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Specific Uses regulated in this article
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Age-restricted (§ 340-190)
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Agricultural, horticultural and nursery uses (§ 340-191)
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Airport and related uses (§ 340-192)
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Apartments (§ 340-193)
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Automobile sales, service, storage (§ 340-194)
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Bed-and-breakfast, long- or short-term (Airbnb) (§ 340-195)
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Boarding/rooming (§ 340-196)
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Bus or train station (§ 340-197)
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BYOB establishment (§ 340-198)
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Campground (§ 340-199)
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Car wash (§ 340-200)
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Casino (§ 340-201)
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Cemetery (§ 340-202)
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Check cashing establishment (§ 340-203)
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Chickens (§ 340-204)
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Child care center (§ 340-205)
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Club or lodge (§ 340-206)
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Cluster development (§ 340-207)
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College or university (§ 340-208)
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Correctional (§ 340-209)
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Crematorium (§ 340-210)
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Drug/alcohol rehab, halfway house (§ 340-211)
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Exhibition center (§ 340-212)
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Firing range (§ 340-213)
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Funeral homes (§ 340-214)
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Gas station (§ 340-215)
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Geothermal system (§ 340-216)
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Group homes (§ 340-217)
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Heliport (§ 340-218)
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Home occupation (§ 340-219)
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Hospital (§ 340-220)
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Hotel or Inn (§ 340-221)
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Kennel (§ 340-222)
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Landfill, solid waste facility (§ 340-223)
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Medical marijuana (§ 340-224)
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Mobile home park (§ 340-225)
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Mobile homes, trailers, etc. (§ 340-226)
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Nightclub (§ 340-227)
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Nursing home, convalescent, retirement (§ 340-228)
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Outdoor display, sales or storage (§ 340-229)
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Parking, off-street (principal) (§ 340-230)
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Pawn shop (§ 340-231)
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Places of worship (§ 340-232)
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Residential club (fraternity, sorority) (§ 340-233)
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Restaurant, cafe, tavern (§ 340-234)
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Restaurant, fast-food (§ 340-235)
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Self-storage facility (§ 340-236)
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Solar energy system, accessory (§ 340-237)
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Solar energy system, principal (§ 340-238)
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Stable (§ 340-239)
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Townhomes (row homes) (§ 340-240)
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Treatment center, veterans' (§ 340-241)
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Wind energy system, accessory (§ 340-242)
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Wind energy system, principal (§ 340-243)
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A.
Intent. The purpose of this use is to provide housing and recreational
facilities for "older persons," as that term is defined in the Federal
Fair Housing Act, as amended, and in regulations promulgated (or to
be promulgated) thereunder, on tracts of land that are consistent
with an environment for housing and permitted amenities for older
persons. This district recognizes that, compared to housing that is
not age-restricted, households with persons aged 55 and older without
minor children a) do not create burdens upon the public school system,
b) create little demand for athletic fields, c) generate less traffic,
d) involve lower water and sanitary sewage flows, and e) need fewer
parking spaces.
B.
Age-restricted requirements. Such developments shall be designed
and operated for occupancy by persons 55 years of age or older in
accordance with the following requirements:
(1)
Such developments shall meet the requirements for a development
to be considered as "housing for older persons" and "intended and
operated for occupancy by persons 55 years of age or older," as those
terms are defined and limited in Section 805(d)(2)(c) of the Fair
Housing Amendment Act of 1988, 42 U.S.C. § 3607(b)(2)(c),
as amended, and regulations promulgated (or promulgated in the future)
thereunder (the "Fair Housing Act").
(2)
The residential portion of such developments shall be organized
as a common interest community association as either a homeowners'
association under the Uniform Planned Communities Act, 68 Pa.C.S.A.
§ 5101 et seq., or condominium association under the Uniform
Condominium Act, 68 Pa.C.S.A. § 3101 et seq., whose members
shall consist of all unit owners, which association shall maintain
commonly owned areas, private streets, recreation areas, open space
facilities, and other common facilities. All unit owners in such developments
shall be required to pay necessary fees to the homeowners' or
condominium association, with a proper enforcement mechanism as provided
by state law. The declaration of the planned community or condominium
for the residential portion shall provide and require that the residential
portion of the land qualifies and remains qualified as a development
providing housing for older persons as that term is defined under
the Fair Housing Act.
C.
Tract size. The minimum tract size shall be 30 acres, which shall
be owned or controlled (such as being under an agreement to purchase)
by a single party at the time of the land development application.
The tract size of an such development shall include the residential
and nonresidential components.
D.
Density. The maximum density shall be five dwelling units per gross
acre of tract size for the development. Areas intended for recreational
uses, nonresidential components, buildings, proposed streets, wooded
areas, utility easements, buffer areas, stormwater detention/retention
pond areas and other areas of the tract shall not be deleted from
the gross tract area for the purposes of determining maximum density.
E.
Lot lines. Each dwelling in an age-restricted development may be
owned as a unit within a condominium without the requirement for individual
lot lines. Condominiums with lot lines and planned communities shall
comply with the setback requirements.
F.
A common community center shall be constructed by the developer with
private recreation facilities for the development's residents
and their invited guests.
(1)
A community center shall as a minimum include a multipurpose
room and at least one of the following other recreational facilities:
activity room, common dining area, kitchen area, craft room, fitness
room, lounge or another similar recreational facility or area for
members of the community and their invited guests.
(2)
The community center shall provide one parking space for each
125 square feet of the community center building.
(3)
Access to the community center shall be restricted to the development's
residents and their invited guests. The community center shall not
be open to the general public.
G.
Each dwelling unit shall have a minimum of two off-street parking
spaces.
H.
An age-restricted development is permitted to include a nonresidential
component subject to the following requirements:
(1)
The nonresidential component shall not occupy more than 10%
of the gross tract area.
(2)
The nonresidential uses can be located on separate lots and
held under separate ownership from the residential portion. There
is no requirement that the nonresidential component be a member of
any homeowners' association or condominium association.
A.
Sale and storage of farm products.
(1)
The sale and/or storage of farm products is permitted on any
farm in the Agricultural District.
(2)
Raising and keeping of farm animals is permitted on any farm
in the Agricultural District subject to the following:
(a)
The number of hogs or swine kept on a property shall not exceed
two per acre, unless the animal is a Vietnamese potbellied pig house
pet.
(b)
Structures used for the raising, keeping or housing of cows,
hogs, swine, chickens or other fowl shall be subject to the following
setback standards:
(c)
Raising, keeping and/or housing five or fewer head of livestock
or other such farm animals or 100 or fewer fowl shall be a primary
use.
(d)
Raising, keeping or housing more than five head of livestock
or other such animals or more than 100 fowl shall be a special exception
use.
The applicant shall prove that applicable reviews and approvals
by appropriate federal and state agencies will be met.
A.
Location of buildings. The distance between multifamily dwellings
on the same lot shall be not less than 25 feet. All buildings shall
be so located in relation one to another that the angle of horizontal
from the sill of the lowest window in the habitable area in one building
to the highest point of another building, excluding towers, chimneys
and similar fixtures, does not exceed 45°. Where possible, the
layout of dwellings shall be such that the front of one structure
does not face the rear of another.
B.
The proposed development shall be served by a public sanitary sewer
system.
C.
The proposed use shall be designed as a cohesive architectural project.
D.
No building shall exceed 180 feet in length, measured at ground level
or any floor level, whether on one frontage, or on the combined frontages
of the main frontage and that of any wings of the same building.
E.
All parking spaces and access drives shall be at least 10 feet from
any multifamily dwelling on the lot. This shall not apply to an interior
garage and/or a driveway intended to be used as a parking space for
one particular dwelling unit.
F.
Separate parking areas on a parcel shall be physically separated
from one another by a six-foot-wide planting strip.
G.
The maximum building size shall be restricted to not more than 16
dwelling units in one continuous structure and no portion of the building
below the first story shall be used for dwelling purposes.
H.
The distance at the closest point in all districts between any two
buildings of a group of elevator-type multiple dwellings, shall not
be less than 35 feet and for each two feet such height is increased
beyond a height of 35 feet the distance between such buildings shall
be increased by not less than one foot.
I.
Local shopping facilities to serve the residents of the building
may be included, provided the total floor area of the uses does not
exceed 10% of the total area of the principal building.
A.
All fuel tanks shall conform with state regulations.
B.
Borough-approved curbing shall be constructed and maintained in a
good and safe condition along all street property lines, except at
crossovers.
C.
The entire area of the gasoline station or repair garage traversed
by motor vehicles shall be hard surfaced.
D.
No building space used for repairs shall have an opening in roof
or walls within 15 feet of any lot line of a residential district.
E.
No repair garage or gasoline station vehicle entrance or fuel pump
shall be located within 200 feet of a primary or secondary school,
nor within 50 feet of a primarily residential use.
F.
All gasoline stations shall be so arranged and all fuel pumps shall
be so placed as to permit all servicing on the premises and outside
the public right-of-way. No fuel pump shall be placed closer to a
property line or street line than 12 feet.
G.
Sufficient off-street parking shall be provided for customer vehicles.
H.
Outdoor storage of motor vehicles shall not be within any required
buffer yard or street right-of-way.
I.
No abandoned or junk vehicle shall be stored on the premises for
more than 10 days within view of a public street.
J.
All paint work shall be performed within a building, with a fume
collection and ventilation system that directs fumes away from any
adjacent dwellings.
K.
