A.
Findings. In adopting these standards which apply
to adult businesses, the Council has made the following findings in
regard to the secondary effects on the health, safety and welfare
of the citizens of the Borough based on evidence concerning the adverse
secondary effects of adult uses on the community presented in hearings
and in reports made available to the Council; in the cases of City
of Renton v. Playtime Theaters, Inc., 475 U.S. 41 (1986), Young v.
American Mini Theaters, 427 U.S. 50 (1976), and Northend Cinema, Inc.,
v. Seattle, 585 P. 2d 1153 (Wash. 1978); on studies in other communities,
including but not limited to Phoenix, Arizona; Minneapolis, Minnesota;
Saint Paul, Minnesota; Manatee County, Florida; Houston, Texas; Indianapolis,
Indiana; Amarillo, Texas; Los Angeles, California; Austin, Texas;
Seattle, Washington; Oklahoma City, Oklahoma; Beaumont, Texas; New
York City, New York; and in the Report of the Attorney General's Working
Group on the Regulation of Sexually Oriented Businesses, June 6, 1989,
State of Minnesota.
(1)
The concern over sexually transmitted diseases is
a legitimate health concern of the Borough which demands reasonable
regulation of adult businesses and adult uses in order to protect
the health and well-being of its citizens.
(2)
Certain employees of sexually oriented businesses
regulated by this chapter as adult theaters and cabarets engage in
higher incidents of certain types of sexually oriented behavior at
these businesses than employees of other establishments.
(3)
Sexual acts, including masturbation, oral and anal
sex, occur at sexually oriented businesses, especially those which
provide private or semiprivate booths or cubicles for viewing films,
videos, or live sex shows, as regulated by this chapter as adult bookstores,
adult novelty shops, adult video stores, adult motion-picture theaters,
or adult arcades.
(4)
Offering and providing such space encourages such
activities, which create unhealthy conditions.
(5)
Persons frequent certain adult theaters, adult arcades,
and other sexually oriented businesses for the purpose of engaging
in sex within the premises of such sexually oriented businesses.
(6)
At least 50 communicable diseases may be spread by
activities occurring in sexually oriented businesses, including but
not limited to syphilis, gonorrhea, human immunodeficiency virus infection
(AIDS), genital herpes, hepatitis B, non B amebiasis, Salmonella infections
and Shigella infections, and the incidence of many of these diseases
is on the increase.
(7)
Sanitary conditions in some sexually oriented businesses
are unhealthy, in part, because the activities conducted there are
unhealthy and, in part, because of the unregulated nature of the activities
and the failure of the owners and the operators of the facilities
to self-regulate those activities and maintain those facilities.
(8)
Numerous studies and reports have determined that
semen is found in the areas of sexually oriented businesses where
persons view adult-oriented films.
(9)
Classifying adult businesses as special exceptions
is a reasonable means of accountability to ensure that operators of
adult businesses comply with reasonable regulations and conditions
and do not knowingly allow their establishments to be used as places
of illegal sexual activity or solicitation.
(10)
There is convincing documented evidence that
adult businesses, because of their very nature, have a deleterious
effect on both the existing businesses around them and the surrounding
residential areas adjacent to them, causing increased crime, the downgrading
of property values, and the decline of the overall character of the
community. A number of municipal studies, including the 1986 Austin,
Texas, study, have demonstrated this.
(11)
It is generally recognized that adult businesses,
due to their nature, have serious objectionable operational characteristics,
particularly when they are located in close proximity to each other,
thereby contributing to neighborhood blight and downgrading the quality
of life in the adjacent area. A number of municipal studies, including
the 1986 Austin, Texas, study, have demonstrated this.
(12)
The Borough desires to minimize and control
these adverse secondary effects and thereby protect the health, safety
and welfare of its citizens, protect the citizens from increased crime,
and preserve the quality of life, maintain property values, and the
character of the surrounding community.
B.
Intent. It is the intent of this § 215-42 to:
(1)
Regulate adult businesses in order to promote the
public health, safety and welfare by minimizing the secondary effects
on the community which are associated with such businesses, and which
include difficulties for law enforcement, trash disposal, deleterious
effects on business and residential property values, increased crime
(particularly prostitution and the corruption of morals of minors),
and drive residents and businesses to move elsewhere.
(2)
Designate a zoning district where adult businesses
are permitted and establish reasonable, content neutral standards
applicable to such uses.
(3)
Have neither the purpose nor effect of imposing a
limitation or restriction on the content of any communicative materials,
including sexually oriented or adult materials.
(4)
Not totally restrict or deny access by adults to sexually
oriented materials or adult materials protected by the First Amendment
of the Bill of Rights of the United States Constitution.
(5)
Not deny access by the distributors and exhibitors
of sexually oriented entertainment to their intended market.
(6)
Not condone or legitimize the distribution of obscene
material or encourage any violation of the Pennsylvania Crime Code
or Pennsylvania Obscenity Code.
C.
Special exceptions. Adult businesses are classified
as special exceptions in certain districts, which provides a suitable
area for the development of such uses away from areas designated for
residential development.
D.
Petition required. The applicant shall present to
the Zoning Hearing Board a petition which indicates approval of the
proposed use by 51% of the persons owning, residing or doing business
within a radius of 500 feet of the location of the proposed use. The
applicant shall have attempted to contact all eligible locations within
this radius and must supply a list of all addresses at which no contact
was made. The circulator of the petition shall subscribe to an affidavit
attesting to the fact that the circulator personally witnessed the
signatures on the petition and the same were affixed to the petition
by the persons whose names appear thereon.
E.
Standards. In addition to the other applicable general
standards in this chapter, the following standards shall apply to
adult businesses:
(1)
Setback. Adult businesses shall not be located less
than:
(a)
One hundred feet from any public road right-of-way or any property line unless the standards in Subsection E(1)(b) below require larger setbacks;
(b)
Five hundred feet from any:
[1]
Residence.
[2]
Group care facility.
[3]
Commercial enterprises catering primarily to
persons under 18 years of age.
[4]
Public or semipublic facility or use.
[Amended 12-2-2013 by Ord. No. 5-2013]
[5]
Public park or public recreation facility.
[6]
Health facility.
[7]
Any establishment that sells alcoholic beverages.
[8]
Church or synagogue.
[9]
Public or private school.
(2)
Similar businesses. Adult businesses shall not be
located within 1,000 lineal feet of any existing adult business.
(3)
Measurement. The setback distances established in this § 215-42E shall be as measured from the nearest edge of the building used for the subject use, measured in a straight line (without regard to intervening structures or objects) to the nearest lot line of the premises of a use from which the required setback applies.
(4)
Enlargement. An existing, lawful nonconforming adult business may be expanded as a special exception once in total floor area beyond the floor area that lawfully existed in such use at the date of adoption of this chapter, but only in accord with Article IX.
(5)
Limit of one use. It shall be a violation of this
chapter for any person to cause or permit the operation, establishment,
or maintenance of more than one adult business in the same building,
structure or portion thereof, or an increase of floor area of any
adult business in any building, structure, or portion thereof that
contains another adult business.
(6)
Nonconformity. Any adult business lawfully operating on the date of adoption of this chapter that is in violation of any of the provisions of this § 215-42 shall be deemed a nonconforming use. Such nonconforming uses shall not be increased, enlarged, altered or extended, except as permitted in Subsection E(4) above. The use may be changed to a conforming use. However, under no circumstances shall a nonconforming use as defined and regulated by this chapter be changed to any type of adult business.
(7)
Location of new neighboring uses. An adult business lawfully operating as a conforming use shall not be rendered a nonconforming use if, subsequent to the grant of a permit, a use from which an adult business is required to provide a setback under Subsection E(1) above is developed within the required setback distance. Any additions or expansions of the use shall comply with Subsection E(1) above.
(8)
Buffer. A buffer not less than 40 feet in width shall be provided on side and rear lot lines in accord with § 215-35B.
(9)
Visibility and signs. No sexually explicit material,
signs, display, silhouette or word, or materials or merchandise shall
be visible at any time from outside of the building. Exterior signs
shall comply with the sign provisions of this chapter; however, business
identification signs shall be limited to a maximum of 20 square feet
and signs attached to the building facade shall be limited to a maximum
total of 10 square feet. Content of such signs shall be limited to
only the text of the name of the business and the hours of operation.
(10)
Exemption for modeling class. It is a defense to prosecution under this § 215-42 that a person appearing in a state of nudity did so in a modeling class operated:
(a)
By a proprietary school, licensed by the Commonwealth
of Pennsylvania, or an academically accredited college or university;
(b)
By a private college or university which maintains
and operates educational programs in which credits are transferable
to a college, junior college or university supported entirely or partly
by taxation;
(c)
In a structure:
[1]
Which has no sign visible from the exterior
of the structure and no other advertising that indicates a nude person
is available for viewing;
[2]
Where, in order to participate in a class, a
student must enroll at least three days in advance of the class;
[3]
Where no more than one nude model is on the
premises at any one time; or
(d)
By an organization which qualifies under § 501(c)(3)
of the U.S. Internal Revenue Code as a nonprofit organization or foundation.
[1]
Editor's Note: Former § 215-43, Agricultural uses;
crop production and livestock operations, was repealed 12-2-2013 by
Ord. No. 5-2013.
In addition to all other applicable standards
of this chapter, amusement parks shall be subject to the following
standards:
A.
Parcel size. A minimum parcel of five acres shall
be required.
B.
Fencing. A fence not less than six feet in height
and of such design to restrict access shall completely surround the
amusement park.
C.
Structure height. No ride, structure or other amusement
attraction shall be located closer to any setback line than the height
of said ride, structure or amusement.
D.
Hours of operation. Hours of operation shall be limited
to the period between 9:00 a.m. and 11:00 p.m.
A.
Animal shelters, kennels and veterinary clinics with outdoor facilities.
In addition to all other applicable standards of this chapter, animal
shelters, kennels and veterinary clinics with outdoor facilities shall
be subject to the following standards.
