roads to Borough and state roads shall be in accord with a valid highway occupancy permit.

(2) Stabilization. The access road shall be adequately stabilized with stone, shale or other material to minimize soil erosion and the tracking of mud onto the public road.

(3) Weight limitations. All operations shall comply with all posted weight limits and road bonding regulations.

(4) Use of public roads. Felling or skidding on or across any public road shall be prohibited without the express written authorization of the Borough or the Pennsylvania Department of Transportation, as applicable.

(5) Road ditches. Ditches on the public road shall be cleaned and graded as necessary to be maintained to pre-harvest condition.

B. Setbacks.

(1) Residential and nonresidential buildings. Storage yards shall not be less than 300 feet from any existing residential, commercial, institutional, public or semipublic facility, other than such building located on the property on which the landing is located.

[Amended 12-2-2013 by Ord. No. 5-2013]

(2) Property lines. Storage yards shall not be less than 50 feet from any property line other than a property line along a public road right-of-way.

(3) Public roads. Storage yards shall not be less than 50 feet from any public road right-of-way.

(4) Streams, water bodies and wetlands. Storage yards shall not be less than 100 feet from any stream, water body or wetland.

(5) Slope. Storage yards shall be located on gently sloping ground that will provide good drainage. Low spots and poorly drained places shall be avoided.

§ 215-55 Swimming pool, commercial.

Commercial swimming pools shall, in addition to all other applicable requirements of this chapter, comply with the following standards:

A. Setback. The water surface shall be not less than 50 feet from any lot line.

B. Parcel size. The minimum lot area shall be two acres.

C. Enclosure. A fence, wall or other enclosure not less than six feet high and of a design to restrict access shall completely surround the area of the swimming pool. This enclosure shall be designed to be difficult for children to climb or slip through. All gates or door openings through such enclosure shall be self-closing and include a self-latching device on the pool side for keeping the gate or door securely closed when the pool is not in use.

D. Access. Access to all pools shall be restricted when the pool is not in use.

§ 215-56 (Reserved) [1]

[1] Editor's Note: Former § 215-56, Treatment centers/clinics, medical offices, and health facilities, was repealed 12-2-2013 by Ord. No. 5-2013.

§ 215-57 Vehicle-related uses.

Vehicle-related uses shall, in addition to all other applicable standards, comply with the following standards:

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

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

(2) Appropriate facilities for the handling of wastewater from the washing activities shall be provided, including the prevention of water being dripped onto the adjoining road or street from freshly washed vehicles during periods of freezing weather.

(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 vehicles.

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

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

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

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

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

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

(6) Gasoline pumps and other service appliances may be located in the required front yard but shall not be situated closer than 30 feet from the road or street right-of-way line. Any aboveground storage tanks shall not be placed in the front setback area.

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

(8) Any operation which is primarily intended to serve trucks with three or more axles or tractor-trailer trucks shall have a minimum lot area of two acres, and all areas for fueling and servicing shall be not less than 100 feet from any R-1, R-1 or R-3 District.

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

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

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

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

(3) Activities which are normally accessory to such sales operations, such as engine tune up and repairs, body repairs, painting, undercoating, and other similar activities shall be conducted in accord with the applicable standards in § 215-57B.

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

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

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

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

D. Racetracks. All racetracks for motor-driven vehicles, including but not limited to automobiles, trucks, go-carts, motorcycles, motor scooters, dune buggies, watercraft, and the like, shall be located not less than 1,000 feet from any R-1, R-2 or R-3 District, and the track/course shall not be less than 500 feet from any property line or public road right-of-way.

§ 215-58 Wind energy facilities.

[Amended 12-2-2013 by Ord. No. 5-2013]

In addition to all other applicable standards in this chapter, the following regulations shall apply to wind energy facilities:

A. Purposes:

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

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

B. Permits; use regulations.

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

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

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

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

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

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

C. Standards.

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

(2) Parcel size; setbacks.

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

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

(c) Principal structures. No windmill shall be located less than 500 feet from any principal residential structure existing prior to the erection of the windmill.

