In addition to all other applicable standards in this chapter, the standards in this Article VIII, which may include larger lot sizes, increased setbacks, and other standards more restrictive than established by other sections, shall apply to the uses as provided in the following sections. The omission from a section of a reference to other applicable requirements shall not exempt compliance with such requirements.
A.
Findings. In adopting these standards which apply to adult businesses,
the Borough has made the following findings in regard to the secondary
effects on the health, safety, and welfare of the citizens of the
Borough. The findings are based on evidence concerning the adverse
secondary effects of adult uses on the community presented in hearings
and in reports made available to the Borough, and on findings incorporated
in the cases of City of Renton v. Playtime Theaters, Inc., 475 U.S.
41 (1986), Young v. American Mini Theaters, 427 U.S. 50 (1976), and
Northend Cinema, Inc., v. Seattle, 585 P. 2d 1153 (Wash. 1978), and
on studies in other communities including, but not limited to, Phoenix,
Arizona; Minneapolis, Minnesota; Saint Paul, Minnesota; Manatee County,
Florida; Houston, Texas; Indianapolis, Indiana; Amarillo, Texas; Los
Angeles, California; Austin, Texas; Seattle, Washington; Oklahoma
City, Oklahoma; Beaumont, Texas; and New York City, New York; and
also on findings found in the Report of the Attorney General's
Working Group on the Regulation of Sexually Oriented Businesses, June
6, 1989, State of Minnesota.
(1)
Health concerns. The concern over sexually transmitted diseases is
a legitimate health concern which demands reasonable regulation of
adult businesses and adult uses in order to protect the health and
well-being of the citizens.
(2)
Behavior. Certain employees of sexually oriented business regulated
by this chapter as adult theaters and cabarets engage in higher incidents
of certain types of sexually oriented behavior at these businesses
than employees of other establishments.
(3)
Sexual acts. Sexual acts, including masturbation, oral and anal sex,
occur at sexually oriented businesses, especially those which provide
private or semiprivate booths or cubicles for viewing films, videos,
or live sex shows, as regulated by this chapter as adult bookstores,
adult novelty shops, adult video stores, adult motion picture theaters,
or adult arcades.
(4)
Unhealthy conditions. Offering and providing such space, encourages
such activities, which create unhealthy conditions.
(5)
Sexual activities. Persons frequent certain adult theaters, adult
arcades, and other sexually oriented businesses for the purpose of
engaging in sex within the premises of such sexually oriented businesses.
(6)
Communicable diseases. At least 50 communicable diseases may be spread
by activities occurring in sexually oriented businesses, including,
but not limited to, syphilis, gonorrhea, human immunodeficiency virus
infection (AIDS), genital herpes, hepatitis B, non B amebiasis, salmonella
infections and shigella infections; and the incidence of many of these
diseases is on the increase.
(7)
Unhealthy conditions. Sanitary conditions in some sexually oriented
businesses are unhealthy, in part, because the activities conducted
there are unhealthy, and, in part, because of the unregulated nature
of the activities and the failure of the owners and the operators
of the facilities to self-regulate those activities and maintain those
facilities.
(8)
Bodily fluids. Numerous studies and reports have determined that
semen is found in the areas of sexually oriented businesses where
persons view adult oriented films.
(9)
Accountability. Classifying adult businesses as conditional uses
is a reasonable means of accountability to ensure that operators of
adult businesses comply with reasonable regulations and conditions,
and to ensure that operators do not knowingly allow their establishments
to be used as places of illegal sexual activity or solicitation.
(10)
Externalities. There is convincing documented evidence that
adult businesses, because of their very nature, have a deleterious
effect on both the existing businesses around them and the surrounding
residential areas adjacent to them, causing increased crime, the downgrading
of property values, and the decline of the overall character of the
community. A number of municipal studies, including the 1986 Austin,
Texas study, have demonstrated this.
(11)
Operational characteristics. It is generally recognized that
adult businesses, due to their nature, have serious objectionable
operational characteristics, particularly when they are located in
close proximity to each other, thereby contributing to neighborhood
blight and downgrading the quality of life in the adjacent area. A
number of municipal studies, including the 1986 Austin, Texas study,
have demonstrated this.
(12)
Reason for control. The Borough desires to minimize and control
these adverse secondary effects and thereby protect the health, safety
and welfare of the citizenry, protect the citizens from increased
crime; preserve the quality of life, preserve property values and
the character of the surrounding community.
B.
Intent. It is the intent of this § 500-88 to:
(1)
Secondary effects. Regulate adult business in order to promote the
public health, safety, and welfare by minimizing the secondary effects
on the community which are associated with such businesses, and which
include difficulties for law enforcement, trash disposal, deleterious
effects on business and residential property values, increased crime
(particularly the corruption of morals of minors and prostitution),
and drive residents and businesses to move elsewhere.
(2)
Zoning district. Designate a zoning district where adult businesses
are permitted, and establish reasonable, content neutral standards
applicable to such uses.
(3)
Content. Have neither the purpose nor effect of imposing a limitation
or restriction on the content of any communicative materials including
sexually oriented or adult materials.
(4)
First Amendment. Not totally restrict or deny access by adults to
sexually oriented materials or adult materials protected by the First
Amendment of the Bill of Rights of the U.S. Constitution.
(5)
Intended market. Not deny access by the distributors and exhibitors
of sexually oriented entertainment to their intended market.
(6)
PA Code. Not condone or legitimize the distribution of obscene material,
or to encourage any violation of the PA Crime Code or PA Obscenity
Code.
C.
Standards. In addition to all other applicable requirements the following
standards shall apply to adult businesses:
(1)
Setback. Adult businesses shall not be located less than 500 feet from any of the uses listed in this § 500-88C. The distance between any adult business and any listed use shall be measured in a straight line, without regard to intervening structures, from the closet point of the adult business lot line and associated parking to the closet point on the lot line of the listed use.
(a)
Place of worship.
(b)
Public or private school or college.
(c)
Public recreation building or facility.
(d)
Public library.
(e)
Public museum.
(f)
Child day-care center.
(g)
Commercial enterprises catering primarily to persons less than
18 years of age.
(h)
Gaming establishment.
(i)
Any R-1, R-2, R-3 or R-4 Districts.
(2)
Similar businesses. Adult businesses shall not be located within
1,000 feet from any other adult business. The distance between any
two adult businesses shall be measured in a straight line, without
regard to intervening structures, from the closest point of the adult
lot line and associated parking to the closest point of the other
adult business and associated parking lot line.
(3)
Setbacks; buffer. An adult business shall have sufficient buffer yards as required by § 500-60, subject to such additional or stricter setbacks from the regular setback, said regular setbacks to apply as a minimum setback, to the structure housing the actual use and subject to the stricter screening as in the discretion of the Council shall be necessary for the public health, safety and welfare in particular situations and which assures appropriate buffer yards between the proposed use and surrounding and contiguous lots. Any such additional setback or screening requirements shall be stated as conditions for the use.
(4)
Enlargement.
(a)
No type of adult business may expand or change to another adult
business, except upon approval as an additional conditional use.
(b)
An existing, lawful nonconforming adult business may be expanded
as a conditional use once in total floor area beyond the floor area
that lawfully existed in such use at the time of adoption of this
provision of this chapter, but only in accord with the limitations
of this chapter.
(5)
Limit of one use. It shall be a violation of this chapter for any
person to cause or permit the operation, establishment, or maintenance
of more than one adult business in the same building, structure or
portion thereof, or an increase of floor area of any adult business
in any building, structure, or portion thereof that contains another
adult business.
(6)
Nonconformity. Any adult business lawfully operating on the date of enactment of this chapter that is in violation of any of the provisions of this § 500-88 shall be deemed a nonconforming use. Such nonconforming uses shall not be increased, enlarged, altered or extended, except as permitted in § 500-88C(4). The use may be changed to a conforming use. However, under no circumstances shall a non-conforming use as defined and regulated by this chapter be changed to any other type of adult business.
(7)
Location of new neighboring uses. An adult business lawfully operating as a conforming use shall not be rendered a nonconforming use if, subsequent to the grant of a conditional use permit, a use from which an adult business is required to provide a setback under § 500-88C(1) is developed within the required setback distance.
(8)
Lighting. Overhead lighting shall be provided to illuminate all improved
areas of the property; and said lighting shall comply with all requirements
of this chapter.
(9)
Visibility. No materials, merchandise, or film offered for sale,
rent, lease, loan or for view upon the premises shall be exhibited
or displayed outside of a building or structure or shall be visible
from a window, door, or exterior of a building or structure. Any building,
structure, or room used and occupied as an adult business shall be
windowless or have an opaque covering over all windows or doors of
any area in which materials, merchandise, film, service, or entertainment
are exhibited or displayed, and no sale materials, merchandise, film,
or offered items of service or entertainment shall be visible from
outside the structure.
(10)
Signs. Exterior signs shall comply with the provisions of Article XI. Content of such signs shall be limited to only the text of the name of the business and the hours of operation. No sign shall be erected upon the premises depicting or giving a visual representation of the type of materials, merchandise, film, service, or entertainment offered there.
(11)
Entrances. Each and every entrance to the structure shall be
posted with a notice that the use is an Adult Business, that persons
under the age of 18 are not permitted to enter, and warning all others
that they may be offended upon entry.
(12)
Physical or sexual contact. No use shall include live actual
or simulated sex acts or any physical or sexual contact between employees
and contractors, entertainers, or dancers, nor between employees,
contractors, entertainers or dancers and customers. At an adult live
entertainment use or facility, employees, entertainers, and dancers
shall maintain a minimum distance of three feet from customers.
(13)
Hours of operation. The use shall not operate between the hours
of 2:00 a.m. and 7:00 a.m.
(14)
Viewing booths. For public health reasons, private or semiprivate
viewing booths of any kind are prohibited. This specifically includes,
but is not limited to, booths for viewing adult movies or nude dancers.
(15)
Garments. All persons within any adult use shall wear nontransparent
garments that cover their genitals and the female areola, except within
a permitted lawful adult live entertainment use or facility.
(16)
State law compliance. As a specific condition of approval under
this chapter, the applicant shall prove compliance with all applicable
state laws, including, but not limited to, the Pennsylvania Liquor
Code, Act 219 of 1990; Act 207 of 1990 (which pertains to obscenity);
and Act 120 of 1996 (which pertains to adult-oriented establishments,
and which limits enclosed viewing booths among other matters).
(17)
Exemption for modeling class. Any modeling class which involves a person appearing in a state of nudity and which is operated by or involves any of the following shall be exempt from the provisions of this § 500-88:
(a)
By a proprietary school, licensed by the state, or an academically
accredited college or university;
(b)
By a private college or university which maintains and operates
educational programs in which credits are transferable to a college,
junior college or university supported entirely or partly by taxation;
(c)
In a structure:
[1]
Which has no sign visible from the exterior of the structure
and no other advertising that indicates a nude person is available
for viewing; and
[2]
Where, in order to participate in a class, a student must enroll
at least three days in advance of the class; and
[3]
Where no more than one nude model is on the premises at any
one time; or
(d)
By an organization which qualifies under § 501(c)(3)
of the U.S. Internal Revenue Code as a nonprofit organization or foundation.
The following standards and requirements shall apply to an agritourism enterprise activity which is allowed as a special exception only in those districts as classified by the Schedule of Uses in § 500-17:
A.
Location; parcel size. Agritourism enterprises shall be on the same
parcel or lot where the farming activities take place, which shall
have a minimum lot area of 10 acres.
B.
Permitted activities. The following activities, and activities that
the applicant proves are closely similar in use and operations, shall
be permitted as an agritourism enterprise.
(1)
U-pick operations (i.e., berry or fruit picking).
(2)
Farm wineries, distilleries, breweries and microbreweries, tours
and tasting rooms associated with these facilities.
(3)
Production of products from items grown/raised on the farm (including,
but not limited to, wine, cider, dairy products, ice cream, baked
goods, and clothing products), provided that at least 25% of all the
raw materials used in the production of the items are grown/raised
on the farm or from a facility in same ownership for sale of products.
(4)
Local farm products retail operations (including crafts, food products
made from products grown/raised on the farm, garden and nursery products
grown on the farm, and clothing products made from wool of animals
raised on the farm, etc.), provided that at least 25% of all of the
items for display or sale are grown, raised, or produced on the farm
or from a facility in same ownership for sale of products.
(5)
Farm-related interpretive facilities and exhibits.
(6)
On-site farm, garden, greenhouse, and nursery tours.
(7)
Walking and bicycle tours and trails.
(8)
Christmas tree farm, cut-your-own.
(9)
Corn mazes.
(10)
Horseback/pony rides.
C.
Food service. Packaged snacks, catered food and food vendors are
permitted on-site during activities for any permitted agritourism
use. All food and/or beverages sold for consumption and food sale
facilities on site shall comply with federal, state, and local regulations.
D.
Impacts. Agritourism enterprises shall not have significant impacts
on the agricultural viability or rural character of neighboring properties.
E.
Hours of operation. The applicant shall identify the anticipated
hours of operation for the agritourism enterprise, but all outdoor
activities shall be conducted only between dawn and dusk.
F.
Outdoor lighting. Outdoor lighting shall be limited to that needed to provide illumination of parking areas for three or more cars after dark and for pedestrian accessways. Lighting shall comply with § 500-67 and shall be extinguished no more than one hour after close of business.
G.
Parking. Off-street parking shall be provided in accordance with § 500-29. The applicant shall provide a reasonable explanation as to how the number and type of spaces provided will meet the needs of the proposed use. In no case shall parking be permitted in a location that would require visitors to have to cross a public road.
H.
Coverage requirements. The total for all building floor areas used
for agritourism enterprise uses, including buildings used for production,
storage and retail operations, are subject to the zoning regulations
regarding building and lot coverage requirements.
I.
Land development. When a permanent building is proposed for use by
the public, land development plans shall be required to be approved
by Jim Thorpe Borough.
J.
Outside items. Outside display, sales, or storage of items shall
be limited to items grown or produced in Pennsylvania, including products
associated with the agritourism business.
The procedures and standards in this § 500-90 shall apply to all proposed airports and heliports and any changes to existing airports and heliports.
A.
Approval required. The existence of airport hazard zones limits the
uses of surrounding landowners. No airport shall be permitted to make
any change which would affect the location of airport surface zones,
approach zones, or hazard zones, and no new airport shall be developed
unless zoning approval has been granted. The following shall constitute
changes at an airport requiring approval prior to the change:
(1)
Any extension of a runway's length or location;
(2)
Any change in the height of a runway;
(3)
The paving of any previously unpaved portions of a runway, taxiway
or holding area if such paving results in any change in airport rating
category under 67 Pa. Code § 471.5 as amended, affecting,
or altering the location or extent of any airport hazard zone;
(4)
Any change of runway direction or alignment;
(5)
Any change in the status of taxiways or holding areas affecting the
location or extent of any airport hazard zones;
(6)
Any change in airport rating category under 67 Pa. Code § 471.5
as amended, affecting, or altering the location or extent of any airport
hazard zone.
(7)
Any other physical, legal or rating change, or change in methods
of operation, flight paths or change in instrumentation or technology
resulting in a change in the location or extent of any airport hazard
zone.
B.
Application contents. The application for conditional use shall contain
the following documents and information:
(1)
A full narrative description of the airport and any changes proposed.
(2)
Plans and maps prepared by a registered professional engineer showing
the airport and any changes proposed to the airport.
(3)
Plans and maps prepared by a registered professional engineer showing
existing and proposed locations of the airport hazard zones.
(4)
Copies of all applications, correspondence, documents, maps or plans
submitted to the FAA and the Bureau of Aviation relating to the proposed
change or construction, rating change, or other rating, legal or physical
change.
(5)
A plan showing how the land or air rights negatively affected shall
be acquired, if necessary.
(6)
A list of the names and addresses of all landowners negatively affected
by the proposed airport or change within a height of 75 feet from
the surface of said lands by the change in airport hazard zones.
(7)
A list of the names and addresses of all landowners adjoining lands
owned or leased by the airport owner.
C.
Engineering review. The Borough Engineer shall review the application
and report whether the application to the Planning Commission complies
with all applicable ordinances, laws and regulations relating to airport
hazard zones. The Borough Engineer shall also report how the proposed
airport or change will affect neighboring landowners and landowners
in airport hazard zones. The Borough Engineer shall also review and
report on expected obstructions to aircraft resulting from the airport
or change, and upon the adequacy, feasibility, and practicality of
the applicant's plan to acquire the necessary air rights.
D.
Notice to FAA, the Bureau of Aviation, and the county. The Zoning
Officer shall send a copy of the completed application to the Bureau
of Aviation, FAA, and the County Planning Department by certified
mail, at least 14 days before the date of the hearing.
E.
Criteria to review. In acting on a conditional use, the Borough Council
shall consider:
(1)
The effect upon reasonable use of properties affected by the proposal;
(2)
How the applicant plans to acquire any necessary air rights;
(3)
The character of the flying operations expected to be conducted at
the airport;
(4)
The nature of the terrain within the airport hazard zone area;
(5)
The character of the community which is affected by the proposal;
(6)
The effect upon roads, development, transportation routes, and other
aspects of the Borough's Comprehensive Plan;
(7)
The provision of hazard lighting and marking;
(8)
The importance of aircraft safety.
