Borough of Mount Oliver, PA Conditional Use and Special Exception Regulations

Accessory dwelling unit.

Accessory dwelling units shall be attached to a permitted, principal residential dwelling.

Accessory dwelling units are only permitted in conjunction with owner-occupied properties, when the owner occupies one of the dwellings on the lot.

Only one accessory dwelling unit is permitted on a lot.

Accessory dwelling units shall meet all the setback, bulk and area requirements of the principal use of the lot.

The minimum number of required parking spaces for an accessory dwelling unit shall be added to the minimum number of required parking spaces for the principle use in Table 5 - Parking Ratios.

Adult businesses.

Adult businesses shall meet or exceed the following setback requirements. The building shall be set back as follows:

The building shall be at least 250 feet in any direction from any residential dwelling (including multifamily buildings), also at least 500 feet from any public park property (including such uses in adjacent municipalities).

The building shall be at least 1,000 feet in any direction from any school property, church property, preschool property, or child day-care center property (including such uses in adjacent municipalities).

The building shall be at least 100 feet in any direction from any hotel or motel (including such uses in adjacent municipalities).

The building shall be at least 2,500 feet in any direction from any other building which is utilized for any other adult business which is defined in this section (including such uses in adjacent municipalities).

All activities pertaining to the sexually oriented and/or adult business shall be conducted entirely within the confines of the building. No theater which shows adult-related films shall project the film outside the confines of a building. No music or sound emitting from the business shall be audible to normal human hearing, at any time, at any exterior property line of the business.

Any sexually oriented and/or adult business which has liquor for sale shall abide by all rules and regulations of the LCB. If any of the applicable regulations of the LCB are more stringent than the regulations specified in this section, those regulations shall be adhered to by the applicant.

Unless governed by more stringent regulations by the LCB, the following hours of operation shall be adhered to by all the sexually oriented and/or adult businesses.

No sexually oriented and/or adult business shall be open from 2:00 a.m. to 11:00 a.m. daily.

No sexually oriented and/or adult business shall be open on Sundays or holidays, except that an adult business open on Saturday may remain open until 2:00 a.m. on Sunday morning.

The maximum gross floor area of any building which is utilized for the sexually oriented and/or adult business shall be 5,000 square feet.

No sexually oriented and/or adult business shall display an exterior sign which displays obscene materials or which depicts nudity or sexually explicit activities. All other regulations pertaining to commercial signs shall be complied with.

Parking, landscaping, exterior lighting, and other required site improvements shall be in accordance with the applicable sections of this chapter.

To insure the regulations of this section are adhered to by the applicant, the following information shall be provided with the application for a conditional use.

A site survey of the property and building proposed for the sexually oriented and/or adult business and a survey illustrating the distance to the location, size, and type of all buildings and uses within 2,500 feet of the building proposed for the adult business. The survey shall be prepared and sealed by a surveyor licensed by the commonwealth and shall be at a scale no less than one inch to 100 feet. The survey shall indicate the scale, date drawn, North point, tax parcel number of all parcels illustrated, the names of any roads or highways illustrated, and shall be on paper measuring 24 inches by 36 inches. Twenty copies of the survey shall be submitted with the application.

The above-referenced site survey shall indicate the proposed parking layout, landscaping, lighting, sign location, building location, and any other exterior improvements.

If liquor for sale is proposed, a copy of the license issued by the LCB shall be submitted.

In addition to a conditional use permit, a land development plan shall be required for the development of the site. Requirements for the land development plan are in the SALDO.[1]

[1]

Editor's Note: See Ch. 219, Subdivision and Land Development.

An applicant proposing the sexually oriented and/or adult business shall satisfy all requirements of this chapter which relate to general requirements for approval of conditional uses.

Additional regulations for nude model studios.

A nude model studio shall not employ any person under the age of 18 years.

The studio owner or operator and any person under the age of 18 years commits a violation of this chapter if the person appears seminude or in a state of nudity in or on the premises of a nude model studio. It is a defense to prosecution under this subsection if the person under 18 years was in a restroom not open to public view or visible to any other person.

The studio owner or operator and any person commits a violation of this chapter if the person appears in a state of nudity, or knowingly allows another to appear in a state of nudity, in an area of a nude model studio premises which can be viewed from the public ROW.

A nude model studio shall not place or permit a bed, sofa, or mattress in any room on the premises; except that a sofa may be placed in a reception room open to the public.

After-hours club.

All operations shall be conducted within a completely enclosed building.

There shall be no noise or vibration discernible along any property line greater than the average noise level occurring on adjacent streets and properties.

Amusement arcade.

Noise levels from amusement devices within an amusement arcade shall not exceed 50 decibels, measured along the property boundary of the amusement arcade.

Outdoor lighting, if any, shall be shielded and/or reflected away from adjoining properties so that no direct beam of light, but only diffuse or reflected light, enters adjoining properties.

Animal shelter.

The operator or owner of any shelter must hold all current state and local licenses and permits for the location, activity, and number of animals so specified.

Shelters shall be located within a completely enclosed building and soundproofed to reduce noise impacts on adjacent properties.

Outdoor runs and similar facilities shall be constructed for easy cleaning, shall be maintained in a safe condition, and shall be secured by a fence with a self-latching gate.

Outdoor runs, pens, coops, and similar facilities shall be located at least 50 feet from any occupied dwelling on adjoining property and shall be visually screened from adjoining lots.

Assisted living facility.

All facilities must comply with the density of development limits of the underlying district.

All facilities must comply with the bulk and area regulations of the underlying district.

The facility shall be duly licensed by the commonwealth and shall operate in accordance with the regulations of the licensing agency.

The facility shall provide, on-site, all required off-street parking and loading spaces.

The facility shall have its principal traffic access from a public street with sufficient capacity to handle the traffic generated by the use.

A traffic study shall be required in accordance with the Borough's SALDO provisions.[2]

[2]

Editor's Note: See Ch. 219, Subdivision and Land Development.

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

The parking and circulation plan shall be referred to the appropriate Fire Company for comments regarding traffic safety and emergency access.

Bed-and-breakfast inn.

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

No more than three guest rooms shall be offered to transient overnight guests.

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

In addition to the parking required for the dwelling, one parking space shall be provided for each guest room offered to overnight guests.

Off-street parking shall not be located in any front or side yard.

Billboard - see sign regulations, § 260-510.

Cafe or coffee shop.

No outside seating permitted.

Operations shall cease after 9:00 p.m.

Operations shall be regulated so that nuisances, such as excessive noise levels, shall not be created.

Lights located on the site, to the extent practicable and taking into account safety considerations, shall be directed downward and internally so as to avoid glare on public roads, protected uses, and adjacent dwellings and buildings.

The Borough may attach such reasonable conditions as it deems necessary to ensure the operation complies with this requirement.

10.

Car wash (automated and self-service).

Such uses shall not be located any closer than 200 feet to any residential lot, school, church, playground or public building.

All lighting shall be shielded away from the street and adjacent lots.

Ingress, egress and internal traffic circulation shall be designed to ensure safety and accommodate peak demands without hazards or delay.

Operations shall be conducted within an enclosed building.

11.

Communications tower.

General standards. The following regulations shall apply to all tower-based wireless communications facilities:

Conditional use required. Each applicant proposing the construction of a communications tower shall complete and submit a conditional use application as either a principal or accessory use prior to beginning construction of such tower.