[Amended 12-2-2013 by Ord. No. 5-2013]
(1)
Parcel size. A minimum parcel of five acres shall be required.
(3)
Noise barrier. A noise barrier consisting of a solid fence not less
than six feet in height or a dense vegetative planting of not less
than six feet in height shall be provided at a distance not to exceed
15 feet and fully encircling all kennel areas not enclosed in a building.
(4)
Hours outdoors. All animals shall be restricted from using kennel
areas not fully enclosed in a building from 8:00 p.m. to 8:00 a.m.
(5)
Nuisances. All animal and other wastes shall be stored in an area meeting the setbacks in Subsection A(2) above and shall be disposed of properly in accord with a plan submitted by the applicant for approval by the Borough. The facility shall not create any nuisance due to odor, noise, dust or other factor on any neighboring property.
B.
Stables, private. Private stables shall be prohibited
in the Borough.
C.
Stables, commercial and horses for hire. Commercial
stables shall be prohibited in the Borough.
D.
Zoos, menageries, and wild and exotic animals. Zoos,
menageries, and wild and exotic animals shall be prohibited in the
Borough.
E.
Livestock operations and the keeping of livestock. Livestock operations
and the keeping of livestock shall be prohibited in the Borough.
[Added 12-2-2013 by Ord.
No. 5-2013]
A.
In addition to all other applicable standards, bulk
fuel storage facilities shall be subject to the specific regulations
and requirements in this section and shall be permitted only in those
districts as specified in the Schedule of Uses.[1] The Borough shall establish such other conditions as increased
setbacks and construction of dikes as necessary to protect the public
health, safety, and welfare.
[1]
Editor's Note: Said schedule is an attachment
to this chapter.
B.
Parcel size. Bulk fuel storage facilities shall be
located on a tract of land not less than three acres in area.
C.
Setbacks. Storage tanks shall be located not less
than 150 feet from any property line or any road or street right-of-way
line and not less than 500 feet from any dwelling, school, place of
worship or other public or semipublic facility or use. Cylinder filling
rooms, pumps, compressors and truck-filling stations shall be located
not less than 200 feet from any property line and not less than 150
feet from any road or street right-of-way line.
[Amended 12-2-2013 by Ord. No. 5-2013]
D.
Fence. The total tank storage area shall be entirely
fenced with an eight-foot-high industrial-type security fence or have
an equivalent protection barrier approved by the Borough.
E.
Other regulations. Bulk fuel storage facilities shall
be developed in complete compliance with all applicable local, state,
federal and insurance regulations and requirements.
[Added 12-2-2013 by Ord.
No. 5-2013]
In addition to all other applicable requirements, the following
standards shall apply to bus shelters.
A.
Type allowed. Bus shelters shall be owned and maintained by the Pocono
Mountain School District or the Monroe County Transit Authority (MCTA).
Shelters with any other ownership shall be prohibited.
B.
Structure and size. A bus shelter shall be considered a structure
and shall not exceed 10 feet in height, 16 feet in width or eight
feet in depth.
C.
Road setback. The shelter shall be located at least 15 feet from
any public or private road cartway. The shelter shall be located so
that it will not impede any future maintenance procedures for the
cartway, shoulders or drainage facilities.
D.
School use. If the shelter is to be used by school children, a letter
from the transportation director of the Pocono Mountain School District
stating approval of the location and access facilities shall be provided.
E.
Signs. Signs on a bus shelter shall not be permitted except for official
school district or MCTA signs not exceeding a total surface area of
10% of the wall to which it is affixed.
[Added 12-2-2013 by Ord.
No. 5-2013]
A.
Gasoline pumps and other service appliances at convenience stores
may be located in the required front yard, but shall not be situated
closer than 30 feet to the road or street right-of-way line. Any aboveground
storage tanks shall not be placed in the front setback area.
B.
All other applicable standards shall also apply to convenience stores.
[Added 12-2-2013 by Ord.
No. 5-2013]
In addition to the performance standards in § 215-35 and all other applicable standards, the requirements of this § 215-47.2 shall apply to crematoriums and funeral homes with a crematorium:
A.
Compliance. The applicant shall provide a list of all applicable
state and federal regulations and documentation of compliance with
the same.
B.
Chimney. All emissions from a cremation furnace shall be vented through
a chimney. The chimney shall extend not less than two feet higher
than the highest point of the roof of the building containing the
crematorium. The chimney shall be covered or shrouded with material
safe for such use and which is compatible with the building housing
the crematorium and surrounding properties.
[Amended 12-2-2013 by Ord. No. 5-2013]
In addition to all other applicable standards,
correctional facilities shall be in strict conformity with the following
specific requirements and regulations and shall be permitted only
in those districts as specified in the Schedule of Uses.[1]
A.
Parcel size. In order to provide an adequate buffer
area for adjoining private property owners, the site shall contain
a minimum of five acres.
B.
Site design standards. The site shall be improved
in accordance with the following minimum requirements:
C.
Security. All applications for institutions shall
include a plan addressing security needs to protect the health and
safety of the public, as well as residents of the proposed facility.
Such plan shall include a description of the specific services to
be offered, types of residents to be served, and the staff to be employed
for this purpose. The plan shall identify the forms of security normally
required for the type of care to be offered and detail the specific
measures to be taken in the construction, development, and operation
of the facility so as to provide appropriate security. The plan shall,
at a minimum, reasonably restrict unauthorized entry and/or exit to
and from the property and provide for effective separation from adjoining
residences by means of fencing, signs, or a combination thereof. The
plan shall also address measures to ensure that lighting and noise
is controlled, particularly with respect to loudspeakers or other
amplification devices and floodlights.
D.
Accessory uses and ancillary activities. Accessory
uses permitted in conjunction with an institution shall include laboratories,
offices, snack bars, educational facilities and programs, vocational
training facilities and programs, recreational and sports facilities,
and other accessory uses ordinarily provided in conjunction with such
institutions.
[1]
Editor's Note: Said schedule is an attachment
to this chapter.
[Amended 12-2-2013 by Ord. No. 5-2013]
Gaming establishments shall be shall be permitted
only in those districts as specified in the Schedule of Uses[1] and, in addition to the standards in Article VII, § 215-111, and other applicable regulations, shall comply with the following requirements:
A.
Setbacks.
(1)
Such an establishment shall not be located less than
200 feet from any R-1, R-2 or R-3 District or any residence and not
less than 1,000 feet from any:
(a)
Group care facility.
(b)
Commercial enterprises catering primarily to
persons under 18 years of age.
(c)
Public or semipublic facility or use.
(d)
Public park or public recreation facility.
(e)
Health facility.
(f)
Any establishment that sells alcoholic beverages.
(g)
Church or synagogue.
(h)
Public or private school.
(2)
The distance between any such gaming establishment
and any of the protected land shall be measured in a straight line,
without regard to intervening structures, from the closest point of
the structure in which such establishment is located to the closest
point on the property line of such protected land use.
C.
Hours of operation. The gaming establishment shall
not be open for operation between the hours of 11:00 p.m. and 10:00
a.m.
D.
Nuisances. The gaming establishment shall ensure that
noise from the property shall not reach neighboring properties and
shall not permit loitering outside the establishment, and a litter
control plan shall be established, maintained and paid for by the
property owners to ensure that the property shall not become littered.
[1]
Editor's Note: Said schedule is an attachment
to this chapter.
In addition to the standards in Article VII, § 215-111, and other applicable regulations, junkyards shall comply with the following requirements:
A.
State regulations. All junkyards shall comply with
all state rules and regulations, and all state-required permit and
reporting information shall be made available to the Borough upon
request.
B.
Property owner responsibility. It shall be the ultimate
responsibility of the property owner of the premises upon which any
junk is situated and the owner of any such junk to comply with this
chapter and to provide for the removal of such junk and remediation
of any environmental problems associated with any junk.
C.
Operating standards. All proposed junkyards and expansions
of existing junkyards shall be established, maintained, and operated
in accord with the following standards:
(1)
Federal and state regulations. Any junkyard located
adjacent to a Federal Aid Highway shall comply with all regulations
of the Federal Highway Administration, and all junkyards shall meet
the licensing and screening requirements of the Commonwealth of Pennsylvania.
(2)
Fencing. All junkyards shall be completely enclosed
by a chain link fence not less than eight feet in height. All gates
shall be closed and locked when closed for business. All fences and
gates shall be maintained in good repair and in such a manner as not
to become unsightly. There shall be no advertising of any kind placed
on the fence. The foregoing fencing provisions shall be applicable
only to that portion of the premises being immediately used for the
storage of junk and shall not be applicable to the balance of the
property owned or used by said junkyard operator so long as said remaining
portion of land is not being used for the storage of junk as defined
in this chapter.
(3)
Screening. All junkyards shall be screened, to the
satisfaction of the Council, from any adjoining or neighboring property,
any public road right-of-way, or any other premises, and natural vegetative
cover shall be maintained in all required setback areas. Vegetative
plantings of sufficient height and density, berms, topography or fencing
of such design may be used to effect the required screening as determined
by the Council. All screening shall be maintained in such fashion
as to continue to provide the required screening.
(4)
Setbacks. The fence enclosing any junkyard and any
structures associated with the junkyard shall be located not less
than 100 feet from any public road right-of-way, 100 feet to any property
line or 150 feet from any principal residential or commercial structures
existing at the date of adoption of this chapter. The requirements
of this section shall not apply to junkyards existing prior to the
effective date of this chapter and which fully complied with prior
Borough regulations applicable to junkyards. However, the expansion
of any such existing junkyard into an area already not used for the
storage of junk shall comply with this section.
(5)
Dumping. The area used for a junkyard shall not be
used as a dump area for any solid waste as defined by this chapter.
(6)
Burning. No burning whatsoever shall be permitted
on the premises.
(7)
Water bodies. No junkyard shall be located less than
200 feet from any body of water, stream, wetland or well.