Outdoor major repairs (such as body work and grinding) and outdoor
welding shall not occur within 200 feet of a lot line of a principal
dwelling.
A.
A bed-and-breakfast facility shall be permitted only in a single-family
detached dwelling.
B.
The principal use of the property shall remain that of a single-family
residential dwelling.
C.
The owners or a representative of the owners of a bed-and-breakfast
facility must be in the residence when guests are present.
D.
No more than eight guest rooms may be offered on any individual residential
property.
E.
The length of stay for any guest shall not exceed more than 14 uninterrupted
days.
F.
The bed-and-breakfast must be in operation a minimum of six months
per year.
G.
Accommodations at the bed-and-breakfast facility may include meals
prepared on the premises for the guests and included in the charge
for the room. Meals prepared on the premises can only be for the registered
guests. The owner shall comply with all federal, state and local requirements
for the preparation, handling and serving of food.
H.
Any amenities, such as tennis court, swimming pool, etc., shall be
solely for the use of the resident owner and guests of the facility.
I.
The owner shall maintain a current guest register.
J.
Applicant shall provide for the required off-street parking requirement.
K.
Each bed-and-breakfast facility shall comply with the Federal Life
Safety Code, the rules and regulations of the Pennsylvania Department
of Labor and Industry and all other applicable building, safety and
fire codes of the federal, state and local government.
L.
No exterior structural alteration of the building shall be made except
as may be necessary for purposes of sanitation, handicapped accessibility,
historic rehabilitation or safety. Alterations shall maintain the
single-family exterior character and shall require application and
council approval.
A.
Each rental unit shall include a minimum of 250 square feet. The
lot shall include a maximum of six rental units.
B.
Each rental unit shall be occupied by a maximum of two adults.
C.
The building shall be occupied by a resident manager.
D.
This use shall not be permitted unless the property owner provides
access for Borough representatives to inspect the entire building
for code compliance, prior to issuance of a zoning permit.
E.
Minimum side yard building setback: 15 feet each side.
F.
Maximum density: 3,000 square feet of lot area per rental unit.
G.
Rooms shall be rented for a minimum period of five consecutive days.
A.
Adequate street area for the loading, unloading and stacking of the
buses or taxis shall be available. The traffic movements necessary
for the operation of the facility shall be arranged so as not to promote
traffic congestion and to maintain traffic safety.
B.
The facility shall not be used for the storage of vehicles.
A.
In approving a conditional use, the Borough may establish limits
on hours of operation and minimum setbacks from residential districts
and certain uses.
A.
All campsites shall be located at least 50 feet from any side or
rear property line and at least 100 feet from any public street line.
B.
Each campsite shall be at least 3,000 square feet in size and shall
either provide parking space for one automobile which will not interfere
with the convenient and safe movement of traffic or equivalent parking
shall be provided in a common parking area.
C.
An internal road system with an all-weather dust-free surface shall
be provided.
D.
All outdoor play areas shall be set back 100 feet from any property
line and screened from adjoining residentially zoned or utilized properties.
E.
All campgrounds shall furnish centralized sanitary and garbage collection
facilities that shall be set back a minimum of 100 feet from any property
line. Such facilities shall be screened from adjoining residentially
zoned or occupied properties.
F.
Any accessory retail or service commercial uses shall be set back
a minimum of 100 feet from any property line. Such accessory commercial
uses shall be solely designed and constructed to serve the campground's
registered guests and their visitors. Any parking spaces provided
for these commercial uses shall only have vehicular access from the
campground's internal road rather than the public street. All
accessory commercial uses and related parking shall be screened from
adjoining residentially zoned or occupied parcels.
G.
All campgrounds containing more than 100 campsites shall have vehicular
access to an arterial or collector street.
H.
A minimum of 20% of the gross area of the campground shall be devoted
to active and passive recreational facilities, which shall not be
located within 100 feet of any property line. Responsibility for maintenance
of the recreation area shall be with the landowner.
I.
During operation, every campground shall have an office staffed by
the person responsible for operation of the campground.
J.
All water facilities, sewage disposal systems, restrooms, solid waste
disposal and vector control shall be approved and maintained in accordance
with the requirements of the PA DEP and the Borough.
K.
All lighting shall be arranged and shielded so that no glare or direct
illumination shall be cast upon adjacent properties or public streets.
A.
Where the facility is located adjacent to or across the street from
a residential zone, the facility shall not be open to the public between
the hours of 10:00 p.m. and 6:00 a.m.
B.
Traffic flow and ingress-egress shall not cause traffic hazards on
adjacent streets. On-lot traffic circulation channels and parking
areas shall be clearly marked.
C.
Adequate provisions shall be made for the proper and convenient disposal
of refuse.
D.
The applicant shall provide evidence that adequate measures will
be in place to prevent pollutants from being washed into the groundwater
or waterways.
E.
Any chemicals or polluted runoff that may be hazardous to aquatic
life shall be stored within an area that will completely contain any
leaks, spills or polluted runoff.
F.
Water from the car wash operation shall not flow onto sidewalks or
streets in such a manner as could cause ice hazards.
A.
The applicant shall seek input from the local public bus service
provider regarding bus stops. Any transit shelter shall be placed
such that it does not impede the normal pedestrian functions of the
sidewalk.
B.
Sidewalks shall be provided adjacent to public streets and from any
adjacent public street to a pedestrian entrance of the use. At least
one ADA-accessible pedestrian path shall be provided from a main pedestrian
entrance through the main on-site parking area. This pedestrian path
shall be demarcated by pavement markings or differing colors or materials
and be separated from adjacent parking spaces by curbing, curb stops
or similar barriers.
C.
Pedestrian sidewalks shall be provided in front of and along all
public pedestrian entrances to business buildings and all bus unloading
locations.
D.
Pedestrian routes and customer and employee parking areas shall be
sufficiently illuminated for safety and security. Pedestrian routes
and sidewalks shall be a minimum of five feet in width. Crosswalks
shall be well-marked and be ADA-accessible.
E.
A minimum of 10% of the total lot area shall be maintained in trees,
shrubs, vegetative ground cover and/or a landscaped pedestrian plaza
with decorative paving patterns, benches and/or preserved historic
features. This 10% area may be calculated based upon an entire tract,
as opposed to each lot within a development tract. Buffer yards may
count towards this requirement.
F.
A minimum ten-foot-wide landscaped planting area shall be located
abutting any public street. This planting area shall include shrubbery
and other landscaping that is designed and located to avoid conflicts
with safe sight distances at intersections.
G.
All waste storage areas and tractor-trailer loading docks that are
not within a building shall not be located along a facade facing an
adjacent arterial street.
H.
Consistent with the use of Crime Prevention Through Environmental
Design concepts, any shrubbery within parking areas is encouraged
to involve species with a mature height of less than three feet, or
regular trimming, to avoid obstruction of views of motorists and pedestrians
and to allow clear views for crime prevention. Fences, walls, or landscaping
should be provided to prevent and/or discourage public access to or
from dark and/or unmonitored areas.
A.
Minimum lot area: five acres. Any building or area used for storage
of equipment shall be set back a minimum of 50 feet from any lot in
a residential district.
B.
A plan shall be submitted which conforms all the requirements of
a subdivision plan, except that individual lots need not be shown.
No plan shall be acceptable which does not provide for the continuation
of existing streets or of streets already projected or shown on a
part of a Comprehensive Plan or Official Map for all or a portion
of the Borough. Land for required streets shall be dedicated by such
plan.
C.
No grave sites shall be placed within 20 feet of any lot line or
within 20 feet of a street right-of-way or an interior driveway through
the cemetery.
D.
The applicant shall submit draft legal provisions for review by the
Borough Solicitor to show that an acceptable system will be in place
to assure the long-term maintenance of the cemetery.
The building area occupied by a check cashing business shall
not be located within 5,000 feet from the lot line of a licensed gaming
facility.
A.
The keeping of up to three chickens is permitted on a one-acre lot.
(1)
One additional chicken is permitted for each additional 1/4
acre up to a maximum of 20 chickens.
B.
Roosters are only permitted in Agricultural District lots of five
acres or more.
C.
The lot shall contain a single detached dwelling unit residence.
D.
When outdoors, such animals shall be contained in an enclosed structure,
a fenced area or run, or a combination thereof.
E.
No facility for storing manure or feed shall be located within 100
feet of any adjacent residence not occupied by the applicant and not
less than 50 feet from any lot line.
A.
Group child care homes:
(1)
Such use shall only be permitted as an accessory use to a lawful
single-family detached dwelling unit.
(2)
A narrative setting forth the particulars of the operation,
including number of staff persons, anticipated maximum number of children
to be served, dropoff/loading areas, and staff parking shall be submitted
with the application.
(3)
The group child care home shall be licensed by the State Department
of Public Welfare prior to occupancy.
(4)
The group child care home shall be indistinguishable from the
exterior of other residential dwellings in the immediate neighborhood.
However, improvements required by permitting or licensing agencies
shall not be deemed incompatible merely because surrounding buildings
lack such facilities.
(5)
There shall be a maximum of two employees who are not permanent
residents of the dwelling unit, except that there may also be a nonresident
substitute, on an occasional basis, for the operator-caregiver.
(6)
The operator-caregiver shall be a permanent resident of the
dwelling unit.
(7)
One sign which must be nonilluminated identifying the group
child care home use, not to exceed 1.5 square feet, may be placed
on the property.