Proof of ownership or agreement. The applicant shall include a copy of a written agreement for use of the land if the applicant is not the owner of the parcel on which the communications tower will be constructed.

Historic buildings or districts. No communications tower may be located on a building or structure that is listed on either the National or Pennsylvania Registers of Historic Places, or eligible to be so listed, or is included in the Official Historic Structures and/or Historic Districts List maintained by the Borough.

Related equipment. Ground-mounted related equipment greater than three cubic feet, such as cabinets and accessory structures, shall not be located within 50 feet of a lot in residential use or zoned residential.

Standard of care. Any communications tower shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including but not limited to the most recent editions of the ANSI Code, National Electrical Safety Code, National Electrical Code as adopted by the Pennsylvania Uniform Construction Code (UCC), as well as the accepted and responsible workmanlike industry practices of the National Association of Tower Erectors. Any communications tower 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 endanger the life of any person or any property in the Borough.

Wind. Any communications tower structures shall be designed to withstand the effects of wind according to the standard designed by the ANSI as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSI/TIA-222-E Code, as amended).

Height. Any communications tower shall be designed at the minimum functional height. All communications tower applicants must submit documentation to the Borough justifying the total height of the structure. The maximum total height of any communications tower which is not located in the public ROW shall not exceed 150 feet, which height shall include all subsequent additions or alterations. Equipment buildings, cabinets, and accessory structures shall not exceed 15 feet in height.

Public safety communications. No communications tower shall interfere with public safety communications or the reception of broadband, television, radio, or other communications services enjoyed by occupants of nearby properties.

Maintenance. The following maintenance requirements shall apply:

Any communications tower shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.

Such maintenance shall be performed to ensure the upkeep of the facility in order to promote the safety and security of the Borough's residents.

All maintenance activities shall utilize nothing less than the best available technology for preventing failures and accidents.

10)

Modifications. Applicants proposing the modification of any communications tower shall submit a building permit application to the Borough and shall not commence such modifications until the complete application has been received by the Borough.

11)

Radio frequency emissions. No communications tower may, by itself or in conjunction with other towers, generate radio frequency emissions in excess of the standards and regulations of the FCC, including but not limited to the FCC Office of Engineering Technology Bulletin 65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended.

12)

Signs. All communications towers shall post a sign in a readily visible location identifying the name and phone number of a party to contact in the event of an emergency. There shall be no other signage permitted on the tower, except for that required by law FCC/FAA regulations.

13)

Lighting. Communications towers shall not be artificially lighted, except as required by law. Towers shall be galvanized and/or painted with a rust-preventive paint of an appropriate color to harmonize with the surroundings. If lighting is required, the applicant shall provide a detailed plan for sufficient lighting, demonstrating as unobtrusive and inoffensive an effect as is permissible under state and federal regulations.

14)

Noise. Communications towers shall be operated and maintained so as not to produce noise in excess of applicable noise standards under state law and the Borough Code, except in emergency situations requiring the use of a backup generator, where such noise standards may be exceeded on a temporary basis only.

15)

Aviation safety. Communications towers shall comply with all federal and state laws and regulations concerning aviation safety.

16)

Timing of approval. Within 30 calendar days of the date that an application for a communications tower is filed with the Borough, the Borough shall notify the applicant, in writing, of any information that may be required to complete such application. All applications for communications towers shall be acted upon within 150 days of the receipt of a fully completed application for the approval of such communications tower, and the Borough shall advise the applicant, in writing, of its decision. If additional information was requested by the Borough to complete an application, the time required by the applicant to provide the information shall not be counted toward the 150-day review period.

17)

Nonconforming uses. Nonconforming communications towers which are hereafter damaged or destroyed due to any reason or cause may be repaired and restored at their former location within one year after damage occurs, but must otherwise comply with the terms and conditions of this chapter. Co-location on nonconforming communications towers is permitted.

18)

Removal. In the event that use of a communications tower is planned to be 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. Unused or abandoned towers or portions of towers shall be removed as follows:

All unused or abandoned communications towers and accessory facilities shall be removed within six months of the cessation of operations at the site unless a time extension is approved by the Borough.

If the tower and/or accessory facility is not removed within six months of the cessation of operations at a site, or within any longer period approved by the Borough, the tower and accessory facilities and equipment may be removed by the Borough and the cost of removal assessed against the owner of the tower. In addition to and not in lieu of any other remedy available to the Borough to recover costs associated with removal, the Borough shall file liens against the tower owner and the owner of any real property upon which a tower is sited, in order to recover any unpaid legal fees, consultant fees, and court cost that may be incurred.

Any unused portions of a communications tower, including antennas, shall be removed within six months of the time of cessation of operations. The Borough must approve all replacements of portions of a communications tower previously removed.

19)

FCC license. Each person that owns or operates a communications tower shall submit a copy of its current FCC license, including the name, address, and emergency telephone number for the operator of the facility.

20)

Insurance. Each person that owns or operates a communications tower greater than 45 feet in height shall provide the Borough with a certificate of insurance evidencing general liability coverage in the minimum amount of $5,000,000 per occurrence and property damage coverage in the minimum amount of $5,000,000 per occurrence covering the communications tower. Each person that owns or operates a communications tower 45 feet or less in height shall provide the Borough with 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 each communications tower.

21)

Permit fees. The Borough may assess appropriate and reasonable permit fees directly related to the Borough's actual costs in reviewing and processing the application for approval of a communications tower, as well as related inspection, monitoring and related costs.

22)

Retention of experts. The Borough may hire any consultant(s) and/or expert(s) necessary to assist the Borough in reviewing and evaluating the application for approval of the communications tower and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of this chapter. The applicant and/or owner of the tower shall reimburse the Borough for all costs of the Borough's consultant(s) in providing expert evaluation and consultation in connection with these activities.

23)

Indemnification. Each person that owns or operates a communications tower, or the property on which such tower is located, shall, at its sole cost and expense, indemnify, defend and hold harmless the Borough, its elected and appointed officials, employees and agents, at all times against any and all claims for personal injury, including death, and property damage or depreciation of property value or for violation of property or zoning rights, arising in whole or in part from, caused by or connected with any act or omission of the person, its officers, agents, employees or contractors arising out of, but not limited to, the construction, installation, operation, maintenance or removal of the communications tower. Each person that owns or operates a communications tower and each owner of property upon which a communications tower is located shall defend any actions or proceedings against the Borough in which it is claimed that personal injury, including death, or property damage was caused by the construction, installation, operation, maintenance, or removal of communications tower. The obligation to indemnify, hold harmless and defend shall include, but not be limited to, the obligation to pay judgments, injuries, liabilities, damages, reasonable attorneys' fees, reasonable expert fees, court costs, and all other costs of indemnification.

24)

Engineer signature. All plans and drawings for a tower and antenna shall contain a seal and signature of a professional structural engineer, licensed in the Commonwealth of Pennsylvania.

25)

Financial security. Prior to receipt of a zoning permit for the construction or placement of a communications tower, the applicant shall provide to the Borough financial security in the form of a letter of credit or bond sufficient to guarantee the removal of the communications tower. The amount of said financial security shall be determined based upon industry standards for removal and shall remain in place until the communications tower is removed.

12.