(8)
Hazardous materials. In cases where the junkyard includes
10 or more junk vehicles or where the Council deems it necessary to
meet the intent of this chapter, and to further protect groundwater
and surface water, all batteries, coolants, gasoline, diesel fuel,
engine oil, any other petroleum products and any other noxious or
potentially contaminating materials must be removed from all junk
within two working days after arrival to the premises and shall be
disposed of in a manner meeting all state and federal requirements.
Such liquids and materials, while stored on the premises, shall be
kept separately in leakproof containers at a central location on the
premises.
(9)
Water quality. In cases where the junkyard includes
10 or more junk vehicles or where the Council deems it necessary to
meet the intent of this chapter, the owner of any junkyard shall be
required to monitor the ground and surface water in the vicinity of
the junkyard. Water testing shall be conducted every three months
on any stream located on the premises or any stream within 500 feet
of any area used for the storage of junk if water drainage from the
junkyard area is to said stream. For each testing period two samples
shall be collected: one from the stream at a point upstream of the
junkyard drainage area and one from the stream at a point below the
junkyard drainage area. In addition, the well located on the premises
shall also be sampled every three months. The samples shall be collected
and analyzed by a certified water analysis laboratory for hydrocarbons
or other parameters deemed appropriate by the Council, and results
shall be provided to the Borough. If said samples exceed the limits
established by the Pennsylvania Department of Environmental Protection,
the junkyard shall cease operation until such time as the source of
the contamination has been identified and corrected.
(10)
Fire lanes. Fire lanes of a minimum width of
20 feet shall be maintained so that no area of junk shall span a distance
of more than 50 feet.
(11)
Hours of operation. Any activity associated
with the operation of the junkyard that produces any noise audible
beyond the property line shall be conducted only between the hours
of 7:00 a.m. and 8:00 p.m. During business hours, an adult attendant
shall, at all times, remain on the premises.
(12)
Stacking of junk. Junk vehicles or major parts
thereof shall not be stacked on top of any other junk vehicle or major
part. No junk shall be stacked or piled to a height of greater than
10 feet.
(13)
Nuisances. All premises shall, at all times,
be maintained so as not to constitute a nuisance, or a menace to the
health, safety, and welfare of the community or to the residents nearby,
or a place for the breeding of rodents and vermin. Within two days
of arrival on the premises, all glass shall be removed from any broken
windshield, window or mirror, and all trunk lids, appliance doors
and similar closure devices shall be removed. Grass and weeds on the
premises shall be kept mowed.
(14)
Waste. Waste shall not be stored outside and
shall not be accumulated or remain on any premises except temporarily
awaiting disposal in accord with this chapter. No junkyard shall be
operated or maintained in violation of any state or federal regulations
governing the disposal of any solid or liquid waste.
(15)
Fireproof structures. Every structure erected
upon the premises and used in connection therewith shall be of fireproof
construction.
A.
Findings. The primary minerals of importance extant
in the Borough are sand and gravel and quarry stone. The Pennsylvania
Municipalities Planning Code (MPC) clearly recognizes mineral extraction
as a lawful use. Along with other community effects, such uses can
have impacts on water supply sources and are governed by state statutes
that specify replacement and restoration of affected water supplies.
In addition, the MPC now severely limits the range of development
and operational standards which can be applied to mineral extraction
by local municipalities, with location standards the primary tool
available to the Borough. MPC Section 603(i) states that: "zoning
ordinances shall provide for the reasonable development of minerals
in each municipality." The MPC definition of minerals is: "Any aggregate
or mass of mineral matter, whether or not coherent. The term includes,
but is not limited to, limestone and dolomite, sand and gravel, rock
and stone, earth, fill, slag, iron ore, zinc ore, vermiculite and
clay, anthracite and bituminous coal, coal refuse, peat and crude
oil and natural gas." The MPC, at Section 603(b) allows zoning ordinances
to regulate mineral extraction, but only to the extent that such uses
are not regulated by the state Surface Mining Conservation and Reclamation
Act, the Noncoal Surface Mining Conservation and Reclamation Act,
and the Oil and Gas Act. These Acts regulate such things as setbacks,
dust, noise, blasting, water supply effects, and reclamation.
B.
Intent. The intent of this § 215-51 is to ensure the Borough is supplied with all necessary information for making an informed decision about the proposed mineral extraction and to establish the foundation for any conditions required to protect the public health, safety, and general welfare. In addition, location standards are included which are not addressed by the preemptive state statutes.
C.
Mineral processing a separate use. Any use which involves
the refinement of minerals by the removal of impurities, reduction
in size, transformation in state, or other means to specifications
for sale or use, and the use of minerals in any manufacturing process,
such as but not limited to concrete or cement batching plants, asphalt
plants and manufacture of concrete and clay products, shall be considered
mineral processing, a separate and distinct use regulated as manufacturing
by this chapter. This, however, shall not preclude the incidental
screening, washing, crushing and grading of materials originating
on the site as part of a mineral extraction operation.
D.
Location requirements. Mineral extraction shall comply
with all other applicable chapter requirements and the following additional
location requirements:
(1)
Parcel size. The minimum parcel size shall be 10 acres
for mineral extraction.
(2)
Property line setback, zoning district setback and buffer. A setback of 100 feet shall be maintained between any mineral extraction operation and adjoining properties and public road rights-of-way. These setback areas shall be undisturbed to provide a buffer and shall not be used for parking, storage or any other purpose except landscaping and crossing of access roads. In determining the type and extent of the buffer required, the Borough shall take into consideration the design of the project structure(s) and site, topographic features which may provide natural buffering, existing natural vegetation, and the relationship of the proposed project to adjoining areas. If required, the landscaped buffer may be installed in the setback area and shall consist of trees, shrubbery and other vegetation and be a minimum of twenty-five-feet wide. Design details of buffers shall be included on the site plan, and buffers shall be considered improvements for the purposes of guaranteeing installation in accord with the requirements for land developments in Chapter 187, Subdivision and Land Development. It shall be the responsibility of the property owner to maintain all buffers in good condition, free of rubbish, and replace any dying or dead plants or deteriorating landscape material.
(3)
State road access. Mineral extraction operations shall
be permitted only on sites using access to a state road.
E.
Local, state and federal regulations. Mineral extraction
operations shall comply with all applicable local, state and federal
laws and rules and regulations. No zoning permit shall be issued until
such time as the applicant provides evidence of compliance with state
and federal regulations. Applicable laws and rules and regulations
include, but are not limited to, the Noncoal Surface Mining Conservation
and Reclamation Act and the Clean Streams Law.
F.
Information requirements. The applicant shall, at a minimum, provide the information required by this chapter and the information required for land developments in Chapter 187, Subdivision and Land Development. In addition the applicant shall submit all other information required to enable the Borough to assess the environmental, community and other public health, safety, and welfare effects of the proposed operation. The findings of the Borough based on this information shall serve as a basis for the establishment of conditions of approval.
(1)
DEP application information. The applicant shall provide a copy of all applications and information required by the applicable DEP rules and regulations. However, applicants proposing mineral extraction operations qualifying as small noncoal operations under DEP regulations shall provide all information required by Chapter 77, Noncoal Mining, of the DEP Rules and Regulations, for operations which are not considered small noncoal operations.
(2)
Surface and groundwater protection, traffic impact study and environmental impact statement. The Borough shall require for mineral extraction that the applicant submit details about ground and surface water protection (see § 215-35M), an environmental impact statement (see § 215-38), and a traffic impact study (see § 215-41).
G.
Reporting requirements. For any mineral extraction
operation approved by the Borough, the operator shall submit to the
Borough copies of all DEP-required or DEP-issued documents and reports
associated with the operation within 15 days of the date of the document
or report.
[Added 6-21-2010 by Ord. No. 3-2010]
This § 215-51.1 shall not apply to events conducted by nonprofit or community-based organizations, the benefits of which are for the direct benefit of the organization or other nonprofit or community organization or purpose.
A.
Definition.
Outdoor sales/promotions of food, merchandise or services shall include
any such use which is conducted in the open air or from any trailer,
cart, platform, tent, shed or other temporary structure.
B.
Prohibition;
exceptions. The outdoor sales/promotions of food, merchandise or services
shall not be permitted except:
(1)
As part of a temporary special sale/promotion permitted in accord with § 215-21G(3)(d).
(2)
When using a permanent accessory structure (e.g., in a pavilion or on a deck) approved as part of the principal use in accord with the performance standards in § 215-35 and all other applicable provisions of this chapter.
(3)
As part of an outdoor sales or storage area approved in accord with § 215-35D and other applicable requirements of this chapter.
(4)
Farmers' market. The seasonal selling or offering for sale at retail
of vegetables or produce, flowers, orchard products, and similar nonanimal
products, sponsored by the Borough or community-based organization
(i.e., Mount Pocono Farmers Market Association) and occurring in a
predesignated area, where the vendors are individuals who have raised
the vegetables or produce. The market may also include the sale of
home-produced crafts, such as wearing apparel, home decorations, jewelry,
toys, furniture, leather goods, dried flowers or similar items which
are produced by the vendor.
Self-storage facilities shall comply with the
following standards in addition to all other applicable standards
of this chapter.
A.
Bulk requirements. Minimum lot size, lot width and
yards, and maximum lot coverage and building height shall conform
to deistrict standards. Minimum distance between buildings shall be
20 feet.
B.
Setback areas. There shall be no storage, use or structure
within the setback area, with the exception of the access drive(s).
C.
Fence. If a fence is proposed or required, the fence
shall not exceed eight feet in height and shall be located between
the warehouse and any required vegetative screening.
D.
Storage limitations. No storage unit shall be used
for any other purpose except storage and shall not be used for any
other type of commercial or manufacturing activity. No material, supplies,
equipment or goods of any kind shall be stored outside of the warehouse
structure, with the exception of the vehicles required for the operation
of the warehouse and boats and recreational vehicles and trailers.
E.