(8)
In addition to any applicable fence and buffer requirements
elsewhere in this chapter, a fence or buffer strip may be required
to prevent the use from being detrimental to surrounding property.
B.
Family child care homes:
(1)
The family child care home shall be registered by the State
Department of Public Welfare prior to occupancy.
(2)
Such use shall only be permitted as an accessory use to a lawful
single-family detached dwelling, twin dwelling or townhome/row home.
(3)
The family child care home shall be indistinguishable from the
exterior of other residential dwellings in the immediate neighborhood.
However, improvements required by permitting or licensing agencies
shall not be deemed incompatible merely because surrounding buildings
lack such facilities.
(4)
The operator-caregiver shall be a permanent resident of the
dwelling unit.
(5)
A family child care home shall not employ persons who are not
permanent residents of the home, except as occasional substitutes.
(6)
Only one sign which must be nonilluminated may identify the
family child care home, which shall not exceed 1.5 square feet.
C.
Child care center:
(1)
A narrative setting forth the particulars of the operation,
including number of staff persons, licensed capacity, and hours of
operation; and a site plan indicating at a minimum the location and
dimensions of the child care center structure, outdoor-play area,
dropoff/loading area, parking, and waste storage area shall be submitted
with the application.
(2)
The child care center shall be licensed by the State Department
of Public Welfare prior to occupancy.
(3)
In addition to any applicable fence and buffer requirements
elsewhere in this chapter, a fence or buffer strip may be required
to prevent the use from being detrimental to surrounding property.
(4)
A child care center may not be physically attached to any structure
containing one or more dwelling units.
(5)
A child care center shall be permitted as an accessory use to
a place of worship.
A.
A statement setting forth full particulars on the operation of the
use and a copy of the bylaws or articles of incorporation (if incorporated)
shall be filed with the Zoning Officer.
B.
The proposed use must be a nonprofit organization operated primarily
for the recreation and enjoyment of the members of such organization
and their occasional guests.
C.
The proposed use shall not adversely affect the safe and comfortable
enjoyment of properties in the neighborhood, and the design of any
structures erected in connection with such use shall be in keeping
with the general character of the area.
D.
See State Act 219 of 1990, which generally prohibits after-hours
clubs.
E.
The use shall not meet the definition of an adult use.
F.
The use shall not involve the sale of alcoholic beverages in a residential
district, except if permitted as a nonconforming use.
A.
Purpose.
(1)
To permit creative, functional and well-designed residential
development as an alternative to conventional lot layouts, all within
specific conditions, including but not limited to providing public
water and sewer service.
(2)
To outline conditions an applicant shall meet as a specific
burden of proof to obtaining conditional use approval.
(3)
To encourage affordable housing by reduction in the costs of
development by permitting layouts using less street length and less
length of curb, sidewalk and utility lines and less grading.
(4)
To preserve environmentally sensitive areas and hard-to-develop
areas in open space.
(5)
To allow usable recreation land to be provided in a tract without
reducing the amount of homes.
B.
Lot and area requirements.
(1)
Minimum development tract area: two acres.
(2)
Minimum lot area: 15,000 square feet.
(3)
Minimum lot width: 1/2 the width of the zoning district in which
the tract is located.
(4)
Minimum tract area as common open space: 20%.
(5)
Permitted uses: single-family detached houses and their customary
and incidental accessory uses.
(6)
Lots required to have a larger lot area because of the steep
slope provisions of this chapter shall not be reduced in area under
this section.
C.
Qualifying conditions. No cluster development shall be approved unless
the applicant proves in the determination of the Council, considering
the advice of the Planning Commission, that the cluster development
would be superior to what would occur in a conventional development
under the existing zoning, based upon one or more of the following
standards:
(1)
The cluster option would result in the permanent preservation
in common open space of land along a creek, river or lake or land
that is densely wooded or that is steeply sloped, or that would be
highly suitable for additions to existing public parkland.
(2)
The cluster option would allow the permanent preservation in
common open space of land clearly suitable for active recreation.
(3)
The cluster option would result in landscaped open space providing
a substantial buffer to reduce conflicts between dwellings and existing
or potential nuisance-generating uses.
(4)
The cluster option would result in the permanent preservation
of a tract of agricultural land that is economical in configuration
and characteristics.
D.
Cluster open space requirements.
(1)
The minimum percentage of a tract in open space required by
this article shall be met by permanently dedicating land as open space,
within one of the following procedures:
(a)
Public ownership. The open space required under this section
may be accepted by the Borough, the county, the state or the school
district for recreation or other clearly valid public purposes. No
government entity is under no obligation to accept ownership or maintenance
of the open space.
(b)
Homeowners' association ownership. This process for maintenance
of the commonly owned land shall meet the requirements of Section
705(d) of the Municipalities Planning Code.[1] All such agreements shall be reviewed by the Borough Solicitor
and require the approval of Council prior to recording of deeds to
ensure that adequate provisions are included for the perpetual maintenance
of such land.
[1]
Editor's Note: See 53 P.S. § 10705(d).
(c)
Dedication of noncontiguous land. In place of open space dedication
within the tract, Council may allow an applicant to dedicate land
to the Borough or the county that is noncontiguous to the tract. The
amount of such a dedication shall be twice the land area that would
be required to be dedicated if the dedication were within the same
tract as is proposed for housing development.
(d)
Agricultural land. Required open space may remain privately
owned as part of an agricultural lot. Deed restrictions shall prevent
the construction of any new buildings other than those necessary to
serve preapproved types of agricultural uses.
(2)
Decision. Council, after considering the advice of the Planning
Commission, shall decide which of the procedures for ownership and
management of the open space in this section shall be used in each
individual case, if a cluster development is to be approved.
(3)
Size. Required common open spaces shall have a minimum lot area
that is contiguous of greater than 25,000 square feet and have a minimum
width of 50 feet, which may include adjacent existing public parkland.
(4)
Nearby schools. If the proposed tract would be within 1,000
feet of an existing public school property, the school district should
be given an opportunity to comment on the proposed open space.
(5)
Open space improvements. The application shall include a detailed
and legally binding, if approved, description of the improvements
the applicant proposes to complete to the common open spaces to make
them suitable for passive and/or active recreation. No application
shall be approved if the common open space would not be clearly suitable
for active and/or passive recreation.
(a)
All common open spaces shall be improved by the developer in
such a manner so as to be usable for the intended function. All such
areas shall be clear of rocks that did not exist on the open space
areas prior to any development and free of all construction debris.
(6)
Unacceptable lands. The following land areas shall not be used
to meet the minimum required amount of open space under this section:
(a)
Wetlands required to remain largely undisturbed under federal
or state regulations.
(b)
Any land area that would be required to be set aside as open
space or recreational land under any other Borough ordinance.
(c)
Lands that would serve no valid purpose for active or passive
recreation or the preservation of environmentally sensitive areas.
(d)
Any stormwater detention areas, except for portions that the
applicant may prove to the satisfaction of the Borough would be suitable
and reasonably safe for recreation during the majority of the year.
A.
Minimum total lot area: 20,000 square feet.
B.
Off-street parking requirements may be increased if, in the judgment
of the Borough, such consideration as to the unavailability of public
transportation, the distance from population center, or a relatively
high percentage of students driving their own cars make such increased
requirements necessary.
C.
Illumination shall be properly directed and shielded from view from
adjoining street and residential areas.
No correctional facility shall be constructed within 250 feet
of a residence or residentially zoned lot, nor within 1,000 feet of
a school, place of worship, playground, park, camp, community center,
child day-care center or other area where minor children assemble
or congregate. This setback shall be measured from lot line to lot
line.
A crematorium as a principal use shall be set back a minimum
of 200 feet from all lot lines of existing dwellings and all undeveloped
residentially zoned lots.
A.
A narrative shall be submitted by the applicant describing the purpose
and general operation of the proposed facility, including the number
of residents and staff and level of supervision. The narrative shall
also describe any outpatient facilities which shall be provided on
the site, and their anticipated level of service for the next three
to five years.
B.
The facility shall receive the license or permit of any applicable
state, county or Borough agencies prior to the commencement of operations.
C.
All such facilities shall conform to the Borough's Building,
Property Maintenance and Fire Codes.
A.
All such uses shall have a barrier behind the target area which is
of sufficient height and thickness to adequately protect the public
safety. This barrier may be made of earth for an outdoor firearms
range.
B.
An outdoor firing range shall comply with any applicable published
standards of the National Rifle Association and other applicable federal,
state and local regulations.
C.
An outdoor firing range and any firing stations shall be located
a minimum of 250 feet from any residential lot line, unless all firing
would occur within a completely enclosed sound-resistant building.
D.
Clay pigeon shooting shall be directed away from homes and streets.
E.
An outdoor firing range shall be properly posted.
F.
The applicant shall provide evidence that the noise limits listed
in this chapter will be met.
G.
An indoor firing range shall be adequately ventilated and/or air-conditioned
to allow the building to remain completely enclosed.
A.
All fuel tanks shall conform with state regulations.
B.
Borough-approved curbing shall be constructed and maintained in a
good and safe condition along all street property lines, except at
crossovers.
C.
The entire area of the gasoline station or repair garage traversed
by motor vehicles shall be hard surfaced.
D.
No building space used for repairs shall have an opening in roof
or walls within 15 feet of any lot line of a residential district.
E.
No repair garage or gasoline station vehicle entrance or fuel pump
shall be located within 200 feet of a primary or secondary school,
nor within 50 feet of a primarily residential use.