Contractor's office/yard.

All supplies and equipment shall be stored within a completely enclosed building.

A screening fence, as provided in Subsection 3.F.3) of § 260-407, shall be installed.

Exterior display and sales of building materials and/or equipment associated with the permitted principal use shall require an approval of a supply yard as an accessory use.

Exterior storage of building materials and/or equipment associated with the permitted principal use shall require an approval of a storage yard as an accessory use.

The use shall be accessed directly from an arterial or collector street.

13.

Conversion dwelling units.

Each dwelling unit shall contain a minimum of 800 square feet of gross floor area.

Each dwelling unit shall have separate living, sleeping, kitchen, and sanitary facilities.

The proposed conversion dwelling shall meet the minimum lot and area requirements for similar dwelling types authorized within the district in which it is located.

Each dwelling unit shall have a separate entrance, either directly from the outside or from a common corridor inside the structure.

Conversion of detached garages or other accessory structures to dwelling units shall not be considered conversion dwellings and shall not be permitted.

The paving and design of the off-street parking spaces shall be in compliance with the requirements of § 260-603, Parking ratios. Off-street parking areas for more than three vehicles shall be screened.

Conversion dwellings shall provide continuity in architectural design and shall incorporate any proposed construction into the existing structural features.

14.

Correctional institution.

All applicable county, state and federal permits shall be applied for prior to issuance of Borough permits. Documentation of application shall be made a part of the conditional use application.

Lighting shall be required throughout the property for safety purposes. Such lighting shall be oriented away from adjacent properties and shall not exceed two footcandles of illumination at the property boundary line.

All structures shall be a minimum of 150 feet from all property lines.

Access shall be from the collector street only.

An evacuation plan shall be submitted for review and approval by the Borough Council and/or Emergency Management Coordinator.

15.

Crematorium.

No incinerator or crematorium shall be located within 1,000 feet of a residential dwelling, school or day-care center. All other district setbacks from property lines shall also be maintained.

The potential for noise, fumes and dust shall be evaluated and a finding shall be made that no surrounding properties will be adversely affected by noise or fumes associated with the use.

The applicant shall demonstrate continued compliance with all applicable state and federal standards and regulations.

Hours of operation. Operating hours shall be limited to 7:00 a.m. to 7:00 p.m., Monday through Friday.

The cremation unit shall be totally enclosed within a building. The owner shall conduct an evaluation of the design of the proposed crematory exhaust stack location and stack height in relation to nearby structures, including, at a minimum, all structures on the owner's property and all structures on neighboring properties within 300 feet of the proposed stack location. The evaluation shall assess the heights and projected widths of all these structures in relation to the proposed stack to ensure that the stack height meets good engineering practice guidelines as specified in the air dispersion modeling provisions of 40 CFR Part 51, Appendix W. At a minimum, the stack height shall be at least 1.5 times the height of nearby structures.

The crematory operator/owner shall provide the Borough with the necessary certifications to operate the crematory.

When cremations are taking place, an operator certified to operate the crematory shall be on site.

16.

Day-care center, adult.

The facility shall be registered with or licensed by the commonwealth. Proof of this valid license shall be provided to the Borough prior to the Borough's issuance of a zoning occupancy permit for the use. Copies of this valid license shall also accompany the annual operating report to be filed with the responsible Police Department and Borough Fire Departments.

There shall be provided an adequate area for safe dropoff and pickup. Areas for dropoff and pickup shall be safe for vehicle traffic and typically be separated from normal vehicle traffic and shall not cause traffic congestion or unsafe traffic circulation either on-site or on the adjacent public streets.

These provisions do not apply to home based day cares which are classified as an accessory use.

17.

Day-care center, child.

Outdoor play areas shall be provided which shall have a minimum area of 65 square feet per child and which shall be secured by a fence with self-latching gate. The location of the outdoor play area shall take into account the relationship to adjoining properties.

The general safety of the property proposed for a day-care center or home based day care shall meet the needs of small children. There shall be no potential hazards in the outdoor play area.

There shall be provided an adequate area for safe child dropoff and pickup. Areas for dropoff and pickup shall be safe for vehicle traffic and typically be separated from normal vehicle traffic and shall not cause traffic congestion or unsafe traffic circulation either on-site or on the adjacent public streets.

These provisions do not apply to home based day cares which are classified as an accessory use.

18.

Gasoline service station.

No gas/fuel station shall be located within 1,000 feet of another gas/fuel station.

Access driveways to the service station shall be at least 30 feet from the intersection of any public streets.

Gasoline pumps shall be located at least 30 feet from the edge of the ROW of a public street.

The ingress and egress shall not create hazardous conditions or undue congestion of traffic circulation in the immediate area.

Air towers and water outlets may be located outside an enclosed building, provided that no portion of these facilities shall be closer than 10 feet to any property line.

All automobile parts and supplies shall be stored within a building, except that automotive supplies may be displayed for sale at the fuel pump and at a distance no greater than five feet from the pumps.

All canopy lighting must be fully recessed within the canopy.

19.

Greenhouse/nursery.

Impervious surface coverage shall not exceed 20%.

All principal and accessory structures shall be placed a minimum of 75 feet from all property lines.

The retail sales area for a greenhouse shall not exceed 1,200 square feet. The growing area shall not be considered sales area.

All supplies and equipment shall be stored within a completely enclosed building.

Exterior display and sales of building materials and/or equipment associated with the permitted principal use shall require landscape supply yard approval.

20.

Group care facility.

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

The facility shall be licensed or certified by the sponsoring agency, if applicable, and evidence of certification or licensing shall be prerequisite to obtaining occupancy.

No group care facility shall be located within 3,500 feet of another group care facility.

Adequate open space opportunities for recreation shall be provided on the lot for the residents of the group care facility consistent with their needs.

The outdoor open space area shall be secured by a fence with self-latching gate.

A group care facility shall have direct access to a street defined as arterial or collector by this chapter.

21.

Junkyard/salvage yard.

The site shall be maintained so as to not constitute a nuisance or a menace to public health and safety. No garbage, organic waste, or hazardous waste shall be stored, buried, or disposed of on the site.

The manner of storage of junk shall be arranged in such a fashion that aisles of a minimum width of 25 feet between rows of junk are maintained in order to facilitate access for firefighting and prevent the accumulation of stagnant water. The proposed layout of the junkyard shall be indicated on the site plan submitted with the application.

No junk shall be stored or accumulated and no structure shall be constructed within 50 feet of any dwelling unit or within 25 feet of any other parcel line or ROW of a public street.

The site shall be enclosed by a metal chain-link fence not less than eight feet in height, supported on steel posts with self-latching gate.

The fence shall be supplemented with screening material which creates a visual barrier that is at least 80% opaque.

No vehicles or material related to the principal use shall be stacked higher than the visual barrier.

The Borough Council may impose restrictions on access to the facility, storage of vehicles or materials on the premises, hours of operation and other such matters as they deem necessary to ensure that there is not adverse impact upon the functioning of the district or adjacent parcels.

Outdoor lighting, if any, shall be shielded and/or reflected away from adjoining properties.

22.

Kennel.

The operator or owner of any kennel must hold all current state and local licenses and permits for the location, activity, and number of animals so specified.

Kennels shall be located within a completely enclosed building and soundproofed to reduce noise impacts on adjacent properties.

