Two-bedroom: 900 square feet.

Three-bedroom: 1,200 square feet.

The proposed equipment would exceed the structural capacity of the existing building, commercial communications tower or other structure and reinforcement of the existing building, tower or other structure cannot be accomplished at a reasonable cost.

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

Existing buildings, commercial communications towers or other structures do not have adequate space to accommodate the proposed equipment.

Addition of the proposed equipment would result in NIER (nonionizing electromagnetic radiation) levels which exceed any adopted local, federal or state emission standards.

The maximum number of dwelling units in any townhouse building shall be five.

All off-street parking spaces, except spaces on driveways immediately in front of a carport or garage entrance, shall be set back a minimum of 10 feet from any dwelling.

Where a shared parking area is proposed, and a location to the rear of the townhouses is not feasible, then a location to the side of a set of townhouses shall be considered.

Any mailboxes provided within the street right-of-way should be clustered together in an orderly and attractive arrangement or structure. Individual freestanding mailboxes of noncoordinated types at the curbside are discouraged.

The maximum number of dwelling units in any garden apartment building shall be 24.

The distance between multifamily dwellings on the same lot shall be not less than 25 feet.

The proposed development shall be served by a public sanitary sewer system.

All parking spaces and access drives shall be at least 15 feet from any multifamily dwelling on the lot. This shall not apply to an interior garage and/or a driveway intended to be used as a parking space for one particular dwelling unit.

No one area for off-street parking of motor vehicles shall exceed 40 cars in capacity. Separate parking areas on a parcel shall be physically separated from one another by a six-foot-wide planting strip.

Buffer Area "A," as defined by § 170-503A of this chapter, shall be provided along all property lines adjoining residential use or zoning classification.

One hundred feet from the lot of any dwelling;

Forty feet from any other lot line and the right-of-way of any public street;

One hundred feet from the center line of any waterway; and

Five feet away from a drainage swale.

Not have a drive-through service;

Not have outdoor seating areas;

Not have outdoor vending machines;

Prohibit the administering of or the consumption of medical marijuana on the premises;

Not offer direct or home delivery service.

Any newly established private easements/roadways constructed on the parcel containing the facility shall be located at least 50 feet from any property line unless written consent is obtained from the adjoining property owner(s);

The access road to the facility, beginning with its intersection with a municipal road, shall be paved for the first 50 feet and be constructed with an additional 150 feet of limestone in a manner that would reasonably minimize water, sediment or debris carried onto any public road. If the access road or accessway is less than 200 feet in length, the entire access road or accessway shall meet these conditions. This shall be in place prior to the commencement of any facility operations;

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

The chain-link fence shall be at least eight feet in height;

Support posts shall be set in concrete and shall be embedded into the ground to a depth sufficient to maintain the stability of the fence;

The chain-link shall be dark green or black steel wire;

The chain-link fence shall have, at a minimum, eleven-gauge thickness;

Posts and rails shall be black or dark green standard socket construction or similar design;

Tension rods shall be three-eighths-inch round steel bolt stock. Adjustable tighteners shall be turnbuckle or equivalent having a six-inch minimum take-up. Tension bars shall have minimum thickness of 1/4 inch by 3/4 inch;

All chain-link fences shall be equipped with at least two gates.

Fencing shall be equipped with interlocking opaque slats, mesh, or other screening material approved by the Borough.

A description of proposed site or modification to an existing site with identification whether the site is located in a wetland or floodplain;

Anticipated construction start and completion date;

A plot plan of the site showing a clearly marked scale, all property lines, all buildings, water wells, water sources and rights-of-way;

The applicant shall apply for a Borough-assigned address at the time of building permit application;

Any and all additional requirements that may be modified or added by subsequent ordinance or required by Pennsylvania law.

A grading permit, if applicable, must be obtained per Chapter 151, Subdivision and Land Development, prior to any grading or earth moving, and must include evidence of an approved soil erosion and sedimentation control plan.

The minimum distance to any protected use shall be 1,000 feet;

The minimum distance to any public or private school shall be 2,500 feet;

A setback reduction approval may be authorized by Borough Council, provided that the applicant can submit compelling evidence that such a reduction is absolutely necessary and will not be detrimental to the purposes of this chapter.

Applicant name.

Unit name.

Borough-assigned address.

Emergency contact phone number.

Primary or secondary school.

Day-care center.

Gymnasium/recreational facility.