F.
Runway and landing pad setbacks. The edges and ends of any runway
and/or helicopter landing pad shall be a minimum of 250 feet from
any property line.
The standards in this § 500-91 shall apply to all amusement parks.
A.
Horses and other domesticated animals for family use. The keeping
of horses and other domesticated animals specified below, for purposes
other than commercial or agricultural purposes, is permitted as an
accessory to residential uses on tracts of three acres or more in
size, subject to the following additional regulations:
(1)
Fencing shall be provided to restrain domestic animals from intruding
upon any neighboring property.
(2)
A structure for stabling or sheltering domesticated animals shall
be provided at least 200 feet away from any residence on any adjacent
property.
(3)
Density shall be one animal unit for the first three acres, with
an additional animal unit permitted for each additional acre, where:
|
1 horse = 1 animal unit
|
|
1 cow = 1 animal unit
|
|
2 pigs = 1 animal unit
|
|
2 sheep = 1 animal unit
|
|
2 goats = 1 animal unit
|
|
12 fowl of any kind = 1 animal unit
|
|
12 rabbits = 1 animal unit
|
(4)
Manure shall be removed at least biweekly and disposed of in a sanitary
manner. The accumulation of manure shall not be sufficient to cause
an odor problem, nor shall its disposal be accomplished in a manner
to cause or contribute to a problem of water pollution.
B.
Animal shelters and kennels, and veterinary clinics with outdoor animal cages. This § 500-93B shall apply to animal shelters and kennels, and to veterinary clinics with outdoor animal cages.
(1)
Setbacks. Any structure, outdoor kennels, or animal exercise areas
used for the keeping of animals shall meet the setbacks in Table 500-93.
(2)
Parking. Adequate off-street parking shall be provided pursuant to
this chapter with one space for each nonresident employee and one
space per four animals kept on the premises.
(3)
Noise barrier. A noise barrier consisting of a solid fence not less
than six feet in height or a dense vegetative planting of not less
than six feet in height shall be provided at a distance not to exceed
15 feet and fully encircling all kennel areas or animal exercise areas
not enclosed in a building.
(4)
Wastes. All waste materials generated on the premises shall be disposed of at a PA DEP-approved facility, and a detailed plan for the same shall be included with the zoning application. In any case, all animal wastes shall be stored in water-tight containers in an area meeting the setbacks in § 500-93A(1) until disposed of and proof of such disposal shall be provided to the Borough upon request.
(5)
Nuisances. All animal wastes shall be stored in an area meeting the
setbacks in setbacks in Table 500-93 and shall be disposed of properly.
The kennel shall not create any nuisance due to odor, noise, dust,
or other factor on any neighboring property.
|
Table 500-93
|
Minimum Lot Size
(square feet)
|
Property Line Setback
(feet)
|
Street* Setback
(feet)
|
Existing Building** Setback
(feet)
|
|---|---|---|---|---|
|
Animal shelters and kennels, and veterinary clinics with outdoor
animal cages
|
18,000
|
100
|
100
|
200
|
|
*
|
Applies to any public or private road right-of-way.
|
|
**
|
Applies to any existing principal residential or commercial
building not located on the project premises.
|
C.
Stables, commercial. Commercial stables, including horses for hire,
shall, in addition to all other applicable requirements of this chapter,
comply with the following:
(1)
Parcel size. A minimum parcel of five acres shall be required and
a single-family residence for the owner or manager shall be permitted
on the premises provided all other provisions of this chapter and
other applicable standards are met.
(2)
Number of horses. The number of horses permitted shall not exceed
two horses per every full one acre of land.
(3)
Building size. The building used to house the horses shall meet the
most current Society for the Prevention of Cruelty to Animals standards.
(4)
Fences. All horses shall be restricted from grazing or intruding
on an adjoining property by fences or other means. All such fences
shall maintain a setback of not less than five feet from all property
lines.
(5)
Parking. Adequate off-street parking shall be provided pursuant to
this chapter with one space provided for each nonresident employee
and one space per two horses kept on the premises.
(6)
Setbacks. Any stable building or corral or other indoor or outdoor
area used for feeding of animals, concentrated confinement of animals
or manure storage shall meet the setbacks on Table 500-93.
(7)
Nuisances; manure management. The operation of the stable shall not
create any nuisance due to odor, noise, dust or other factor on any
neighboring property, and the applicant shall provide a plan for soil
erosion and sedimentation control approved by the County Conservation
District and manure shall be managed in accord with a plan required
by state and County Conservation District requirements.
(8)
Uses permitted. The following types of uses shall be permitted as
part of the commercial stable:
(a)
Breeding, raising, keeping and sale of horses, and necessary
buildings and structures.
(b)
Training of horses, and necessary buildings and structures,
including facilities for training only, which are set back in accord
with Table 500-93.
(c)
Boarding of horses, and necessary buildings and structures.
(d)
The hire of horses for riding or other use by persons other
than the owners of the horses or the owners' guests.
(e)
Sale of horses other than the horses raised or boarded on the
premises.
(f)
Retail sales of any goods or merchandise which are incidental
and accessory to the stable use.
D.
Zoos, menageries, and wild and exotic animals. No individual other
than a registered veterinarian in the course of his/her professional
duties, or a licensed falconer who keeps and maintains only his/her
own birds, is permitted to maintain, keep or possess within the Borough
any wild or exotic animal except in an approved menagerie or zoo.
Menageries and zoos shall comply with the following requirements:
(1)
All animals and animal quarters shall be kept in a clean and sanitary
condition. Adequate ventilation shall be maintained.
(2)
The permit holder shall use every reasonable precaution to assure
that the animals are not teased, abused, mistreated, annoyed, tormented
or in any manner made to suffer by any means.
(3)
Animals which are enemies by nature or are temperamentally unsuited
shall not be quartered together or so near each other as to cause
the animals fear or to be abused, tormented, or annoyed.
(4)
The permit holder shall maintain the premises so as to eliminate
offensive odors or excessive noise.
(5)
The permit holder shall not permit any condition causing disturbance
of the peace and quiet of neighbors.
(6)
Animals must be maintained in quarters so constructed as to prevent
their escape. The permit holder assumes full responsibility for recapturing
any animal that escapes from the premises. The permit holder shall
make adequate provisions and safeguards to protect the public from
the animals.
(7)
The operation shall conform to all applicable local, state and federal
laws and regulations.
(8)
Any building, corral or other indoor or outdoor area used for feeding
of animals, concentrated confinement of animals or animal waste storage
shall not be located within 100 feet of any adjoining property line
and any public or private road right-of-way.
(9)
The applicant shall provide for adequate disposal of all any waste
materials generated on the premises, and a detailed plan for the same
shall be included with the zoning application.
This § 500-94 is intended to provide minimum standards to regulate commercial outdoor archery ranges (referred to as ranges) in order to protect neighboring property owners and the public at large from dangers of wild or ricocheting projectiles and from excessive noise and other nuisances.
A.
Setbacks. All outdoor archery ranges shall be situated not less than
one 100 feet from any property line and public street right-of-way.
B.
Safety design. All ranges shall be designed and constructed with safety facilities to prevent accidental wild or ricocheting and stray arrows and prevent any projectile from leaving the site. The Borough may require such additional safety features deemed necessary to meet the intent of this § 500-94. Such features may include, but shall not be limited to, increased setbacks, earthen berms and setbacks, range orientation, and a limitation of hours of operation.
C.
Hours of operation. No arrow shall be discharged outdoors between
the hours of dusk and dawn. However, the Borough may establish more
restrictive time limits as a condition of approval.
D.
Fence. Security fencing may be required by the Borough of such extent
and design to restrict accidental access to any range.
E.
Posting. The 100-foot perimeter around any outdoor range shall be
posted with warning signs to adequately inform anyone entering the
area.
F.
NFAA guidelines, state and federal regulations. The applicant shall
provide evidence of compliance with any applicable National Field
Archery Association guidelines and state and federal regulations.
A.
Parking. Adequate off-street parking, per § 500-29, shall be provided in accord with this chapter with the minimum number of parking spaces provided as follows: one space for each rentable room, one space for each nonresident employee, and two spaces for the dwelling unit.
B.
Number of rooms. Not more than 10 rentable rooms shall be provided
in the establishment.
C.
Bathrooms. At least one full bathroom separate from the host family's
bathroom shall be provided for every two guest rooms.
D.
Supervision. The owner or manager of the bed-and-breakfast shall
reside on the premises.
E.
Food services; cooking facilities. Food service shall only be provided
to overnight bed-and-breakfast guests. And there shall be no separate
kitchen or cooking facilities in any guest room.
F.
On-site sewage disposal. Any existing on-site sewage disposal system
proposed on a lot proposed for a bed-and-breakfast establishment shall
be evaluated to ensure adequacy in accord with PA DEP and Borough
regulations.
Bulk fuel storage facilities shall comply with this § 500-97. The Borough shall establish, as part of the conditional use process, such other conditions such as increased setbacks and construction of dikes as necessary to protect the public health, safety, and welfare.
A.
Setbacks. Storage tanks, cylinder filling rooms, pumps, compressors,
and truck filling stations shall be located not less than 100 feet
from any property line or any road or street right-of-way line.
B.
Fence. The total tank storage area shall be entirely fenced with
an eight-foot high industrial type security fence or have an equivalent
protection barrier approved by the Borough.
This § 500-100 is intended to provide standards for industrial-like agricultural operations with animal densities which are likely to create effects on the environment and community which exceed those effects normally associated with typical farming. It is not intended to supersede the Pennsylvania Nutrient Management Act[1] in terms of regulation of the storage, handling or land
application of animal manure or nutrients or the construction, location
or operation of facilities used for the storage of animal manure or
nutrients, or practices otherwise regulated by the act. The definitions
and calculations in this section are intended to be consistent with
the Nutrient Management Act and all information and studies required
by this section shall, at a minimum, include the information required
by the act.
A.
Compliance. Concentrated animal feeding operations shall, in addition to all other applicable requirements, comply with this § 500-100.
B.
Definition. Any livestock operation which is defined as a concentrated
animal feeding operation by Commonwealth of Pennsylvania regulations
shall be considered a concentrated animal feeding operation for regulation
by this chapter.
C.
Standards. The following standards shall be applied to all CAFOs
and no approval shall be granted until all required information and
plans have been submitted by the applicant and have been approved
by the Borough. Failure of the applicant to implement any of the required
plans shall constitute a zoning violation subject to the penalties
and remedies contained in this chapter.
(1)
Setbacks. The minimum parcel size shall be 50 acres. CAFO buildings
and corrals used for housing or confinement of animals shall not be
less than 250 feet from any property line and not less than 500 feet
from any existing principal building not located on the land with
the CAFO.
(2)
Nutrient management. A nutrient management plan shall be prepared
in accord with the requirements of Title 25, Chapter 83, Subchapter
D, Pennsylvania Code.
(3)
Stormwater management. A stormwater management plan shall be prepared meeting the requirements of Chapter 390 (Subdivision and Land Development).
(4)
E & S plan. A soil erosion and sedimentation control plan
shall be prepared meeting the requirements of the County Conservation
District.
(5)
Buffer. A buffer plan shall be prepared in accord with § 500-60 to minimize CAFO visibility from adjoining properties and minimize sound and odor emanating from the property.
(6)
Solid and liquid wastes. Solid and liquid wastes shall be disposed
of in a manner to avoid creating insect or rodent problems, and an
insect/rodent abatement plan which shall be prepared.
(7)
Operation and management. The applicant shall demonstrate that
they will meet the operational and management standards as may be
set forth in treatises recognized by agricultural authorities or as
the same may be produced by the Pennsylvania Department of Agriculture,
Department of Environmental Protection, Pennsylvania State University,
College of Agricultural Sciences, or similar entity.
(8)
Odor. The applicant shall prepare an odor abatement plan and
document the ability to comply with the plan. It is recognized that
certain agricultural activities do produce odors, but the applicant
shall show that odors can be reduced to a minimum or abated. The plan
shall include such steps as may be necessary to abate odors or to
allow odors at times to minimize interference with the public health,
safety and welfare.
(9)
Pesticides. The applicant shall document that the use of pesticides
will meet state and federal requirements.
(10)
Floodplain. No CAFO buildings shall be erected in the FEMA-defined
100-year floodplain.
[1]
Editor's Note: 3 P.S. §§ 1701 through
1718 was repealed July 6, 2005. See now 3 Pa.C.S.A. §§ 501
through 520.
The intent of this § 500-101 is to provide standards for access to public roads and setbacks for contractor yards and staging areas for equipment/materials.
A.
Access to public roads.
(1)
Highway occupancy permit. Access roads to Borough and state
roads shall be in accord with a valid highway occupancy permit.
(2)
Stabilization. The access road shall be adequately stabilized
with stone, shale or other material to minimize soil erosion and the
tracking of mud onto the public road.
(3)
Weight limitations. All operations shall comply with all posted
weight limits and road bonding regulations.
(4)
Access routes; road conditions. The applicant shall provide
a map showing the public roads in the Borough proposed to be used
to access the operation and provide an evaluation of the condition
of any Borough road which will be used and the potential damage which
may occur from such use. The applicant shall also comply with the
Borough road bonding requirements.
B.
Setbacks.
(1)
Property lines. Contractor yards and staging areas for equipment/materials
shall not be less than 50 feet from any property line other than a
property line along a public road right-of-way.
(2)
Public roads. Contractor yards shall not be less than 50 feet
from any public road right-of-way.
(3)
Slope. Contractor yards and staging areas for equipment/materials
shall be located on slopes of less than 8%. Low spots and poorly drained
places shall be avoided.
The requirements of this § 500-102 shall apply to correctional facilities.
A.
Parcel size. In order to provide an adequate buffer area for adjoining
private property owners the site shall contain a minimum of 10 acres.
B.
Site design standards. The site shall be improved in accordance with
the following minimum requirements:
(1)
The building and all secure areas shall not be less than 200
feet from any property line and the right-of-way line of any abutting
public road, and 500 feet from any:
(a)
Residence;
(b)
Group care facility;
(c)
Commercial enterprises catering primarily to persons under 18
years of age;
(d)
Public or semipublic building;
(e)
Public park or public recreation facility;
(f)
Health facility;
(g)
House of worship or related use, or other similar religious
facility;
(h)
Public or private school.
(2)
A perimeter security fence of a height and type established
as a condition of approval may be required.
C.
Security. All applications for institutions shall include a plan
addressing security needs to protect the health and safety of the
public as well as residents of the proposed facility. Such plan shall
include a description of the specific services to be offered, types
of residents, to be served, and the staff to be employed for this
purpose. The plan shall identify the forms of security normally required
for the proposed facility and detail the specific measures to be taken
in the construction, development, and operation of the facility so
as to provide appropriate security. The plan shall, at a minimum,
reasonably restrict unauthorized entry and/or exit to and from the
property and provide for effective separation from adjoining residences
by means of fencing, signs, or a combination thereof. The plan shall
also address measures to ensure that lighting and noise is controlled,
particularly with respect to loudspeakers or other amplification devices
and floodlights.
D.
Accessory uses and ancillary activities. Accessory uses permitted
in conjunction with an institution shall include laboratories, offices,
snack bars, educational facilities and programs, vocational training
facilities and programs, recreational and sports facilities and other
accessory uses ordinarily provided in conjunction with such institutions.
The requirements in this § 500-104 shall apply to distribution centers/truck terminals.
Explosives plants or storage facilities and fireworks plants
or storage facilities (referred to as facilities) shall be allowed
only in those districts as specified in the Schedule of Uses.[1] In addition to all other applicable standards of this
chapter, the following shall apply.
A.
Setbacks. Setbacks for the facilities shall comply with state and federal regulations. Ancillary facilities such as offices, employee parking, truck parking and loading and accessory structures and uses shall comply with the buffer requirements in § 500-105B.
B.
Buffer.
(1)
Undisturbed area. An undisturbed area of not less than 50 feet
in width shall be maintained along all property lines and road rights-of-way
to provide a buffer and shall not be used for parking, storage or
any other purpose except landscaping and crossing of access roads
and required utilities and discharge/intake lines. In determining
the type and extent of the buffer required, the Borough shall take
into consideration the design of the project structure(s) and site,
topographic features which may provide natural buffering, existing
natural vegetation, and the relationship of the proposed project to
adjoining areas.
(2)
Landscaping in buffer. If any additional landscaping is required
as a condition of approval, it shall be installed in the setback area,
and shall consist of trees, shrubbery and other vegetation and shall
be a minimum of 25 feet wide.
(3)
Buffer design. Design details of buffers shall be included on the site plan, and buffers shall be considered improvements for the purposes of guaranteeing installation in accord with the requirements for land developments in Chapter 390 (Subdivision and Land Development).
(4)
Maintenance. It shall be the responsibility of the applicant
and/or operator and/or property owner to maintain all buffers in good
condition, free of rubbish, and replace any dying or dead plants or
deteriorating landscape material.
C.