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

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

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

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

(7) Access. Access to the wind energy facility shall be provided by means of a public street or easement to a public street. The easement shall be a minimum of 20 feet in width and shall be improved to a width of at least 10 feet with a dust-free, all-weather surface for its entire length.

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

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

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

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

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

§ 215-58.1 Wireless communication facilities (WCF).

[Amended 3-6-2017 by Ord. No. 2-2017[1]]

In addition to all other applicable standards of this chapter, the following regulations shall apply to wireless communications facilities (WCF) including, but not limited to, cellular phone antennas, antennas for communication service regulated by the Pennsylvania Public Utility Commission, and other commercial antennas and associated facilities.

A. Purposes:

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

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

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

(4) To encourage the joint use of any wireless communication facility support structures and to reduce the number of such structures needed in the future.

B. Permits; use regulations. A permit shall be required for every WCF and support structure installed at any location, whether in or out of a right-of-way, and the following use regulations shall apply:

(1) Existing tall structures. A WCF site with a WCF that is attached to an existing communications tower, smokestack, water tower, other tall structure or a building not less than 35 feet in height and where the height of the WCF does not exceed the height of the existing structure by more than 20 feet shall be permitted in all districts as an accessory use and special exception approval shall not be required. A WCF on a single-family or two-family dwelling and on utility poles in R-1, R-2 and R-3 Districts shall not be permitted. Any subsequent installations above the initial twenty-foot height increase shall be prohibited. The applicant shall provide the following information:

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

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

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

(2) New structures and WCF exceeding 20 feet on existing structures. A WCF site with a WCF that is either not mounted on an existing eligible structure or is more than 20 feet higher than the structure on which it is mounted shall be permitted only in those districts specified on the Schedule of Uses[2] and shall require special exception approval in accord with this § 215-58.1.

[2] Editor's Note: Said schedule is included as an attachment to this chapter.

(3) New tower-based WCF in a right-of-way. A new tower-based WCF shall only be permitted in a right-of-way in accord with the following:

(a) No such facility shall be located in any area where utility infrastructure is installed underground. In areas not served by aboveground utility infrastructure, a new tower-based WCF may be constructed only at intersections of a Borough and state street or state street intersections to provide coverage and capacity.

(b) The stand-alone tower shall not exceed the average height of the nearest two poles with a maximum height of 35 feet and the total height with all equipment shall not exceed 20 feet above the tower.

(c) The tower shall be self-supporting and guy wires shall not be permitted.

(d) Tower-based WCF in a Borough right-of-way.

[1] In addition to the required application and permit fees, every tower-based WCF in a Borough ROW is subject to the Borough's right to fix annually a fair and reasonable compensation to be paid for the use and occupancy of the ROW. Such compensation for ROW use shall be directly related to the Borough's actual ROW management costs including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising, and other ROW management activities by the Borough. The owner of each tower-based WCF shall pay an annual fee to the Borough to compensate the Borough for the Borough's costs incurred in connection with the activities described above. The annual ROW management fee for tower-based WCF shall be determined by the Borough and authorized by resolution of the Borough Council and shall be based on the Borough's actual ROW management costs as applied to such tower-based WCF.

[2] Prior to the issuance of a permit, the owner of each individual tower-based WCF shall, at its own cost and expense, deliver a restoration deposit in an amount determined by the Borough Engineer. The return of the deposit shall be contingent upon the proper restoration of the ROW and compliance with the terms and conditions of this chapter. Upon installation of the tower-based WCF, the applicant shall notify the Borough that the site is ready for inspection. The Borough Engineer shall inspect the site and, if it is found to be satisfactory, the restoration deposit shall be refunded to the applicant within 30 days. The restoration deposit may be forfeited in whole or in part to the Borough if any work is found to be incomplete or not in compliance with all applicable standards.