F.
Fuel dispensers shall be set back a minimum of 30 feet from the existing
street right-of-way line and from any lot line of a lot occupied by
a residential use.
G.
All gasoline stations shall be arranged and all fuel pumps shall
be placed to permit all servicing on the premises and outside the
public right-of-way.
H.
All lots shall be kept free of paper and rubbish. No abandoned or
junk vehicle shall be stored on the premises for more than 10 days
within view of a public street.
I.
The use may include a convenience store if the requirements for such
use are also met.
J.
A canopy shall be permitted over the gasoline pumps with a minimum
front yard setback of 20 feet from each street or alley right-of-way
line. Such canopy may be attached to the principal building. An allowed
wall sign may be placed on a portion of the canopy that is behind
the minimum front yard setback line.
(1)
The canopy over gasoline pumps shall have a maximum height from
the ground to the top of the canopy of 20 feet, except for portions
of the canopy that are sloped to direct light away from streets and
dwellings.
(2)
Lights attached to the bottom of the canopy shall be recessed,
angled, or screened so that the luminaire itself is not visible from
beyond the lot lines.
A.
Open loop systems are permitted subject to the following:
(1)
Only an PA DCNR-licensed well driller or a geothermal system
installer accredited by the International Ground Source Heat Pump
Association (IGSHPA) shall conduct the drilling of a geothermal well.
The well drilling rig must also be approved by PA DCNR.
(2)
The geothermal system must be installed, maintained, and decommissioned
in accordance with IGSHPA Closed-Loop/Geothermal Heat Pump Systems
Design and Installation Standards, latest version.
(3)
The pipe loop is to be installed by a geothermal well installation
contractor who is certified in the proper method of heat fusion specified
by the pipe manufacturer. The geothermal well installation contractor
shall be responsible for ensuring that the pipe loop is installed
in accordance with the specifications of the ground source heat pump
system manufacturer and the pipe manufacturer, and that the borehole
is properly backfilled. Backfilling shall be according to the specifications
of the ground source heat pump equipment manufacturer. When sand is
the specified backfill material, the borehole shall be constructed
in the same manner as a water supply well. A casing is required to
be used and the annular space is required to be grouted.
B.
Minimum setbacks:
(1)
Property lines and right-of-way lines: 10 feet.
(2)
Delineated wetlands, floodplains, surface waters: 10 feet.
(3)
Storm drains and stormwater management facilities: 10 feet.
(4)
Building foundations: 10 feet.
(5)
Gravity sanitary sewer lines: 10 feet.
(6)
Domestic water lines or sanitary force mains: 15 feet.
(7)
Subsurface sewage disposal or storage systems: 25 feet.
(8)
Hazardous materials storage: 300 feet.
(9)
Superfund plumes: 300 feet.
C.
Maintenance.
(1)
All ground source heat pump systems shall be properly maintained
in accordance with the manufacturer's specifications, the installer's
specifications, and any applicable DEP or federal regulations.
(2)
A person who owns a lot upon which a ground source heat pump
system is installed, and any person who occupies a structure which
is served by a ground source heat pump system, shall be responsible
for maintaining the ground source heat pump system.
(3)
If a ground source heat pump system malfunctions, the person
responsible for the maintenance of the ground source heat pump system
shall take all action necessary to repair, modify, or alter the ground
source heat pump system to eliminate the malfunction.
(4)
Any ground source heat pump system leaks or releases shall be
reported by the applicant (and subsequent owners) to the Borough within
24 hours of the discovery of same, and the applicant (and subsequent
owners of the property) covenants and agrees to take all appropriate
action to minimize any fluid release to the ground and to promptly
repair any system leak.
(5)
In the event of the proposed discontinuance of the use of the
ground source heat pump system, a system closure plan will be prepared
and submitted to the Borough for its approval.
D.
Abandonment.
(1)
A geothermal system shall be abandoned in a manner acceptable
to the Borough and shall comply with the laws, rules, and regulations
applicable to the abandonment of water wells.
(2)
Any and all heat transfer fluid must be removed by displacement
with grout in a manner acceptable to the Borough.
(3)
The top of the borehole must be uncovered and capped with grout
in a manner acceptable to the Borough.
E.
Permitting.
(1)
It shall be unlawful to install a new geothermal well or modify
an existing geothermal well without a valid permit.
(2)
Prior to constructing a new geothermal well or modifying an
existing geothermal well, the property owner shall file all appropriate
applications with the Borough, county, or other regulating agency
and pay all applicable fees.
(3)
The application to construct or alter a geothermal well must
be filed on behalf of the current owner or equitable owner.
(4)
Any relocation of the proposed geothermal well site from the
permitted location must be submitted in writing and approved by the
Borough.
(5)
If geothermal well construction is not completed within three
years of the permit issuance date, the approval to construct shall
expire.
(6)
All geothermal well applications must be completed and include
the following information:
(a)
Applicant name and signature, address, and telephone number.
(b)
Site address, subdivision name, and lot number.
(c)
Driller name, PA DCNR number, and telephone number.
(d)
Tax parcel number.
(e)
Description of construction.
(f)
Site plan including:
[1]
Property lines, lot dimensions, slope direction, adjacent streets,
and reference to North.
[2]
Marked distances from the proposed geothermal well to any existing
and proposed water supplies, buildings, driveways, parking areas,
two nonparallel property lines, retention areas, surface waters, hazardous
materials areas, and any other feature that requires an isolation
distance as defined in this chapter.
F.
Compliance with other regulations. If any provision of this section
conflicts with any applicable state or federal law, rule, or regulation
which is more stringent or which is determined to preempt a provision
of this section, the applicable state or federal requirement shall
control.
G.
Closed loop systems are prohibited.
A.
A written narrative shall be submitted describing the purpose and
general operation of the proposed facility, including the number of
residents and staff, the level of supervision, and parking needs.
B.
A proposed facility shall be indistinguishable from the exterior
of other residential dwellings in the immediate neighborhood. However,
improvements required by code for access or exit from the building
shall not be deemed incompatible merely because surrounding buildings
lack such facilities.
C.
Any counseling or other services provided shall be solely for the
benefit of residents of the facility.
D.
The facility shall receive the license or permit of any applicable
state, county or Borough agencies prior to the commencement of operations.
E.
The facility shall not generate traffic greater in volume or different
in nature than would normally occur in the neighborhood in which it
is proposed to be located.
F.
No identification signs shall be permitted, except as required by
law.
G.
For each staff person greater than one, one off-street parking space
shall be provided, using the largest daily shift per week as a base.
H.
For the facilities where clients may drive and own vehicles, one
off-street parking space shall be provided per driver-vehicle owner.
I.
The site shall be convenient to those support facilities that are
essential to the functioning of the specific facility. These may include
mass transportation, medical, educational, recreational, job training,
social service, and/or other facilities being necessary for the particular
use.
A.
The landing pad shall be set back at least 100 feet from any sidewalk,
street or other public area and shall not be closer than 600 feet
to any residential district.
B.
The landing pad shall be clearly marked and signed around the perimeter
and shall include a circle with a diameter at least 1.5 times the
length of the longest helicopter using the facility.
C.
If the landing pad is within 1,500 feet of a residential district,
it shall not routinely be used for landings or takeoffs between 11:00
p.m. and 7:00 a.m., except for emergency medical purposes.
D.
A paved surface must be provided to prevent the blowing of dust,
dirt or other objectionable matter.
E.
The helistop shall be provided with such fire protection devices
and equipment as may be deemed necessary by the Borough Fire Department.
F.
All helistops shall comply with the requirements of this chapter
or applicable state and federal agencies, whichever is more restrictive.
G.
The applicant shall submit plans to the Borough that will direct
pilots to utilize approach and departure routes that will minimize
conflicts with residential neighborhoods, where practical and feasible.
This provision shall not apply to a medical emergency helistop.
H.
The applicant shall prove that the heliport has been located and
designed to minimize noise nuisances to other properties.
I.
Council may place conditions on the frequency of use, fueling facilities,
setbacks and hours of operation to minimize nuisances and hazards
to other properties. This provision shall not apply to any heliport
used exclusively for medical and emergency transport.
A.
Home occupation activities shall only be conducted within the principal
building or one accessory building.
B.
A home occupation shall not be of a type that routinely attracts
more traffic for business purposes than would be typical for a dwelling
in a residential district, except for a home occupation along an "arterial
street" or permitted offices of a medical, dental, chiropractic or
similar doctor.
C.
A home occupation providing a service (other than a medical office)
or instruction must be limited to appointment only and shall be limited
to serving one person at a time.
D.
The total floor area used for the home occupation shall not exceed
25% of the habitable floor area of the principal building.
E.
No more than one person who does not reside within the dwelling may
be employed on the premises or use the property as a meeting place
for the purpose of traveling to a worksite.
F.
A home occupation shall not be conducted in a manner that is perceptible
to other residents between the hours of 9:00 p.m. and 7:30 a.m.
G.
The residential character of the building and lot shall be preserved.
A home occupation shall not require exterior alterations or additions
of a building that would reduce its residential appearance. The exterior
design of new additions shall reflect the principal residential use
of the structure.
H.
The only sign that may identify or advertise a home occupation shall
be a single nonilluminated sign with a maximum sign area of 1.5 square
feet.
I.
A maximum of one commercial vehicle shall be based at the dwelling.
J.