Parking and staging areas. Adequate vehicle parking and staging areas
for all facilities shall be provided on site to prevent parking or
staging on any public road right-of-way.
D.
Local, state and federal regulations. The facilities shall comply
with all applicable local, state and federal laws and rules and regulations.
No zoning permit shall be issued until such time as the applicant
provides evidence of compliance with state and federal regulations.
E.
Informational requirements.
(1)
Application information. The applicant and/or operator for all facilities shall provide the information required by this § 500-105E, all other application information required by this chapter, and all other necessary information to enable the Borough to determine compliance with this chapter.
(2)
Hazardous materials inventory. An inventory of hazardous materials,
a drawn-to-scale site plan of their locations, and a brief explanation
of the hazards involved, are submitted for use by public safety officials.
(3)
DEP application information. A copy of all applications and
information required by the applicable Pennsylvania Department of
Environmental Protection (DEP) Rules and Regulations.
F.
Reporting requirements. For any facility approved by the Borough,
the operator shall submit to the Borough copies of all DEP-required
or DEP-issued documents and reports associated with the operation,
within 15 days of the date of the document or report.
The requirements in this § 500-107 shall apply to gaming establishments.
A.
Separation. A gaming establishment shall not be permitted within
300 feet of any other separately deeded lot containing a gaming establishment.
The distance between any two such facilities shall be measured in
a straight line, without regard to intervening structures, from the
closest points on each of the exterior lot lines of the separately
deeded lots upon which each facility is located.
B.
Setbacks. Setbacks shall be maintained as required for the zoning
district in the Schedule of Development Standards.
C.
One facility per building. No more than one gaming establishment
may be located within one building or be located on the same separately
deeded lot.
This § 500-111 shall apply to junkyards and changes and expansions of junkyards.
A.
Property owner responsibility. It shall be the ultimate responsibility
of the property owner of the premises upon which any junk is situated
and the owner of any such junk to comply with this chapter; and to
provide for the removal of such junk and remediation of any environmental
problems associated with any junk.
B.
Operating standards. All junkyards shall be established, maintained,
and operated in accord with the following standards:
(1)
Minimum parcel size. The minimum parcel size for a junkyard
shall be 10 acres.
(2)
Federal and state regulations. Any junkyard located adjacent
to a Federal Aid Highway shall comply with all regulations of the
Federal Highway Administration, and all junkyards shall meet the licensing
and screening requirements of the Commonwealth of Pennsylvania.
(3)
Fencing. All junkyards shall be completely enclosed by a chain-link
fence not less than eight feet in height. All fences and gates shall
be maintained in good repair and in such a manner as not to become
unsightly. There shall be no advertising of any kind placed on the
fence. The foregoing fencing provisions shall be applicable only to
that portion of the premises to be used for the storage of junk and
shall not be applicable to the balance of the property owned or used
by said junkyard operator so long as said remaining portion of land
is not being used for the storage of junk.
(4)
Screening. All junkyards shall be screened, to the satisfaction
of the Borough, from any adjoining or neighboring property, any public
road right-of-way, or any other premises; and natural vegetative cover
shall be maintained in all required setback areas. Vegetative plantings
of sufficient height and density, berms, topography or fencing of
such design may be used to accomplish the required screening as determined
by the Borough. All screening shall be maintained in such fashion
as to continue to provide the required screening.
(5)
Setbacks. The fence enclosing any junkyard and any structures
associated with the junkyard shall be located not less than 50 feet
from any public road right-of-way and any property line.
(6)
Dumping. The area used for a junkyard shall not be used as a
dump area for any solid waste as defined by this chapter.
(7)
Burning. No burning whatsoever shall be permitted on the premises.
(8)
Water bodies. No junkyard shall be located less than 200 feet
from any body of water, stream, wetland or well.
(9)
Hazardous materials. All batteries, coolants, gasoline, diesel
fuel, engine oil, any other petroleum, or flammable products and any
other noxious or potentially contaminating materials must be removed
from all junk within two working days after arrival to the premises
and shall be disposed of in a manner meeting all state and federal
requirements. Such liquids and materials, while stored on the premises,
shall be kept separately in leak-proof containers at a central location
on the premises.
(10)
Water quality. In cases where the junkyard includes 10 or more
junk vehicles or where the Borough deems it necessary to meet the
intent of this chapter, the owner of any junkyard shall be required
to monitor the ground and surface water in the vicinity of the junkyard.
Water testing shall be conducted every three months on any stream
located on the premises or any stream within 500 feet of any area
used for the storage of junk if water drainage from the junkyard area
is to said stream. For each testing period two samples shall be collected;
one sample shall be taken from the stream at a point upstream of the
junkyard drainage area and one sample shall be taken from the stream
at a point below the junkyard drainage area. In addition, the well
located on the premises shall also be sampled every three months.
The samples shall be collected and analyzed by a certified water analysis
laboratory for hydrocarbons or other parameters deemed appropriate
by the Borough, and results shall be provided to the Borough. If said
samples exceed the limits established by the Pennsylvania Department
of Environmental Protection, the junkyard shall cease operation until
such time as the source of the contamination has been identified and
corrected in accord with DEP requirements.
(11)
Junk arrangement; fire lanes. The manner of storage and arrangement
of junk, and the drainage facilities of the premises shall be such
as to prevent the accumulation of stagnant water upon the premises
and to facilitate easy access for firefighting purposes. Fire lanes
of a minimum width of 12 feet shall be maintained so that no area
of junk shall span a distance of more than 50 feet. All fire lanes,
aisles or roadways must be kept clear and vacant at all times.
(12)
Hours of operation. Any activity associated with the operation
of the junkyard that produces any noise audible beyond the property
line shall be conducted only between the hours of 7:00 a.m. and 8:00
p.m. During business hours, an adult attendant shall, at all times,
remain on the premises.
(13)
Stacking of junk. Junk vehicles or major parts thereof shall
not be stacked on top of any other junk vehicle or major part. No
junk shall be stacked or piled to a height of greater than six feet.
(14)
Nuisances. All premises shall, at all times, be maintained so
as not to constitute a nuisance, or a menace to the health, safety,
and welfare of the community or to the residents nearby, or a place
for the breeding of rodents and vermin. Within two days of arrival
on the premises, all glass shall be removed from any broken windshield,
window or mirror, and all trunk lids, appliance doors and similar
closure devices shall be removed. Grass and weeds on the premises
shall be kept mowed.
(15)
Waste. All rags, bottles, scrap paper and other waste shall
be kept inside a building constructed of fire resistant material and
no garbage or other organic wastes shall be stored in such premises,
and shall not be accumulated or remain on any premises except temporarily
awaiting disposal in accord with this chapter. No junkyard shall be
operated or maintained in violation of any state or federal regulations
governing the disposal of any solid or liquid waste.
(16)
Fire resistant structures. Every structure erected upon the
premises and used in connection therewith shall be of fire resistant
construction.
A.
Purpose. The intent of these regulations is to recognize and acknowledge
that the primary water resources for land located within the Borough
are provided by groundwater, spring or surface water, and to create
standards and regulations for large-scale water extraction which promote
and protect safe, reliable and adequate water supplies, preserve and
protect streams, stream tributaries, wetlands, watersheds and valuable
aquifers and minimize soil erosion.
B.
Conditional use, well ordinance and other regulations.
(1)
Conditional use. Large scale water extraction is allowed only in the I District as a conditional use in accord with this § 500-112 and other chapter requirements.
(2)
Borough well ordinance. Large-scale water extraction shall comply with Chapter 447 (Wells), as amended.
(3)
Other regulations. Large-scale water extraction shall comply
with PA Department of Environmental Protection, PA Department of Conservation
and natural resources, Delaware River Basin Commission and U.S. Environmental
Protection Agency rules and regulations for well drilling, well abandonment,
water extraction and water use.
(4)
Conflict. In cases where regulations conflict, the most restrictive
shall apply.
C.
Bulk and area regulations.
(1)
The bulk and area regulations relating to the location of buildings and other structures shall be those of the underlying zoning district unless expressly stated to the contrary in this § 500-12.
(2)
The maximum area of disturbance and impervious surface on the
lot shall not exceed the percentage of allowable impervious coverage
in the underlying zoning district.
(3)
An undeveloped area of not less than 50 feet in width shall
be maintained along all property lines and road rights-of-way to provide
a buffer and shall not be used for parking, storage or any other purpose
except landscaping and crossing of access roads and required utilities
and discharge/intake lines. In determining the type and extent of
the buffer required, the Borough shall take into consideration the
design of the project structure(s) and site, topographic features
which may provide natural buffering, existing natural vegetation,
and the relationship of the proposed project to adjoining areas.
(a)
Any required landscaped buffer may be installed in the undeveloped
area, and shall consist of trees, shrubbery and other vegetation and
shall be a minimum of 25 feet wide.
(b)
Design details of buffers shall be included on the site plan, and buffers shall be considered improvements for the purposes of guaranteeing installation in accord with the requirements for land developments in Chapter 390 (Subdivision and Land Development).
(c)
It shall be the responsibility of the applicant and/or operator
and/or property owner to maintain all buffers in good condition, free
of rubbish, and replace any dying or dead plants or deteriorating
landscape material.
D.
Standards of approval. It shall be the applicant's burden to
also demonstrate compliance with the following requirements set forth
below:
(1)
Burden. The applicant shall affirmatively demonstrate that the
proposed extraction or collection activity, including any increase
in existing extraction or collection activity from that previously
approved, will not materially interfere with the water rights or water
supply of others, including, without limitation, reducing the existing
rate of flow of wells, capacity for geothermal energy production,
depleting surface water resources, etc., of surrounding properties,
and shall submit to the Borough a hydrogeologic impact study using
appropriate methodology accepted by the United States Geological Survey
prepared by a professional geologist licensed and registered in Pennsylvania
acceptable to the Borough, which shall include, but not be limited
to the following:
(a)
Map. A map indicating the location of existing wells within
a half-mile radius of the proposed site and identifying all perennial
and intermittent streams.
(b)
Site plan. A site plan, indicating, without limitation, the
access road, parking area, and the location of storage tanks, buildings,
well location(s) and signage.
(c)
Report. A written report prepared by a hydrogeologist describing
the expected effects of the proposed withdrawal on existing wells,
flows of perennial and intermittent streams and the long-term lowering
of groundwater levels.
(d)
Subsurface conditions. Identification of the subsurface material
and conditions existing and anticipated for the site, and the type
and number of wells to be established thereon.
(e)
Daily withdrawal. Identification of the anticipated average
daily withdrawal from the site.
(f)
Water data. Identification of the sources of water for withdrawal,
sources of recharge, and the quality of each source.
(g)
Effect on aquifer. Evidence that the withdrawal under the proposed
use, together with other withdrawals, will not exceed the withdrawal
limits of the basin, aquifer or aquifer system.
(h)
Effect on surface water. Evidence that the withdrawal under
the proposed use will not materially impair or reduce the flow of
perennial streams in the area.
(i)
Water supply. Evidence that existing groundwater and surface
water withdrawals will not be adversely impacted.
(j)
General effect. Evidence that the withdrawal under the proposed
use will not cause substantial and/or permanent adverse impact to
the overlying environment.
(k)
Certification of driller. Certification that all wells shall
be drilled by a Pennsylvania-licensed well driller and a water well
inventory report shall be completed and filed with the Pennsylvania
Department of Conservation and Natural Resources.
(l)
Certification of casing. Certification that all wells shall
have a top casing extended a minimum of one foot above the 100-year-flood
elevation, and all wells shall have the casing protruding a minimum
of six inches above the immediate grade, and the safeguards to be
used to prevent the entrance of surface water into said wells and
into the aquifer.
(m)
Water level measurement. Certification that all wells shall
be accessible for inspection for water-level measurements.
(n)
Mitigation plan. Plan for implementation of a mitigation program
to protect existing wells, watercourses and/or aquifers in the event
the proposed use significantly affects or interferes with said wells,
watercourses and/or aquifers, which may include immediate cessation
of water extraction, providing an alternative water supply of adequate
quantity and quality to the affected well owner(s), providing financial
compensation to the affected well owner(s) sufficient to cover the
costs of acquiring and maintaining an alternative water supply of
adequate quantity and quality, or such other measures as the Borough
may approve as just and equitable under the individual circumstances.
(2)
No Delaware River Basin Commission Regulation (DRBC). For any
new or increased water extraction or collection activity not regulated
by the DRBC, the applicant must also demonstrate that the proposed
use shall not:
(a)
Safe yield. Exceed the safe yield or degrade the water quality
of the aquifer;
(b)
Existing wells. Adversely affect existing wells by diminishing
the rate of said flow from that rate which exists prior to the proposed
use;
(c)
Streams. Adversely affect the natural base flow of streams and
stream tributaries within the watershed;
(d)
Riparian rights. Interfere with the riparian rights of other
persons; or
(e)
Base flow. Contribute to the lowering of stream flow rates below
the 25% average daily flow. If at any time the actual stream flow,
at the reference point therefor, equals or is less than the 25% average
daily flow, the surface water consumption permitted by any conditional
use approved hereunder shall cease until the actual flow rate returns
to a level above the 25% average daily flow. The 25% average daily
flow shall be defined through direct long-term measurements of stream
base flow at the reference point. Where sufficient historic data is
not available, estimates shall be made using the best available comparable
hydrologic data. The flow rate shall be monitored and reported to
the Borough as required by this section. Modifications to the originally
calculated 25% average daily flow may occur as additional stream flow
data is generated.
(3)
Vehicles.
(a)
Identification. The applicant shall identify what commercial
vehicles are to be used in connection with the application, including
but not limited to those used to transport water from the site, the
number, size, type and capacity and the scheduling of vehicles.
(b)
Access. The applicant shall demonstrate that vehicles shall have adequate access to and within the site over an improved all-weather surface in accord with § 500-29J.
(c)
Traffic control. The applicant shall identify proposed traffic
control methods to be employed on and off the site to control ingress
and egress of vehicles. The Borough Council may impose reasonable
limits on the hours during which commercial vehicles may enter and
exit the site in order to avoid creating hazards on local roadways
or disturbing adjoining or nearby residential districts.
(d)
Traffic report. A traffic report prepared in accord with § 500-85
by a qualified traffic engineer shall be provided by the applicant.
(4)
Isolation distance. The applicant shall demonstrate that the
following isolation distances are maintained from the point of extraction:
(5)
Water quantity. The applicant shall specify the quantity of
water to be collected per day, consistent with applicable state and
federal permits and DRBC approvals. Any subsequent proposal to increase
the specified quantity of water shall require a modification of any
conditional use approval by conditional use application and public
hearing. In the case of a water extraction or collection facility
existing at the time of enactment of this chapter and which is not
regulated by the DRBC, such use shall be defined by the amount of
maximum withdrawal stated in any existing state permits applicable
to the facility or the average quantity of water extracted per day
over the five-year period prior to the enactment of this provision.
(6)
Monitoring and reporting.
(a)
Monitoring equipment. The applicant shall provide adequate equipment,
monitoring and recording measures, through the use of sealed gauges,
to document, among other things, the flow rate, the amounts of water
extracted or collected, the sources of same, and neighboring stream
flow conditions, and pollutant levels in order to ensure consistency
with any previous approvals granted and with permitting or exemption
standards of the DRBC or other agencies having jurisdiction.
(b)
Benchmark data. Prior to commencement of operation of the proposed
use, the applicant shall provide benchmark data against which the
impact of the water withdrawal may be compared in the future.
(c)
Quarterly reports. The data required hereunder shall be filed
with the Borough not less than quarterly.
(d)
Complaint reports. The applicant shall provide the Borough with
copies of any complaints received from Borough residents.
(7)
Emergency contact information. The applicant shall keep on file
with the Borough, at all times, up-to-date, twenty-four-hour emergency
telephone numbers and contact information for persons with authority
over the property and operation of the water extraction facility.
(8)
Noise. The applicant shall identify the noise levels which are anticipated to be generated by the proposed use and shall identify the distances said noises may travel beyond the property lines of the proposed site and what methods the applicant shall employ to comply with § 500-65 and Chapter 314 (Noise).
(9)
Drainage. The applicant shall demonstrate, in accord with all
federal, state and local laws, regulations and ordinances, that adequate
drainage and detention controls shall be installed in conjunction
with any land development of the property to prevent runoff from well
drilling, site development, tanker overflow, storage tanks and/or
filling areas from draining onto adjoining properties and/or roadways.
(10)
Hours of operation. The applicant shall identify the proposed
hours of operation and the scope and nature of activity to be conducted
during said hours.
(11)
Cessation of operations. A plan of how the site shall be made
safe once the water extraction operation ceases, including a plan
for environmentally restoring the property.
(12)
Additional information. The applicant shall provide such other
information and documentation as the Borough may require.
E.
Permits. Prior to the commencement of any earth disturbance or any
other development activity, the applicant shall document compliance
with all required local (including, without limitation, grading and
stormwater), state and/or federal permits, including, but not limited
to, permits and approvals from the PA DEP, Delaware River Basin Commission
(DRBC), the local health department, Carbon County Conservation District
and any other agency having jurisdiction.
G.