Kitchen.

Parsonage, parish house or rectory.

Other uses that are customarily accessory to religious uses and places of worship.

A small solar energy system shall be permitted as an accessory use to an existing principal use in any zoning district by right subject to the regulations set forth in this section. It shall be the responsibility of the landowner and/or applicant to prove compliance with this section at the time of application for a building/zoning permit.

All solar energy equipment shall be located on the parcel or plot of land of record in which the principal use is located, with the exception that power lines or any related equipment to the solar energy system may be located on an adjoining parcel or plot of land of record, provided it will comply with all applicable virtual net metering laws of the public utility provider.

Power generated by the solar energy system shall provide power only for the principal use in which it services; any excess power generated by the solar energy system shall only be sold or acquired by a public utility in accordance with law or other governmental regulations.

All mechanical equipment associated with and necessary for the operation of the solar energy system, which is ground-mounted, including any structure for batteries or storage cells, shall be enclosed within a six-foot-high fence or evergreen plantings of equal height. Evergreen plantings shall be of a type that is to be approved by the municipality. No noxious trees, plants or weeds shall be permitted to fulfill the landscaping requirements. The fence shall be made of wood, masonry, durable plastic or other decorative material approved by the municipality. Chain-link fences shall not be permitted unless they are fully screened from view by evergreen plantings.

Historic structures. If an accessory solar energy system is proposed to be mounted on or located within 100 feet of any historic structure as may be designated by the Borough or determined to be eligible for listing on the National Register of Historic Places by the Pennsylvania Historical and Museum Commission or the National Park Service, such system shall be subject to conditional use approval at the sole discretion of the Borough as provided herein and upon a finding that the proposed system will not adversely impact the historical significance or landscape context of the subject historic structure.

Solar access easements. A solar energy system shall be located to ensure solar access without reliance on adjacent properties. Where any applicant desires to ensure that solar access to a solar energy system shall not be obstructed over time by permissible uses or activities on any adjacent property (i.e., by planting or growth of vegetation, new construction, etc.), it shall be the responsibility of the owner of the solar energy system to obtain appropriate solar access easement(s) from neighboring property owner(s). All solar access easements shall be recorded in the office of the Washington County Recorder of Deeds.

Ground-mounted solar energy systems.

Roof-mounted solar energy systems.

All electric and utility lines associated with the solar energy system shall be buried underground.

Any installation of a solar energy system shall comply with all applicable standards of the Uniform Construction Code.

Solar collectors shall be installed so as to prevent glare or concentrated solar radiation as may otherwise be directed onto other properties or onto roadways such that a nuisance situation is created. Antireflective surface materials or coatings shall be used to preclude glare to the extent feasible. The applicant or the installer or manufacturer of the solar energy system shall submit with the application for permit, as applicable, a signed statement including the following:

Certification that the proposed system shall not produce glare or reflect concentrated solar radiation visible beyond the property lines of the property upon which the solar energy system shall be located such that a nuisance situation is created.

Acknowledgement that, should any glare or concentrated solar radiation produced prove to be visible beyond the property lines of the property upon which the solar energy system shall be located, at any time subsequent to the installation of the system, such that, in the opinion of the Zoning Officer, a nuisance situation or safety hazard arises for another property owner or the travelling public, the Borough may at its discretion require mitigation action or may require the removal of the system or portion thereof generating the glare or reflected solar radiation.

Acknowledgement that, should any mitigation or system removal deemed necessary by the Borough fail to be dealt with in accordance with the Borough's determination within six months of notification of the landowner and/or system owner, or immediately in any case determined to be a safety hazard, the Borough may implement such mitigation or remove such systems as it deems necessary, costs therefor to be reimbursed within 90 days and, if not, a commensurate lien shall be placed upon the property.

Acknowledgement that the obligations set forth herein shall continue so long as the subject solar energy system remains in operation and that any subsequent property owner shall be so notified.

The solar energy system shall be kept in good repair and sound condition. Upon abandonment of the use, the solar panels, electrical wires, support structures and any other related structures and equipment shall be dismantled and removed from the lot within 60 days.

No signage or advertising of any kind shall be utilized or attached to the solar energy system. This requirement shall not include the make and model description of the solar energy system, manufacturers required hangtags or warning signs or other signage that is required by law.

The minimum lot size for any large solar energy system shall be five acres.