If the use will include a non-resident employee, then an additional
off-street parking space shall be provided in addition to the parking
for the dwelling. If the use will involve customers regularly visiting
the property, then another additional off-street parking space shall
be provided.
K.
No on-site retail sales, warehousing or storage of equipment shall
be permitted, and no bulk manufacturing shall be permitted other than
custom crafts.
L.
A use shall not be permitted as a home occupation in a residential
district if it will routinely require deliveries or pickups by tractor-trailer
trucks.
M.
The use shall not produce noise, odors, vibration, or electrical
interference routinely detectable from another dwelling.
N.
The use shall not involve hazardous substances other than types typically
found in a dwelling.
O.
The use shall not involve manufacturing other than of custom crafts
and sewing.
P.
The use shall not involve commercial repair of motor vehicles.
A.
If regulated as a special exception use, a statement setting forth
full particulars on the operation to be conducted shall be filed with
the Borough by the applicant.
B.
No building shall be erected nearer than 30 feet from any lot line
within a residential district.
C.
Additional buffer strips may be required as part of a conditional
use approval.
D.
The use shall acquire and maintain any and all applicable licenses
required by state and/or local agencies as a condition of approval
and prior to the issuance of a zoning permit.
E.
Minimum lot area: two acres.
F.
Buildings and parking structures shall be set back a minimum of 50
feet from any lot in a residential district that is occupied by a
dwelling and is not owned by the hospital.
Tractor-trailer truck parking shall kept be a minimum of 50
feet from any lot of a principal dwelling.
A.
All structures in which animals are housed (other than buildings
that are completely soundproofed and air conditioned) and all runs
outside of buildings shall be located at least 150 feet from lot lines
of each existing dwelling. The setback shall be increased to 200 feet
if more than 20 dogs are kept overnight on the lot, and be increased
to 250 feet if more than 50 dogs are kept overnight on the lot.
B.
Buildings shall be adequately soundproofed so that sounds generated
within the buildings cannot routinely be heard within any principal
building on another lot.
C.
No animal shall be permitted to use outdoor runs, from 9:00 p.m.
to 8:00 a.m., that are within 250 feet of an existing dwelling.
D.
The facility shall be compliant with any kennel regulations of the
Commonwealth of Pennsylvania.
A.
Any solid waste storage, disposal and incineration shall be at least
200 feet from the following: public street right-of-way, exterior
lot line, 100-year floodplain, edge of a surface water body (including
a water filled quarry) or wetland of more than two acres in area.
B.
All areas to be used for the storage, disposal or incineration of
solid waste shall be a minimum of 500 feet from any residential district
or park or any existing dwelling or the banks of any perennial creek
or river.
C.
The use shall be served by a minimum of two paved access roads, each
with a minimum cartway width of 24 feet. One of these roads may be
restricted to use by emergency vehicles.
D.
Any burning or incineration shall be carried out in a completely
enclosed incinerator approved by the Pennsylvania Department of Environmental
Protection. Any material to be incinerated that is to be stored for
more than three hours shall be stored in an enclosed structure.
E.
The operation and day-to-day maintenance of the solid waste disposal
area 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 violations of this chapter.
F.
Open dumps and open burning of refuse are prohibited.
G.
The applicant shall prove to the satisfaction of the Borough that
the existing street network can handle the additional truck traffic,
especially without bringing extraordinary numbers of trash hauling
trucks through or alongside existing residential or residentially
zoned areas.
H.
The applicant shall prove to the satisfaction of the Borough that
the use would not routinely generate noxious odors discernible beyond
the property boundaries.
I.
A chain-linked or other approved fence with a minimum height of eight
feet shall surround active solid waste disposal areas to prevent the
scattering of litter and to keep out children. Earth berms, evergreen
screening and/or shade trees shall be used to prevent landfill operations
from being visible from neighboring streets or dwellings.
J.
A minimum total lot area of 20 acres (which may include land in an
adjoining municipality) is required for any solid waste facility other
than a solid waste-to-energy facility or a solid waste transfer facility.
For a solid waste-to-energy facility or solid waste transfer facility,
a minimum lot area of five acres shall be required for the first 250
tons per day of capacity to treat or dispose of waste, plus one acre
for each additional 100 tons per day of capacity. A solid waste facility
shall have a maximum total capacity of 750 tons per day.
K.
Any facility shall be operated in such a manner to prevent the attraction,
harborage or breeding of insects, rodents or vectors.
L.
An attendant shall be present during all periods of operation or
dumping.
M.
Secure gates, fences, earth mounds and/or dense vegetation shall
prevent unauthorized access.
N.
The operator of the use shall cooperate fully with local emergency
services, including 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.
O.
Under authority granted to the Borough under Act 101 of 1988, the
hours of operation shall be limited to between 7:00 a.m. and 9:00
p.m.
P.
The operator shall regularly police the area of the facility and
surrounding streets to collect litter that may escape from the facility
or trucks.
Q.
No radioactive, hazardous, chemotherapeutic or infectious materials
may be stored, processed, disposed or incinerated. Infectious materials
are defined as medical wastes used or created in the treatment of
persons or animals with seriously contagious diseases.
R.
Staging. No total area(s) larger than 50 acres shall be used as a
disposal area for a sanitary landfill in any calendar year.
S.
The applicant shall provide sufficient information for the Borough
to determine that the requirements of this chapter will be met.
T.
Nothing in this section is intended to supersede any state requirements.
It is the intent of this chapter that when similar issues are regulated
on both the Borough and state levels, that the stricter requirement
shall apply for each aspect, unless it is determined that an individual
state regulation preempts Borough regulation in a particular aspect.
The applicant shall provide the Zoning Officer with a copy of all
written materials and plans that submitted to DEP at the same time
as they are submitted to DEP.
U.
The operator shall enter into an agreement with the Borough specifying
the types and frequencies of environmental monitoring that will be
put into place while a solid waste-to-energy or sanitary landfill
is underway and for a minimum of three years after any landfill is
closed.
V.
A leachate treatment system may be an accessory use to a landfill,
and a recycling collection center and/or bulk-recycling center are
permitted in combination with any permitted solid waste disposal facility.
W.
For any transfer facility or waste-to-energy facility, all loading
and unloading of solid waste shall only occur within an enclosed building,
and over an impervious surface draining to an adequately treated holding
tank.
X.
At least a portion of the solid waste disposal facility shall be
within 1/2 mile by street of an arterial street.
Y.
The applicant shall provide a professional analysis of the expected
impacts of the facility on air quality, groundwater quality and surface
water quality, and expected health hazards to humans.
A.
Purpose. The purpose of this section is to establish a process and
standards for the establishment, construction, and operations of medical
marijuana facilities, pursuant to the Pennsylvania "Medical Marijuana
Act" (PA Act 16, 2016)[1] to allow for the integration of an allowed industry while
providing for the protection of the public's health, safety,
morals, and general welfare.
[1]
Editor's Note: See 35 P.S. § 10231.101 et seq.
B.
General provisions.
(1)
Academic clinical research centers are permitted where listed
on the Use Table[2] subject to the requirements of this chapter.
[2]
Editor's Note: The Use Table is included as an attachment to this chapter.
(2)
Medical marijuana grower/processors are permitted where listed
on the Use Table subject to the requirements of this chapter.
(3)
Medical marijuana transport vehicle offices are permitted where
listed on the Use Table subject to the requirements of this chapter.
(4)
Medical marijuana dispensaries are permitted where listed on
the Use Table subject to the requirements of this chapter.
C.
Specific requirements.
(1)
Academic clinical research centers.
(a)
Parking requirements will follow the parking schedule found
in the off-street parking regulations and/or as listed a research
facility.
(b)
An academic clinical research center may only grow medical marijuana
in an indoor, enclosed, and secure building which includes electronic
locking systems, electronic surveillance and other features required
by the DOH. The grower/processor facility shall not be in a trailer,
cargo container, mobile or modular unit, mobile home, recreational
vehicle, or other motor vehicle.
(c)
A buffer planting is required where an academic clinical research
center adjoins a residential use or district.
(2)
Medical marijuana grower/processor.
(a)
A medical marijuana grower/processor shall meet the same municipal
zoning and land use requirements as other manufacturing, processing,
and production facilities that are in the same district.
(b)
A medical marijuana grower/processor may only grow medical marijuana
in an indoor, enclosed, and secure building which includes electronic
locking systems, electronic surveillance and other features required
by the DOH. The grower/processor facility shall not be in a trailer,
cargo container, mobile or modular unit, mobile home, recreational
vehicle or other motor vehicle.
(c)
A medical marijuana grower/processor shall meet the setback,
parking, landscaping, coverage, and building height requirements of
the applicable zoning district to determine the building envelope
and maximum allowable floor area.
(d)
A buffer planting is required where a medical marijuana grower/processor
adjoins a residential use or district.
(e)
The maximum floor area of a medical marijuana grower/processor
shall be limited to 20,000 square feet, of which sufficient space
must be set aside for secure storage of marijuana seeds, related finished
product, and marijuana-related materials used in production or for
required laboratory testing.
(f)
There shall be no emission of dust, fumes, vapors, odors, or
waste into the environment from any facility where medical marijuana
growing, processing, or testing occurs.
(g)
Marijuana remnants and by-products shall be secured and properly
disposed of in accordance with the DOH policy and shall not be placed
within any unsecure exterior refuse containers.
(h)
The grower/processor shall provide only wholesale products to
other medical marijuana facilities. Retail sales and dispensing of
medical marijuana and related products are prohibited at medical marijuana
grower/processor facilities.