Other standards. The proposed use shall be subject to the requirements of Chapter 390 (Subdivision and Land Development), including, without limitation, stormwater management control, stormwater infiltration control, erosion control, traffic control, landscaping, lighting and other standards prescribed by Chapter 390, Subdivision and Land Development, and/or other applicable Borough ordinances.
H.
Delaware river basin commission regulation. The regulation of the
proposed extraction and collection activity by the DRBC shall not
act to relieve the applicant from compliance with the conditional
use and other provisions of this chapter not explicitly reserved to
the jurisdiction of the DRBC.
I.
Well abandonment.
(1)
Abandonment. If any such groundwater, spring or surface water extraction or collection operation or facility discontinues operation for a period of 12 months or more, it shall be considered abandoned, and the owner and/or operator of said facility shall remove all pumps, supply piping, wires and similar equipment or fixtures and comply with § 500-112B(2) and (3).
(2)
Plan. Wells shall be positively identified on a plan filed with
the Borough before initiating the abandonment techniques.
J.
Discontinued use and removal. Should any facility cease to be used,
the owner or operator or then owner of the land on which the facility
is located, shall be required to remove the same within one year from
the abandonment of the use. Failure to do so shall authorize the Borough
to remove the facility and assess the cost of removal to the foregoing
parties. The Borough may also file a municipal lien against the land
to recover the costs of removal and attorney's fees.
A.
Purpose. To establish a process and standards for the establishment,
construction, and operations of various medical marijuana facilities
in strict conformity with the Pennsylvania "Medical Marijuana Act"
(Act of Apr. 17, 2016, P.L. 84, No. 16, a/k/a Act 2016, 35 P.S. 10231.101
et seq., as amended) to allow for the integration of an allowed industry
while providing for the protection of the public health, safety, morals,
and general welfare.
B.
Medical marijuana academic clinical research centers.
(2)
An academic clinical research center may only grow medical marijuana
for the purpose of on-site clinical research and not for gifting,
donating or sale, provided such activity occurs indoors within an
enclosed secure building which includes electronic locking systems,
electronic surveillance and other features required by the Pennsylvania
Department of Health as required by Act 16, as amended and not within
a trailer, cargo container, mobile or modular unit, mobile home, recreational
vehicles or other motor vehicle.
(3)
There shall be no emission of dust, fumes, vapors, odors, or waste into the environment from any medical marijuana academic clinical research center and the facility shall comply with Article VII.
(4)
A buffer planting is required where a medical marijuana academic clinical research center adjoins a residential use or district in accord with § 500-60.
(5)
The applicant shall submit documentation showing compliance
with Act 16, as amended, and all related regulations, including but
not limited to licensure, upon demand of the Zoning Officer.
(6)
Failure to comply with the requirements of Act 16, as amended,
and all related regulations shall constitute a violation of this chapter.
C.
Medical marijuana grower/processor.
(1)
A medical marijuana grower/processor may only grow medical marijuana
indoors within an enclosed, secure building which includes electronic
locking systems, electronic surveillance and other features required
by the Pennsylvania Department of Health as required by Act 16, as
amended and not within a trailer, cargo container, mobile or modular
unit, mobile home, recreational vehicle, or other motor vehicle.
(2)
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, and the facility shall comply with Article VII (Standards).
(3)
Grower/processors may not operate on the same site as a medical
marijuana dispensary.
(5)
A buffer planting is required where a medical marijuana grower/processor adjoins a residential use or district in accord with § 500-60.
(6)
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 and in accord with § 500-29G.
(7)
The applicant shall submit documentation showing compliance
with Act 16, as amended, and all related regulations, including but
not limited to licensure, upon demand of the Zoning Officer.
(8)
Failure to comply with the requirements of Act 16, as amended,
and all related regulations shall constitute a violation of this chapter.
D.
Medical marijuana dispensary.
(1)
A medical marijuana dispensary may only dispense medical marijuana
indoors within an enclosed, secure building which includes electronic
locking systems, electronic surveillance and other features required
by the Pennsylvania Department of Health as required by Act 16, as
amended and not within a trailer, cargo container, mobile or modular
unit, mobile home, recreational vehicle, or other motor vehicle.
(2)
A medical marijuana dispensary may not operate on the same site
as a medical marijuana grower/processor.
(3)
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, and the facility shall comply with Article VII (Standards).
(5)
A medical marijuana dispensary may not be located within 1,000
feet of the property line of a public, private or parochial school,
a charter school, or a day-care center, unless an adjustment or waiver
of such prohibition shall have been approved by the Pennsylvania Department
of Health and satisfactory proof thereof shall have been provided
to the Zoning Officer. This distance shall be measured in a straight
line from the closest property line in which the business is conducted
or proposed to be conducted, to the closest property line of the protected
use, regardless of the municipality in which it is located.
(6)
Any medical marijuana dispensary facility lawfully operating
shall not be rendered in violation of these provisions by the subsequent
location of a public, private, or parochial school, a charter school,
or a day-care center, provided the dispensary use shall not have been
or thereafter become, abandoned.
(7)
Parking shall comply with § 500-29 and at least one parking space shall be provided for each 200 square feet of floor area or fraction thereof.
(8)
A buffer planting is required where a medical marijuana dispensary adjoins a residential use or district in accord with § 500-60 (Setbacks and buffers).
(9)
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 and in accord with § 500-29G.
(10)
The applicant shall submit documentation showing compliance
with Act 16, as amended, and all related regulations, including but
not limited to licensure, upon demand of the Zoning Officer.
(11)
Failure to comply with the requirements of Act 16, as amended,
and all related regulations shall constitute a violation of this chapter.
See § 500-117 for oil and gas development.
A.
Findings. The primary minerals of importance[1] extant in the Borough are sand and gravel, and quarry
stone. The Pennsylvania Municipalities Planning Code clearly recognizes
mineral extraction as lawful use. Along with other community effects,
such uses can have impacts on water supply sources and are governed
by state statutes that specify replacement and restoration of affected
water supplies. In addition, the Planning Code now severely limits
the range of development and operational standards which can be applied
to mineral extraction by local municipalities, with location standards
the primary tool available to the Borough. PA Municipalities Planning
Code § 603(I) states that "zoning ordinances shall provide
for the reasonable development of minerals in each municipality."
The Code definition of minerals is: "Any aggregate or mass of mineral
matter, whether or not coherent. The term includes, but is not limited
to, limestone and dolomite, sand and gravel, rock and stone, earth,
fill, slag, iron ore, zinc ore, vermiculite and clay, anthracite and
bituminous coal, coal refuse, peat and crude oil and natural gas."
The Code, at § 603(b), allows zoning ordinances to regulate
mineral extraction, but only to the extent that such uses are not
regulated by the state Surface Mining Conservation and Reclamation
Act, the Noncoal Surface Mining Conservation and Reclamation Act,
and the Oil and Gas Act.[2] These Acts regulate such things as setbacks, dust, noise,
blasting, water supply effects, and reclamation.
B.
Intent. The intent of this § 500-114 is to ensure the Borough is supplied with all necessary information for making an informed decision about the proposed mineral extraction and to establish the foundation for any conditions required to protect the public health, safety, and general welfare.
C.
Use classification; mineral processing a separate use.
(2)
Mineral processing (see § 500-115 for requirements).
(a)
Separate and distinct use. Any use which involves the refinement
of minerals by the removal of impurities, reduction in size, transformation
in state, or other means to specifications for sale or use, and the
use of minerals in any manufacturing process such as, but not limited
to, concrete or cement batching plants, asphalt plants and manufacture
of concrete and clay products, shall be considered mineral processing,
a separate and distinct use regulated by this chapter.
(b)
Incidental with extraction operation. This shall not preclude
the incidental screening, washing, crushing, and grading of materials
originating on the site as part of a mineral extraction operation.
D.
Standards. In addition to the performance standards in Article VII and all other applicable standards of this chapter which are not preempted by state statute, mineral extraction shall comply with the following:
(1)
Parcel size. The minimum parcel size shall be 10 acres.
(2)
Setback. A setback of 200 feet shall be maintained between any
disturbed area associated with any mineral extraction operation and
adjoining properties and public road rights-of-way.
(3)
Undisturbed buffer. The required setback areas shall be undisturbed
to provide a buffer and shall not be used for parking, storage or
any other purpose associated with the operation except landscaping
and crossing of access roads.
(4)
Conditional use buffers. In determining the type and extent
of the buffer required for conditional uses, the Borough shall take
into consideration the design of any project activities and/or structure(s)
and site, topographic features which may provide natural buffering,
existing natural vegetation, and the relationship of the proposed
project to adjoining areas.
(a)
If required, the landscaped buffer may be installed in the setback
area, and shall consist of trees, shrubbery and other vegetation and
shall be a minimum of 25 feet wide.
(b)
Buffers shall be designed in accord with § 500-60 and the design details shall be included on the site plan. Buffers shall be considered improvements for the purposes of guaranteeing installation in accord with the requirements for land developments in Chapter 390 (Subdivision and Land Development).
(c)
It shall be the responsibility of the applicant and/or operator
to maintain all buffers in good condition, free of rubbish, and replace
any dying or dead plants or deteriorating landscape material.
(5)
Access routes; road conditions. The applicant shall provide
a map showing the public roads in the Borough proposed to be used
to access the operation and provide an evaluation of the condition
of any Borough road which will be used and the potential damage which
may occur from such use.
(6)
Conditions of approval. If the Borough determines that the standards in Article VII Part 2 which are not preempted are not adequate for a conditional use, the Borough Council shall attach such other conditions deemed necessary to protect the public health, safety, and welfare, provided the conditions do not include requirements which are preempted by state statute. Such conditions imposed by the Borough Council may be related to hours of operation, more stringent noise control, outdoor operations and storage, lighting and glare, stormwater management, security, and other necessary safeguards.
E.
Local, state and federal regulations. Mineral extraction operations
shall comply with all applicable local, state, and federal laws and
rules and regulations. No zoning permit shall be issued until such
time as the applicant provides evidence of compliance with state and
federal regulations. Applicable laws and rules and regulations include,
but are not limited to, the Noncoal Surface Mining Conservation and
Reclamation Act and the Clean Streams Law.
F.
Information requirements. The applicant shall, at a minimum, provide the information required by this chapter and the information required for land developments in Chapter 390 (Subdivision and Land Development). In addition, the applicant shall submit all other information required to enable the Borough to assess the environmental, community and other public health, safety, and welfare effects of the proposed operation. The findings of the Borough based on this information shall serve as a basis for the establishment of conditions of approval.
(1)
DEP application information. The applicant shall provide a copy
of all applications and information required by the applicable DEP
Rules and Regulations. However, applicants proposing mineral extraction
operations qualifying as small noncoal operations under DEP regulations
shall provide all information required by Chapter 77 Noncoal Mining
of DEP Rules and Regulations for operations which are not considered
small noncoal operations.
(2)
Surface and groundwater protection, traffic impact study and
environmental impact statement. The Borough shall require for mineral
extraction the applicant to submit details about ground and surface
water protection, an environmental impact statement and a traffic
impact study.
(3)
Emergency response. The applicant shall develop a emergency
preparedness, prevention and control plan in accord with state and
federal requirements and generally accepted practice and submit the
plan for review and comment by the Borough.
G.
Reporting requirements for mineral extraction. For any mineral extraction
operation approved by the Borough, the operator shall submit to the
Borough copies of all DEP-required or DEP-issued documents and reports
associated with the operation, within 15 days of the date of the document
or report.
H.
Expansion of nonconforming operations. Mineral extraction operations
which are nonconforming by location in a zoning district where such
operations are not allowed by the Schedule of Uses[4] may expand to the limits of the DEP permit in effect at the time the operation became nonconforming. Any such expansion shall comply with the requirements of this § 500-114.
Mineral processing and mineral depots, referred to as facilities, shall comply with the requirements of this § 500-115.
A.
Location requirements. Mineral processing operations and mineral
depots shall comply with the following location requirements:
(2)
Buffer.
(a)
An undisturbed area of not less than 50 feet in width shall
be maintained along all property lines and road rights-of-way to provide
a buffer and shall not be used for parking, storage or any other purpose
except landscaping and crossing of access roads. In determining the
type and extent of the buffer required, the Borough shall take into
consideration the design of the project structure(s) and site, topographic
features which may provide natural buffering, existing natural vegetation,
and the relationship of the proposed project to adjoining areas.
(b)
Any required landscaped buffer may be installed in the setback
area, and shall consist of trees, shrubbery and other vegetation and
shall be a minimum of 20 feet wide.
(c)
Design details of buffers shall be included on the site plan, and buffers shall be considered improvements for the purposes of guaranteeing installation in accord with the requirements for land developments in Chapter 390 (Subdivision and Land Development).
(d)
It shall be the responsibility of the property owner to maintain
all buffers in good condition, free of rubbish, and replace any dying
or dead plants or deteriorating landscape material.
B.
Local, state and federal regulations. All operations shall comply
with all applicable local, state and federal laws and rules and regulations.
No zoning permit shall be issued until such time as the applicant
provides evidence of compliance with state and federal regulations.
C.
Information requirements. The applicant shall provide the information required by this § 500-115C and all other necessary information to enable the Borough to assess the environmental, community and other public health, safety and welfare effects of the proposed operation. The findings of the Borough based on this information shall serve as a basis for the establishment of conditions of approval. The applicant shall provide the following:
(1)
Application information. The information required by this § 500-115, all required application information, and all other necessary information to enable the Borough to assess compliance with this chapter.
(2)
Additional information. The Borough may require the applicant
to submit details about ground and surface water protection and an
environmental impact statement.
(3)
DEP application information. A copy of all applications and
information required by the applicable Pennsylvania Department of
Environmental Protection Rules (DEP) Rules and Regulations.
(4)
Emergency response. The applicant shall develop an emergency
preparedness, prevention and control plan in accord with state and
federal requirements and generally accepted practice and submit the
plan for review and comment by the Borough.
D.
Reporting requirements. For any facility approved by the Borough,
the operator shall submit to the Borough copies of all DEP-required
or DEP-issued documents and reports associated with the operation,
within 15 days of the date of the document or report.
Oil and gas development shall comply with this § 500-117.
A.
Predrilling requirements. Prior to the commencement of drilling:
(1)
The operator shall comply with any applicable bonding and permitting
requirements for Borough roads that are to be used by overweight vehicles
and equipment for development activities. Notwithstanding the foregoing,
the operator/applicant shall take all necessary corrective action
and measures as directed by the Borough to ensure the roadways are
repaired within seven days of partial damage or destruction.
(2)
The operator shall provide to the Borough's first responders,
including fire departments, fire commission, police department, ambulance,
and the Borough Emergency Management Officer, a comprehensive hazard
analysis report prepared by a qualified professional using generally
accepted hazard analysis software as determined by the Borough. The
report shall include, but not be limited to, the following:
(a)
The applicable state and federal regulations and how the proposed
facility will comply.
(b)
A description of the facility and community and environmental
characteristics of the proposed corridor and areas within 1,000 feet
of the perimeter of the proposed facility.
(c)
Unusually Sensitive Areas as identified by the National Pipeline
Mapping System (NPMS) Pipeline Information Management and Mapping
Application (PIMMA).
(d)
The frequency of community and environmental hazards associated
with the type of facility proposed.
(e)
The probable consequences of an accidental release for both
leaks and ruptures for community and environmental effects.
(f)
The community and environmental risk of well leakage, an accidental
spill, defective casing or cementing, and vandalism creating unknown
conditions.
(g)
Measures for risk mitigation and the likelihood and consequences
of community and environmental effects and plans for emergency response.
(3)
The Borough shall ascertain whether the Borough's emergency
responders have secured adequate training to deal with any potentially
dangerous conditions that may result due to development activities.
Emergency responders shall have a minimum of five hours of training
per year to meet this standard. Upon request from the Borough, the
operator will, prior to drilling of its first oil and gas well in
the Borough, make available with at least 30 days' notice, at
its sole cost and expense, one appropriate group training program
of a minimum of five hours for first responders. Such training shall
be made available by the operator at least annually during the period
when the operator anticipates drilling activities in the Borough.
(4)
Prior to drilling an oil and gas well or multiple oil and gas
wells at a location, the operator shall provide the following information
to each resident within 1,000 feet of the planned surface location
of the well(s):
(a)
A copy of the well survey plan showing the location(s) of the
planned well(s);
(b)
A general description of the planned operation at the planned
well(s) and associated equipment used in the development of the well(s);
(c)
The contact information for the operator; and
(d)
The availability of the operator to hold a meeting with such
residents to present operator's plans for the well(s) and to
allow for questions and answers. The meeting(s) shall be held prior
to well site construction.
(5)
Domestic wells. Prior to operation, the applicant/operator shall
be required to conduct, at no cost to affected well owners, a preextraction
survey of each domestic well situate on each adjoining property and
on each property located within 1,000 feet of each site property line.
(a)
The survey will consist of collecting baseline data from well
logs, where available, measurement of water level and well depth and
standard water quality testing measuring among other factors, including
hardness, color, odor, pH, bacteria, nitrates, sulfates, petroleum,
and total dissolved solids (tds).
(b)
The survey will be limited to those domestic well owners who
provide consent to the survey within 30 days of receiving a certified
letter request from the applicant.