Outdoor runs and similar facilities shall be constructed for easy cleaning, shall be maintained in a safe condition, and shall be secured by a fence with a self-latching gate.

Outdoor runs, pens, coops, and similar facilities shall be located at least 50 feet from any occupied dwelling on adjoining property and shall be visually screened from adjoining lots.

23.

Landscape contractor.

All supplies and equipment shall be stored within a completely enclosed building.

Exterior display and sales of building materials and/or equipment associated with the permitted principal use shall require an approval of a supply yard as an accessory use.

Exterior storage of building materials and/or equipment associated with the permitted principal use shall require an approval of a storage yard as an accessory use.

The use shall be accessed directly from an arterial or collector street.

24.

Medical marijuana dispensary.

The applicant shall demonstrate compliance with all facility regulations in Section 802 of the Medical Marijuana Act, as amended (Act 16, Pennsylvania Law 84, No. 16).[3]

[3]

Editor's Note: See 35 P.S. § 10231.802.

The dispensary shall meet the same land use requirements as other commercial facilities that are located in the underlying district.

25.

Medical marijuana grower/processor.

The applicant shall demonstrate compliance with all facility regulations outlined in Section 702 of the Medical Marijuana Act, as amended (Act 16, Pennsylvania Law 84, No. 16).[4]

[4]

Editor's Note: See 35 P.S. § 10231.702.

The grower/processor facility shall meet the same land use requirements as other manufacturing, processing, and production facilities that are located in the underlying district.

26.

Microbrewery and microdistillery.

Operations shall cease between the hours of 2:00 a.m. and 11:00 a.m. prevailing time, and the establishment may not be open to the public during those hours.

Shall not be located closer than 600 feet to another similar existing use.

Operations shall be regulated so that nuisances, such as excessive noise levels, shall not be created. The Borough may attach such reasonable conditions as it deems necessary to ensure the operation complies with this requirement.

27.

Oil or gas compressor station.

No oil or gas compressor station or an addition to an existing oil or gas well site shall be constructed or located within the Borough unless a zoning permit under this chapter has been issued by the Borough to the owner or operator approving the construction or preparation of the site for oil or gas development or construction of a natural gas compressor station.

In addition to the other requirements of this chapter the applicant shall provide to the Borough at the time of application the following information:

A narrative describing an overview of the project, including the number of square feet to be disturbed for development and the location, number and description of equipment and structures to the extent known.

A narrative describing an overview of the project as it relates to the natural gas compressor station.

The address of the compressor station as determined by the county 911 addressing program and information needed to gain access in the event of an emergency.

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

To the extent that the information has been developed, the applicant shall provide a plan for the transmission of gas from the site. The plan will identify, but not be limited to, gathering lines and other midstream and downstream facilities located within the municipality and extending 800 feet beyond the (municipality) boundary.

A site plan of the natural gas compressor station including any major equipment and structures and all permanent improvements to the site.

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

An appropriate site orientation and training course of the preparedness, prevention and contingency plan for all applicable emergency responders as determined by the Borough. The cost and expense of the orientation and training shall be the sole responsibility of the applicant. If multiple sites are in the same area (covered by the same emergency response agencies), evidence from the appropriate emergency response agencies that a training course was offered in the last 12 months shall be accepted. Site orientation for each oil and gas site shall still be required for the appropriate emergency responders, as determined by the Borough.

The applicant/operator shall comply with any generally applicable bonding and permitting requirements for Borough streets that are to be used by vehicles for site construction and site operations.

Access.

Oil and gas facilities shall be accessed directly from an arterial or collector street as defined by this chapter.

Accepted professional standards pertaining to minimum traffic sight distances for all access points shall be adhered to.

Access directly to state roads shall require Pennsylvania Department of Transportation (PennDOT) highway occupancy permit (HOP) approval. Prior to initiating any work at a drill site, the Borough shall be provided a copy of the HOP.

Access directly to Borough/county roads shall require a driveway permit/HOP prior to initiating any work at a well site.

Height. Permanent structures associated with natural gas compressor stations shall comply with the height regulations for the zoning district in which the natural gas compressor station or natural gas processing plant is located.

Setbacks/location.

Natural gas compressor stations and natural gas processing plants shall comply with all general setback and buffer requirements of the zoning district in which the natural gas compressor station or natural gas processing plant is located.

Recognizing that the specific location of equipment and facilities is an integral part of the oil and gas development, the operator shall strive to consider the location of its temporary and permanent operations, where prudent and possible, so as to minimize interference with Borough residents' enjoyment of their property and future development activities as authorized by the Borough's applicable ordinances.

In construction of compressor station sites, the natural surroundings should be considered and attempts made to minimize impacts to adjacent properties.

Screening and fencing.

Security fencing shall be at least six feet in height equipped with lockable gates at every access point and having openings no less than 12 feet wide. Additional lockable gates used to access compressor station sites by foot may be allowed, as necessary.

Warning signs shall be placed on the fencing surrounding the compressor station site providing notice of the potential dangers and the contact information in case of an emergency. During drilling and hydraulic fracturing, clearly visible warning signage must be posted on the pad site.

Lighting.

Lighting at a natural gas compressor stations shall, when practicable, be limited to security lighting.

All temporary and permanent outdoor lighting shall be shielded and/or reflected away from adjoining properties so that no direct beam of light, but only diffuse or reflected light, enters adjoining properties.

Noise. The operator shall take the following steps to minimize, to the extent possible, noise resulting from the oil or gas well development:

Prior to development, the operator shall establish a continuous seventy-two-hour ambient noise level at the nearest property line of a residence or public building, school, medical facility, emergency facility or other public residence or public facility, or 100 feet from the nearest residence or public building, school, medical facility, emergency facility or other public residence or public facility, whichever point is closer to the affected facility. In lieu of establishing the above seventy-two-hour ambient noise level, the operator may assume and use, for the purposes of compliance with this chapter, a default ambient noise level of 60 decibels. The sound level meter used in conducting any evaluation shall meet the American National Standard Institute (ANSI) standard for sound meters or an instrument and the associated recording and analyzing equipment which will provide equivalent data.

The operator shall provide documentation of any established seventy-two-hour evaluation relied upon to establish an ambient noise level greater than 60 decibels to the Zoning Officer within three business days of such a request.

The noise generated during operating hours activities shall not exceed the average ambient noise level (as determined by the seventy-two-hour evaluation) or default level, whichever is higher:

All permanent facilities associated with oil and gas well sites, including but not limited to natural gas compressor stations, shall meet the general noise requirements of this chapter. Where a conflict exists, the more stringent requirements shall apply.

Natural gas compressor stations or facilities performing the equivalent functions shall be constructed so as to mitigate sound levels, or have installed mitigation devices to mitigate sound levels so as to prevent such activity from being a nuisance to nearby residential or public buildings, medical, emergency, or other public facilities.

Effective sound mitigation devices shall be installed to permanent facilities to address sound levels that would otherwise exceed the noise level standards.

If a complaint is received by the Borough regarding noise generated during construction or operation of the compressor station, the operator shall, within 24 hours following receipt of notification, begin continuous monitoring for a period of 48 hours at the nearest property line to the complainant's residential or public building or 100 feet from the complainant's residential or public building, school, medical, emergency or other public facility, whichever is closer. The applicant shall report the findings to the Borough and shall mitigate the problem to the allowable level if the noise level exceeds the allowable rate.