The landowner and/or applicant shall present the following evidence to Borough Council at the hearing for a large solar energy system:

Large solar energy systems shall be set back a minimum of 100 feet from any public right-of-way, any lot line, and any historic structure as may be designated by the Borough or determined to be eligible for listing on the National Register of Historic Places by the Pennsylvania Historical and Museum Commission or the National Park Service.

Notwithstanding lot coverage limitations set forth in the base zoning district(s), the maximum impervious coverage for a large solar energy system and any accessory or appurtenant structures shall be 20% of the lot area.

All mechanical equipment associated with and necessary for the operation of the large solar energy system that is not mounted on a building wall, including any structure for batteries or storage cells, shall be enclosed within a six-foot-high fence or evergreen plantings of equal height. Evergreen plantings shall be of a type that is to be approved by the Borough. No noxious trees, plants or weeds shall be permitted to fulfill the landscaping requirements. The fence shall be made of wood, masonry, durable plastic or other decorative material approved by the municipality. Chain-link fences shall not be permitted unless they are fully screened from view by evergreen plantings.

Solar energy systems shall not be artificially lighted except to the extent required for safety or by any applicable federal, state or local authority.

Solar energy systems and appurtenant or accessory structures shall not display any advertising, except for reasonable identification of the panel or other equipment manufacturer and the facility owner.

Solar energy systems shall be located where there is a means of vehicular access from a public or private street.

A solar energy system shall be located to ensure solar access without reliance on adjacent properties. Where any applicant desires to ensure that solar access to a solar energy system shall not be obstructed over time by permissible uses or activities on any adjacent property (i.e., by planting or growth of vegetation, new construction, etc.), it shall be the responsibility of the owner of the solar energy system to obtain appropriate solar access easement(s) from neighboring property owner(s) and to notify the Borough upon the recording of any such easement(s). All solar access easements shall be recorded in the office of the Washington County Recorder of Deeds.

Solar collectors shall be installed so as to prevent glare or concentrated solar radiation as may otherwise be directed onto other properties or onto roadways such that a nuisance situation is created. Antireflective surface materials or coatings shall be used to preclude glare to the extent feasible. The applicant or the installer or manufacturer of the solar energy system shall submit with the application for permit, as applicable, a signed statement including the following:

Certification that the proposed system shall not produce glare or reflect concentrated solar radiation visible beyond the property lines of the property upon which the solar energy system shall be located such that a nuisance situation is created;

Acknowledgement that, should any glare or concentrated solar radiation produced prove to be visible beyond the property lines of the property upon which the solar energy system shall be located, at any time subsequent to the installation of the system, such that, in the opinion of the Zoning Officer, a nuisance situation or safety hazard arises for another property owner or the travelling public, the Borough may at its discretion require mitigation action or may require the removal of the system or portion thereof generating the glare or reflected solar radiation;

Acknowledgement that, should any mitigation or system removal deemed necessary by the Borough fail to be dealt with in accordance with the Borough's determination within six months of notification of the landowner and/or system owner, or immediately in any case determined to be a safety hazard, the Borough may implement such mitigation or remove such systems as it deems necessary, costs therefor to be reimbursed within 90 days and, if not, a commensurate lien shall be placed upon the property.

Acknowledgement that the obligations set forth herein shall continue so long as the subject solar energy system remains in operation and that any subsequent property owner shall be so notified.

A clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations.

If the solar energy system is ever abandoned or enters into a state of disrepair, it shall be the responsibility of the property owner to remove or properly maintain the solar energy system within six months from the date the system enters such a state or immediately in any case determined to be a safety hazard.

If a ground-mounted solar energy system is ever removed, any earth disturbance as a result of the removal of the ground-mounted solar energy system shall be graded and reseeded to the satisfaction of the Borough.

Any large solar energy system shall comply with all applicable standards for a land development in Chapter 151, Subdivision and Land Development.

A small wind energy system shall be permitted as an accessory use to an existing principal use within any zoning district subject to the regulations set forth in this section. It shall be the responsibility of the landowner and/or applicant to prove compliance with this section at the time of application for a building/zoning permit.

The turbine shall be located on the same parcel or plot of land of record in which the principal use is located, with the exception that power lines or related equipment may be located on a neighboring parcel or plot of land of record, provided it will comply with all applicable virtual net metering laws of the public utility provider.

The height of the turbine shall include the tower and the rotor at its point where a blade is directly perpendicular to the ground. The maximum height of the turbine shall be 60 feet from the finished grade.