(c)
These tests shall determine the baseline data for comparison
with similar data to be monitored during extraction operations.
(d)
Copies of existing well logs for all wells located within 1,000
feet of the site.
(6)
A well complaint resolution program shall be prepared and submitted
to the Borough, which specifies the procedures the applicant is committed
to follow in resolving any domestic water well complaints. The Borough
shall review the program and, if necessary, require amendments to
the program prior to acceptance.
(7)
At least seven days prior to commencement of drilling, the operator
shall provide the Borough Zoning Officer a copy of the drilling permit
issued by the Pennsylvania Department of Environmental Protection
(DEP).
(8)
The Borough fire departments shall be provided a list of all
chemical or waste products used or produced by the oil or gas drilling
operation.
(9)
The Borough shall be provided with the name of the person supervising
the drilling operation and a phone number where that person can be
reached 24 hours a day.
(10)
The applicant shall provide:
(a)
A survey of the drill site with all permanent facilities (tanks
or other surface installations) with locations and distances to property
lines shall be filed with the application.
(b)
A traffic impact statement per § 500-85 which also
includes description of plans for the transportation of materials
and equipment to construct the facility and measures that will be
taken to maintain all roads within the Borough that are used to transport
materials and equipment and to repair any damages to the roads that
may occur as a result.
(c)
Information on the status of road bonding.
(11)
The applicant shall provide certification that a bond is held
by the PA DEP (Pennsylvania Department of Environmental Protection)
to ensure proper plugging when the well is classified as inactive
by the PA DEP.
(12)
The applicant shall provide a schedule indicating the following
dates:
(a)
Site preparation beginnings and endings.
(b)
Anticipated drilling activity beginnings and endings.
(c)
Anticipated completion (perforating) work to begin and end.
(d)
Anticipated stimulation (fracturing) work to begin and end.
(e)
Anticipated production work to begin and end.
(f)
Anticipated plugging date.
(13)
In addition to complying with this chapter and Chapter 390 (Subdivision and Land Development), the operator/applicant shall appear at a public meeting of the Borough Council at least 30 days prior to the commencing of drilling activities to inform the Borough of its intention to commence drilling.
B.
Site requirements. During the process of oil and gas development,
the following site standards shall be maintained by the operator at
all times:
(1)
The minimum parcel size shall be 10 acres.
(2)
Multiple well pad sites on any one property shall be prohibited
unless the underlying geology makes using a single well pad impossible.
(3)
Drilling will be limited to the ground surface area designated
by the applicant as part of its application. Any expansion of the
ground surface area used and/or devoted towards drilling operations
requires further conditional use approval.
(4)
No portion of any drilling device, equipment or facility of
any kind, including storage, shall be closer than 1,000 feet to an
adjacent property line.
(5)
The operator shall take all necessary safeguards as directed
by the Borough to ensure the Borough roads utilized remain free of
dirt, mud and debris resulting from development activities and/or
shall ensure such roads are promptly swept or cleaned if dirt, mud
and debris occur.
(6)
Any material stored outside an enclosed structure being used
as an incidental part of the primary operation shall be screened by
opaque ornamental fencing, walls, or evergreen plant material in order
to minimize visibility if the storage area is readily visible from
adjoining occupied residential properties. Such materials shall not
include operable vehicles.
(7)
The operator shall take all necessary precautions to ensure
the safety of persons in areas established for road crossing and/or
adjacent to roadways (for example: persons waiting for public or school
transportation). As directed by the Borough, during periods of anticipated
heavy or frequent truck traffic associated with development, the operator
will provide flagmen to ensure the safety of children at or near schools
or school bus stops and include adequate signs and/or other warning
measures for truck traffic and vehicular traffic.
(8)
At the operator's expense, annual well testing shall be
performed on domestic and monitoring wells in accordance with standards
jointly established by the Borough's designated expert and the
operator's expert, taking into consideration the type and level
of extractive activities which have taken place on the site during
the preceding year. The results of the testing shall be filed with
the Borough Council within 60 days of the date of testing. The parameters
must be tested annually, and a comparison made with the baseline water
quality data. Additional testing at the operator's expense shall
be required by the Borough to better assess any potential risks if
concerns regarding water quality or quantity are raised by or uncovered
in the annual testing.
(9)
No construction activities involving excavation of, alteration
to, or repair work on any access road or well site shall be performed
during the hours of 11:00 p.m. to 7:00 a.m.
(10)
All operations or activities and action to address noise complaints shall comply with § 500-65. The Borough reserves the right to require the temporary or permanent erection and use of reasonable sound barriers.
(12)
The access driveway off the public road to the drill site shall
be gated at the entrance to prevent illegal access into the drill
site. The drill site assigned address shall be clearly visible on
the access gate for emergency 911 purposes. In addition, the sign
shall include the well name and number, name of the operator and the
telephone number for a responsible person who may be contacted in
case of emergency. It shall be illegal for any person, owner or operator
to park or store any vehicle or item of machinery on any street, right-of-way
or in any driveway, alley or upon any operation or drilling site which
constitutes a fire hazard or an obstruction to or interference with
fighting or controlling fires except that equipment which is necessary
for the maintenance of the well site or for gathering or transportation
of hydrocarbon substances from the site.
(13)
All drilling operations shall be conducted in such a manner to minimize dust, vibration or noxious odors and shall be in accord with this chapter and the best accepted practices incident to drilling for oil or gas in urban/suburban and rural areas. All equipment used shall be constructed and operated so that vibrations, dust, odor or other harmful or annoying effects are minimized by the operations carried on at the drill site to avoid injury to or annoyance of persons living in the vicinity (see also §§ 500-66, 500-68 and 500-69).
(14)
All drill site pads and off-site fracture ponds shall be secured
with a temporary fence with a secured gate as follows:
(15)
After any spill, leak or malfunction, the operator shall remove
or cause to be removed to the satisfaction of the Borough officials
and the PA DEP inspectors, all waste materials from any public or
private property affected by such spill, leak or malfunction. Clean-up
operations must begin immediately upon knowledge that a spill, leak
or malfunction occurs.
(16)
The access road to the well site shall be improved with a dust-free,
all-weather surface in such a manner that no water, sediment or debris
will be carried onto any public street.
(17)
The public street entrance and the property on which a drill
site is located shall at all times be kept free of mud, debris, trash,
or other waste materials. Use of streets serving exclusively residential
neighborhoods is prohibited.
(18)
An off-street area for maintenance vehicles to stand while gaining
entrance to the access road shall be provided that does not disrupt
the normal flow of traffic on the public street.
(19)
All permanent facilities shall be painted an earth-tone color
to blend in with the surrounding area. The Borough may require fencing
and/or landscaping to buffer the facilities from adjacent properties.
(20)
The facility and/or its operation shall comply with all applicable
permits and requirements of the PA DEP, the United States Environmental
Protection Agency, and any other governmental authority having jurisdiction
over its operations and with all federal, state, and local laws, ordinances
and regulations promulgated to protect the environment or otherwise
relating to environmental matters.
(21)
Any internal combustion engine or compressor used in connection
with the drilling of any well or for use on any production equipment
or used in development shall be equipped with an exhaust muffler or
an exhaust box. The exhaust muffler or exhaust box shall be constructed
of noncombustible materials designed and installed to suppress noise
and disruptive vibrations. Moreover, all such equipment with an exhaust
muffler or exhaust box shall be maintained in good operating condition
according to manufacturer's specifications.
(22)
The operator shall provide and maintain a fund to the Borough,
the sum of $5,000, which represents an account from which the Borough
may draw or be reimbursed for the administrative inspection and engineering
costs and fees for review and inspections to ensure compliance with
this chapter. This amount may be adjusted from time to time by resolution
of the Borough Council. Any costs over and above the aforesaid initial
fund incurred by the Borough shall be reimbursed to the Borough along
with a 10% administrative and overhead charge within 30 days of invoicing
by the Borough. The fund shall require remittances within 10 days
of issuance of written notice from the Borough to maintain a balance
of $5,000.
(23)
All activities conducted in association with, and as a part
of oil and gas wells, shall be in accordance with the Commonwealth
of Pennsylvania Oil and Gas Act, as amended, and by any other applicable
federal, state, county, and Borough statutes.
C.
Post-drilling requirements. After drilling is complete, the operator
shall clean the site, complete all restoration activities, and repair
any damage to public property caused by such operations within 60
days. A detailed reclamation plan shall be provided showing that the
entire property will be left in a form for development with uses that
are permitted in the district, relating the reuse to existing uses
or probable uses for surrounding properties and shall provide:
(1)
Proposed topography at contour intervals to provide adequate
grading information, subject to the Borough Engineer's recommendation
at the preapplication meeting, with five feet being the minimum.
(2)
Schedule of progressive rehabilitation.
(a)
After mining is completed on one specified area, quadrant, or
cell, reclamation shall follow progressively in reasonable stages
set forth in the plan before mining continues on other areas of the
site. Extraction areas which are inactive for over one year must be
stabilized and slopes reduced to one vertical foot to seven horizontal
feet, if feasible.
(b)
All rehabilitation activity shall comply with soil erosion and
sedimentation requirements of the Environmental Protection Act, MCL
394.9101 et seq., Part 91, as defined.
(3)
Proposed ground cover and other plantings to stabilize the soil
surface and to beautify the restored area, as well as to protect from
erosion and siltation.
(4)
Concept plans.
(a)
Concept plan(s) for the proposed end use of the site when restored,
drawn to scale, and prepared by a professional engineer, licensed
architect, or licensed landscape architect. The concept shall include:
[1]
The proposed circulation system, including the location of internal
roads and connection to the external road network.
[2]
Delineation of drainage patterns, identification of lakes, floodplains,
and wetlands.
[3]
A description of the provisions for obtaining necessary permits
and approvals for the future use(s).
(b)
The use proposed in the concept plan must be acceptable to the
Borough Council based on the recommendation of the Planning Commission
and a review of the zoning district, Borough Comprehensive Plan, surrounding
land uses, and site characteristics.
(c)
A landfill or other disposal or refuse site will not be considered
a suitable or satisfactory use.
(5)
When the proposed future use, as deemed appropriate by the Borough
Council, includes residential units or other uses requiring the use
of septic fields, the applicant shall provide a description of the
construction and rehabilitation techniques that will be met, including:
(a)
A description of methods and materials to be used in restoring
the site.
(b)
The proposed date for completing all extraction operations and
handling of all spoils and extraneous materials.
(c)
The date for completing the final restoration.
(d)
A list of all seeding and planting materials, which must be
of native stock.
Power plants shall comply with this § 500-118.
B.
Standards.
(1)
Building; noise. All turbines, compressors, engines and any mechanical equipment which requires noise reduction to meet Borough standards shall be located within a fully enclosed building with soundproofing and blow down silencers and mufflers adequate to comply with the noise standards established by § 500-65 or as otherwise established as a condition of approval. In any case, the operation of the equipment shall not create any noise that causes the exterior noise level to exceed the predevelopment ambient noise levels as measured within 300 feet of the building(s). The applicant and or operator shall be responsible for establishing and reporting to the Borough the predevelopment ambient noise level prior to the issuance of the zoning permit for the station.
(2)
Setbacks and buffers. The following setbacks and buffers shall
be applied to any facilities used as part of the electricity generation
process:
(b)
Buffer.
[1]
An undisturbed area of not less than 50 feet in width shall
be maintained along all property lines and road rights-of-way to provide
a buffer and shall not be used for parking, storage or any other purpose
except landscaping and crossing of access roads and required utilities
and discharge/intake lines. In determining the type and extent of
the buffer required, the Borough shall take into consideration the
design of the project structure(s) and site, topographic features
which may provide natural buffering, existing natural vegetation,
and the relationship of the proposed project to adjoining areas.
[2]
Any required landscaped buffer may be installed in the setback
area, and shall consist of trees, shrubbery and other vegetation and
shall be a minimum of 25 feet wide.
[3]
Design details of buffers shall be included on the site plan, and buffers shall be considered improvements for the purposes of guaranteeing installation in accord with the requirements for land developments in Chapter 390 (Subdivision and Land Development).
[4]
It shall be the responsibility of the applicant and/or operator
and/or property owner to maintain all buffers in good condition, free
of rubbish, and replace any dying or dead plants or deteriorating
landscape material.
(3)
Fencing. A fence may be required around the perimeter of the
facility unless the design of the structures adequately provides for
safety.
(4)
Access; required parking. Access to the facility shall be provided
by means of a public street or easement to a public street adequate
to serve the number and type of vehicles anticipated. The access and
parking shall be improved with a dust-free, all-weather surface. The
number of required parking spaces shall equal the number of people
on the largest shift.
(5)
Access routes; road conditions. The applicant shall provide
a map showing the public roads in the Borough proposed to be used
to access the facility and provide an evaluation of the condition
of any Borough road which will be used and the potential damage which
may occur from such use.
(6)
Communications interference. The applicant shall document that
the radio, television, telephone or reception of similar signals for
nearby properties will not be disturbed or diminished, and this may
be accomplished by remedial measures instituted by the developer.
(7)
Historic structures. The facility shall not be located within
500 feet of any structure listed on any public historic register.
C.
Site plan. A full land development plan shall be required for all such sites, showing all facilities, fencing, buffering, access, and all other items required for conditional uses by this chapter and by Chapter 390 (Subdivision and Land Development).
D.
Local, state and federal regulations. All facilities and operations
shall comply with all applicable local, state and federal laws and
rules and regulations. No zoning permit shall be issued until such
time as the applicant provides evidence of compliance with state and
federal regulations.
E.
Informational requirements. The applicant shall provide the information required by this § 500-118E and all other necessary information to enable the Borough to assess the environmental, community and other public health, safety, and welfare effects of the proposed operation. The findings of the Borough based on this information shall serve as a basis for the establishment of conditions of approval. The applicant shall provide the following:
(1)
Application information. The information required by this § 500-118, all required application information, and all other necessary information to enable the Borough to assess compliance with this chapter.
(2)
Additional information. The Borough may require the applicant
to submit details about ground and surface water protection, an environmental
impact statement, and a traffic impact study.
(3)
State and federal application information. A copy of all applications
and information required by the applicable state and federal agencies.
(4)
Emergency response. The applicant shall submit the name, address
and emergency telephone number for the operator of the facility; and
shall develop a emergency preparedness, prevention and control plan
in accord with state and federal requirements and generally accepted
practice and submit the plan for review and comment by the Borough
and the County Emergency Management Agency.
F.
Reporting requirements. For any facility approved by the Borough,
the operator shall submit to the borough copies of all state or federal
required or issued documents and reports associated with the operation,
within 15 days of the date of the document or report.
In addition to all other applicable standards, the following
additional standards shall apply to racetracks:
A.
Setbacks. All areas for the driving, testing and/or maintenance of motor vehicles shall not be less than 250 feet from any property line or public road right-of-way. Setbacks and buffers may be required in accord with § 500-60 to address community effects.
B.
Animal racetracks. In addition to the other standards in this § 500-119, the following additional standards shall apply to animal racetracks:
(1)
The racecourse for any animal racetrack shall not be less than 500 feet from any property line or public road right-of-way. Greater setbacks and buffers may be required in accord with § 500-60 to address community effects.
(2)
Any stable building, corral, kennel or other indoor or outdoor
area used for the keeping or feeding of animals, concentrated confinement
of animals or manure and animal waste storage shall not be less than
100 feet from any property line or public road right-of-way.
(3)
The applicant shall provide a plan for manure and animal waste
management satisfactory to the Borough Council demonstrating that
all manure and animal waste shall be managed and disposed of in accord
with applicable local, state, and federal regulations.
C.
Buildings. All buildings on the racetrack parcel shall comply with
Uniform Construction Code and PA Department of Labor and Industry
Standards.
D.
Time limitations. No motor vehicle race shall be conducted between
the hours of 10:00 p.m. and 9:00 a.m. However, the Borough may establish
more restrictive time limits as a condition of approval.
E.
Repair activities. All service and repair activities shall be conducted
within a completely enclosed building where adequate measures shall
be taken to minimize motor noise, fumes, and glare; except that minor
servicing such as changing tires, sale of gasoline or oil, windshield
washing, and other similar normal activities may be conducted outside
the said building.
F.
Tire and part storage. All new or used tires and parts shall be stored
within a completely enclosed building or area contained by a solid
fence to provide screening, but in no case shall such outdoor storage
exceed 500 square feet in area.
G.
Storage. No vehicles, supplies, parts, or any other material shall
be stored in any required setback areas normally required for the
district.
H.
Fuel documentation. Documentation shall be provided that all fuel
and fuel storage areas comply with state and federal requirements.
I.
Fencing and barriers. Security fencing shall be provided around the
facility (excluding parking areas) to prevent intrusion onto the racetrack
and related areas. Safety fencing/barriers shall be provided between
the racetrack and all areas where spectators, the public or any employee
or other person has access.
J.
Safety plan. A facility safety plan shall be prepared to detail the
specific procedures which will be followed to ensure the safety of
the public, spectators, employees and participants which shall, at
a minimum, address the following:
K.