Lighting. All facilities shall be provided with adequate
outdoor lighting for security purposes, and such lighting shall be
so directed as to prevent glare on adjoining properties.
F.
Fire; water damage. All storage units shall be fire-resistant
and water-resistant.
G.
Materials stored. All self-storage facility proposals shall include detailed information on the nature and quantity of materials to be stored on the premises, and no hazardous materials shall be permitted. Proposed space rental agreements shall be submitted with the conditional use application and shall provide specific rules and regulations to ensure that the requirements of this § 215-52 are or will be satisfied.
H.
Habitation. No storage unit shall be used for habitation
or residential purposes, and individual mini-warehouse units shall
not be served by a water supply or a sewage disposal system.
[Added 12-2-2013 by Ord.
No. 5-2013]
In addition to all other applicable standards in this chapter,
the following regulations shall apply to commercial solar power generation
facilities which shall be permitted only in the districts as provided
by the Schedule of Uses.[1]
A.
Purposes: to accommodate the need for solar power facilities while
regulating their location and number in the Borough in recognition
of the need to protect the public health, safety and welfare.
B.
Permits; use regulations.
(1)
Permits. A permit shall be required for every solar power facility
installed in the Borough.
(2)
Associated use. All other uses ancillary to the solar power
facility (including a business office, maintenance depot, etc.) greater
than 1,000 square feet are prohibited from the solar power facility,
unless otherwise permitted in the zoning district in which the solar
power facility is located. This shall not prohibit the installation
as accessory structures of equipment containers not intended for human
occupancy to house only equipment necessary for the operation of the
solar power facility.
(3)
Solar power facility as a second principal use. A solar power
facility shall be permitted on a property with an existing use subject
to the following land development standards:
(a)
The minimum lot area, minimum setbacks and maximum height required
by this chapter for the solar power facility shall apply, and the
land remaining for accommodation of the existing principal use(s)
on the lot shall also continue to comply with the minimum lot area,
density and other requirements.
(b)
The vehicular access to the equipment building shall, whenever
feasible, be provided along the circulation driveways of the existing
use.
(c)
The applicant shall present documentation that the owner of
the property has granted an easement or other legal interest for the
land for the proposed solar power facility and that vehicular access
is provided to the solar power facility.
C.
Standards and design.
(1)
Height. Solar collectors shall not exceed the principal structure
height limitations for the underlying zoning district.
(2)
Parcel size; setbacks; lot coverage.
(a)
The parcel shall be of such size that all required setbacks
are satisfied.
(b)
The setback for solar collectors, all structures, equipment
containers and any associated mechanical facilities shall be 100 feet
from property lines.
(c)
The maximum lot coverage shall be 75% and the area of the solar
collectors shall be included in the calculation of lot coverage.
(3)
Fencing. A fence may be required around the facility or portions
of the facility for safety reasons.
(4)
Landscaping. Landscaping may be required to screen as much of
the solar power facility ground features as possible, the fence surrounding
the support structure, and any other ground level features (such as
a building), and in general buffer the solar power facility ground
features from neighboring properties. The Borough may permit any combination
of existing vegetation, topography, walls, decorative fences or other
features instead of landscaping, if the same achieves the same degree
of screening as the required landscaping.
(5)
Licenses; other regulations; insurance. The applicant shall
demonstrate that it has obtained the required licenses from governing
state and federal agencies, and agreement from the local electric
utility. The applicant shall also document compliance with all applicable
state and federal regulations. The applicant shall submit the name,
address and emergency telephone number for the operator of the solar
power facility and a certificate of insurance evidencing general liability
coverage in the minimum amount of $1,000,000 per occurrence and property
damage coverage in the minimum amount of $1,000,000 per occurrence
covering the solar power facility.
(6)
Access; required parking. Access to the solar power facility
shall be provided by means of a public street or easement to a public
street. The easement shall be a minimum of 20 feet in width and shall
be improved to a width of at least 10 feet with a gravel or better
surface for its entire length. If the solar power facility site is
fully automated, adequate parking shall be required for maintenance
workers. If the site is not automated, the number of required parking
spaces shall equal the number of people on the largest shift.
(7)
Communications interference. The applicant shall document that
the radio, television, telephone or reception of similar signals for
nearby properties shall not be disturbed or diminished, and this may
be accomplished by remedial measures instituted by the solar power
facility developer.
(8)
Glare. The applicant shall provide details about anticipated
glare from the facility, including the time of day, time of year and
direction of peak glare periods and document how potential nuisances
to area properties and on public roads shall be controlled.
(9)
Historic structures. A solar power facility shall not be located
within 500 feet of any structure listed on any public historic register.
(10)
Standards; certification. The design of the solar power facility
shall conform to applicable industry standards, including those of
the American National Standards Institute. The applicant shall submit
certificates of design compliance obtained by the equipment manufacturers
from Underwriters Laboratories or other similar certifying organizations.
The operator shall repair, maintain and replace the solar collectors
and associated equipment in like manner as needed to keep the facility
in good repair and operating condition.
(11)
Uniform Construction Code. To the extent applicable, the solar
power facility shall comply with the Pennsylvania Uniform Construction
Code.
(12)
Electrical components. All electrical components of the solar
power facility shall conform to relevant and applicable local, state
and national codes, and relevant and applicable international standards.
(13)
Warnings. A clearly visible warning sign concerning voltage
shall be placed at the base of all pad-mounted transformers and substations.
Visible, reflective, colored objects, such as flags, reflectors, or
tape shall be placed on the anchor points of guy wires and along the
guy wires up to a height of 10 feet from the ground.
(14)
Signs. No advertising material or signs other than warning,
manufacturer and equipment information or indication of ownership
shall be allowed on any equipment or structures.
(15)
Transmission and power lines. On-site transmission and power
lines shall, to the greatest extent possible, be placed underground.
(16)
Stray voltage/electromagnetic fields (EMF). The operator shall
use good industry practices to minimize the impact, if any, of stray
voltage and/or EMF.
(17)
Emergency services. The applicant shall provide details about
any fire suppression system installed in any accessory structure or
equipment container associated with the solar power facility. Upon
request, the applicant shall cooperate with emergency services to
develop and coordinate implementation of an emergency response plan
for the solar power facility.
(18)
Site plan. A full site plan shall be required for all solar
power facility sites, showing the solar power facility, fencing, screening,
buffers, access, and all other items required by this chapter.
D.
Public inquiries and complaints. The solar power facility owner and
operator shall maintain a phone number and identify a responsible
person for the public to contact with inquiries and complaints throughout
the life of the project, and the solar power facility owner and operator
shall make reasonable efforts to respond to the public's inquiries
and complaints.
E.
Decommissioning.
(1)
Time limit. The solar power facility owner and operator shall,
at its own expense, complete decommissioning of the solar power facility,
or individual components, within 12 months after the end of the useful
life of the solar power facility or individual components. The solar
power facility or individual components shall be presumed to be at
the end of its useful life if no electricity is generated for a continuous
period of 12 months.
(2)
Depth requirement. Decommissioning shall include removal of
collectors, buildings, cabling, electrical components, roads, foundations
to a depth of 36 inches, and any other associated facilities.
(3)
Disturbed earth. Disturbed earth shall be graded and reseeded,
unless the landowner requests, in writing, that the access roads or
other land surface areas not be restored.
(4)
Professional engineer. An independent and certified professional
engineer shall be retained to estimate the total cost of decommissioning
(decommissioning costs) without regard to salvage value of the equipment,
and the cost of decommissioning net salvage value of the equipment
(net decommissioning costs). Said estimates shall be submitted to
the Borough after the first year of operation and every fifth year
thereafter.
(5)
Financial security bond. The solar power facility owner or operator,
prior to the issuance of a zoning permit, shall provide a financial
security bond with the Borough as payee in an amount approved by the
Borough Council, but not less than $50,000, from a company and in
a form and content acceptable to the Borough Council, to insure the
decommissioning within 180 days of the expiration of the license or
lease and/or cessation of use. The bond shall remain in place for
as long as the facilities exist at the site.
(6)
Funds. Decommissioning funds may be in the form of a performance
bond, surety bond, letter of credit, corporate guarantee or other
form of financial assurance as may be acceptable to the Borough.
(7)
Landowner responsibility. If the solar power facility owner
or operator fails to complete decommissioning within the prescribed
time period, then the landowner shall have 180 days to complete decommissioning.
(8)
Borough intervention. If neither the solar power facility owner
or operator nor the landowner complete decommissioning within the
prescribed periods, then the Borough may take such measures as necessary
to complete decommissioning. The entry into the record and submission
of evidence of a participating landowner agreement to the Borough
shall constitute agreement and consent of the parties to the agreement,
their respective heirs, successors and assigns that the Borough may
take such action as necessary to implement the decommissioning plan.
(9)
Release of decommissioning funds. The escrow agent shall release
the decommissioning funds when the solar power facility owner or operator
has demonstrated and the Borough concurs that decommissioning has
been satisfactorily completed, or upon written approval of the Borough
in order to implement the decommissioning plan.
[1]
Editor's Note: Said schedule is included as an attachment
to this chapter.
A.
Solid waste facilities, including transfer stations,
and staging areas, herein referred to as facilities, shall be permitted
only in those districts as specified in the Schedule of Uses,[1] and shall, in addition to the other applicable standards in this chapter, be subject to all applicable state and federal regulations and the requirements of this § 215-53.
[1]
Editor's Note: Said schedule is an attachment
to this chapter.
C.
Yards. No part of any facility created after the effective date of this chapter shall be located closer than 300 feet to an existing public right-of-way, property line or stream. The yard areas shall remain unoccupied with no improvements except required fencing and access road(s). A buffer not less than 50 feet in width shall be provided in all yards in accord with § 215-35 of this chapter. Additional buffers and setbacks may be required in accord with this chapter.
D.