Turbines must meet the setback requirements for accessory structures for the underlying zoning district. In addition, turbines shall be set back a horizontal distance equal to their height from any property line or residential dwelling, excluding any dwelling on the lot on which the turbine is located. No turbine shall be located between the principal structure on the property and the public street right-of-way. Additionally, all turbines must be set back sufficiently from any aboveground utility lines, radio, television, or telecommunication towers so as to present no danger to those lines or structures, as certified by the applicant's engineer. No portion of any accessory turbine shall extend over parking areas, access drives, driveways or sidewalks.

The minimum clearance between the lowest arc of the turbine blades and the ground shall be 15 feet. If the turbine model that is proposed is a vertical axis wind turbine (also referred to as a "helix-type windmill" or "VAT"), the height between the lowest point of the turbine and the ground may be reduced to eight feet.

If guy wire anchors are required, they shall be set back a minimum of 10 feet from any side and rear property lines.

All electric and utility lines associated with the turbine shall be buried underground.

All mechanical equipment associated with and necessary for the operation of the turbine, including any structure for batteries or storage cells, shall be screened from view with an enclosed six-foot-high fence or evergreen plantings of equal height. The evergreen plantings shall be of a type approved by the municipality and shall be planted to provide a full screen of the mechanical equipment. No noxious trees, plants or weeds shall be permitted to fulfill the screening requirements. The turbine tower shall also be enclosed within a six-foot-high fence unless the base of the turbine tower is not climbable for a distance of 12 feet. Any required fencing shall be made of wood, masonry, durable plastic or other decorative material approved by the Borough. Chain-link fences shall not be permitted unless they are fully screened from view by evergreen plantings of equal or greater height than the fence.

The turbine shall not generate noise which exceeds 60 decibels at any property line.

The turbine shall be kept in good repair and sound condition. Upon abandonment of use, the turbine and all related structures shall be dismantled and removed from the lot within 60 days.

The co-location of wireless communication antennas on a turbine tower shall not be permitted.

Power generated by the turbine shall provide power only for the principal use in which it services; any excess power generated by the turbine shall only be sold or acquired by a public utility in accordance with law or other governmental regulations.

The installation of the turbine shall meet all applicable requirements of the Uniform Construction Code.

No signage or advertising of any kind shall be utilized or attached to the turbine. This requirement shall not include the make and model description of the turbine, manufacturers' required hangtags or warning signs or other signage that is required by law.

No lighting, unless required by any FAA requirements, shall be utilized or attached to the turbine.

Turbines shall be a neutral, nonobtrusive color such as white, off-white, gray, brown, black or other approved earth tone shade, unless a specific color or color pattern is required by the FAA or other regulatory agency.

A large wind energy system shall be permitted by conditional use, within the Industrial Zoning District. Large wind energy systems shall be required to meet the performance standards of this chapter.

The height of the turbine shall include the turbine tower and the turbine rotor at its point where a blade is directly perpendicular to the ground. The maximum height of the turbine shall be 250 feet.

A turbine shall be set back from all property lines and ultimate street right-of-way at a distance that is equal to the turbines height (in feet) plus an additional 25 feet.

The turbine shall not generate noise which exceeds 60 decibels at any property line.

All on-site utility and transmission lines extending to and from the large wind energy system shall be placed underground.

All large wind energy systems shall be equipped with a redundant breaking system. This includes both aerodynamic overspeed controls (including variable pitch, tip, and other similar systems) and mechanical brakes. Mechanical breaks shall be operated in a fail-safe mode. Staff regulations shall not be considered a sufficient braking system for overspeed protection.

No lighting, unless required by any FAA requirements, shall be utilized or attached to the turbine.

Turbines shall be a neutral, nonobtrusive color such as white, off-white, gray, brown, black or other approved earth tone shade, unless a specific color or color pattern is required by the FAA or other regulatory agency.

No signage or advertising of any kind shall be utilized or attached to the turbine. This requirement shall not include the make and model description of the turbine, manufacturers' required hangtags or warning signs or other signage that is required by law.

All large wind energy systems shall, to the greatest extent feasible, be sited to prevent shadow flicker on any occupied building on an adjacent lot.

A clearly visible warning sign concerning voltage shall be placed at the base of all pad-mounted transformers and substations or fence.

All access doors to wind turbines and electrical equipment shall be locked or fenced, as appropriate, to prevent entry by nonauthorized persons.