Bond/insurance. Based on the type and size of the racetrack, the
Borough Council may require the applicant to provide a bond and/or
insurance to cover the cost of any environmental clean-up or enforcement
action which may be required at the site. The amount of the coverage
shall be determined by the Borough based on the type and size of the
track.
Self-storage facilities shall comply with the following standards in this § 500-120.
A.
Bulk requirements. Minimum lot size, lot width and setbacks, and
maximum lot coverage and building height shall conform to district
standards.
B.
Setback areas. There shall be no storage, use or structure within
the setback area, with the exception of the access drive(s).
C.
Habitation. No storage unit shall be used for habitation or residential
purposes and individual mini-warehouse units shall not be served by
a water supply or a sewage disposal system.
D.
Storage limitations. No storage unit shall be used for any other
purpose except storage and shall not be used for any other type of
commercial or manufacturing activity. No material, supplies, equipment
or goods of any kind shall be stored outside of the warehouse structure,
with the exception of the vehicles required for the operation of the
warehouse and boats and recreational vehicles and trailers.
E.
Lighting. All facilities shall be provided with adequate outdoor
lighting for security purposes; and such lighting shall be so directed
as to prevent glare on adjoining properties.
F.
Fire water damage. All storage units shall be fire-resistant and
water-resistant.
G.
Materials stored. All self-storage facility proposals shall include detailed information on the nature and quantity of materials to be stored on the premises. Proposed space rental agreements shall be submitted with the application and shall provide specific rules and regulations to ensure that the requirements of this § 500-120 are or will be satisfied.
This § 500-121 is intended to provide minimum standards to regulate commercial outdoor shooting ranges (referred to as ranges) in order to protect neighboring property owners and the public at large from dangers of wild or ricocheting projectiles and from excessive noise and other nuisances.
A.
Setbacks. All outdoor shooting ranges shall be situated not less than 500 feet from any property line and not less than 1,500 feet from any principal residential or principal nonresidential building existing on the effective date of this § 500-121. This shall not apply to structures on the same parcel as the shooting range.
B.
Safety design. All ranges shall be designed and constructed with safety facilities to prevent accidental wild or ricocheting projectiles and stray arrows, and the Borough may require such additional safety features deemed necessary to meet the intent of this § 500-121. Such features may include, but not be limited to, increased setbacks, earthen berms and setbacks, range orientation, and a limitation of hours of operation.
C.
Noise reduction. All ranges shall be designed and operated to minimize any noise created by the facility and shall at a minimum comply with the requirements of § 500-65 unless more restrictive standards are required by the Borough as a condition of approval.
D.
Hours of operation. No firearm shall be discharged outdoors between
sunset and 8:00 a.m. However, the Borough may establish more restrictive
time limits as a condition of approval.
E.
Fence. Security fencing may be required by the Borough of such extent
and design to restrict accidental access to any range.
F.
Posting. The perimeter around any outdoor range shall be posted with
warning signs to adequately inform anyone entering the area.
G.
NRA guidelines; state and federal. The applicant shall provide evidence
of compliance with any applicable National Rifle Association guidelines,
and state and federal regulations, and best management practices.
The following standards and requirements shall be met by the applicant for a short-term rental which is allowed as a special exception only in those districts as classified by the Schedule of Uses in § 500-17:
A.
License. Possession of a current valid short-term rental license
issued by the Borough in accordance with the Jim Thorpe Borough Short-Term
Rental License Ordinance.
B.
Meals. Meals shall not be provided to overnight guests of the establishment.
C.
Sewage disposal and occupancy. Sewage disposal meeting the requirements
of the Borough and PA DEP shall be provided. Occupancy shall be limited
by the capacity of the sewage disposal system.
D.
Nonconforming lots. Short-term rentals shall be permitted on lots
which are nonconforming in minimum area provided the use complies
with all other requirements.
F.
PA Uniform Construction Code. All short-term rentals shall comply
with PA Uniform Construction Code requirements, as amended.
G.
Information required. In addition to the other information required
by this chapter, the applicant shall include with the application:
(1)
The name, address, telephone number and email address of the
owner of the short-term rental for which the permit is issued. If
the owner does not have a managing agency, agent, or local contact
person, then owner shall provide a twenty-four-hour telephone number.
(2)
The name, address, and twenty-four-hour telephone number of
the managing agency, agent, or local contact person for the owner
of the short-term rental.
(3)
The number of bedrooms and the maximum number of overnight occupants.
(4)
If the building is a two-family or multifamily dwelling structure,
the number of dwelling units and the number of dwelling units being
used as a short-term rental.
(5)
A diagram or photograph of the premises showing and indicating
the number and location of designated on-site parking spaces and the
maximum number of vehicles allowed for overnight occupants.
(6)
Copy of current Carbon County Hotel Room Excise Tax Certificate
and current Pennsylvania Sales Tax License, and/or such other proof
or certification that the appropriate tax is collected.
Slaughterhouses shall comply with this § 500-123.
A.
Parcel size. A minimum parcel of five acres shall be required.
B.
Setbacks.
(1)
Buildings. The minimum setbacks for all buildings shall be 100
feet from property lines and road rights- of-way.
(2)
Animals. Structures which are not fully enclosed, corrals and
other areas for the outdoor confinement of animals shall not be less
than 200 feet from any property line or road right-of-way.
C.
Animal confinement. All animals shall be confined to the slaughterhouse
property at all time by fences or other structures.
D.
Wastes. Solid and liquid wastes shall be disposed of in a manner
to avoid creating insect or rodent problems, and an insect/rodent
abatement plan which shall be prepared. No discharges of liquid wastes
and/or sewage shall be permitted into a reservoir, sewage or storm
sewer disposal system, holding pond, stream or open body of water,
or into the ground unless the discharges are in compliance with the
standards of local, state and/or federal regulatory agencies.
E.
Operating standards. The applicant shall demonstrate that they will
meet the operational and management standards as may be set forth
in treatises recognized by agricultural authorities or as the same
may be produced by the Pennsylvania Department of Agriculture, Department
of Environmental Protection, Pennsylvania State University, College
of Agricultural Sciences, or similar entity.
F.
Odor (see also § 500-68). The applicant shall prepare an odor abatement plan and document the ability to comply with the plan. It is recognized that certain activities do produce odors, but the applicant shall show that odors can be reduced to a minimum or abated. The plan shall include such steps as may be necessary to abate odors or to allow odors at times to minimize interference with public health, safety, and welfare.
A.
Purposes. The purpose of this § 500-124 is to:
(1)
Location and number. Accommodate the need for solar power facilities
while regulating their location and number in the Borough in recognition
of the need to protect the public health, safety, and welfare.
(2)
Critical development areas. Avoid development of land-intensive
solar facilities in areas designated for other uses critical to community
and economic development.
B.
Permits; use regulations.
(1)
Permits. A permit shall be required for every solar power facility
installed in the Borough.
(2)
Associated use. All other uses ancillary to the facility (including
a business office, maintenance depot, etc.) are prohibited from the
facility, unless otherwise permitted in the zoning district in which
the facility is located. This shall not prohibit the installation,
as accessory structures, of equipment containers not intended for
human occupancy to house only equipment necessary for the operation
of the facility.
(3)
Solar power facility as a second principal use. A solar power
facility shall be permitted on a property with an existing use subject
to the following land development standards:
(a)
The minimum lot area, minimum setbacks and maximum height required
by this chapter for the solar power facility shall apply, and the
land remaining for accommodation of the existing principal use(s)
on the lot shall also continue to comply with the minimum lot area,
density, and other requirements.
(b)
The vehicular access to the equipment building shall, whenever
feasible, be provided along the circulation driveways of the existing
use.
(c)
The applicant shall present documentation that the owner of
the property has granted an easement or other legal interest for the
land for the proposed solar power facility and that vehicular access
is provided to the solar power facility.
C.
Standards and design.
(1)
Parcel size; location; setbacks; lot coverage.
(a)
The minimum parcel size shall be 10 acres.
(b)
The setback for solar collectors, all structures, equipment
containers and any associated mechanical facilities shall be 100 feet
from property lines.
(c)
The maximum lot coverage shall be 75% and the area of the solar
collectors shall be included in the calculation of lot coverage.
(2)
Height. Solar collectors shall not exceed the principal structure
height limitations for the underlying zoning district.
(3)
Landscaping. Landscaping may be required to screen as much of
the solar power facility ground features as possible, the fence surrounding
the support structure, and any other ground level features (such as
a building), and in general buffer the solar power facility ground
features from neighboring properties. The Borough may permit any combination
of existing vegetation, topography, walls, decorative fences, or other
features instead of landscaping, if the same achieves the same degree
of screening as the required landscaping.
(4)
Licenses; other regulations. The applicant shall demonstrate
that it has obtained the required licenses from governing state and
federal agencies, and agreement from the local electric utility. The
applicant shall also document compliance with all applicable state
and federal regulations. The applicant shall submit the name, address,
and emergency telephone number for the operator of the solar power
facility.
(5)
Required parking. Adequate parking shall be required for maintenance
workers.
(6)
Communications interference. The applicant shall document that
the radio, television, telephone or reception of similar signals for
nearby properties shall not be disturbed or diminished, and this may
be accomplished by remedial measures instituted by the solar power
facility developer.
(7)
Glare. The applicant shall provide details about anticipated
glare from the facility, including the time of day, time of year and
direction of peak glare periods and document how potential nuisances
to area properties and on public roads shall be controlled.
(8)
Standards; certification. The design of the solar power facility
shall conform to applicable industry standards, including those of
the American National Standards Institute. The applicant shall submit
certificates of design compliance obtained by the equipment manufacturers
from Underwriters Laboratories or other similar certifying organizations.
The operator shall repair, maintain and replace the solar collectors
and associated equipment in like manner as needed to keep the facility
in good repair and operating condition.
(9)
Uniform Construction Code. To the extent applicable, the solar
power facility shall comply with the Pennsylvania Uniform Construction
Code.
(10)
Electrical components. All electrical components of the solar
power facility shall conform to relevant and applicable local, state,
and national codes, and relevant and applicable international standards.
(11)
Warnings. A clearly visible warning sign concerning voltage
shall be placed at the base of all pad-mounted transformers and substations.
Visible, reflective, colored objects, such as flags, reflectors, or
tape shall be placed on the anchor points of guy wires and along the
guy wires up to a height of 10 feet from the ground.
(12)
Signs. No advertising material or signs other than warning,
manufacturer and equipment information or indication of ownership
shall be allowed on any equipment of structures.
(13)
Transmission and power lines. On-site transmission and power
lines shall, to the greatest extent possible, be placed underground.
(14)
Stray voltage/electromagnetic fields (EMF). The operator shall
use good industry practices to minimize the impact, if any, of stray
voltage and/or EMF.
(15)
Emergency services. The applicant shall provide details about
any fire suppression system installed in any accessory structure or
equipment container associated with the solar power facility. Upon
request, the applicant shall cooperate with emergency services to
develop and coordinate implementation of an emergency response plan
for the solar power facility.
(16)
Site plan. A full site plan shall be required for all solar
power facility sites, showing the solar power facility, fencing, screening,
buffers, access, and all other items required by this chapter.
D.
Public inquiries and complaints. The solar power facility owner and
operator shall maintain a phone number and identify a responsible
person for the public to contact with inquiries and complaints throughout
the life of the project, and the solar power facility owner and operator
shall make reasonable efforts to respond to the public's inquiries
and complaints.
E.
Discontinued use. If any facility ceases to be used, the owner or
operator or then owner of the land shall be required to remove the
same within 90 days from the abandonment of use. Failure to do so
shall authorize the Borough to remove the facility and assess the
cost of removal to the foregoing parties.
Solid waste facilities, transfer stations, and staging areas
shall comply with all applicable requirements of this chapter and
state and federal regulations.
The intent of this § 500-126 is to provide standards for access to public roads and setbacks for storage yards for forest products and minerals.
A.
Access to public roads.
(1)
Highway occupancy permit. Access roads to Borough and state
roads shall be in accord with a valid highway occupancy permit.
(2)
Stabilization. The access road shall be adequately stabilized
with stone, shale or other material to minimize soil erosion and the
tracking of mud onto the public road.
(3)
Weight limitations. All operations shall comply with all posted
weight limits and road bonding regulations.
(4)
Use of public roads. Felling or skidding on or across any public
road shall be prohibited without the express written authorization
of the Borough or the Pennsylvania Department of Transportation, as
applicable.
B.
Setbacks.
(1)
Property lines. Storage yards shall not be less than 50 feet
from any property line other than a property line along a public road
right-of-way.
(2)
Public roads. Storage yards shall not be less than 50 feet from
any public road right-of-way.
(3)
Slope. Storage yards shall be located on slopes less than 8%.
Low spots and poorly drained places shall be avoided.
A.
Applicability. In addition to all other applicable requirements of this chapter, the provisions of this § 500-128 shall apply to the siting and construction of any gas transmission line or hazardous liquid pipeline and any pipeline compressor station, metering station or operation/maintenance facilities (all of which are referred to as pipeline facilities) as defined in § 500-128C.
B.
Public interest and intent.
(1)
Public interest. The requirements of this § 500-128 are established in recognition of the environmental and community effects associated with pipeline facilities. The effects include, but are not limited to, compatibility with nearby land uses related to noise, odor, lighting, quality of surface waters and groundwater, use and enjoyment and value of adjoining property, and future community development.
C.
Definitions. Words and phrases used in this § 500-128 shall have the meanings set forth in this § 500-128C. Words not defined in this § 500-128C, but defined in Article III, shall have the meanings set forth in Article III. All other words and phrases shall be given their common, ordinary meaning, unless the context requires otherwise.
(1)
Distribution pipeline. A natural gas pipeline other than a gathering
or transmission line (reference 49 CFR 192.3). A distribution pipeline
is generally used to supply natural gas to the consumer and is found
in a network of piping located downstream of a natural gas transmission
line.
(2)
Gas. Natural gas, flammable gas, or gas which is toxic or corrosive
(reference 49 CFR 192.3). Gases are normally compared to air in terms
of density. The specific gravity of air is 1.0. Any gas with a specific
gravity less than 1.0 (such as natural gas) will rise and usually
disperse. Any gas having a specific gravity greater than 1.0 will
fall and collect near the ground or in low-lying areas such as trenches,
vaults, ditches, and bell holes - such occurrences can be hazardous
to human health and safety.
(3)
Gas transmission pipeline. A pipeline, other than a gathering
line, that 1) transports gas from a gathering line or storage facility
to a distribution center, storage facility, or large-volume customer
that is not downstream from a distribution center; 2) operates at
a hoop stress of 20% or more of specified minimum yield strength;
or, 3) transports gas within a storage field (reference 49 CFR 192.3).
A gas transmission pipeline includes all parts of those physical facilities
through which gas moves in transportation, including pipe, valves,
and other appurtenance attached to pipe, compressor units, metering
stations, regulator stations, delivery stations, holders, and fabricated
assemblies.
(4)
Hazardous liquid. Includes petroleum, petroleum products, anhydrous
ammonia, and carbon dioxide (reference 49 CFR 195.2).
(5)
Hazardous liquid pipeline. All parts of a pipeline facility
through which a hazardous liquids move in transportation, including,
but not limited to, line pipe, valves, and other appurtenances connected
to line pipe, pumping units, fabricated assemblies associated with
pumping units, metering and delivery stations and fabricated assemblies,
and breakout tanks.
(6)
Institutional use. A nonprofit, religious, or public use, such
as a religious building, library; public or private school, hospital,
or government-owned or government-operated building, structure, or
land used for public purpose.
(7)
Petroleum products. Flammable, toxic, or corrosive products
obtained from distilling and processing of crude oil, unfinished oils,
natural gas liquids, blend stocks and other miscellaneous hydrocarbon
compounds.
(8)
Pipeline. Used broadly, pipeline includes all parts of those
physical facilities through which gas, hazardous liquid, or carbon
dioxide moves in transportation.
(9)
Pipeline compressor station, metering station or operation/maintenance
facilities. A facility at which a petroleum product passing through
a pipeline is pressurized by a turbine, motor, or engine, the volume
of flow is measured, or permanent facilities are installed for pipeline
operation/maintenance, and which compress, decompress, process, heat,
dehydrate, alter, or transform the pipeline product. The facility
may contain some type of liquid separator consisting of scrubbers
and filters that capture any liquids or other undesirable particles
from the pipeline. The definition also includes utility transfer stations
which are owned, operated, and maintained by the local natural gas
utility and mark the point at which it assumes official control of
the gas. The definition excludes pipeline valves, metering stations,
pig launchers/receivers, and other components which are located within
the pipeline right-of-way and do not compress, decompress, process,
heat, alter or transform the pipeline product.
(10)
Pipeline corridor. The linear area where a transmission pipeline
or hazardous liquid pipeline and associated facilities are located,
including rights-of-way and easements over and through public or private
property.
(11)
Transmission pipeline. When not specified includes both hazardous
liquid and gas transmission pipelines. Transmission pipelines carry
oil, petroleum products, natural gas, natural gas liquids, anhydrous
ammonia, and carbon dioxide from producing regions of the country
to markets.
D.