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

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

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

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

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

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

C. Permits for modifications to existing WCFs. While building codes would remain applicable, no zoning permits or land use approvals are required as long as the modification does not constitute a substantial change. A "substantial change" is defined below:

SUBSTANTIAL CHANGE or SUBSTANTIALLY CHANGE

A modification substantially changes the physical dimensions of an eligible support structure if it meets any of the following criteria:

(1) For towers, other than towers in the public rights-of-way, it increases the original height of the tower by more than 10% or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater; for other existing towers or base stations, it increases the original height of the structure by more than 10% or more than 10 feet, whichever is greater. Changes in height should be measured from the original support structure in cases where deployments are or will be separated horizontally, such as on buildings' rooftops; in other circumstances, changes in height should be measured from the dimensions of the tower or base, inclusive of originally approved appurtenances and any modifications that were approved prior to the passage of the Spectrum Act.

(2) For towers, other than towers in the public rights-of-way, it involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than 20 feet or more than the width of the tower structure at the level of the appurtenance, whichever is greater, for other existing towers or base stations, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six feet.

(3) For any eligible support structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets; or for towers in the public rights-of-way and base stations, it involves installation of any new equipment cabinets on the ground if there are no preexisting ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than 10% larger in height or overall volume than any other ground cabinets associates with the structure.

(4) It entails any excavation or deployment outside the current site.

D. Standards. The following standards shall apply to all WCF:

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

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

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

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

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

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

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

(3) WCF height; airport zoning; design.

(a) The applicant shall demonstrate that the WCF is at the minimum height required to function satisfactorily and provide adequate height for eight service providers. The maximum height of any WCF shall be 200 feet and shall comply with the Borough's Airport Hazard Zoning Ordinance (Chapter 52).[3]

[3] Editor's Note: See now Art. XIV, Airport Zoning, of this chapter.

(b) The Borough may require the tower to be designed and constructed to be stackable (structurally capable of being increased in height) so that additional antenna arrays can be accommodated in addition to the arrays on the original tower to facilitate future collocation.

(c) WCF equipment buildings shall comply with the accessory structure height limitations of the applicable zoning district.

(d) The Borough shall require stealth design or specific colors to ensure that the WCF is compatible with the surrounding landscape, and such determination shall be based on a balloon test for height conducted by the applicant.

(4) Setbacks. If a new WCF support structure is constructed (as opposed to mounting the WCF on an existing structure) or if the WCF height exceeds the height of the existing structure on which it is mounted by more than 20 feet, the following minimum setbacks shall apply.

(a) Separate parcel. If the parcel on which the WCF and support structure are located is a separate and distinct parcel, the distance between the base of the support structure and any adjoining property line shall not be less than the height of the WCF structure plus the normal setback for the district. The setback for equipment containers, other accessory structures, and guy wire anchors shall be a minimum of 30 feet.

(b) Lease, license or easement. If the land on which the WCF and support structure is leased, or is used by license or easement, the setback for any part of the WCF, the support structure, equipment containers, other accessory structures, and guy wire anchors shall be a minimum of 30 feet from the line of lease, license or easement. In any case, the distance between the base of the support structure and any adjoining property line (not lease, license or easement line) shall not be less than the height of the WCF structure.

(5) WCF support structure safety. The applicant shall demonstrate that the proposed WCF and support structure are safe and the surrounding areas will not be negatively affected by support structure failure, falling ice or other debris, electromagnetic fields, or radio frequency interference. All support structures shall be fitted with anticlimbing devices, as approved by manufacturers. The applicant shall submit certification from a Pennsylvania-registered professional engineer that a proposed WCF and support structure will be designed and 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 any applicable building code. Within 45 days of initial operation, the owner and/or operator of the WCF and support structure shall provide a certification from a Pennsylvania-registered professional engineer that the WCF and support structure comply with all applicable regulations.

(6) Stealth design. Wireless communication facilities shall be of stealth design, as required by the Borough and shall comply with the following standards relating to neighborhood character, placement, material and colors:

(a) Wireless communication facilities attached to an existing structure shall be designed and maintained to blend in with the existing structure to the extent feasible, including placement in a location which is consistent with proper functioning of the wireless communication facility and use of compatible or neutral colors.