As a condition of approval, applicant shall provide all permits and plans from the DEP and other appropriate regulatory agencies within 30 days of receipt of such permits and plans. A narrative describing the environmental impacts of the proposed project on the site and surrounding land and measures proposed to protect or mitigate such impacts shall be provided to the Borough.

28.

Oil or gas processing.

No oil or gas processing plant or an addition to an existing oil or gas site shall be constructed or located within the Borough unless a zoning permit under this chapter has been issued by the Borough to the owner or operator approving the construction or preparation of the site for oil or gas development.

In addition to the other requirements of this chapter the applicant shall provide to the Borough at the time of application the following information:

A narrative describing an overview of the project, including the number of square feet to be disturbed for development and the location, number, and description of equipment and structures to the extent known.

A narrative describing an overview of the project as it relates to the natural gas processing plant.

The address of the natural gas processing plant as determined by the county 911 addressing program and information needed to gain access in the event of an emergency.

The contact information of the individual or individuals responsible for the operation and activities of the natural gas processing plant shall be provided to the Borough and all applicable emergency responders as determined by the Borough. Such information shall include a phone number where such individual or individuals can be contacted 24 hours per day, 365 days a year. Annually, or upon any change of relevant circumstances, the applicant shall update such information and provide it to the Borough and all applicable emergency responders as determined by the Borough.

To the extent that the information has been developed, the applicant shall provide a plan for the transmission of gas from the site. The plan will identify but not be limited to gathering lines, natural gas compressor stations, and other midstream and downstream facilities located within the municipality and extending 800 feet beyond the (municipality) boundary.

A site plan of the natural gas compressor station including any major equipment and structures and all permanent improvements to the site.

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

The operator shall comply with any generally applicable bonding and permitting requirements for Borough roads that are to be used by vehicles for site construction, drilling activities and site operations.

Access.

Oil and gas facilities shall be accessed directly from an arterial or collector street as defined by this chapter.

Accepted professional standards pertaining to minimum traffic sight distances for all access points shall be adhered to.

Access directly to state roads shall require PennDOT HOP approval. Prior to initiating any work at a drill site, the Borough shall be provided a copy of the HOP.

Access directly to Borough/county roads shall require a driveway permit/HOP prior to initiating any work at a well site.

Height. Permanent structures associated with the natural gas processing plant shall comply with the height regulations for the zoning district in which the natural gas processing plant is located.

Setbacks/location.

Natural gas processing plants shall comply with all general setback and buffer requirements of the zoning district in which the natural gas processing plant is located.

Recognizing that the specific location of equipment and facilities is an integral part of the oil and gas development, and as part of the planning process, the operator shall strive to consider the location of its temporary and permanent operations, where prudent and possible, so as to minimize interference with Borough residents' enjoyment of their property and future development activities as authorized by the Borough's applicable ordinances.

In construction of the natural gas processing plant, the natural surroundings should be considered and attempts made to minimize impacts to adjacent properties.

Screening and fencing.

Security fencing shall be at least six feet in height, equipped with lockable gates at every access point and having openings no less than 12 feet wide. Additional lockable gates used to access the natural gas processing plant by foot may be allowed, as necessary.

Warning signs shall be placed on the fencing surrounding the natural gas processing plant providing notice of the potential dangers and the contact information in case of an emergency.

Lighting. All temporary and permanent outdoor lighting shall be shielded and/or reflected away from adjoining properties so that no direct beam of light, but only diffuse or reflected light, enters adjoining properties.

Noise. The operator shall take the following steps to minimize, to the extent possible, noise resulting from the oil or gas well development:

Prior to development, the operator shall establish a continuous seventy-two-hour ambient noise level at the nearest property line of a residence or public building, school, medical facility, emergency facility or other public residence or public facility, or 100 feet from the nearest residence or public building, school, medical facility, emergency facility or other public residence or public facility, whichever point is closer to the affected facility. In lieu of establishing the above seventy-two-hour ambient noise level, the operator may assume and use, for the purposes of compliance with this chapter, a default ambient noise level of 60 decibels. The sound level meter used in conducting any evaluation shall meet the ANSI's standard for sound meters or an instrument and the associated recording and analyzing equipment which will provide equivalent data.

The operator shall provide documentation of any established, seventy-two-hour evaluation, relied upon to establish an ambient noise level greater than 60 decibels, to the Zoning Officer within three business days of such a request.

The noise generated during operating hours activities shall not exceed the average ambient noise level (as determined by the seventy-two-hour evaluation) or default level, whichever is higher.

All permanent facilities associated with oil and gas well sites, including, but not limited to natural gas compressor stations and natural gas processing plants, shall meet the general noise requirements of this chapter. Where a conflict exists, the more stringent requirements shall apply.

Natural gas processing plants or facilities performing the equivalent functions shall be constructed so as to mitigate sound levels, or have installed mitigation devices to mitigate sound levels, so as to prevent such activity from being a nuisance to nearby residential or public buildings, medical, emergency, or other public facilities. Effective sound mitigation devices shall be installed to permanent facilities to address sound levels that would otherwise exceed the noise level standards.

If a complaint is received by the Borough regarding noise generated during construction or operation of the compressor station the operator shall, within 24 hours following receipt of notification, begin continuous monitoring for a period of 48 hours at the nearest property line to the complainant's residential or public building or 100 feet from the complainant's residential or public building, school, medical, emergency, or other public facilities, whichever is closer. The applicant shall report the findings to the Borough and shall mitigate the problem to the allowable level if the noise level exceeds the allowable rate.

29.

Oil or gas well/pad.

Application requirements. The zoning application must include the following information:

A written narrative signed and dated by the applicant, describing the proposed use and outlining an approximate time line for the proposed development. The time line shall include a schedule indicating the anticipated beginning and ending dates for the following activities:

Well site preparation;

Drilling activity;

Completion (perforating);

Stimulation (hydraulic fracturing);

Production work;

Plugging; and

Site restoration.

Written authorization from the property owner(s) who has legal or equitable title in and to the surface of the proposed development. A copy of the oil and gas, mineral or other subsurface lease agreement or similar document vesting legal or equitable title to the surface will constitute written authorization. The applicant shall provide any and all waivers from owners of protected structures.

The name and address of each property owner for each property within 1,000 feet of the proposed well, as well as all abutting property owners.

A site plan prepared by an engineer or surveyor licensed in Pennsylvania shall be provided to establish compliance with all applicable regulations. All drilling and production operations, including derricks, vacuum pumps, compressors, storage tanks, vehicle parking, structures, machinery, temporary housing, ponds and pits, and ancillary equipment on the well site shall be identified. All protected structures within 1,500 feet of the property lines of the well site shall be identified. All roads related to the development or facility must also be shown. A sufficient number of copies of the site plan shall be provided for review and comment by all Borough emergency service organizations.

A copy of the applicant's erosion and sediment control plan (ESCGP-2) or current permit requirement and post-construction stormwater management plan. Said plans shall be prepared by a licensed professional (e.g., engineer, surveyor, geologist or landscape architect) who is registered in Pennsylvania and who has attended up-to-date training provided by Pennsylvania Department of Environmental Protection, Office of Oil and Gas Management, on erosion and sediment control and post-construction stormwater management for oil and gas activities.