(i)
Grower/processors shall not locate within 1,000 feet of the
property line of a public, private, or parochial school or day-care
center. This distance shall be measured in a straight line from the
closest exterior wall of the building or portion thereof in which
the business is conducted or proposed to be conducted, to the closest
property line of the protected use, regardless of municipality in
which it is located.
(j)
Loading and off-loading areas within the structure are preferred.
If an external loading dock arrangement is designed, it should be
from within a secure environment.
(3)
Medical marijuana transport vehicle service.
(a)
A traffic impact study is required where the office is operated.
(b)
A buffer planting is required where a medical marijuana transport
vehicle service adjoins a residential use or district.
(c)
If for some reason a medical marijuana product is to be temporarily
stored at a medical marijuana transport vehicle service facility,
the facility must be secured to the same level as a medical marijuana
grower/producer and dispensary.
(d)
Loading and off-loading areas within the structure are preferred.
If an external loading dock arrangement is designed, it should be
from within a secure environment.
(4)
Medical marijuana dispensary.
(a)
A medical marijuana dispensary shall meet the same municipal
zoning and land use requirements as other commercial facilities that
are in the same district.
(b)
A medical marijuana dispensary must be legally registered in
the commonwealth and possess a current valid medical marijuana permit
from the DOH.
(c)
A medical marijuana dispensary may only dispense medical marijuana
in an indoor, enclosed, permanent, and secure building and shall not
be in a trailer, cargo container, mobile or modular unit, mobile home,
recreational vehicle or other motor vehicle.
(d)
A medical marijuana dispensary may not operate on the same site
as a facility used for growing and processing medical marijuana.
(e)
Medical marijuana dispensaries shall have a single secure public
entrance and shall implement appropriate security measures to deter
and prevent the theft of marijuana and unauthorized entrance into
areas containing medical marijuana.
(f)
Permitted hours of operation of a dispensary shall be 8:00 a.m.
to 8:00 p.m.
(g)
A medical marijuana dispensary shall be a maximum of 3,000 gross
square feet, of which no more than 500 square feet shall be used for
secure storage of product and shall have an interior customer waiting
area equal to a minimum of 25% of the gross floor area.
(i)
A medical marijuana dispensary may dispense only medical marijuana
to certified patients and caregivers and shall comply with all lawful,
applicable health regulations.
(j)
A medical marijuana dispensary shall not be located within 1,000
feet of the property line of a public, private, or parochial school
or a day-care center. This distance shall be measured in a straight
line from the closest exterior wall of the building or portion thereof
in which the business is conducted or proposed to be conducted, to
the closest property line of the protected use, regardless of municipality
in which it is located.
(k)
A medical marijuana dispensary shall be a minimum distance of
1,000 feet from the next nearest medical marijuana facility. This
does not include complementing or supporting businesses covered by
different definitions. This distance shall be measured in a straight
line from the closest exterior walls of the buildings or portions
thereof in which the businesses are conducted or proposed to be conducted,
regardless of municipality in which it is located. This separation
distance does not apply to the distance between the grower/processor
or academic clinical research centers and the specific dispensary
they serve, or with which they partner.
(l)
Any medical marijuana facility lawfully operating shall not
be rendered in violation of these provisions by the subsequent location
of a secondary or elementary school or a day-care center.
(m)
A buffer planting is required where a medical marijuana dispensary
adjoins a residential use or district.
(n)
Loading and off-loading areas within the structure are preferred.
If an external loading dock arrangement is designed, it should be
from within a secure environment.
D.
Building and zoning permits/approvals.
(1)
A zoning permit shall be required prior to obtaining a building
permit. For the construction or erection of a building; the alteration
of a building or portion thereof; the use or change in use of a building
or land; or any adjustments to a nonconforming use.
(2)
Permits may be denied if the applicant, in the reasonable opinion
of the Borough, is failing to comply with any state or local law or
regulation.
(3)
In the case of new construction, meeting the PA MPC definition
land development plan application is required to be submitted and
an approval secured, prior to establishment of the use.
(4)
If the application is to change the use of a building or needs
to demonstrate allocation of space within a structure, the applicant
shall provide architectural drawings prepared by an architect registered
in the Commonwealth of Pennsylvania.
(5)
A medical marijuana grower/processor must be legally registered
in the commonwealth and possess a current valid medical marijuana
permit from the DOH.
E.
Severability. If any section, subsection, sentence, clause or phrase
or portion of this section is for any reason held invalid or unconstitutional
by any court of competent jurisdiction, such shall be deemed a separate,
distinct, and independent provision and such holding shall not affect
the validity of the remaining portion thereof.
A.
Each newly placed manufactured/mobile home shall comply with the
most recent construction standards of the U.S. Department of Housing
and Urban Development.
B.
Each manufactured/mobile home shall be securely anchored to the ground
to resist damage from high winds.
C.
The minimum tract area shall be 30,000 square feet, which shall be
under single ownership.
D.
The maximum density of the manufactured home park shall not exceed
five dwelling units per acre. In calculating this density, a) land
in common open space or proposed streets within the park may be included
but b) land within the 100-year floodplain, wetlands and slopes over
25% shall not be included.
E.
The area from the base of each manufactured/mobile home to the ground
shall be surrounded by an enclosure that has the appearance of a foundation
of a site-built home.
F.
For any new or expanded area of a manufactured home park, a landscaped
area with a minimum width of 25 feet shall be maintained around the
perimeter of a manufactured home park, which shall only be interrupted
at approximately perpendicular vehicle or utility crossings. Such
landscaped area shall not include any buildings.
G.
For any new or expanded manufactured home park, each mobile/manufactured
home shall be set back a minimum of 20 feet from any other mobile/manufactured
home and at least 35 feet from any exterior lot line.
H.
Unenclosed porches, awnings, decks and accessory structures may be
15 feet from the walls of another dwelling.
I.
Interior roads and required parking spaces shall be paved in asphalt
with a stone subsurface, concrete or other material approved by the
Borough Engineer.
A.
Restrictions on parking, maintenance and location.
(1)
A mobile home, trailer, storage trailer, commercial vehicle
greater than 20 feet in length, or any other similar storage or residential
device, structure, or vehicle (for the purpose of this section, "oversized
vehicle"), shall not be parked, maintained or located on a premises,
except as otherwise set forth herein, or except when the appropriate
use permits, including a zoning permit, has been obtained in accordance
with the Borough ordinances and regulations.
B.
Conditions for maintenance during construction under subdivision
and/or development agreement.
(1)
An oversized vehicle may be maintained on a premises pursuant
to prior approval by Borough Council under a subdivision and/or development
agreement during the period of construction, only so long as appropriate
securities have been escrowed for the removal of such oversized vehicle.
C.
Conditions for parking on a property.
(1)
An oversized vehicle may be parked on a property, provided that
the following conditions are met:
(a)
An oversized vehicle must be owned, rented, or leased by the
owner of the property or a tenant residing at the property.
(b)
An oversized vehicle must be parked in a fully enclosed garage
or shall be located in the rear yard or side yard of the property.
(c)
For the purposes of this section, multiple frontage lots shall
be deemed to have one front yard, with said front yard being that
frontage on which the front door of the primary structure faces.
(d)
The oversized vehicle shall be located no closer than five feet
from any property line.
(e)
At no time shall there be parked more than two oversized vehicles
on a property, not including an oversized vehicle parked in a fully
enclosed garage. For the purposes of this section, a boat that rests
on a trailer shall be considered one oversized vehicle.
(f)
At no time shall any oversized vehicle be occupied without a
permit.
(g)
For loading or unloading, an oversized vehicle may be parked
in a front yard or on a public street for up to 48 hours, no more
than four times during a calendar year, provided that the sidewalk
and drive lane of the public street always remain unencumbered.
A.
The use shall acquire and maintain all applicable licenses required
by state and/or local agencies as a condition of approval and prior
to the issuance of a zoning permit.
B.
A statement setting forth full particulars on the operation to be
conducted shall be filed with the Borough by the applicant.
C.
No building shall be erected nearer than 30 feet from any lot line
within a residential district.
D.
Buffer yards as described elsewhere in this chapter shall be provided.
E.
The maximum permitted density shall not exceed 25 beds per acre.
F.
In a residential zone, such facilities are limited to a maximum of
30 beds.
G.
In a residential zone, such facilities shall be permitted only on
arterial or collector roads.
H.
A minimum of 20% of the site shall be suitable and developed for
outdoor passive recreation uses, which may include, but shall not
be limited to, sitting areas and pedestrian walks.
I.
The location, design, and operating characteristics of the use shall
be compatible with and not adversely affect adjacent properties and
the surrounding area. The proposed development shall be harmonious
with surrounding buildings with respect to scale, architectural design
and building placement.
A.
Where outdoor display, sales or storage are permitted in the Use
Table,[1] vending machines or kiosks, such as beverage dispensers,
ice machines, or DVD rental units, may occupy 20% of each building
face fronting a street.
[1]
Editor's Note: The Use Table is included as an attachment to this chapter.
A.
In a residential district, parking shall only be for the parking
of passenger automobiles.
B.
The facility is not to be used for sales, long-term storage, repair
work or servicing of any kind unless the requirements for such uses
are also met.
C.
All parking is to be separated by curbing, curb stops, fencing or
similar approved barriers from streets and lot lines.
D.