Fencing. All facilities shall be completely enclosed
by a chain link fence not less than 10 feet in height. All gates shall
be closed and locked when closed for business. The fence and gate
shall be maintained in such a manner as not to become unsightly. There
shall be no advertising of any kind placed on the fence.
E.
Environmental impact statement. As part of the review process, the Borough may require the applicant to prepare and submit an environmental impact statement pursuant to § 215-37 of this chapter.
F.
Storage and loading/unloading. Storage of materials,
supplies or solid waste in motor vehicles, truck trailers or other
containers normally used to transport materials shall not be permitted.
Any solid waste stored for more than three hours shall be stored in
an enclosed building. For any facility other than a sanitary landfill,
all transfer, loading and unloading of solid waste shall only occur
within an enclosed building and over an impervious surface which drains
into a holding tank that is then adequately treated.
G.
Effluent treatment. The facility shall provide for
treatment and disposal for all liquid effluent and discharges generated
by the facility due to the storage, loading or unloading, transfer,
container or vehicle washing, or other activity undertaken in processing
or transporting the solid waste. All such activities shall be conducted
only over an impervious surface and all drainage shall be collected
for treatment. Any water discharge from the facility after being treated
by the wastewater treatment system shall meet all applicable PA DEP
and Municipal Authority requirements.
H.
Dangerous materials. No radioactive, hazardous, chemotherapeutic
or infectious materials may be disposed of or stored or processed
in any way, except for types and amounts of hazardous substances customarily
kept in a commercial business for on-site use. Infectious materials
are defined as medical wastes used or created in the treatment of
persons or animals with seriously contagious diseases.
I.
Water quality. The owner of any facility shall be
required to monitor the ground and surface water in the vicinity of
the facility. Water testing shall be conducted every three months
on any stream located on the premises or any stream within 500 feet
of any area used for the storage or disposal of solid waste if water
drainage from the facility is to said stream. For each testing period
two samples shall be collected: one from the stream at a point upstream
of the solid waste disposal facility drainage area and one from the
stream at a point below the facility drainage area. In addition, the
well located on the premises shall also be sampled every three months.
The samples shall be collected and analyzed by a certified water analysis
laboratory for hydrocarbons or other parameters deemed appropriate
by the Borough, and results shall be provided to the Borough. If said
samples exceed the limits established by the PA DEP, the facility
shall cease operation until such time as the source of the contamination
has been identified and corrected.
J.
Emergency access. The operator of the facility shall
cooperate fully with local emergency services. This shall include
allowing practice exercises on the site and the provision of all information
needed by the emergency services to determine potential hazards. Adequate
means of emergency access shall be provided.
K.
Hours of operation. Under the authority granted to
the Borough under State Act 101 of 1988, all such uses shall be permitted
to operate only between the hours of 7:00 a.m. to 7:00 p.m. and are
not permitted to operate on Sundays, Christmas Eve Day, Christmas
Day, New Year's Day, 4th of July, Labor Day, Memorial Day or Thanksgiving
Day. All deliveries of solid waste shall be made during the hours
between 7:00 a.m. to 5:00 p.m. and not on Sundays or the above-specified
holidays.
L.
Nuisances. Any facility shall be operated in such
a manner to prevent the attraction, harborage or breeding of insects,
rodents or vectors. The applicant shall prove to the satisfaction
of the Council that the use would not routinely create noxious odors
off the tract. The operator shall regularly police the area of the
facility and surrounding street to collect litter that may escape
from the facility or truck. The applicant shall provide documentation
to the satisfaction of the Borough that the proposed facility shall
operate in such a manner as to not create a general nuisance, endanger
the public health, safety, and welfare or inhibit the public's use
or enjoyment of its property.
M.
Attendant and inspections. An attendant shall be present
during all periods of operation or dumping. The applicant shall, if
granted a conditional use permit, allow access at any time to the
facility for inspection by appropriate Borough officials and provide
the Borough with the name and phone number of a responsible person(s)
to be contacted at any time in the event of an inspection.
N.
State and federal regulations and reporting. The operation and day-to-day maintenance of the facility shall comply with all applicable state and federal regulations as a condition of the continuance of any permit of the Borough. Violations of this condition shall also be considered to be violations of this chapter. All solid waste transfer facilities (as defined by this chapter) shall be subject to all requirements of 25 PA Code Chapter 279 (as amended), Transfer Facilities, regardless of whether a permit pursuant to said requirement is required. Where a difference exists between applicable state regulations and Borough regulations, it is intended for the purposes of this § 215-53 that the more stringent requirements shall apply. A copy of all written materials and plans that are submitted to PA DEP by the applicant shall be concurrently submitted to the Zoning Officer.
The intent of this section is to provide standards for access to public roads and setbacks for storage yards for forest products and minerals. (See definition of "storage yard for forest products and minerals" in Article III.)
A.
Access to public roads.
(1)
Highway occupancy permit. Access roads to Borough
and state roads shall be in accord with a valid highway occupancy
permit.
(2)
Stabilization. The access road shall be adequately
stabilized with stone, shale or other material to minimize soil erosion
and the tracking of mud onto the public road.
(3)
Weight limitations. All operations shall comply with
all posted weight limits and road bonding regulations.
(4)
Use of public roads. Felling or skidding on or across
any public road shall be prohibited without the express written authorization
of the Borough or the Pennsylvania Department of Transportation, as
applicable.
(5)
Road ditches. Ditches on the public road shall be
cleaned and graded as necessary to be maintained to pre-harvest condition.
B.
Setbacks.
(1)
Residential and nonresidential buildings. Storage
yards shall not be less than 300 feet from any existing residential,
commercial, institutional, public or semipublic facility, other than
such building located on the property on which the landing is located.
[Amended 12-2-2013 by Ord. No. 5-2013]
(2)
Property lines. Storage yards shall not be less than
50 feet from any property line other than a property line along a
public road right-of-way.
(3)
Public roads. Storage yards shall not be less than
50 feet from any public road right-of-way.
(4)
Streams, water bodies and wetlands. Storage yards
shall not be less than 100 feet from any stream, water body or wetland.
(5)
Slope. Storage yards shall be located on gently sloping
ground that will provide good drainage. Low spots and poorly drained
places shall be avoided.
Commercial swimming pools shall, in addition
to all other applicable requirements of this chapter, comply with
the following standards:
A.
Setback. The water surface shall be not less than
50 feet from any lot line.
B.
Parcel size. The minimum lot area shall be two acres.
C.
Enclosure. A fence, wall or other enclosure not less
than six feet high and of a design to restrict access shall completely
surround the area of the swimming pool. This enclosure shall be designed
to be difficult for children to climb or slip through. All gates or
door openings through such enclosure shall be self-closing and include
a self-latching device on the pool side for keeping the gate or door
securely closed when the pool is not in use.
D.
Access. Access to all pools shall be restricted when
the pool is not in use.
[1]
Editor's Note: Former § 215-56, Treatment centers/clinics,
medical offices, and health facilities, was repealed 12-2-2013 by
Ord. No. 5-2013.
Vehicle-related uses shall, in addition to all
other applicable standards, comply with the following standards:
A.
Car and truck wash facilities. All car and truck wash
facilities shall be subject to the following specific regulations
and requirements:
(1)
The principal building housing the said facility shall
be set back a minimum of 60 feet from the road or street right-of-way
line and 30 feet from the side or rear property lines.
(2)
Appropriate facilities for the handling of wastewater
from the washing activities shall be provided, including the prevention
of water being dripped onto the adjoining road or street from freshly
washed vehicles during periods of freezing weather.
(3)
The facility shall have adequate means of ingress
and egress to prevent adverse effects to either vehicular or pedestrian
traffic. When a wash facility occupies a corner lot, the access driveways
shall be located at least 75 feet from the intersections of the front
and side street right-of-way lines.
(4)
The site shall be sufficiently large to accommodate
vehicles awaiting washing during peak periods, but in no case shall
the waiting area for each stall accommodate less than three vehicles.
(5)
Any facility located within 200 feet of any residential
district shall not operate between the hours of 9:00 p.m. and 7:00
a.m.
B.
Gasoline service stations and vehicle or equipment
repair operations. All gasoline service stations and vehicle or equipment
repair operations shall be subject to the following specific regulations
and requirements:
(1)
The principal building housing the operation shall
be set back a minimum of 60 feet from the road or street right-of-way
line and 30 feet from the side or rear property lines.
(2)
All service and repair activities shall be conducted
within a completely enclosed building where adequate measures shall
be taken to minimize motor noise, fumes, and glare; except that minor
servicing such as changing tires, sale of gasoline or oil, windshield
washing and other similar normal activities may be conducted outside
the said building.
(3)
Only vehicles with current licenses and current registrations
waiting to be repaired or serviced or waiting to be picked up by the
vehicle owner may be stored outdoors. If a legitimate service station
stores more than four vehicles per service stall outdoors, it shall
comply with the junkyard regulations set forth in this chapter. Proof
of current license and current registration or ownership of any vehicle
will be required upon demand by the Zoning Officer.
(4)
No area on the lot which is required for the movement
of vehicles in and about the buildings and facilities shall be used
for complying with the off-street parking requirements of this chapter.
(5)
All new or used tires and parts shall be stored within
a completely enclosed building or an area contained by a solid fence
to provide screening. Used tires and parts shall not be stored on
the premises in excess of what would normally accumulate in a week
of normal operation.
(6)
Gasoline pumps and other service appliances may be
located in the required front yard but shall not be situated closer
than 30 feet from the road or street right-of-way line. Any aboveground
storage tanks shall not be placed in the front setback area.
(7)
No vehicles shall be stored in any required setback
areas.
(8)
Any operation which is primarily intended to serve
trucks with three or more axles or tractor-trailer trucks shall have
a minimum lot area of two acres, and all areas for fueling and servicing
shall be not less than 100 feet from any R-1, R-1 or R-3 District.
(9)
All major repair, welding, auto body, painting and
similar work shall be performed within a building with a fume collection
and ventilation system that directs noxious fumes away from any adjacent
buildings. All such systems shall meet all required state and federal
health and safety standards.