Copies of any and all permits and applications submitted to all applicable local, county, state, and federal agencies. Permits and plans shall include but not be limited to the Pennsylvania DEP well applications and all other required air, water, and waste management permits.

A road access plan showing both temporary and permanent access routes and identifying all ingress and egress points.

If any weight-restricted Borough roads will be used by applicant for any oil and gas development or operations, the applicant shall comply with any applicable Borough ordinances, PennDOT regulations, Borough road bonding requirements, provide proof of bonding of said roads, and enter into a road maintenance agreement with the Borough. In lieu of road bonding, the Borough and applicant may mutually agree to other terms to provide for restoration of the affected road(s).

Copies of highway occupancy permits and other permits already obtained at the time of the application submission. If no such permit has been obtained, the Applicant shall provide a copy of its application for the HOP and an approved permit when obtained.

10)

A driveway permit shall be required if the entrance to the site is on a Borough road.

11)

A copy of the applicant's preparedness, prevention and contingency plan.

12)

The name of an individual or individuals and their emergency contact information for the Borough or residents to report emergencies 24 hours a day each day of the week.

13)

Fee reimbursement. The applicant agrees to reimburse the Borough for all fees permitted under Section 617.3(e) of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10617.3(e).

Conditional use approval is nontransferrable without consent from Borough Council and shall automatically terminate, unless extended, if drilling is not commenced within one year from the date of issuance of the approval. The conditional use approval may be extended by the Borough Council upon written request by the operator, after notice and hearing. The operator shall provide proof that the requested conditional use permit for such location has not changed and that the operator meets all applicable criteria contained in this section.

Minimum lot requirement. Oil and gas well site development shall only be permitted to be located on property that is a minimum of five acres or larger. Multiple properties may be combined to meet the minimum.

Setbacks/location.

Oil and gas well/pads shall comply with all screening and buffer yard requirements of the zoning district in which the pad/well is located.

In construction of the oil and gas well/pad, the natural surroundings should be considered and attempts made to minimize impacts to adjacent properties.

Oil and gas well/pads and all drilling and production operations, including but not limited to derricks, vacuum pumps, compressors, storage tanks, vehicle parking, structures, machinery, ponds, pits, and ancillary equipment, shall be located not less than 500 feet from the nearest property line.

Wellheads shall be located not less than 500 feet from any protected structure.

State and federal compliance. The applicant shall comply with all applicable state and federal regulations and shall show evidence of obtaining the required state and/or federal permits, including proof of insurability, before initiating any work and maintaining the required permits throughout the duration of all operations. The applicant shall notify the Borough immediately of any suspension or revocation of the required state and/or federal permits. Upon notification of said suspension or revocation, the Borough-issued permits will hereby be deemed suspended or revoked until state and/or federal compliance is reached.

Access roads. Access to any well site shall be arranged to minimize danger to traffic and nuisance to surrounding properties and to maintain the integrity of Borough roads. The following shall apply:

The access road to the well site, beginning with its intersection with a Borough road, shall be paved for the first 50 feet and shall be improved with gravel or limestone for the remaining length in a manner that would reasonably minimize water, sediment or debris carried onto any public road. This shall be in place prior to the commencement of drilling operations.

All roads and accessways shall be constructed and maintained to prevent dust and mud from the surrounding area. A method of dust abatement shall be utilized during dry weather and under no circumstances shall brine water, sulphur water or water in mixture with any type of hydrocarbon be used for dust abatement.

Traffic. The applicant shall take necessary precautions to ensure the safety of persons in areas established for road crossing and/or adjacent to roadways (for example, persons waiting for public or school transportation). Where necessary and permitted, during periods of anticipated heavy or frequent truck traffic associated with development, the applicant will provide flagpersons or other alternative and approved safety mechanism to ensure the safety of children at or near schools or school bus stops and include adequate signs and/or warning measures for truck traffic and vehicular traffic. Applicant will coordinate its efforts with affected school districts so as to minimize heavy truck traffic during the hours school buses are picking up or dropping off children.

Site orientation. Before drilling, first responders shall have on-site orientation and be provided with adequate awareness information. Upon request from the Borough, the applicant will, prior to drilling of an oil or gas well, make available at its sole cost and expense, an appropriate site orientation for first responders. Such site orientation shall be made available at least annually during the period when the applicant anticipates drilling activities in the Borough.

Noise. All permanent facilities associated with the oil and gas well/pad shall meet the general noise requirements of this chapter. Where a conflict exists, the more stringent requirements shall apply. Noise standards during drilling activities shall be equal to or less than 60 decibels (dBa) at the property line dividing the site developed and all adjoining properties. In the event that an applicant is unable to meet the aforementioned requirements the applicant may either:

Utilize appropriate noise mitigation measures that may include sound barriers or such technology or devices that will allow the applicant to meet said noise requirements; or

Obtain a release waiver of said noise requirements from the owners/renters of those properties which would be affected by noise conditions in excess of that allowed.

Lights. No applicant shall permit any lights located on any operation site to be directed in such a manner so that they shine directly on a public road, protected use, adjacent property or property in the general vicinity of the operation site. To the extent practicable and taking into account safety considerations, site lighting shall be directed downward and internally so as to avoid glare on public roads, protected uses, and adjacent dwellings and buildings. Exterior lights shall be turned off except when personnel are working on-site or motion sensors are activated.

Water storage. Temporary water storage tanks or impoundments are permitted on the same lot, provided the applicant shall adhere to the following:

Impoundment must be 200 feet from property lines;

A copy of the Pennsylvania Department of Environmental Protection permits(s), if applicable, must be provided at the time of application or when available;

Chain-link fencing must be installed around any impoundment and shall be at least eight feet in height; and

The impoundment must be reclaimed in accordance with Department of Environmental Protection's rules and regulations after all of the proposed wells have been completed, or after each well is completed in the event that no additional wells are to be drilled within three months.

Signage, site identification. All signage must comply with Pennsylvania Department of Environmental Protection's "Unconventional Well 911 Emergency Response Information" regulations, 35 Pa.C.S.A. § 7321(a)(4) and 25 Pa. Code § 78.55(e), as may be amended.

Geophysical exploration.

For any areas of the Borough where the applicant intends to conduct seismic testing, a licensed geologist must provide a report regarding the ability of the land to subside due to the proposed operations. This report must detail the amount of risk of seismic activity because of existing subsurface conditions and with the introduction of drilling and fracking.

The applicant shall post a bond or other security in a form to be approved by the Borough in the amount of $1,000,000 to cover the cost of any damages as a result of seismic testing.

Fencing. Security fencing shall be equipped with lockable gates at every access point, and having openings no less than 12 feet wide. Gates shall be kept locked, except when being used for access to the site. Additional lockable gates used to access the well site, freshwater ponds or open pits by foot may be allowed, as necessary.

Structure height. Permanent structures of the oil and gas developments and facilities (both principal and accessory) shall comply with the height regulations of the applicable zoning district.

If there are unique characteristics of a proposed site, the Borough Council may impose or request additional requirements from an applicant.

30.

Personal care home.

No personal care boarding home shall be established within 1,000 feet of another personal care boarding home or transitional dwelling.

On lots of at least one acre, but no more than two acres, in any residential zoning district, the maximum number of residents in a personal care boarding home shall be 12.