No portion of any large wind energy system shall extend over parking areas, access drives, driveways or sidewalks.

The minimum height between the lowest portions of the wind turbine shall be 30 feet above ground.

All mechanical equipment associated with and necessary for the operation of the turbine, including any structure for batteries or storage cells, shall be screened from view with an enclosed six-foot-high fence or evergreen plantings of equal height. The evergreen plantings shall be of a type approved by the Borough and shall be planted to provide a full screen of the mechanical equipment. No noxious trees, plants or weeds shall be permitted to fulfill the screening requirements. The perimeter of the large wind energy system shall also be enclosed within a six-foot-high fence unless the base of the turbine towers are not climbable for a distance of 12 feet. Any required fencing shall be made of wood, masonry, durable plastic or other decorative material approved by the Borough. Chain-link fences shall not be permitted unless they are fully screened from view by evergreen plantings of equal or greater height than the fence.

If a large wind energy system is proposed to be mounted on or located within 100 feet of any historic structure as may be designated by the Borough or determined to be eligible for listing on the National Register of Historic Places by the Pennsylvania Historical and Museum Commission or the National Park Service, such system shall be subject to conditional use approval at the sole discretion of the Borough upon a finding that the proposed system will not adversely impact the historical significance or landscape context of the subject historic structure or historic resource.

The landowner and/or applicant shall present the following evidence to Borough Council at the hearing for a large wind energy system:

A narrative describing the proposed large wind energy system, including an overview of the project, the project location, the approximate generating capacity of the large wind energy system, the approximate number, representative types and height or range of heights of the turbines or other equipment to be constructed, including their generating capacity, dimensions and respective manufacturers, and a description of all ancillary facilities.

Identification of the properties or portions thereof on which the proposed large wind energy system will be located and also the properties adjacent to where the large wind energy system will be located.

A site plan, drawn to scale, showing all of the following information, as applicable: the planned location of each turbine, related structures, setback lines, access roads and turnout locations, substations, electrical wiring, ancillary equipment, buildings and structures, including associated distribution and/or transmission lines, floodplains, easements, wetlands and limits of earth disturbance associated with construction of the large wind energy system.

Documents indicating the type and specifications of fencing to be used around the perimeter of the large wind energy system.

Documents relating to the decommissioning of the large wind energy system, including a schedule for decommissioning of the solar panels and related equipment.

Documents indicating compliance with any other applicable federal, state and local laws regulating large wind energy system and/or land development, including, but not limited to, any applicable laws of the Public Utility Commission, any public utility provider, Washington County Conservation District, and the PA Department of Environmental Protection.

Outdoor hydronic heaters, also known as "outdoor wood-fired boilers," shall be permitted as an accessory use on lots that are one acre or larger. All outdoor hydronic heaters shall comply with the regulations of this section. It shall be the landowner and/or applicant's responsibility to prove compliance with this section, this shall include the requirements of submitting manufacturer's specifications and maintenance documents, certification testing results, and any other required documents at the time of application for a building/zoning permit.

The regulations listed below shall not apply to the following:

Grilling or cooking using charcoal, wood, propane or natural gas in cooking or grilling appliances.

Approved outdoor recreational fires.

Burning in a stove, furnace, fireplace, or other heating device within a building used for human or animal habitation.

The legal use of propane, acetylene, natural gas, gasoline or kerosene in a device intended for heating, construction or maintenance activities.

The following items shall not be burned in an outdoor hydronic heater:

Treated or painted wood; furniture, trash, rubbish or garbage, tires, lawn clippings, woody yard wastes, plastic materials, rubber materials, waste petroleum products, paints and paint thinners, chemicals, hazardous wastes, coal, paper wastes, construction or demolition debris, plywood, particleboard, manure, animal carcasses.

Fuel requirements for outdoor hydronic heaters; the materials listed below shall be the only materials allowed to be used for fuel:

Clean wood, corn, wood pellets made from a clean wood, home heating oil, natural gas, or propane that complies with all applicable sulfur limits and is used as a starter or supplemental fuel for dual-fired outdoor hydronic heaters or any other materials located in a manufacturers list of specifications so long as the material is not prohibited by the previous subsection.

Any outdoor hydronic heater shall be located on the same parcel or plot of land of record in which the principal use is located with the exception that power lines or any related equipment to the outdoor hydronic heater may be located on an adjoining parcel or plot of land of record, provided it will comply with all applicable virtual net metering laws of a public utility provider.