(b) Wireless communication facilities attached to an existing structure shall be screened in a reasonable and achievable manner.

(c) Wireless communication facilities proposed on a new tower, including support structure(s), shall be designed to blend in with the existing surroundings, including the use of compatible colors and disguised structures.

(d) Equipment facilities shall, to the extent practicable, use materials, colors and textures that blend in with the natural setting and built environment.

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

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

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

(10) Licenses; other regulations; insurance. The applicant must demonstrate that it has obtained the required licenses from the Federal Communications Commission, the Pennsylvania Public Utility Commission, and other agencies. The applicant shall also document compliance with all applicable state and federal regulations. The applicant shall submit the name, address and emergency telephone number for the operator of the WCF and a certificate of insurance evidencing general liability coverage in the minimum amount of $2,000,000 per occurrence and property damage coverage in the minimum amount of $2,000,000 per occurrence covering the WCF and support structure. The applicant shall provide the Borough with annual proof of renewal prior to expiration.

(11) Access. Access to the WCF and support structure shall be provided by means of a public street or easement to a public street. The easement shall be a minimum of 20 feet in width and shall be improved to a width of at least 10 feet with a dust-free, all-weather surface for its entire length.

(12) Signs; lighting; FAA and PennDOT notice.

(a) No signs or lights shall be mounted on a WCF except as may be required by this § 215-58.1, the Federal Communication Commission, Federal Aviation Administration or another governmental agency which has jurisdiction.

(b) No WCF support structure may be artificially lighted, except as required by the Federal Aviation Administration.

(c) The applicant shall provide a copy of the response to Notice of Proposed Construction or Alteration forms submitted to the FAA and PennDOT Bureau of Aviation, and the WCF and support structure shall comply with all FAA and PA DOT requirements.

(13) Communications interference. The applicant shall document that the radio, television, telephone or reception of similar signals for nearby properties will not be disturbed or diminished.

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

(15) Identification. All antenna support structures, including, but not limited to, equipment buildings and cabinets, shall clearly display the operator's name, license number and emergency telephone number.

(16) Fire suppression system. The applicant shall provide details about any fire suppression system installed in any accessory structure or equipment container associated with the WCF.

(17) Discontinued use. If any WCF or support structure ceases to be used as a communications facility, the owner or operator or then owner of the land on which the WCF and support structure is located shall be required to remove the same within 90 days from the abandonment of use. Failure to do so shall authorize the Borough to remove the facility and assess the cost of removal to the foregoing parties. In addition, at the time of zoning permit issuance for any WCF the Borough shall require a financial guarantee, in a term, form and amount determined by the Council with the advice of the Borough Solicitor, to guarantee the removal of the WCF.

(18) Site plan. A full site plan shall be required for all WCF and support structure sites, showing the WCF, WCF support structure, building, fencing, buffering, access, and all other items required in Chapter 187, Subdivision and Land Development. The site plan shall not be required if the WCF is to be mounted on an existing structure and the WCF does not exceed the height of the existing structure by more than 20 feet. A land development plan approved pursuant to Chapter 187, Subdivision and Land Development, shall be a prerequisite to the construction of a communications equipment building or other roofed structure erected pursuant to this section which have a combined gross floor area of greater than 100 square feet.

(19) Payments to the Borough.

(a) The fees, charges and rental prescribed by the Borough Council and which must be paid for the installation and maintenance of a wireless communication facility in the Borough are set forth in the Borough's Application and Permit Fee Schedule, hereof.

(b) Application fee and escrow deposit.

[1] The applicant shall pay the Borough an application fee as described in the Borough's Application and Permit Fee Schedule at the time of filing the application.