On lots in excess of two acres in any R - Residential Zoning District, the maximum number of residents in a personal care boarding home shall be 25.

In any R - Residential District, the site proposed for a personal care boarding home shall have frontage on and direct vehicular access to a street defined as arterial or collector by the Borough.

Twenty-four-hour supervision shall be provided by staff qualified by the licensing or sponsoring agency.

Adequate provisions shall be made for access by emergency medical and firefighting vehicles.

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

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

31.

Private club.

The operations shall cease between the hours of 3:00 a.m. and 7:00 a.m., prevailing time (unless more restrictive non-operating-hours are established by the Borough Council in its conditional use decision).

Access to the establishment shall be by membership only and not to the general public.

All club operations shall be conducted within an enclosed building, and all doors and windows shall remain closed during the hours that the club is open for operation.

The facility entrances and exits (excluding emergency exits) which face adjacent residential dwellings and/or residential zoned properties shall have a vestibule with a second door to minimize noise impacts to adjacent residential dwellings and properties.

The club operations shall not cause or create a nuisance, including, but not limited to, excessive noise levels.

There shall be no noise or vibration discernible along any property line greater than the average noise level occurring on adjacent streets and properties.

32.

Restaurant, drive-in.

Each window, bay or area designed for drive-through service shall provide five reservoir vehicle stacking spaces per window, bay, or area; such space shall not encroach into any other required aisles or spaces.

Drive-through lanes shall be located to the rear of buildings unless the Borough Council determines that drive-through lanes located on the side of the building will have less impact on adjacent uses, vehicular and pedestrian circulation and safety.

Drive-through lanes shall be screened from view by landscaping, grading treatments, architectural features, or a combination of the above.

A drive-through shall be located so that it does not conflict with pedestrian or vehicular movement.

Drive-through lanes shall be distinctly marked by traffic islands a minimum of five feet in width. A separate circulation drive shall be provided for passage around and escape from the outermost drive-through service lane. The Borough Council may consider alternative designs when it is demonstrated that the drive-through is screened from view and that traffic and pedestrian circulation is improved.

A drive-through shall have no more than two service lanes and a passage around and escape from the outermost drive-through service lane.

33.

Self-storage facility.

All storage shall be within an enclosed building except vehicular storage, which may be permitted in a parking facility as an accessory use.

The minimum distance from the face of any storage building to the face of any adjacent storage building shall be 28 feet for storage units which are less than 15 feet in depth and 42 feet for storage units which are more than 15 feet in depth.

Minimum distance between the ends of storage buildings is 20 feet.

Maximum length of any storage building is 200 feet.

Maximum size of any storage unit shall be 14 feet wide, 40 feet deep and one story and no more than 15 feet in height. If storage units are placed back-to-back, the maximum width of the building shall not exceed 40 feet.

Storage units may not be equipped with water or sanitary sewer service.

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

The Borough Council may impose restrictions upon access to the facility, storage of vehicles or materials on the premises, hours of operation and such other matters as they deem necessary to ensure that there is no adverse impact upon the functioning of the adjacent parcels.

No door openings accessing storage units shall face an adjacent residential zoning district.

The site shall front along a collector street and shall have direct vehicular access to a collector street.

Vehicular access shall be limited to one two-way driveway from each collector street on which the site has frontage.

34.

Shopping center.

Any shopping center proposed with an anchor tenant space shall provide a centralized focal point to serve as a unifying feature within the overall center. The feature shall include a public plaza, open space or another similar amenity and be constructed as part of phase one, should the project be constructed in phases.

Buildings that exhibit long, flat facades and continuous linear strip development are not permitted. All buildings shall provide a prominent and highly visible street-level doorway or entrance along the front or side of the building which faces a street.

Sidewalks shall extend from the main entry point and link to the public sidewalk.

35.

Solar energy facility, principal use.

The applicant shall demonstrate through project planning and proposed mitigation that a proposed facility's visual impacts will be minimized for surrounding properties and the community. This may include, but not be limited to information regarding site selection, facility design or appearance, buffering, and screening of ground-mounted electrical and control equipment.

Where the installation of the facility constitutes a land development, all provisions of applicable ordinances shall be met.

Noise from any facility shall not exceed 50 decibels at the lot line adjacent to any lot in a nonresidential zoning district and 15 decibels at the lot line adjacent to any lot in a residential zoning district, unless the adjacent property owner shall have executed a nondisturbance easement, covenant, or consent which has been recorded in the Office of the Recorder of Deeds of Allegheny County. The decibel measurement shall be taken at the exterior of any occupied structure on any property other than that occupied by the facility. Methods for measuring and reporting acoustic emissions from the facility shall be equal to or exceed the minimum standards for precision described in AWEA Standard 2.1 — 1989, titled Procedures for the Measurement and Reporting of Acoustic Emissions from Wind Turbine Generation Systems Volume I: First Tier.

Construction of any facility shall comply with all rules, laws and regulations of the United States Federal Aviation Administration. Documentation of compliance shall be provided to the Borough.

To the extent applicable, all facilities shall comply with the Pennsylvania Uniform Construction Code and the regulations adopted by the Pennsylvania Department of Labor and Industry.

All electrical components of facilities shall conform to relevant and applicable local, state and national codes, and relevant and applicable international standards.

Facilities shall not be artificially lighted, except to the extent required by the Federal Aviation Administration or other applicable authority that regulates air safety.

Facilities shall not display advertising, except for reasonable identification of the facility manufacturer.

Transmission and power lines shall be placed underground or out of sight.

The following project information shall be submitted to the Borough for every proposed solar energy facility.

Project narrative including the following: an overview of the project, project location, the approximate generating capacity, the number, representative types and heights of facilities to be constructed, including their generating capacity, dimensions, and respective manufacturers, and description of any ancillary facilities to the solar energy system.

An affidavit or similar evidence of agreement between the property owner and the solar energy facility owner or operator, demonstrating permission to apply for necessary permits for construction and operation of a solar energy facility.

Identification of the properties on which the proposed facility will be located and the properties adjacent to the proposed location.

A site plan showing the planned location of each proposed solar energy facility, property lines, setback lines, access roads and the location of any ancillary structures, including equipment, cabling, buildings, structures, transmission lines, and substations.

A view shed impact analysis, illustrating views of the proposed facility from multiple angles.

A design certification by a certified engineer, consisting of the proposed foundation design and analysis of soil conditions.

Solar energy facilities shall not exceed a maximum height of 15 feet, measured from ground level to the tallest point on the facility.

Preliminary and final land development approval is required for the construction of any solar energy facility when it is the principal use on a site or lot.

All solar energy facilities shall, and any associated accessory equipment shall, comply with all area, dimensional, and yard setbacks for the zoning district in which the facility is located, as well as any other zoning provisions that apply, including buffering and landscaping.

Required landscape buffering may be modified so that tall tree species may be replaced with lower-growing tree species where the required tree species may interfere with the functioning of the solar energy facility, only where the required landscape buffer is adjacent to property where nonresidential uses are permitted.

Secure perimeter fencing shall be installed around the solar energy facility. The fencing shall not be constructed within any required landscape buffer or setback. The fencing shall be chain-link construction with rubberized coating in neutral earth tone colors, such as black or brown.

36.

Studio (art, music, photography).