No more than one outdoor hydronic heater shall be permitted per lot.

Outdoor hydronic heaters shall meet the certification standards of the voluntary program of the Environmental Protection Agency (EPA) for Phase 2 air emission levels of no more than 0.32 pounds of fine particulates per million British Thermal Units (BTUs) heat input and any amendments or modifications made hereafter.

Setback requirements.

Outdoor hydronic heaters shall be located a minimum of 150 feet from any side or rear property line.

No outdoor hydronic heater shall be located between the principal structure on the property and the public street right-of-way; notwithstanding the aforesaid requirement, the minimum setback from the ultimate public street right-of-way shall be no less than 150 feet.

If an outdoor hydronic heater is proposed to be located within 100 feet of any historic structure as may be designated by the Borough or determined to be eligible for listing on the National Register of Historic Places by the Pennsylvania Historical and Museum Commission or the National Park Service, such outdoor hydronic heater shall be subject to conditional use approval at the sole discretion of the Borough upon a finding that the proposed system will not adversely impact the historical significance or landscape context of the subject historic structure or historic resource.

No person shall install an outdoor hydronic heater unless it has a permanent attached stack with a minimum stack height of 10 feet above the ground that also extends at least two feet above the highest peak of any residence located less than 150 feet from the outdoor hydronic heater.

No signage or any form of advertising shall be utilized or attached to an outdoor solid-fuel fired boiler. This requirement shall not include the make and model description of the outdoor hydronic heater, manufacturers' required hangtags or warning signs, the hangtags indicating EPA air quality specifications, or other signage that is required by law.

No person shall use or operate a new or existing outdoor wood-fired boiler between the dates of May 1 and September 30.

All outdoor hydronic heaters shall be installed, operated and maintained in strict compliance with all emissions of air quality standards promulgated by EPA, the DEP, or other relevant state or federal agency, including emissions of dust and particulates.

In the event that an outdoor hydronic heater is damaged or it is physically deteriorated or decayed to the point where it no longer is compliant with this section, said heater must be removed and/or replaced with a new unit within 60 days of the date that notice is received from the Zoning Officer. In the event of replacement, all provisions of this chapter in effect at the time of replacement shall be complied with.

In the event the outdoor hydronic heater is abandoned, the boiler, electrical wires, and any related equipment and structures shall be dismantled and removed from the property within 60 days of the date it was abandoned.

Outdoor hydronic heaters shall comply with all applicable regulations of the Uniform Construction Code.

Single-family dwellings.

Two-family dwellings.

Townhouses, subject to § 170-603(Q).

Garden apartments, subject to § 170-603(Q).

Common leisure and/or recreational areas.

Common dining area.

Postal station for use of the residents and staff only;

Banking facility for use of the residents only;

Pharmacy and/or medical offices for use of the residents only;

Personal services for the use of the residents only, including beauty shop, barbershop, common laundry facilities, dry cleaning, valet;

Ice cream parlor and/or florist/gift shop for the use of residents and their invited guests only;

Personal care boarding home licensed by the commonwealth;

Nursing home licensed by the commonwealth;

Elderly day-care center licensed by the commonwealth;

Taxi, van or similar transportation services for the residents.

The area used for preparing and serving the food shall not obstruct any sidewalk or public right-of-way nor shall it obstruct the free flow of pedestrian or vehicular traffic on the site or adjoining the site. On any sidewalk, there shall be maintained a minimum of five feet unobstructed width for the passage of pedestrians and, in the case where there is parallel parking permitted along such sidewalk, a minimum of four feet adjacent to the curb to permit the discharging of passengers shall be provided. These required unobstructed areas on the sidewalk may be combined into one area at least five feet wide along the curb.

The area used for preparing and serving food shall not eliminate the availability of any existing parking spaces on the site.

The site intended to be used for the preparation and/or serving of food shall provide restroom facilities available to the public, unless the existing business on the site has restroom facilities which will be available to the public visiting the temporary use.

The activity shall comply with all applicable Borough codes and ordinances.

The owner of the existing business or the operator of the temporary use involving the preparation and/or serving of food in an outdoor setting shall provide the Borough with a certificate of insurance, in an amount at least equal to $2,000,000 per occurrence and $3,000,000 aggregate, indemnifying the Borough against any liability resulting from such use.