C.
Vehicle or equipment sales operations. All vehicle
or equipment display and sales operations of new and used automobiles,
trucks, motorcycles, mobile homes, recreation vehicles, boats, travel
trailers, and other vehicles and equipment shall be subject to the
following specific requirements:
(1)
All principal and accessory buildings and structures
shall be in accord with the yard setback, building height and lot
coverage requirements of the district.
(2)
The outdoor display of new and used cars, trucks,
motorcycles, mobile homes, recreation vehicles and travel trailers
shall meet the appropriate front, side and rear setback requirements
for that district.
(3)
Activities which are normally accessory to such sales operations, such as engine tune up and repairs, body repairs, painting, undercoating, and other similar activities shall be conducted in accord with the applicable standards in § 215-57B.
(4)
Except for vehicles displayed for sale, only vehicles
with current licenses and current registrations waiting to be repaired
or serviced or waiting to be picked up by the vehicle owner may be
stored outdoors. If a legitimate service station stores more than
four vehicles per service stall outdoors, it shall comply with the
junkyard regulations set forth in this chapter. Proof of current license
and current registration or ownership of any vehicle will be required
upon demand by the Zoning Officer.
(5)
No area on the lot which is required for the movement
of vehicles in and about the buildings and facilities shall be used
for complying with the off-street parking requirements of this chapter.
(6)
All new or used tires and parts shall be stored within
a completely enclosed building or area contained by a solid fence
to provide screening. Piles or stacks of tires or other materials
in exterior areas shall be prohibited at all times.
(7)
No vehicles shall be stored in any required setback
areas.
D.
Racetracks. All racetracks for motor-driven vehicles,
including but not limited to automobiles, trucks, go-carts, motorcycles,
motor scooters, dune buggies, watercraft, and the like, shall be located
not less than 1,000 feet from any R-1, R-2 or R-3 District, and the
track/course shall not be less than 500 feet from any property line
or public road right-of-way.
[Amended 12-2-2013 by Ord. No. 5-2013]
In addition to all other applicable standards
in this chapter, the following regulations shall apply to wind energy
facilities:
A.
Purposes:
(1)
To accommodate the need for wind energy facilities
while regulating their location and number in the Borough in recognition
of the need to protect the public health, safety, and welfare.
(2)
To avoid potential damage to adjacent properties from
windmill structure failure and falling ice, through engineering and
proper siting of such structures.
B.
Permits; use regulations.
(1)
Permits. A permit shall be required for every wind
energy facility and windmill installed at any location in the Borough.
(2)
Associated use. All other uses ancillary to the wind
energy facility (including a business office, maintenance depot, etc.,
greater than 1,000 square feet) are prohibited from the wind energy
facility, unless otherwise permitted in the district in which the
wind energy facility is located. This shall not prohibit the installation,
as accessory structures, of equipment containers not intended for
human occupancy to house only equipment necessary for the operation
of the wind energy facility.
(3)
Wind energy facility as a second principal use. A
wind energy facility shall be permitted on a property with an existing
use subject to the following land development standards:
(a)
The minimum lot area, minimum setbacks and maximum
height required by this chapter for the wind energy facility and windmills
shall apply, and the land remaining for accommodation of the existing
principal use(s) on the lot shall also continue to comply with the
minimum lot area, density and other requirements.
(b)
The vehicular access to the equipment building
shall, whenever feasible, be provided along the circulation driveways
of the existing use.
(c)
The applicant shall present documentation that
the owner of the property has granted an easement or other legal interest
for the land for the proposed facility and that vehicular access is
provided to the facility.
C.
Standards.
(1)
Wind energy facility height. The applicant shall demonstrate
that the windmills are at the minimum height required to function
satisfactorily. No windmill that is taller than this minimum height
shall be approved.
(2)
Parcel size; setbacks.
(a)
Separate parcel. If the parcel on which the
wind energy facility is located is a separate and distinct parcel,
the district minimum lot size shall apply, and in all cases, the lot
shall be of such size that all required setbacks are satisfied. No
windmill shall be located closer to any property line than its height
plus the normal setback for the district. The setback for equipment
containers, other accessory structures, and guy-wire anchors shall
be a minimum of 30 feet.
(b)
Lease, license or easement. If the land on which
the wind energy facility is leased or is used by license or easement,
the setback for any windmill, the support structure, equipment containers,
other accessory structures, and guy-wire anchors shall be a minimum
of 30 feet from the line of lease, license or easement. In any case,
no windmill shall be located closer to any property line (not lease,
license or easement line) than its height plus the normal setback
for the district.
(c)
Principal structures. No windmill shall be located
less than 500 feet from any principal residential structure existing
prior to the erection of the windmill.
(3)
Wind energy facility support structure safety. The
applicant shall demonstrate that the proposed windmills are safe and
the surrounding areas will not be negatively affected by structure
failure, falling ice or other debris, electromagnetic fields, or radio
frequency interference. All windmills shall be fitted with anticlimbing
devices, as approved by manufacturers. The applicant shall submit
certification from a Pennsylvania-registered professional engineer
that a proposed wind energy facility and support structure will be
designed and constructed in accord with accepted engineering practices
and all requirements of any applicable construction code. Within 45
days of initial operation, the owner and/or operator of the wind energy
facility shall provide a certification from a Pennsylvania-registered
professional engineer that the wind energy facility and all structures
comply with all applicable regulations.
(4)
Fencing. A fence may be required around windmills
and other equipment, unless the design of the structures adequately
provides for safety.
(5)
Landscaping. Landscaping may be required to screen
as much of the wind energy facility ground features as possible, the
fence surrounding the support structure, any other ground-level features
(such as a building), and, in general, buffer the wind energy facility's
ground features from neighboring properties. The Borough may permit
any combination of existing vegetation, topography, walls, decorative
fences or other features instead of landscaping if they achieve the
same degree of screening as the required landscaping.
(6)
Licenses; other regulations; insurance. The applicant
shall demonstrate that it has obtained the required licenses from
governing state and federal agencies. The applicant shall also document
compliance with all applicable state and federal regulations. The
applicant shall also submit the name, address and emergency telephone
number for the operator of the wind energy facility and a certificate
of insurance evidencing general liability coverage in the minimum
amount of $1,000,000 per occurrence and property damage coverage in
the minimum amount of $1,000,000 per occurrence, covering the wind
energy facility.
(7)
Access. Access to the wind energy facility shall be provided by means
of a public street or easement to a public street. The easement shall
be a minimum of 20 feet in width and shall be improved to a width
of at least 10 feet with a dust-free, all-weather surface for its
entire length.
(8)
Color and lighting; FAA and PennDOT notice. Windmills
shall comply with all applicable Federal Aviation Administration (FAA)
and PennDOT Bureau of Aviation regulations. No windmill may be artificially
lighted, except as required by FAA requirements. The applicant shall
provide a copy of the response to the notice of proposed construction
or alteration forms submitted to the FAA and PennDOT Bureau of Aviation.
(9)
Communications interference. The applicant shall document
that the radio, television, telephone or reception of similar signals
for nearby properties will not be disturbed or diminished, and this
may be accomplished by remedial measures instituted by the wind energy
facility developer.
(10)
Historic structures. A wind energy facility
shall not be located within 500 feet of any structure listed on a
historic register.
(11)
Discontinued use. If any wind energy facility
or windmill ceases to be used, the owner or operator or the owner
of the land on which the wind energy facility or windmill is located
shall be required to remove the same within one year from the abandonment
of use. Failure to do so shall authorize the Borough to remove the
facility and assess the cost of removal to the foregoing parties.
The Borough may also file a municipal lien against the land to recover
the costs of removal and attorney's fees. In addition, at the time
of zoning permit issuance for any windmill, the Borough shall require
a financial guarantee, in a term, form and amount determined by the
Council with the advice of the Borough Solicitor, to guarantee the
removal of the wind energy facility or windmill.
(12)
Site plan. A full site plan shall be required
for all wind energy facility sites, showing the wind energy facility,
windmills, building, fencing, buffering, access, and all other items
required by this chapter.
[Amended 3-6-2017 by Ord.
No. 2-2017[1]]
In addition to all other applicable standards of this chapter,
the following regulations shall apply to wireless communications facilities
(WCF) including, but not limited to, cellular phone antennas, antennas
for communication service regulated by the Pennsylvania Public Utility
Commission, and other commercial antennas and associated facilities.
A.
Purposes:
(1)
To accommodate the need for communication facilities while regulating
their location and number in the Borough in recognition of the need
to protect the public health, safety and welfare.
(2)
To minimize the adverse visual effects of communication facilities
and support structures through proper design, siting and vegetative
screening.
(3)
To avoid potential damage to adjacent properties from communication
facility support structure failure and falling ice, through engineering
and proper siting of support structures.
(4)
To encourage the joint use of any wireless communication facility
support structures and to reduce the number of such structures needed
in the future.
B.
Permits; use regulations. A permit shall be required for every WCF
and support structure installed at any location, whether in or out
of a right-of-way, and the following use regulations shall apply:
(1)
Existing tall structures. A WCF site with a WCF that is attached
to an existing communications tower, smokestack, water tower, other
tall structure or a building not less than 35 feet in height and where
the height of the WCF does not exceed the height of the existing structure
by more than 20 feet shall be permitted in all districts as an accessory
use and special exception approval shall not be required. A WCF on
a single-family or two-family dwelling and on utility poles in R-1,
R-2 and R-3 Districts shall not be permitted. Any subsequent installations
above the initial twenty-foot height increase shall be prohibited.
The applicant shall provide the following information:
(a)
Evidence from a Pennsylvania-registered professional engineer
certifying that the proposed installation will not exceed the structural
capacity of the building or other structure, considering wind and
other loads associated with the antenna location.
(b)
Detailed construction and elevation drawings indicating how
the antennas will be mounted on the structure for review by the Borough
for compliance with the applicable requirements.