No off-street parking lot that abuts or is across the street from
a residential district may be used for the parking of tractors, tractor
trailers, buses or commercial vehicles equal to or greater than a
Class V. This restriction shall only apply to parking lots established
as a principal use of the lot and not where such parking is accessory
to or required as part of a lawful principal use.
A.
The building area occupied by a pawn shop facility shall not be located
within 5,000 feet from the lot line of a licensed gaming facility.
A.
The use may include a maximum of one dwelling unit, provided such
dwelling is limited to housing of full-time paid religious leader(s)
and their families.
B.
Except for the one dwelling permitted above, any residential, social
service, accessory or related uses shall only be permitted if all
of the requirements for such use are also met and the use is separately
approved.
C.
The applicant for a new place of worship shall provide a written
description of the intended use, including maximum number of attendees,
hours of operation, accessory uses, and amplification.
D.
Where permitted as a conditional use, Council may place reasonable
conditions on the use to ensure compatibility with surrounding uses.
E.
In residential zones, places of worship may not be located in structures
that are physically attached to a residential structure.
A.
A fifty-foot minimum building setback shall apply from any lot line
of a dwelling located within a residential district.
B.
If located on a lot separate from college educational buildings,
the structure shall contain a minimum of 400 square feet of lot area
for each resident.
C.
All such structures shall be owned and/or operated by an accredited
college or university.
D.
All such structures shall be limited to housing students enrolled
at or full-time employees of an accredited college or university and
up to two live-in advisors.
A.
Outdoor storage shall be limited to recreational vehicles, boats,
and trailers. No junk vehicles shall be stored within view of a public
street or a dwelling.
B.
Trash, radioactive or highly toxic substances, garbage, refuse, explosives
or flammable materials, hazardous substances, animal carcasses or
skins, or similar items shall not be stored.
C.
Interior traffic aisles shall be kept clear of obstructions to emergency
vehicles.
D.
Adequate lighting shall be provided for security and shall be directed
away from and shielded from adjacent residential uses.
E.
Any outdoor storage or garage doors within 200 feet of a street right-of-way
and visible from the street shall be screened from that street by
a buffer yard. Any fencing shall be placed on the inside of the plantings.
F.
Minimum separation between buildings: 20 feet.
G.
Maximum length of any building: 300 feet.
A.
An accessory solar energy system is allowed where indicated on the
Use Table[1] subject to the requirements of this chapter.
[1]
Editor's Note: The Use Table is included as an attachment to this chapter.
B.
A system is considered an accessory solar energy system only if it
supplies electrical or thermal power primarily for on-site use, except
that when a property upon which the facility is installed also receives
electrical power supplied by a utility company, excess electrical
power generated and not presently needed for on-site use may be used
by the utility company. The owner of the accessory solar energy system
shall provide written confirmation that the public utility company
has been informed of the customer's intent to install an interconnected
customer-owned generator and also approves of such connection. Off-grid
systems shall be exempt from this requirement.
C.
This section applies to solar energy systems to be installed and
constructed after the effective date of this chapter and all applications
for solar energy systems on existing structures or property.
D.
Any upgrades, modifications or changes that materially alter the
size or placement of an existing solar energy system shall comply
with the provisions of this section.
E.
Compliance with other regulations. The solar energy system shall
comply with all applicable building and construction codes as amended
and any regulations adopted by the Department of Labor and Industry.
The design and installation of accessory solar energy systems shall
conform to applicable industry standards, including those of the American
National Standards Institute (ANSI), Underwriters Laboratories (UL),
the American Society for Testing and Materials (ASTM), or other similar
certifying organizations, and shall comply with the Building Code
and with all other applicable fire and life safety requirements.
F.
No portion of an accessory solar energy system shall be located within
any front yard, nor within any required setback of any property.
G.
Building- or roof-mounted solar energy systems shall not exceed a
height of 12 inches from the rooftop surface. In no event shall such
systems exceed the maximum allowed height in any zoning district.
For purposes for the height measurement, solar energy systems other
than building-integrated systems shall be considered to be mechanical
devices and are restricted consistent with other building-mounted
mechanical devices.
H.
Setback. In addition to the building setback, the collector surface
and mounting devices for roof-mounted solar energy systems shall not
extend beyond the exterior perimeter of the building on which the
system is mounted or built. Exterior piping for solar hot water systems
shall be allowed to extend beyond the perimeter of the building on
a side yard exposure.
I.
Clearance. Roof-mounted solar energy systems shall be set back at
least three feet from the roof edge and roof ridgeline for Fire Department
access.
J.
Applications:
(1)
Plan applications for solar energy systems shall include scaled
horizontal and vertical (elevation) drawings showing the location
of the system on the building or on the property for a ground-mounted
system, including the property lines.
(2)
Roof-mounted systems other than a flat roof, the elevation must
show the highest finished slope of the solar collector and the slope
of the finished roof surface on which it is mounted.
(a)
Flat roof applications. A drawing shall be submitted showing
the distance to the roof edge and any parapets on the building and
shall identify the height of the building on the street frontage side,
the shortest distance of the system from the street frontage edge
of the building, and the highest finished height of the solar collector
above the finished surface of the roof.
(3)
Applications shall include manufacturer's specifications
and the name of the DEP-approved installer.
K.
Upon issuance of a zoning permit for a solar energy system, the Zoning
Officer shall provide written notice of the issuance by first-class
mail to the owner of record of each adjoining lot along with a copy
of this section of this chapter.
L.
Installation of a solar energy system does not guarantee the creation
of a permanent easement for solar access. However, existing solar
energy systems and solar access requirement shall be considered by
the Zoning Officer, Planning Commission and Council when reviewing
applications for land development or subdivision.
M.
Abandonment. If a solar energy system is inoperable for 12 consecutive
months, the owner shall be notified that they must, within three months
of receiving the notice, restore their system to operating condition.
If the owner fails to restore the system to operating condition within
the six-month timeframe, then the owner shall be required, at his
expense, to remove the solar energy system for safety reasons. The
system then would be subject to the Public Nuisance provisions of
the Municipal Code.[2]
A.
A principal solar energy system is allowed where indicated on the
Use Table[1] subject to the requirements of this chapter.
[1]
Editor's Note: The Use Table is included as an attachment to this chapter.
B.
Acreage. A principal solar energy system shall occupy less than one
acre.
C.
Height and setback. For purposes of determining compliance with lot
coverage standards of the underlying zone, the total surface area
of all ground-mounted and freestanding solar collectors, including
solar photovoltaic cells, panels, arrays, and solar hot air or water
collector devices, shall be considered impervious. Panels mounted
on the roof of any building shall be subject to the maximum height
regulations specified within each the underlying zone.
D.
All on-site utility and transmission lines shall, to the extent feasible,
be placed underground.
E.
A clearly visible warning sign concerning voltage must be placed
at the base of all pad-mounted transformers and substations.
F.
All mechanical equipment of principal solar energy systems, including
any structure for batteries or storage cells, shall be completely
enclosed by a minimum eight-foot-high fence with a self-locking gate,
and provided with screening in accordance with the landscaping provisions
of the Borough Subdivision and Land Development Ordinance.[2]
G.
If the applicant ceases operation of the energy project or begins
but does not complete construction of the project, the applicant shall
restore the site according to a plan approved by the Borough. A principal
solar energy system owner is required to notify the Borough immediately
upon cessation or abandonment of the operation. The owner shall be
responsible for the removal of the facility within six months from
the date the applicant ceases use of the facility or the facility
becomes obsolete. The owner shall then have 12 months in which to
dismantle and remove the principal solar energy system from the property.
At the time of issuance of the permit for the construction of the
system, the owner shall provide financial security in form and amount
acceptable to the Borough to secure the expense of dismantling and
removing said structures.
A.
Minimum lot area: two acres for the first horse or similar animal,
plus one acre for each additional horse or similar animal.
B.
Any horse barn, manure storage areas or stable shall be a minimum
of 50 feet from any lot line of an adjacent dwelling.
C.
Manure shall be regularly collected and disposed of in a sanitary
manner that avoids nuisances to neighbors. Manure shall be stored
in a manner that prevents it from being carried by runoff into a waterway.
A.
Maximum number of townhouses in any attached grouping: eight.
B.
All off-street parking spaces, except spaces on driveways immediately
in front of a carport or garage entrance, shall be set back a minimum
of 10 feet from any dwelling.
C.
Vehicle parking spaces and any garages or carports shall be located
to the rear of new townhouses to the maximum extent feasible. Where
a shared parking area is proposed, and a location to the rear of the
townhouses is not feasible, then a location to the side of a set of
townhouses shall be considered.
D.
Mailboxes provided within the street right-of-way shall be clustered
together in an orderly and attractive arrangement or structure. Individual
freestanding mailboxes of noncoordinated types at the curbside are
discouraged.
E.
Vehicular access points onto all arterial and collector streets shall
be minimized to the lowest reasonable number. No townhouse dwelling
within a tract of five or more dwelling units shall have its own driveway
entering onto an arterial or collector street.
F.
A sketch plan indicating the proposed site layout of townhouses shall
be submitted for Planning Commission review prior to the submission
of preliminary or preliminary/final subdivision or land development
plans.
A.
A narrative shall be submitted by the applicant describing the purpose
and general operation of the proposed treatment center, including
the number of residents, staff and level of supervision. The narrative
shall also include any outpatient facilities which shall be provided
on the site, and their anticipated level of service for the next three
to five years.
B.
The treatment center shall receive the license or permit of any applicable
state, county or Borough agencies prior to the commencement of operations.