[2] An applicant seeking to install one or more wireless communication facilities outside the ROW shall also establish a single escrow deposit with the Borough, as set forth in the Borough's Application and Permit Fee Schedule, out of which the Borough will make payment of the fees and charges of those consultants and professional advisors as deemed necessary by the Borough for the processing of the application. The applicant shall be requested to replenish the escrow if sufficient funds are not available to make such payments and shall make such additional payments within 10 business days of the request, in default of which the processing of any of applicant's applications shall be suspended. Failure to make such payment with 30 business days of the request shall result in all pending applications being rejected.

[3] If requested, the Borough shall supply the applicant with an itemized statement of the use of the escrow funds at the time any request for additional payment is made and at the time the escrow is closed out, at which time any balance in the account shall be returned.

(c) Payments and charges relating to the construction and maintenance of microfacilities in the ROW.

[1] For microfacilities installed in the ROW, the applicant must pay an annual ROW use fees as set forth in the Borough's Application and Permit Fee Schedule fees.

[2] For microfacilities located on Borough-owned attachment structure in the ROW, the applicant must also enter into a support structure attachment agreement with the Borough and pay the Borough the rental fees therefore described in the Borough's Application and Permit Fee Schedule.

[3] Other charges or fees may be applicable as set forth in the Borough's Application and Permit Fee Schedule, fees, depending on the extent of use of ROW, and shall be calculated by the Borough Council or its designee in conjunction with the application review.

(d) Payments and charges applicable to wireless communication facilities on Borough-owned lands and attachment structures not in ROW. The Borough Council or its designee is authorized to negotiate the terms of a lease agreement and the appropriate rental for the use of Borough-owned lands and attachment structures. The availability of space on Borough facilities shall be determined on a case-by-case basis and made available to providers on a first-come first-served basis. No building permit for a wireless communications facility will be issued with respect to Borough property until the lease agreement has been accepted by the Borough.

(e) Timing and place of payment. Unless otherwise agreed to in writing, all fees shall be paid in advance. Payments shall be delivered to the attention of Zoning Officer.

(f) Taxes and assessments. To the extent taxes or other assessments are imposed by taxing authorities on the use of Borough property as a result of an applicant's use or occupation of the ROW or of Borough-owed or leased property, the applicant shall be responsible for payment of such taxes, payable annually unless otherwise required by the taxing authority. No rental payment shall constitute a payment in lieu of any tax fee or other assessment, except as specifically provided in this article or as required by applicable law.

(g) Interest on late payments. In the event that any fee is not actually received by the Borough on or before the applicable date fixed in use agreement, interest thereon shall accrue from such date until received at 15% per annum.

(20) Maintenance.

(a) Wireless communication facility providers shall at all times employ ordinary and reasonable care and install and maintain in use nothing less than the best available technology for preventing failures and accidents which are likely to cause damage, injury or nuisances to the public.

(b) Wireless communication facility providers shall install and maintain wireless communication facilities, wires, cables, fixtures and other equipment in substantial compliance with the requirements of the National Electric Code and all FCC, state and local regulations and in such manner that will not interfere with the use of other property.

(c) Wireless communication facilities shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not menace or endanger the life or property of any person.

(d) Noise. Wireless communication facilities shall be operated and maintained so as not to produce noise in excess of the applicable noise standards under state law or the Borough code, except in emergency situations requiring the use of a backup generator, where the noise standards may be exceeded on a temporary basis.

(e) In the event that the use of a wireless communication facility is discontinued, the owner shall provide written notice to the Borough of its intent to discontinue use and the date when the use shall be discontinued. If such wireless communication facility is not removed within 90 days, the Borough may remove it at the owner's expense.

(f) Inspections. The Borough and/or its agents shall have authority to enter onto the property upon which a wireless communication facility is located at any time, upon reasonable notice to the provider (which notice shall provide an opportunity for the provider's supervision of such entry), for any purposes associated with the permitted use of the property, including, but not limited to, the purpose of determining whether the wireless communication facility complies with this article, Building Construction of the Borough of Mount Pocono Code, and all other construction standards provided by the Borough's Code and federal and state law.

[1] Editor's Note: This ordinance provided that former § 215-47, Commercial communications devices (CCD), be reserved and relocated, with amendments, to this § 215-58.1.