No outside seating permitted.

Operations shall cease after 9:00 p.m.

Operations shall be regulated so that nuisances, such as excessive noise levels, shall not be created.

The Borough may attach such reasonable conditions as it deems necessary to ensure the operation complies with this requirement.

37.

Vehicle service and repair.

All use and equipment related to the facility operations and the repair/maintenance of the permitted vehicles shall be conducted entirely within a building.

Outside storage or parking of any disabled, wrecked, unlicensed or partially dismantled vehicle is not permitted for a period exceeding 10 days during any thirty-day period.

Vehicles awaiting repair outside and wrecked or junk vehicles shall be screened and a view of them from adjacent properties and streets obscured with a solid vegetative landscape buffer or opaque fencing of at least six feet in height.

When vehicles are to be stored on the site awaiting repair, there shall be a designated storage area that shall not include required parking for the site and such that traffic hazards or blocking of traffic flow shall occur.

No building, structure, canopy, gasoline pump, or storage tank shall be located within 25 feet of a residential zoning district.

All motorized vehicles not in operating condition shall be kept in fully enclosed buildings except as noted above.

The Borough Council may impose restrictions on access to the facility, storage of vehicles or materials on the premises, hours of operation and other such matters as they deem necessary to ensure that there is no adverse impact upon the functioning of the district, municipal infrastructure or adjacent land uses.

38.

Wind energy facility, principal use.

Where the installation of the facility constitutes a land development, all provisions of applicable ordinances shall be met.

Noise from any facility shall not exceed 50 decibels at the lot line adjacent to any lot in a nonresidential zoning district and 15 decibels at the lot line adjacent to any lot in a residential zoning district, unless the adjacent property owner shall have executed a nondisturbance easement, covenant, or consent which has been recorded in the Office of the Recorder of Deeds of Allegheny County. The decibel measurement shall be taken at the exterior of any occupied structure on any property other than that occupied by the facility. Methods for measuring and reporting acoustic emissions from the facility shall be equal to or exceed the minimum standards for precision described in AWEA Standard 2.1 - 1989, titled Procedures for the Measurement and Reporting of Acoustic Emissions from Wind Turbine Generation Systems Volume I: First Tier.

Construction of any facility shall comply with all rules, laws and regulations of the United States Federal Aviation Administration. Documentation of compliance shall be provided to the Borough.

To the extent applicable, all facilities shall comply with the Pennsylvania Uniform Construction Code and the regulations adopted by the Pennsylvania Department of Labor and Industry.

All electrical components of facilities shall conform to relevant and applicable local, state and national codes, and relevant and applicable international standards.

Facilities shall not be artificially lighted, except to the extent required by the Federal Aviation Administration or other applicable authority that regulates air safety.

Facilities shall not display advertising, except for reasonable identification of the facility manufacturer.

Transmission and power lines shall be placed underground or out of sight.

A wind energy facility shall be permitted as the principal use only on lots five acres or greater.

Preliminary and final land development approval is required for the construction of any wind energy facility when it is the principal use on a site or lot.

Setbacks.

All setbacks are to be measured from the center of any wind energy facility base to the nearest point on the foundation of a building or property line.

From off-premise buildings: 1.5 times the height of the wind energy facility at its tallest point.

From property lines: 1.1 times the height of the wind energy facility at its tallest point.

From public roads: 1.1 times the height of the wind energy facility at its tallest point.

The maximum height of any wind energy facility shall not exceed 120 feet, measured from ground level to the tallest point of the facility, measured to the tip of a blade fully extended perpendicular to the ground plane.

Any individual wind energy facility shall be separated from any other wind energy facility by a minimum of 1.1 times the height of the facility, measured from the tips of the blades when the blades are parallel with the ground level.

No moving parts of the wind energy facility shall extend over parking areas, driveways, roads, or sidewalks, except access ways necessary to service the facility.

The color shall be a neutral tone, such as white, off-white, or gray. The facility coloring shall be solid and any alphabetical or numeric characters shall be representative of the facility manufacturer only and shall comprise no more than five square feet.

The following project information shall be submitted to the Borough for every proposed wind energy facility.

Project narrative, including the following: an overview of the project, project location, the approximate generating capacity, the number, representative types and heights of wind facilities to be constructed, including their generating capacity, dimensions, and respective manufacturers, and description of any ancillary facilities to the wind energy system.

An affidavit or similar evidence of agreement between the property owner and the wind energy facility owner or operator, demonstrating permission to apply for necessary permits for construction and operation of a wind energy facility.

Identification of the properties on which the proposed facility will be located and the properties adjacent to the proposed location.

A site plan showing the planned location of each proposed wind energy facility, property lines, setback lines, access roads and the location of any ancillary structures, including equipment, cabling, buildings, structures, transmission lines, and substations.

A view shed impact analysis, illustrating views of the proposed facility, from multiple angles.

A design certification by a certified engineer, consisting of the proposed foundation design and analysis of soil conditions.

Decommissioning funds shall be posted and maintained with the Borough, in an amount equal to 125% of the estimated decommissioning costs, for as long as the facility exists, regardless of change of ownership of the facility or property on which it sits. Decommissioning shall include removal of wind turbines, buildings, cabling, electrical components, roads, foundations, and any other associated facilities.

An independent and certified professional engineer shall estimate the total cost of decommissioning without regard to salvage value of the equipment.

Decommissioning funds shall be posted and maintained with a bonding company, provided that the bonding company is authorized to conduct such businesses within the commonwealth and approved by the Borough and shall be in a form acceptable to the Borough.

If the wind energy system remains unused for a period of 12 consecutive months, the owner, operator, or property owner shall, at its expense, complete decommissioning of the system within six months. The wind energy system will be presumed to be at the end of its useful life if no electricity is generated for a continuous period of 24 months.

If the facility owner, operator, or property owner shall fail to appropriately complete decommissioning, the Borough may take such action as necessary to complete the decommissioning. The entry into 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.

There shall be no components attached or integral to the facility that facilitates unauthorized access to the structure, such as ladders or steps.

All access doors to wind energy facilities and electrical equipment shall be located or fenced, as appropriate, to prevent entry by unauthorized persons.

39.

Wireless communications facility (tower based).

Applicant shall provide to the Borough, prior to issuance of a zoning permit for construction, financial security to guarantee the removal of any tower-based WCF. Such financial security shall be in an amount determined by the Borough Engineer based upon industry standards for removal and shall be acceptable in form and content to the Borough Engineer.

No tower-based WCF shall be located or within 100 feet of an area in which all utilities are located underground.

Applicant shall provide evidence of the need for the proposed tower and WCF, but shall not be required to provide proprietary data.

Applicant shall supply documentation demonstrating that the proposed WCF complies with all state and federal requirements regarding aviation safety.

Where the WCF is located on a property with another principal use, the applicant shall present documentation that the property owner has granted an appropriate lease or easement for the WCF and for access to the WCF.

The conditional use general procedures and criteria at § 260-702 shall apply and be satisfied by the applicant. In addition, the applicant shall, at its expense, mail written notice of the scheduled public hearing to all owners of record of property within 500 feet of the proposed WCF. Such notice shall be mailed at least 14 days prior to the scheduled public hearing and the applicant shall provide a copy of such notice and proof of such mailing to the Borough at or before the time of the hearing.