(c)
Evidence of recorded agreements and/or easements necessary to
provide access to the building or structure on which the antennas
are to be mounted so that installation and maintenance of the WCF
and associated equipment can be accomplished.
(2)
New structures and WCF exceeding 20 feet on existing structures.
A WCF site with a WCF that is either not mounted on an existing eligible
structure or is more than 20 feet higher than the structure on which
it is mounted shall be permitted only in those districts specified
on the Schedule of Uses[2] and shall require special exception approval in accord with this § 215-58.1.
[2]
Editor's Note: Said schedule is included as an attachment
to this chapter.
(3)
New tower-based WCF in a right-of-way. A new tower-based WCF
shall only be permitted in a right-of-way in accord with the following:
(a)
No such facility shall be located in any area where utility
infrastructure is installed underground. In areas not served by aboveground
utility infrastructure, a new tower-based WCF may be constructed only
at intersections of a Borough and state street or state street intersections
to provide coverage and capacity.
(b)
The stand-alone tower shall not exceed the average height of
the nearest two poles with a maximum height of 35 feet and the total
height with all equipment shall not exceed 20 feet above the tower.
(c)
The tower shall be self-supporting and guy wires shall not be
permitted.
(d)
Tower-based WCF in a Borough right-of-way.
[1]
In addition to the required application and permit
fees, every tower-based WCF in a Borough ROW is subject to the Borough's
right to fix annually a fair and reasonable compensation to be paid
for the use and occupancy of the ROW. Such compensation for ROW use
shall be directly related to the Borough's actual ROW management
costs including, but not limited to, the costs of the administration
and performance of all reviewing, inspecting, permitting, supervising,
and other ROW management activities by the Borough. The owner of each
tower-based WCF shall pay an annual fee to the Borough to compensate
the Borough for the Borough's costs incurred in connection with
the activities described above. The annual ROW management fee for
tower-based WCF shall be determined by the Borough and authorized
by resolution of the Borough Council and shall be based on the Borough's
actual ROW management costs as applied to such tower-based WCF.
[2]
Prior to the issuance of a permit, the owner of
each individual tower-based WCF shall, at its own cost and expense,
deliver a restoration deposit in an amount determined by the Borough
Engineer. The return of the deposit shall be contingent upon the proper
restoration of the ROW and compliance with the terms and conditions
of this chapter. Upon installation of the tower-based WCF, the applicant
shall notify the Borough that the site is ready for inspection. The
Borough Engineer shall inspect the site and, if it is found to be
satisfactory, the restoration deposit shall be refunded to the applicant
within 30 days. The restoration deposit may be forfeited in whole
or in part to the Borough if any work is found to be incomplete or
not in compliance with all applicable standards.
(4)
Associated use. All other uses ancillary to the WCF (including
a business office, maintenance depot, vehicle storage, etc.) are prohibited
from the WCF site, unless otherwise permitted in the Zoning District
in which the WCF site is located. This shall not prohibit the installation,
as accessory structures, of equipment containers not intended for
human occupancy to house only equipment necessary for the operation
of the WCF.
(5)
WCF as a second principal use. A WCF shall be permitted on a
property with an existing use subject to the following land development
standards:
(a)
The WCF facility shall be fully automated and unattended on
a daily basis and shall be visited only for periodic maintenance.
(b)
The minimum lot area, minimum setbacks and maximum height required
by this section for the WCF and support structure shall apply, and
the land remaining for accommodation of the existing principal use(s)
on the lot shall also continue to comply with the minimum lot area,
density and other requirements.
(c)
The vehicular access to the equipment building shall, whenever
feasible, be provided along the circulation driveways of the existing
use.
(d)
The applicant shall present documentation that the owner of
the property has granted an easement filed of record or other legal
interest for the land for the proposed facility and that vehicular
access is provided to the facility.
C.
SUBSTANTIAL CHANGE or SUBSTANTIALLY CHANGE
(1)
(2)
(3)
(4)
Permits for modifications to existing WCFs. While building codes
would remain applicable, no zoning permits or land use approvals are
required as long as the modification does not constitute a substantial
change. A "substantial change" is defined below:
A modification substantially changes the physical dimensions
of an eligible support structure if it meets any of the following
criteria:
For towers, other than towers in the public rights-of-way, it
increases the original height of the tower by more than 10% or by
the height of one additional antenna array with separation from the
nearest existing antenna not to exceed 20 feet, whichever is greater;
for other existing towers or base stations, it increases the original
height of the structure by more than 10% or more than 10 feet, whichever
is greater. Changes in height should be measured from the original
support structure in cases where deployments are or will be separated
horizontally, such as on buildings' rooftops; in other circumstances,
changes in height should be measured from the dimensions of the tower
or base, inclusive of originally approved appurtenances and any modifications
that were approved prior to the passage of the Spectrum Act.
For towers, other than towers in the public rights-of-way, it
involves adding an appurtenance to the body of the tower that would
protrude from the edge of the tower more than 20 feet or more than
the width of the tower structure at the level of the appurtenance,
whichever is greater, for other existing towers or base stations,
it involves adding an appurtenance to the body of the structure that
would protrude from the edge of the structure by more than six feet.
For any eligible support structure, it involves installation
of more than the standard number of new equipment cabinets for the
technology involved, but not to exceed four cabinets; or for towers
in the public rights-of-way and base stations, it involves installation
of any new equipment cabinets on the ground if there are no preexisting
ground cabinets associated with the structure, or else involves installation
of ground cabinets that are more than 10% larger in height or overall
volume than any other ground cabinets associates with the structure.
It entails any excavation or deployment outside the current
site.
D.
Standards. The following standards shall apply to all WCF:
(1)
Location requirement and number. The applicant shall demonstrate
to the satisfaction of the Borough, using technological evidence,
that the WCF and support structure must go where it is proposed, in
order to satisfy its function in the company's grid system. The
number of WCF to be installed at a site by an applicant may not exceed
the current minimum necessary to ensure the adequacy of current service
required by the Federal Communications Commission (FCC) license held
by that applicant. The applicant shall provide information on the
general location of other towers/sites planned for the region.
(2)
Collocation; new tower. If the applicant proposes to build a
tower (as opposed to mounting the WCF on an existing structure), the
Borough may require the applicant to demonstrate that it contacted,
in writing, the owners of tall structures within a two-mile radius
of the site proposed, asked for permission to install the WCF on those
structures, and was denied. This would include smokestacks, water
towers, tall buildings, WCF support structures of other cellular phone
companies, other communications towers (fire, police, etc.) and other
tall structures. The Borough may deny the application to construct
a new tower if the applicant has not made a good-faith effort to mount
the WCF on an existing structure, thereby documenting that there exists
no other support structure which can reasonably serve the needs of
the owner of the proposed WCF. A good-faith effort shall demonstrate
that one or more of the following reasons apply to a particular structure:
(a)
The proposed equipment would exceed the structural capacity
of the existing structure, and its reinforcement cannot be accomplished
at a reasonable cost.
(b)
The proposed equipment would cause radio frequency interference
with other existing equipment for that existing structure, and the
interference cannot be prevented at a reasonable cost.
(c)
Such existing structures do not have adequate location, space,
access or height to accommodate the proposed equipment or to allow
it to perform its intended function.
(d)
Addition of the proposed equipment would result in electromagnetic
radiation from such structure exceeding applicable standards established
by the Federal Communications Commission governing human exposure
to electromagnetic radiation.
(e)
A commercially reasonable agreement could not be reached with
the owners of such structures.
(3)
WCF height; airport zoning; design.
(a)
The applicant shall demonstrate that the WCF is at the minimum
height required to function satisfactorily and provide adequate height
for eight service providers. The maximum height of any WCF shall be
200 feet and shall comply with the Borough's Airport Hazard Zoning
Ordinance (Chapter 52).[3]
(b)
The Borough may require the tower to be designed and constructed
to be stackable (structurally capable of being increased in height)
so that additional antenna arrays can be accommodated in addition
to the arrays on the original tower to facilitate future collocation.
(c)
WCF equipment buildings shall comply with the accessory structure
height limitations of the applicable zoning district.
(d)
The Borough shall require stealth design or specific colors
to ensure that the WCF is compatible with the surrounding landscape,
and such determination shall be based on a balloon test for height
conducted by the applicant.
(4)
Setbacks. If a new WCF support structure is constructed (as
opposed to mounting the WCF on an existing structure) or if the WCF
height exceeds the height of the existing structure on which it is
mounted by more than 20 feet, the following minimum setbacks shall
apply.
(a)
Separate parcel. If the parcel on which the WCF and support
structure are located is a separate and distinct parcel, the distance
between the base of the support structure and any adjoining property
line shall not be less than the height of the WCF structure plus the
normal setback for the district. The setback for equipment containers,
other accessory structures, and guy wire anchors shall be a minimum
of 30 feet.
(b)
Lease, license or easement. If the land on which the WCF and
support structure is leased, or is used by license or easement, the
setback for any part of the WCF, the support structure, equipment
containers, other accessory structures, and guy wire anchors shall
be a minimum of 30 feet from the line of lease, license or easement.
In any case, the distance between the base of the support structure
and any adjoining property line (not lease, license or easement line)
shall not be less than the height of the WCF structure.
(5)
WCF support structure safety. The applicant shall demonstrate
that the proposed WCF and support structure are safe and the surrounding
areas will not be negatively affected by support structure failure,
falling ice or other debris, electromagnetic fields, or radio frequency
interference. All support structures shall be fitted with anticlimbing
devices, as approved by manufacturers. The applicant shall submit
certification from a Pennsylvania-registered professional engineer
that a proposed WCF and support structure will be designed and constructed
in accordance with the current Structural Standards for Steel Antenna
Towers and Antenna Supporting Structures, published by the Electrical
Industrial Association/Telecommunications Industry Association and
applicable requirements of any applicable building code. Within 45
days of initial operation, the owner and/or operator of the WCF and
support structure shall provide a certification from a Pennsylvania-registered
professional engineer that the WCF and support structure comply with
all applicable regulations.