C.
The facility must comply with all applicable fire, housing, building,
property maintenance, and health codes, and all regulations pertaining
to transient occupancy with respect to emergency lighting, smoke detectors,
exit lights, and other safety devices.
D.
Any food preparation, service, or distribution shall be licensed
and remain available for inspection.
E.
All services provided on site shall be contained within the structure
and operated by a nonprofit, charitable, or for-profit organization.
F.
The applicant for these facilities shall submit with its application
a plan outlining in detail the management of the facility. This shall
include information on personnel, supervision, hours of operation,
services provided, rules and regulations, and any other information
pertinent to the operation of the facility.
A.
An accessory wind energy system is allowed where indicated on the
Use Table[1] subject to the requirements of this chapter.
[1]
Editor's Note: The Use Table is included as an attachment to this chapter.
B.
The maximum number of wind energy systems per property shall be one.
C.
Appearance. Wind turbines shall be a nonobtrusive color, such as
white, off-white or gray.
D.
Location:
(1)
Wind turbines may be placed in the side or rear yards only.
(2)
Wind turbines shall be set back from the nearest occupied building
a distance not less than the greater of the maximum setback requirements
for that zoning classification where the turbine is located or 1.1
times the turbine height, whichever is greater. The setback distance
shall be measured from the center of the wind turbine base to the
nearest point on the foundation of the occupied building.
E.
Setback. The base of the tower shall be set back from all property
lines, public rights-of-way, and public utility lines a distance equal
to 1.1 times the turbine height. Turbines shall be allowed closer
to a property line than its total extended height if the abutting
property owner(s) grants written permission and the installation poses
no interference with public utility lines or public road and rail
rights-of-way. The setback distance shall be measured to the center
of the wind turbine base.
F.
Turbine height. "Turbine height" means the distance measured from
the surface of the turbine foundation to the highest point of wind
rotor or blade. Turbine height shall not exceed the greater of the
permitted height of a communications tower, if permitted in the district,
or two times the permitted height of a principal structure on the
lot.
G.
Sound. Sound produced by the turbine under normal operating conditions,
as measured at the property line, shall not exceed the definition
of "nuisance noise." Sound levels, however, may be exceeded during
short-term events out of anyone's control, such as utility outages
and/or severe windstorms.
H.
Wind turbine equipment. The design and installation of all accessory
wind energy systems shall conform to applicable industry standards,
including those of the American National Standards Institute (ANSI),
Underwriters Laboratories, the American Society for Testing and Materials
(ASTM), or other similar certifying organizations, and shall comply
with the Building Code and with all other applicable fire and life
safety requirements. The manufacturer's specifications shall be submitted
as part of the application.
I.
Engineered drawings. Building permit applications for accessory wind
energy systems shall include manufacturer's drawings of the wind
turbine structure and stamped engineered drawings of the tower, base,
footings, and/or foundation.
J.
Electrical Code compliance. Building permit applications for accessory
wind energy systems shall include manufacturer's line drawing
of the electrical components in sufficient detail to allow for a determination
that the manner of installation conforms to the National Electrical
Code.
K.
Utility notification. No small wind energy system shall be installed
until evidence has been given that the utility company has been informed
of the customer's intent to install an interconnected customer-owned
generator. Off-grid systems shall be exempt from this requirement.
L.
Abandonment. If a wind turbine is inoperable for 12 consecutive months,
the owner shall be notified that they must, within three months of
receiving the notice, restore their system to operating condition.
If the owner fails to restore the system to operating condition within
the six-month time frame, then the owner shall be required, at his
expense, to remove the wind turbine from the tower for safety reasons.
The tower then would be subject to the Public Nuisance provisions
of the Municipal Code.[2]
M.
Signage. All signs, other than the manufacturer's or installer's
identification, appropriate warning signs, or owner identification,
on a wind generator, tower, building, or other structure associated
with a small wind energy system visible from any public road shall
be prohibited.
N.
Lighting. No illumination of the turbine or tower shall be allowed
unless required by the FAA.
O.
Access. Any climbing foot pegs or rungs below 12 feet of a freestanding
tower shall be removed to prevent unauthorized access.
A.
A principal wind energy system is allowed where indicated on the
Use Table[1] subject to the requirements of this chapter.
[1]
Editor's Note: The Use Table is included as an attachment to this chapter.
B.
A principal wind energy system shall meet the requirements of an
accessory wind energy system in addition to the regulations described
in this section.
C.
A principal wind energy system requires preparation and submission
of a land development plan demonstrating that the proposed wind energy
system will comply with this section and the PA Uniform Construction
Code, Act 45 of 1999, as amended, and the regulations adopted by the
Department of Labor and Industry. The land development plan, in addition
to the other requirements of the Borough's Subdivision and Land
Development Ordinance,[2] shall contain the following:
(1)
A narrative describing the proposed wind energy system, including
an overview of the project; the project location; the approximate
generating capacity of the wind energy system; the approximate number,
representative types and height or range of heights of wind turbines
to be constructed, including their generating capacities, dimensions
and respective manufacturers, and a description of ancillary facilities.
(2)
An affidavit or similar evidence of agreement between the property
owner and the system owner or operator demonstrating that the system
owner or operator has the permission of the property owner to apply
for necessary permits for construction and operation of the wind energy
system.
(3)
Identification of the properties on which the proposed wind
energy system will be located, and the properties adjacent to where
the wind energy system will be located.
(4)
A decommissioning plan meeting the requirements described further
in this section.
D.
Warnings.
(1)
A clearly visible warning sign concerning voltage must be placed
at the base of all pad-mounted transformers and substations.
(2)
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.
E.
Setbacks.
(1)
Wind turbines shall be set back from the nearest occupied building
a distance not less than the greater of the maximum setback requirements
for that zoning classification where the turbine is located or 1.1
times the turbine height, whichever is greater. The setback distance
shall be measured from the center of the wind turbine base to the
nearest point on the foundation of the occupied building.
(2)
Wind turbines shall be set back from the nearest occupied building
located on a nonparticipating landowner's property a distance
of not less than five times the hub height, as measured from the center
of the wind turbine base to the nearest point on the foundation of
the occupied building.
(3)
Wind turbines shall be set back from the nearest property line
a distance of not less than the greater of the maximum setback requirements
for that zoning classification where the turbine is located or 1.1
times the turbine height, whichever is greater. The setback distance
shall be measured to the center of the wind turbine base.
(4)
Wind turbines shall be set back from the nearest public road
a distance of not less than 1.1 times the turbine height, as measured
from the right-of-way line of the nearest public road to the center
of the wind turbine base.
F.
Noise and shadow flicker.
(1)
Audible sound from a wind energy system shall not exceed 55
dBA, as measured at the exterior of any occupied building on a nonparticipating
landowner's property. Methods for measuring and reporting acoustic
emissions from wind turbines and the system 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 1: First Tier."
(2)
The system owner and operator shall make reasonable efforts
to minimize shadow flicker to any occupied building on a nonparticipating
landowner's property.
G.
Signal interference. The applicant shall make reasonable efforts
to avoid any disruption or loss of radio, telephone, television or
similar signals, and shall mitigate any harm caused by the wind energy
system.
H.
Decommissioning.
(1)
The applicant shall prepare provide a decommissioning plan at
the time of the initial application, to include the following:
(a)
A site plan showing the planned location of each wind turbine,
property lines, setback lines, access road and turnout locations,
substation(s), electrical cabling from the wind energy system to the
substation(s), ancillary equipment, buildings, and structures, including
permanent meteorological towers, associated transmission lines, and
layout of all structures within the geographical boundaries of any
applicable setback.
(b)
Documents related to decommissioning, including a schedule for
the decommissioning and financing security.
(c)
Other relevant studies, reports, certifications and approvals
as may be reasonably requested by the Borough to ensure compliance
with this section.
(2)
The system owner and operator shall, at its expense, complete
decommissioning of the wind energy system, or individual wind turbines,
within 12 months after the end of the useful life of the system or
individual wind turbines. The wind energy system or individual wind
turbines will presume to be at the end of its useful life if no electricity
is generated for a continuous period of 12 months.
(3)
Decommissioning shall include removal of wind turbines, buildings,
cabling, electrical components, roads, foundations to a depth of 36
inches, and any other associated facilities.
(4)
Disturbed earth shall be graded and reseeded unless the landowner
requests, in writing, that the access roads or other land surface
areas not to be restored.
(5)
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.
(6)
The system owner or operator shall post and maintain decommissioning
funds in an amount equal to net decommissioning costs; provided, that
at no point shall decommissioning funds be less than 25% of decommissioning
costs. The decommissioning funds shall be posted and maintained with
a bonding company or federal or commonwealth-chartered lending institution
chosen by the system owner or operator and participating landowner
posting the financial security, provided that the bonding company
or lending institution is authorized to conduct such business within
the commonwealth and is approved by the Borough.
(7)
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.
(8)
If the system owner or operator fails to complete decommissioning
within the twelve-month period described above, then the landowner
shall have six months to complete decommissioning.
(9)
If neither the system owner or operator nor the landowner completes
decommissioning within the twelve-month period and six-month period
described above, then the Borough may take such measures as necessary
to complete 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 plan.
(10)
The escrow agent shall release the decommissioning funds when
the system owner or operator has demonstrated and the Borough concurs
that decommissioning has been satisfactorily completed, or upon written
approval of the Borough to implement the decommissioning plan.