Hazard analysis. The applicant shall submit a comprehensive hazard
analysis report prepared by a qualified professional using generally
accepted hazard analysis software as determined by the Borough. The
report shall include, but not be limited to, the following:
(1)
The applicable state and federal regulations and how the proposed
pipeline facility will comply.
(2)
A description of the pipeline facility and community and environmental
characteristics of the proposed corridor and areas within 1,000 feet
of the centerline of the proposed pipeline facility.
(3)
Unusually Sensitive Areas as identified by the National Pipeline
Mapping System (NPMS) Pipeline Information Management and Mapping
Application (PIMMA).
(4)
The frequency of community and environmental hazards associated
with the type of pipeline facility proposed.
(5)
The probable consequences of an accidental release for both
leaks and ruptures for community and environmental effects.
(6)
The community and environmental risk of an accidental spill.
(7)
Measures for risk mitigation and the likelihood and consequences
of community and environmental effects.
E.
(Reserved)
F.
Traffic impact study. The applicant shall also submit a traffic impact
study using current PennDOT methodology.
H.
Setbacks from existing buildings, uses and features. Unless another ordinance provision requires a greater setback or the Borough Council determines a greater setback is required to mitigate the community and/or environmental effects of the proposed transmission pipeline, the minimum setbacks in this § 500-128I shall apply to all proposed pipeline facilities and appurtenant structures and operations. The setbacks shall be measured from the centerline of the transmission pipeline and from the nearest edge of any appurtenant structure or facility to any of the following existing buildings, uses and features:
(1)
Property line or public road right-of-way: 100 feet.
(2)
Dwelling: 300 feet.
(3)
Property owners' association uses: 300 feet.
(4)
Commercial, light manufacturing or industrial building: 300
feet.
(5)
Institutional uses, any use requiring evacuation assistance
and places of large public gatherings such as arenas: 500 feet.
I.
Noise. All compressors, engines and any mechanical equipment which requires noise reduction to meet Borough standards shall be located within a fully enclosed building with soundproofing and blow down silencers and mufflers adequate to comply with the noise standards established by § 500-65 or as otherwise established as a condition of approval. In any case, the operation of the equipment shall not create any noise that causes the exterior noise level to exceed the predevelopment ambient noise levels as measured within 300 feet of the compressor station building(s). The applicant and or operator shall be responsible for establishing and reporting to the Borough the predevelopment ambient noise level prior to the issuance of the zoning permit for the station.
J.
Fence and signs.
(1)
All aboveground facilities shall be completely enclosed by a
chain-link fence six feet in height with at least one secured entrance
gate. All gates shall be locked when the operator or its employees
are not on the premises. All fences and gates shall be maintained
in good repair and in such a manner as not to become unsightly.
K.
Informational requirements. The applicant shall provide the information required by § 500-170, this § 500-128 and all other necessary information to enable the Borough to assess compliance and the environmental, community and other public health, safety and welfare effects of the proposed operation. The findings of the Borough based on this information shall serve as a basis for the establishment of conditions. The applicant shall also provide the following:
(1)
Construction schedule. Anticipated construction start and completion
date.
(2)
State and federal information. A copy of all applications and
information required by the governing state and federal agencies.
(3)
Emergency response. The applicant shall develop a emergency
preparedness, prevention and control plan in accord with state and
federal requirements and generally accepted practice and submit the
plan for review and comment by the Borough.
(4)
Site plan. A plan of the site meeting the requirements for a major subdivision per Chapter 390 (Subdivision and Land Development) and including the location of all facilities and the lighting plan.
(5)
Site address. The Borough assigned address for the project site.
Vehicle related uses shall comply with the standards in this § 500-129.
A.
Car and truck wash facilities. All car and truck wash facilities
shall be subject to the following specific regulations and requirements:
(1)
The principal building housing the said facility shall be set
back a minimum of 60 feet from the road or street right-of-way line
and 30 feet from the side or rear property lines.
(2)
Appropriate facilities for the handling of wastewater from the
washing activities shall be provided including, the prevention of
water being dripped onto the adjoining road or street from freshly
washed vehicles during periods of freezing weather.
(3)
The facility shall have adequate means of ingress and egress
to prevent adverse effects to either vehicular or pedestrian traffic.
When a wash facility occupies a corner lot, the access driveways shall
be located at least 75 feet from the intersections of the front and
side street right-of-way lines.
(4)
The site shall be sufficiently large to accommodate vehicles
awaiting washing during peak periods, but in no case shall the waiting
area for each stall accommodate less than three automobiles.
(5)
Any wash facility located within 200 feet of any R-1, R-2, R-3
or R-4 District shall not operate between the hours of 9:00 p.m. and
7:00 a.m.
B.
Vehicle or equipment repair operations. All vehicle or equipment
repair operations shall be subject to the following specific regulations
and requirements:
(1)
All service and repair activities shall be conducted within
a completely enclosed building where adequate measures shall be taken
to minimize motor noise, fumes, and glare; except that minor servicing
such as changing tires, sale of gasoline or oil, windshield washing,
and other similar normal activities may be conducted outside the said
building.
(2)
Only vehicles with current licenses and current registration
waiting to be repaired or serviced, waiting to be picked up by the
vehicle owner, or legally impounded may be stored outdoors. If a legitimate,
bona fide service station stores more than four vehicles per interior
service stall, it shall comply with the junk regulation set forth
in this chapter. Proof of current license and current registration
or ownership of any vehicle will be required upon demand by the Zoning
Officer.
(3)
No area on the lot which is required for the movement of vehicles
in and about the buildings and other facilities shall be used to comply
with the off-street parking requirements of this chapter.
(4)
All new or used tires and parts shall be stored within a completely
enclosed building or area contained by a solid fence to provide screening,
but in no case shall such outdoor storage exceed 250 square feet in
area.
(5)
Gasoline pumps and other service appliances may be located in
the required front setback but shall not be situated closer to the
road or street right-of-way line than 30 feet or the PennDOT requirement,
whichever is greater. Any aboveground storage tanks shall not be placed
in the front setback area.
(6)
No vehicles shall be stored in any required setback areas.
(7)
Any operation which is primarily intended to serve trucks with
three or more axles or tractor-trailer trucks: all areas for fueling
and servicing shall be not less than 100 feet from any R-1, R-2, R-3
or R-4 District.
(8)
All repair, welding, auto body, painting and similar work shall
be performed within a building with a fume collection and ventilation
system that directs noxious fumes away from any adjacent buildings.
All such systems shall meet all required state and federal health
and safety standards.
C.
Vehicle or equipment sales operations. All vehicle or equipment display
and sales operations of new and used automobiles, trucks, motorcycles,
mobile homes, recreation vehicles, boats, and travel trailers and
other vehicles and equipment shall be subject to the following specific
requirements:
(1)
All principal and accessory buildings and structures shall be
in accord with the setback, building height and lot coverage requirements
of the district.
(2)
The outdoor display of new and used cars, trucks, motorcycles,
mobile homes, recreation vehicles, boats, and travel trailers and
other vehicles and equipment shall meet the appropriate front, side,
and rear setback requirements for the district.
(3)
Activities which are normally accessory to such sales operations, such as engine tune-up and repairs, body repairs, painting, undercoating and other similar activities shall be conducted in accord with the applicable standards in § 500-129B.
(4)
Only vehicles with current license and current registration
waiting to be repaired or serviced or waiting to be picked up by the
vehicle owner may be stored in any exterior area. If a legitimate,
bona fide service station stores more than four vehicles per service
stall in exterior areas, it shall comply with the junkyard regulations
set forth in this chapter. Proof of current license and current registration
or ownership of any vehicle will be required upon demand by the Zoning
Officer.
(5)
No area on the lot which is required for the movement of vehicles
in and about the buildings and other facilities shall be used to comply
with the off-street parking requirements of this chapter.
(6)
All new or used tires and parts shall be stored within a completely
enclosed building or area contained by a solid fence to provide screening,
but in no case shall such outdoor storage exceed 250 square feet in
area.
(7)
No vehicles shall be stored in any required setback areas.
The provisions of this § 500-130 shall apply to wind energy facilities.
A.
Purposes.
(1)
To accommodate the need for wind energy facilities while regulating
their location and number in the Borough in recognition of the need
to protect the public health, safety and welfare.
(2)
To avoid potential damage to adjacent properties from windmill
structure failure and falling ice, through engineering and proper
siting of such structures.
B.
Permits; use regulations.
(1)
Permits. A permit shall be required for every wind energy facility
and windmill installed at any location in the Borough.
(2)
Associated use. All other uses ancillary to the wind energy
facility (including a business office, maintenance depot, etc.) are
prohibited from the wind energy facility, unless otherwise permitted
in the zoning district in which the wind energy facility is located.
This shall not prohibit the installation, as accessory structures,
of equipment containers not intended for human occupancy to house
only equipment necessary for the operation of the wind energy facility.
(3)
Wind energy facility as a second principal use. A wind energy
facility shall be permitted on a property with an existing use subject
to the following land development standards:
(a)
The minimum lot area, minimum setbacks and maximum height required
by this chapter for the wind energy facility and windmills shall apply,
and the land remaining for accommodation of the existing principal
use(s) on the lot shall also continue to comply with the minimum lot
area, density, and other requirements.
(b)
The vehicular access to the equipment building shall, whenever
feasible, be provided along the circulation driveways of the existing
use.
(c)
The applicant shall present documentation that the owner of
the property has granted an easement or other legal interest for the
land for the proposed facility and that vehicular access is provided
to the facility.
C.
Standards.
(1)
Wind energy facility height. The applicant shall demonstrate
that the windmills are at the minimum height required to function
satisfactorily. No windmill that is taller than this minimum height
shall be approved.
(2)
Parcel size; setbacks.
(a)
Separate parcel. If the parcel on which the wind energy facility
is a separate and distinct parcel, the zoning district minimum lot
size shall apply and, in all cases, the lot shall be of such size
that all required setbacks are satisfied. No windmill shall be located
closer to any property line than its height plus the normal setback
for the district. The setback for equipment containers, other accessory
structures and guy wire anchors shall be a minimum of 30 feet.
(b)
Lease, license or easement. If the land on which the wind energy
facility is leased, or is used by license or easement, the setback
for any windmill, the support structure, equipment containers, other
accessory structures, and guy wire anchors shall be a minimum of 30
feet from the line of lease, license or easement. In any case, no
windmill shall be located closer to any property line (not lease,
license or easement line) than its height plus the normal setback
for the district.
(c)
Principal structures. No windmill shall be located less than
500 feet from any principal residential structure existing prior to
the erection of the windmill.
(3)
Wind energy facility support structure safety. The applicant
shall demonstrate that the proposed windmills are safe and the surrounding
areas will not be negatively affected by structure failure, falling
ice or other debris, electromagnetic fields, or radio frequency interference.
All windmills shall be fitted with anticlimbing devices, as approved
by manufacturers. The applicant shall submit certification from a
Pennsylvania registered professional engineer that a proposed wind
energy facility and support structure will be designed and constructed
in accord with accepted engineering practices and all requirements
of any applicable construction code. Within 45 days of initial operation,
the owner and/or operator of the wind energy facility shall provide
a certification from a Pennsylvania registered professional engineer
that the wind energy facility and all structures comply with all applicable
regulations.
(4)
Fencing. A fence may be required around windmills and other
equipment unless the design of the structures adequately provides
for safety.
(5)
Landscaping. Landscaping may be required to screen as much of
the wind energy facility ground features as possible, the fence surrounding
the support structure, and any other ground level features (such as
a building), and in general buffer the wind energy facility ground
features from neighboring properties. The Borough may permit any combination
of existing vegetation, topography, walls, decorative fences or other
features instead of landscaping, if the same achieves the same degree
of screening as the required landscaping.
(6)
Licenses; other regulations; insurance. The applicant must demonstrate
that it has obtained the required licenses from governing state and
federal agencies. The applicant shall also document compliance with
all applicable state and federal regulations. The applicant shall
submit the name, address and emergency telephone number for the operator
of the wind energy facility; and a certificate of insurance evidencing
general liability coverage in the minimum amount of $1,000,000 per
occurrence and property damage coverage in the minimum amount of $1,000,000
per occurrence covering the wind energy facility.
(7)
Access; required parking. Access to the wind energy facility
shall be provided by means of a public street or easement to a public
street. The easement shall be a minimum of 20 feet in width and shall
be improved to a width of at least 10 feet with a dust-free, all-weather
surface for its entire length. If the wind energy facility site is
fully automated, adequate parking shall be required for maintenance
workers. If the site is not automated, the number of required parking
spaces shall equal the number of people on the largest shift.
(8)
Color and lighting; FAA and PA DOT notice. Windmills shall comply
with all applicable Federal Aviation Administration (FAA) and PA DOT
Bureau of Aviation regulations. No windmill may be artificially lighted
except as required by FAA requirements. The applicant shall provide
a copy of the response to Notice of Proposed Construction or Alteration
forms submitted to the FAA and PA DOT Bureau of Aviation.
(9)
Communications interference. The applicant shall document that
the radio, television, telephone or reception of similar signals for
nearby properties will not be disturbed or diminished, and this may
be accomplished by remedial measures instituted by the wind energy
facility developer.
(10)
Historic structures. A wind energy facility shall not be located
within 500 feet of any structure listed on any public historic register.
(11)
Discontinued use. Should any wind energy facility or windmill
cease to be used, the owner or operator or then owner of the land
on which the wind energy facility or windmill is located, shall be
required to remove the same within one year from the abandonment of
use. Failure to do so shall authorize the Borough to remove the facility
and assess the cost of removal to the foregoing parties. The Borough
may also file a municipal lien against the land to recover the costs
of removal and attorney's fees. In addition, at the time of zoning
permit issuance for any windmill, the Borough shall require a financial
guarantee, in a term, form and amount determined by the Borough Council
with the advice of the Borough Solicitor, to guarantee the removal
of the windmill.
(12)
Site plan. A full site plan shall be required for all wind energy
facility sites, showing the wind energy facility, windmills, building,
fencing, buffering, access, and all other items required by this chapter.
D.
Public inquiries and complaints. The facility owner and operator
shall maintain a phone number and identify a responsible person for
the public to contact with inquiries and complaints throughout the
life of the project, and the facility owner and operator shall make
reasonable efforts to respond to the public's inquiries and complaints.
E.
Wind test towers. Temporary wind test towers may be erected as a
conditional use in districts where wind energy facilities are permitted
in accord with other applicable requirements of this chapter. Such
towers shall be removed within 18 months of installation.
In addition to all other applicable standards of this chapter,
the following regulations shall apply to wireless communications facilities
(WCF) including, but not limited to, cellular phone antennas, antennas
for communication service regulated by the PA Public Utility Commission,
and other commercial antennas and associated facilities.
A.
Purposes.
(1)
To accommodate the need for communication facilities while regulating
their location and number in the Borough in recognition of the need
to protect the public health, safety, and welfare.
(2)
To minimize the adverse visual effects of communication facilities
and support structures through proper design, siting and vegetative
screening.
(3)
To avoid potential damage to adjacent properties from communication
facility support structure failure and falling ice, through engineering
and proper siting of support structures.
(4)
To encourage the joint use of any wireless communication facility
support structures and to reduce the number of such structures needed
in the future.
B.
Permits; use regulations. A permit shall be required for every WCF
and support structure installed at any location, whether in or out
of a right-of-way, and the following use regulations shall apply:
(1)
Existing tall structures. A WCF site with a WCF that is attached
to an existing communications tower, smokestack, water tower, other
tall structure, or a building not less than 35 feet in height and
where the height of the WCF does not exceed the height of the existing
structure by more than 20 feet shall be permitted in all districts
as an accessory use and conditional use approval shall not be required.
A WCF on a single-family or two-family dwelling shall not be permitted.
Any subsequent installations above the initial twenty-foot height
increase shall be prohibited. The applicant shall provide the following
information:
(a)
Evidence from a Pennsylvania registered professional engineer
certifying that the proposed installation will not exceed the structural
capacity of the building or other structure, considering wind and
other loads associated with the antenna location.
(b)
Detailed construction and elevation drawings indicating how
the antennas will be mounted on the structure for review by the Borough
for compliance with the applicable requirements.
(c)
Evidence of recorded agreements and/or easements necessary to
provide access to the building or structure on which the antennas
are to be mounted so that installation and maintenance of the WCF
and associated equipment can be accomplished.
(2)
New structures and WCF exceeding 20 feet on existing structures.
A WCF site with a WCF that is either not mounted on an existing eligible
structure or is more than 20 feet higher than the structure on which
it is mounted shall be permitted only in those districts specified
on the Schedule of Uses[1] and shall require conditional use approval in accord with this § 500-131.
(3)
New tower-based WCF in a right-of-way. A new tower based WCF shall not be permitted in any street or alley right-of-way. See § 500-131B(4) for a WCF on an existing utility pole.
(4)
Small wireless facilities. Small wireless facilities (SWF),
as defined by the Federal Communications Commission (FCC), shall be
considered principal permitted uses in all zoning districts and shall
comply with FCC requirements and Pennsylvania Act 50: The Small Wireless
Facilities Deployment Act. The Borough shall regulate SWF in accord
with FCC requirements and Pennsylvania Act 50. In addition, the following
requirements shall apply:
(a)
A small wireless facility shall utilize the smallest, least
visually intrusive antennas, components, and other necessary equipment
available at the time of installation.