(6)
Stealth design. Wireless communication facilities shall be of
stealth design, as required by the Borough and shall comply with the
following standards relating to neighborhood character, placement,
material and colors:
(a)
Wireless communication facilities attached to an existing structure
shall be designed and maintained to blend in with the existing structure
to the extent feasible, including placement in a location which is
consistent with proper functioning of the wireless communication facility
and use of compatible or neutral colors.
(b)
Wireless communication facilities attached to an existing structure
shall be screened in a reasonable and achievable manner.
(c)
Wireless communication facilities proposed on a new tower, including
support structure(s), shall be designed to blend in with the existing
surroundings, including the use of compatible colors and disguised
structures.
(d)
Equipment facilities shall, to the extent practicable, use materials,
colors and textures that blend in with the natural setting and built
environment.
(7)
Fencing. A fence shall be required around the WCF support structure
and other equipment, unless the WCF is mounted on an existing structure.
The fence shall be a minimum of eight feet in height.
(8)
Landscaping. Landscaping may be required to screen as much of
the support structure as possible, the fence surrounding the support
structure, any other ground level features (such as a building), and,
in general, buffer the WCF and support structure site from neighboring
properties. The Borough may permit any combination of existing vegetation,
topography, walls, decorative fences or other features instead of
landscaping, if they achieve the same degree of screening as the required
landscaping. If the WCF is mounted on an existing structure and other
equipment is housed inside an existing structure, landscaping shall
not be required. In addition, existing vegetation on and around the
site shall be preserved to the greatest extent possible.
(9)
Collocation; other uses. In order to reduce the number of WCF
support structures needed in the community in the future, the proposed
support structure for a new tower facility shall be required to accommodate
other users, including, but not limited to, other cellular phone companies,
and local fire, police, and ambulance companies. The applicant shall
provide evidence of written contact with all wireless service providers
who supply service within the Borough for the purpose of assessing
the feasibility of co-located facilities. The proposed structure,
as determined by the Borough, shall be constructed to provide available
capacity for other providers if there is a future additional need
for such facilities.
(10)
Licenses; other regulations; insurance. The applicant must demonstrate
that it has obtained the required licenses from the Federal Communications
Commission, the Pennsylvania Public Utility Commission, and other
agencies. The applicant shall also document compliance with all applicable
state and federal regulations. The applicant shall submit the name,
address and emergency telephone number for the operator of the WCF
and a certificate of insurance evidencing general liability coverage
in the minimum amount of $2,000,000 per occurrence and property damage
coverage in the minimum amount of $2,000,000 per occurrence covering
the WCF and support structure. The applicant shall provide the Borough
with annual proof of renewal prior to expiration.
(11)
Access. Access to the WCF and support structure shall be provided
by means of a public street or easement to a public street. The easement
shall be a minimum of 20 feet in width and shall be improved to a
width of at least 10 feet with a dust-free, all-weather surface for
its entire length.
(12)
Signs; lighting; FAA and PennDOT notice.
(a)
No signs or lights shall be mounted on a WCF except as may be required by this § 215-58.1, the Federal Communication Commission, Federal Aviation Administration or another governmental agency which has jurisdiction.
(b)
No WCF support structure may be artificially lighted, except
as required by the Federal Aviation Administration.
(c)
The applicant shall provide a copy of the response to Notice
of Proposed Construction or Alteration forms submitted to the FAA
and PennDOT Bureau of Aviation, and the WCF and support structure
shall comply with all FAA and PA DOT requirements.
(13)
Communications interference. The applicant shall document that
the radio, television, telephone or reception of similar signals for
nearby properties will not be disturbed or diminished.
(14)
Historic structures. A WCF shall not be located on a building
or structure that is listed on a historic register or within 500 feet
of such a structure.
(15)
Identification. All antenna support structures, including, but
not limited to, equipment buildings and cabinets, shall clearly display
the operator's name, license number and emergency telephone number.
(16)
Fire suppression system. The applicant shall provide details
about any fire suppression system installed in any accessory structure
or equipment container associated with the WCF.
(17)
Discontinued use. If any WCF or support structure ceases to
be used as a communications facility, the owner or operator or then
owner of the land on which the WCF and support structure is located
shall be required to remove the same within 90 days from the abandonment
of use. Failure to do so shall authorize the Borough to remove the
facility and assess the cost of removal to the foregoing parties.
In addition, at the time of zoning permit issuance for any WCF the
Borough shall require a financial guarantee, in a term, form and amount
determined by the Council with the advice of the Borough Solicitor,
to guarantee the removal of the WCF.
(18)
Site plan. A full site plan shall be required for all WCF and support structure sites, showing the WCF, WCF support structure, building, fencing, buffering, access, and all other items required in Chapter 187, Subdivision and Land Development. The site plan shall not be required if the WCF is to be mounted on an existing structure and the WCF does not exceed the height of the existing structure by more than 20 feet. A land development plan approved pursuant to Chapter 187, Subdivision and Land Development, shall be a prerequisite to the construction of a communications equipment building or other roofed structure erected pursuant to this section which have a combined gross floor area of greater than 100 square feet.
(19)
Payments to the Borough.
(a)
The fees, charges and rental prescribed by the Borough Council
and which must be paid for the installation and maintenance of a wireless
communication facility in the Borough are set forth in the Borough's
Application and Permit Fee Schedule, hereof.
(b)
Application fee and escrow deposit.
[1]
The applicant shall pay the Borough an application
fee as described in the Borough's Application and Permit Fee
Schedule at the time of filing the application.
[2]
An applicant seeking to install one or more wireless
communication facilities outside the ROW shall also establish a single
escrow deposit with the Borough, as set forth in the Borough's
Application and Permit Fee Schedule, out of which the Borough will
make payment of the fees and charges of those consultants and professional
advisors as deemed necessary by the Borough for the processing of
the application. The applicant shall be requested to replenish the
escrow if sufficient funds are not available to make such payments
and shall make such additional payments within 10 business days of
the request, in default of which the processing of any of applicant's
applications shall be suspended. Failure to make such payment with
30 business days of the request shall result in all pending applications
being rejected.
[3]
If requested, the Borough shall supply the applicant
with an itemized statement of the use of the escrow funds at the time
any request for additional payment is made and at the time the escrow
is closed out, at which time any balance in the account shall be returned.
(c)
Payments and charges relating to the construction and maintenance
of microfacilities in the ROW.
[1]
For microfacilities installed in the ROW, the applicant
must pay an annual ROW use fees as set forth in the Borough's
Application and Permit Fee Schedule fees.
[2]
For microfacilities located on Borough-owned attachment
structure in the ROW, the applicant must also enter into a support
structure attachment agreement with the Borough and pay the Borough
the rental fees therefore described in the Borough's Application
and Permit Fee Schedule.
[3]
Other charges or fees may be applicable as set
forth in the Borough's Application and Permit Fee Schedule, fees,
depending on the extent of use of ROW, and shall be calculated by
the Borough Council or its designee in conjunction with the application
review.
(d)
Payments and charges applicable to wireless communication facilities
on Borough-owned lands and attachment structures not in ROW. The Borough
Council or its designee is authorized to negotiate the terms of a
lease agreement and the appropriate rental for the use of Borough-owned
lands and attachment structures. The availability of space on Borough
facilities shall be determined on a case-by-case basis and made available
to providers on a first-come first-served basis. No building permit
for a wireless communications facility will be issued with respect
to Borough property until the lease agreement has been accepted by
the Borough.
(e)
Timing and place of payment. Unless otherwise agreed to in writing,
all fees shall be paid in advance. Payments shall be delivered to
the attention of Zoning Officer.
(f)
Taxes and assessments. To the extent taxes or other assessments
are imposed by taxing authorities on the use of Borough property as
a result of an applicant's use or occupation of the ROW or of
Borough-owed or leased property, the applicant shall be responsible
for payment of such taxes, payable annually unless otherwise required
by the taxing authority. No rental payment shall constitute a payment
in lieu of any tax fee or other assessment, except as specifically
provided in this article or as required by applicable law.
(g)
Interest on late payments. In the event that any fee is not
actually received by the Borough on or before the applicable date
fixed in use agreement, interest thereon shall accrue from such date
until received at 15% per annum.
(20)
Maintenance.
(a)
Wireless communication facility providers shall at all times
employ ordinary and reasonable care and install and maintain in use
nothing less than the best available technology for preventing failures
and accidents which are likely to cause damage, injury or nuisances
to the public.
(b)
Wireless communication facility providers shall install and
maintain wireless communication facilities, wires, cables, fixtures
and other equipment in substantial compliance with the requirements
of the National Electric Code and all FCC, state and local regulations
and in such manner that will not interfere with the use of other property.
(c)
Wireless communication facilities shall at all times be kept
and maintained in good condition, order and repair by qualified maintenance
and construction personnel, so that the same shall not menace or endanger
the life or property of any person.
(d)
Noise. Wireless communication facilities shall be operated and
maintained so as not to produce noise in excess of the applicable
noise standards under state law or the Borough code, except in emergency
situations requiring the use of a backup generator, where the noise
standards may be exceeded on a temporary basis.
(e)
In the event that the use of a wireless communication facility
is discontinued, the owner shall provide written notice to the Borough
of its intent to discontinue use and the date when the use shall be
discontinued. If such wireless communication facility is not removed
within 90 days, the Borough may remove it at the owner's expense.
(f)
Inspections. The Borough and/or its agents shall have authority
to enter onto the property upon which a wireless communication facility
is located at any time, upon reasonable notice to the provider (which
notice shall provide an opportunity for the provider's supervision
of such entry), for any purposes associated with the permitted use
of the property, including, but not limited to, the purpose of determining
whether the wireless communication facility complies with this article,
Building Construction of the Borough of Mount Pocono Code, and all
other construction standards provided by the Borough's Code and
federal and state law.