(b)
Structures should be architecturally integrated into the environment
and harmonize with the property on which it is proposed.
(c)
Structures shall be the minimum height necessary.
(d)
Each small wireless facility antenna shall be located entirely
within a shroud or canister type enclosure.
(e)
The diameter of the antenna or antenna enclosure should not
exceed the diameter of the top of the wireless support structure pole,
and to the maximum extent practical, should appear as a seamless vertical
extension of the pole. In no case shall the maximum diameter of the
shroud be wider than 1 1/2 times the diameter of the top of the
pole. Where maximum shroud diameter exceeds diameter of the top of
the pole, the shroud shall be tapered to meet the top of the pole.
The enclosure shall not exceed six cubic feet in volume.
(f)
All antennas shall be mounted to the top of the wireless support
structure pole, aligned with the centerline of the wireless support
structure.
(g)
Tree "topping" or the improper pruning of trees is prohibited.
Any proposed pruning or removal of trees, shrubs or other landscaping
already existing (especially within the right-of-way) must be noted
in the application.
(h)
All cables, wires and connectors related to the small wireless
facility must be fully concealed on the wireless support structure
and shall match the color of the wireless support structure. There
shall be no external cables and wires related to the small wireless
facility hanging off or otherwise exposed on the wireless support
structure.
(i)
All colors shall match the background of any wireless support
structure that the facilities are located upon. In the case of existing
wood poles, finishes of conduit shall be zinc, aluminum or stainless
steel, or colored to match those metal finishes and equipment cabinets
shall be the color of brushed aluminum. Ground-mounted equipment cabinets
shall be the color of brushed aluminum.
(j)
Ground-mounted equipment in the street right-of-way is prohibited,
unless the applicant can demonstrate that pole-mounted or underground
equipment is technically infeasible. If ground-mounted equipment is
necessary, the equipment must be as far away from the roadway as possible
(other than if impacting active use residential property) and should
be fully concealed where practicable. Generators located in the rights-of-way
are prohibited.
(k)
Replacement poles shall be located as near as possible to the
existing pole with the requirement to remove the abandoned pole.
(l)
Equipment enclosures, including electric meters, shall be as
small as possible. Ground-mounted equipment shall incorporate concealment
elements into the proposed design matching color and materials of
the wireless support structure unless other materials or colors are
identified by the Borough. Concealment may include, but shall not
be limited to, landscaping, strategic placement in less obtrusive
locations and placement within existing or replacement street furniture.
(m)
Radio equipment shall be fully enclosed within an equipment
cabinet or concealed within the antenna shroud enclosure matching
color and materials of the wireless support structure unless other
materials or colors are approved by the Borough.
(n)
The small wireless facility operator/permittee shall post its
name, location identifying information, and emergency telephone number
in an area on the cabinet of the small wireless facility that is visible
to the public. Signs required under this section shall not exceed
four inches by six inches, unless otherwise required by law (e.g.,
RF ground notification signs) or the Borough. If no cabinet exists,
the signs shall be placed at the base of the pole.
(o)
Small wireless facilities and wireless support structures shall
not be illuminated, except in accord with state or federal regulations,
or unless illumination is integral to the camouflaging strategy such
as design intended to look like a street light pole.
(p)
The small wireless facility operator/permittee shall remove
or paint over unnecessary equipment manufacturer decals. The color
shall match or shall be as approved by the Zoning Officer. Small wireless
facilities and wireless support structures shall not include advertisements
and may only display information required by a federal, state, or
local agency. The small wireless facility operator/permittee shall
use the smallest and lowest visibility radio frequency (RF) warning
sticker required by government or electric utility regulations. Placement
of the RF sticker shall be as close to the antenna as possible.
(q)
In residential areas, the small wireless facility operator shall
use a passive cooling system. In the event that a fan is needed, the
small wireless facility operator shall use a cooling fan with a low
noise profile.
(5)
Associated use. All other uses ancillary to the WCF (including
a business office, maintenance depot, vehicle storage, etc.) are prohibited
from the WCF site, unless otherwise permitted in the zoning district
in which the WCF site is located. This shall not prohibit the installation,
as accessory structures, of equipment containers not intended for
human occupancy to house only equipment necessary for the operation
of the WCF.
(6)
WCF as a second principal use. A WCF shall be permitted on a
property with an existing use subject to the following land development
standards:
(a)
The WCF facility shall be fully automated and unattended on
a daily basis and shall be visited only for periodic maintenance.
(b)
The minimum lot area, minimum setbacks and maximum height required
by this chapter for the WCF and support structure shall apply; and,
the land remaining for accommodation of the existing principal use(s)
on the lot shall also continue to comply with the minimum lot area,
density and other requirements.
(c)
Vehicular access to the equipment building shall, whenever feasible,
be provided along the circulation driveways of the existing use.
(d)
The applicant shall present documentation that the owner of
the property has granted an easement filed of record or other legal
interest for the land for the proposed facility and that vehicular
access is provided to the facility.
C.
Standards. The following standards shall apply to all WCF:
(1)
Location requirement and number. The applicant shall demonstrate
to the satisfaction of the Borough, using technological evidence,
that the WCF and support structure must go where it is proposed, in
order to satisfy its function in the company's grid system. The
number of WCF to be installed at a site by an applicant may not exceed
the current minimum necessary to ensure the adequacy of current service
required by the Federal Communications Commission (FCC) license held
by that applicant. The applicant shall provide information on the
general location of other towers/sites planned for the region.
(2)
Collocation; new tower. If the applicant proposes to build a
tower (as opposed to mounting the WCF on an existing structure), the
Borough may require the applicant to demonstrate that it contacted,
in writing, the owners of tall structures within a one-mile radius
of the site proposed, asked for permission to install the WCF on those
structures, and was denied. This would include smokestacks, water
towers, tall buildings, WCF support structures of other cellular phone
companies, other communications towers (fire, police, etc.) and other
tall structures. The Borough may deny the application to construct
a new tower if the applicant has not made a good faith effort to mount
the WCF on an existing structure, thereby documenting that there exists
no other support structure which can reasonably serve the needs of
the owner of the proposed WCF. A good faith effort shall demonstrate
that one or more of the following reasons apply to a particular structure:
(a)
The proposed equipment would exceed the structural capacity
of the existing structure; and its reinforcement cannot be accomplished
at a reasonable cost.
(b)
The proposed equipment would cause radio frequency interference
with other existing equipment for that existing structure; and the
interference cannot be prevented at a reasonable cost.
(c)
Such existing structures do not have adequate location, space,
access or height to accommodate the proposed equipment or to allow
it to perform its intended function.
(d)
Addition of the proposed equipment would result in electromagnetic
radiation from such structure exceeding applicable standards established
by the Federal Communications Commission governing human exposure
to electromagnetic radiation.
(e)
A commercially reasonable agreement could not be reached with
the owners of such structures.
(3)
WCF height; airport zoning; design.
(a)
The applicant shall demonstrate that the WCF is at the minimum
height required to function satisfactorily and provide adequate height
for eight service providers. The maximum height of any WCF shall be
200 feet.
(b)
The Borough may require the tower to be designed and constructed
to be stackable (structurally capable of being increased in height)
so that additional antenna arrays can be accommodated in addition
to the arrays on the original tower to facilitate future collocation.
(c)
WCF equipment buildings shall comply with the accessory structure
height limitations of the applicable zoning district.
(d)
The Borough shall require stealth design or specific colors
to ensure that the WCF is compatible with the surrounding landscape;
and such determination shall be based on a balloon test for height
conducted by the applicant.
(4)
Setbacks. If a new WCF support structure is constructed (as
opposed to mounting the WCF on an existing structure) or if the WCF
height exceeds the height of the existing structure on which it is
mounted by more than 20 feet, the following minimum setbacks shall
apply.
(a)
Separate parcel. If the parcel on which the WCF and support
structure are located is a separate and distinct parcel, the distance
between the base of the support structure and any adjoining property
line shall not be less than the height of the WCF structure plus the
normal setback for the district. The setback for equipment containers,
other accessory structures, and guy wire anchors shall be a minimum
of 30 feet.
(b)
Lease, license or easement. If the land on which the WCF and
support structure is leased, or is used by license or easement, the
setback for any part of the WCF, the support structure, equipment
containers, other accessory structures, and guy wire anchors shall
be a minimum of 30 feet from the line of lease, license, or easement.
In any case, the distance between the base of the support structure
and any adjoining property line (not lease, license or easement line)
shall not be less than the height of the WCF structure.
(5)
WCF support structure safety. The applicant shall demonstrate
that the proposed WCF and support structure are safe, and the surrounding
areas will not be negatively affected by support structure failure,
falling ice or other debris, electromagnetic fields, or radio frequency
interference. All support structures shall be fitted with anticlimbing
devices, as approved by manufacturers. The applicant shall submit
certification from a Pennsylvania registered professional engineer
that a proposed WCF and support structure will be designed and constructed
in accordance with the current Structural Standards for Steel Antenna
Towers and Antenna Supporting Structures, published by the Electrical
Industrial Association/Telecommunications Industry Association and
applicable requirements of any applicable building code. Within 45
days of initial operation, the owner and/or operator of the WCF and
support structure shall provide a certification from a Pennsylvania
registered professional engineer that the WCF and support structure
comply with all applicable regulations.
(6)
Stealth design. Wireless communication facilities shall be of
stealth design, as required by the Borough, and shall comply with
the following standards relating to neighborhood character, placement,
material, and colors:
(a)
Wireless communication facilities attached to an existing structure
shall be designed and maintained to blend in with the existing structure
to the extent feasible, including placement in a location which is
consistent with proper functioning of the wireless communication facility
and use of compatible or neutral colors.
(b)
Wireless communication facilities attached to an existing structure
shall be screened in a reasonable and achievable manner.
(c)
Wireless communication facilities proposed on a new tower, including
support structure(s), shall be designed to blend in with the existing
surroundings, including the use of compatible colors and disguised
structures.
(d)
Equipment facilities shall, to the extent practicable, use materials,
colors and textures that blend in with the natural setting and built
environment.
(7)
Fencing. A fence shall be required around the WCF support structure
and other equipment, unless the WCF is mounted on an existing structure.
The fence shall be a minimum of eight feet in height.
(8)
Landscaping. Landscaping may be required to screen as much of
the support structure as possible, the fence surrounding the support
structure, any other ground level features (such as a building), and,
in general, buffer the WCF and support structure site from neighboring
properties. The Borough may permit any combination of existing vegetation,
topography, walls, decorative fences, or other features instead of
landscaping, if they achieve the same degree of screening as the required
landscaping. If the WCF is mounted on an existing structure and other
equipment is housed inside an existing structure, landscaping shall
not be required. In addition, existing vegetation on and around the
site shall be preserved to the greatest extent possible.
(9)
Collocation; other uses. In order to reduce the number of WCF
support structures needed in the community in the future, the proposed
support structure for a new tower facility shall be required to accommodate
other users, including, but not limited to, other cellular phone companies,
and local fire, police, and ambulance companies. The applicant shall
provide evidence of written contact with all wireless service providers
who supply service within the Borough for the purpose of assessing
the feasibility of collocated facilities. The proposed structure,
as determined by the Borough, shall be constructed to provide available
capacity for other providers if there is a future additional need
for such facilities.
(10)
Licenses; other regulations; insurance. The applicant must demonstrate
that it has obtained the required licenses from the Federal Communications
Commission, the PA Public Utility Commission, and other agencies.
The applicant shall also document compliance with all applicable state
and federal regulations. The applicant shall submit the name, address,
and emergency telephone number for the operator of the WCF and a certificate
of insurance evidencing general liability coverage in the minimum
amount of $2,000,000 per occurrence and property damage coverage in
the minimum amount of $2,000,000 per occurrence covering the WCF and
support structure. The applicant shall provide the Borough with annual
proof of renewal prior to expiration.
(11)
Access. Access to the WCF and support structure shall be provided
by means of a public street or easement to a public street. The easement
shall be a minimum of 20 feet in width and shall be improved to a
width of at least 10 feet with a dust-free, all-weather surface for
its entire length.
(12)
Signs; lighting; FAA and PA DOT notice.
(a)
No signs or lights shall be mounted on a WCF except as may be required by this § 500-131, Federal Communication Commission, Federal Aviation Administration or other governmental agency which has jurisdiction.
(b)
No WCF support structure may be artificially lighted, except
as required by the Federal Aviation Administration.
(c)
The applicant shall provide a copy of the response to Notice
of Proposed Construction or Alteration forms submitted to the FAA
and PA DOT Bureau of Aviation; and the WCF and support structure shall
comply with all FAA and PA DOT requirements.
(13)
Communications interference. The applicant shall document that
the radio, television, telephone, or reception of similar signals
for nearby properties will not be disturbed or diminished.
(14)
(Reserved)
(15)
Identification. All antenna support structures, including, but
not limited to, equipment buildings and cabinets, shall clearly display
the operator's name, license number and emergency telephone number.
(16)
Fire suppression system. The applicant shall provide details
about any fire suppression system installed in any accessory structure
or equipment container associated with the WCF.
(17)
Discontinued use. If any WCF or support structure ceases to
be used as a communications facility, the owner or operator or then
owner of the land on which the WCF and support structure is located
shall be required to remove the same within 90 days from the abandonment
of use. Failure to do so shall authorize the Borough to remove the
facility and assess the cost of removal to the foregoing parties.
In addition, at the time of zoning permit issuance for any WCF the
Borough shall require a financial guarantee, in a term, form and amount
determined by the Borough Council with the advice of the Borough Solicitor,
to guarantee the removal of the WCF.
(18)
Site plan. A full site plan shall be required for all WCF and
support structure sites, showing the WCF, WCF support structure, building,
fencing, buffering, access, and all other items required in the Subdivision
and Land Development Ordinance.[2] The site plan shall not be required if the WCF is to be
mounted on an existing structure and the WCF does not exceed the height
of the existing structure by more than 20 feet.
Youth or adult camps/retreats shall comply with the requirements of this § 500-132 and other applicable chapter provisions. In addition, youth or adult camps/retreats are considered land developments as regulated by Chapter 390 (Subdivision and Land Development) and shall be designed in accord with the general four-step and conservation open space design standards in § 390-46.
A.
Parcel size. The minimum parcel size shall be 20 acres.
B.
Definition of youth or adult/retreat lodging unit. Youth or adult/retreat
lodging unit (referred to as lodging unit) shall mean a single, habitable
unit with facilities used for temporary living, sleeping by one family
or group and which may include cooking and eating facilities located
in single detached unit or in a multiunit structure.
C.
Tents and recreational vehicles. The use of tents provided by the
facility operator for youth or adult/retreat lodging shall be permitted
but recreational vehicles shall not be permitted.
D.
Occupancy. Youth or adult/retreat lodging units shall be for transient occupancy (see definition in § 500-12) only. However, one dwelling unit may be provided for a permanent residence for the owner/operator of the facility and one dwelling unit may be provided for a permanent residence for a caretaker.
E.
Density. The maximum number of youth or adult/retreat lodging units, including any owner/operator and caretaker units, shall not exceed one lodging unit per 1.5 acres of adjusted tract area calculated per § 500-37C.
F.
PA UCC. All structures shall meet PA UCC requirements.
G.
Subdivision of lots. All youth or adult/retreat lodging units and any owner/operator or caretaker dwelling unit shall be located on the overall youth or adult/retreat parcel. The subdivision or any lease constituting a subdivision of any lot or area containing any lodging or owner/operator or caretaker unit associated with the facility shall be subject to Chapter 390 (Subdivision and Land Development) and all other applicable regulations.
H.
Setbacks and building separation.
(1)
No lodging or owner/operator or caretaker dwelling unit or principal
or accessory building or structure shall be less 100 feet from any
public road and all adjoining property lines.
I.
Facilities.
(1)
Facilities for indoor recreation and learning and for outdoor
activities such as hunting, fishing, hiking, bicycling, baseball,
zip lines and swimming shall be permitted. Use of recreational facilities
shall be limited to the users of the youth or adult/retreat lodging
units.
J.
Land development plan.
(1)
A land development plan meeting the requirements of Chapter 390 (Subdivision and Land Development) shall be required.
(2)
The plan shall show the area where all existing dwelling units
and structures are located and the area where additional lodging and/or
owner/operator or caretaker dwelling units are proposed.
(3)
The number of lodging and/or owner/operator or caretaker dwelling
units proposed for the identified area shall be specified but need
not be specifically located on the land development plan.
(4)
The plan shall include all proposed access roads, stormwater
facilities, sewage disposal and other improvements.
(5)
The specific location of each lodging and owner/operator or
caretaker dwelling unit shall be identified at the time of application
for the zoning and building permit for that particular unit.
K.
Internal roads. Roads serving the youth or adult/retreat and all lodging and owner/operator dwelling or caretaker units shall be constructed to the requirements applicable to private access streets in Chapter 390 (Subdivision and Land Development), however paving shall not be required and the base course of PennDOT No. 2A Aggregate shall be increased to eight inches.
