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Carroll Valley City Zoning Code

PART 15

GENERAL USE REQUIREMENTS

§ 27-1501 Statement of Legislative Intent.

[Ord. No. 1-2022, 5/10/2022]
The following standards shall be applied to the specific listed uses, regardless of how said uses are authorized and where said uses are proposed within Carroll Valley Borough. These provisions shall be applied by the Zoning Officer for uses permitted as a matter of right, or by the Zoning Hearing Board for uses permitted by special exception. These requirements shall supplement requirements that may be found in the zoning district applicable to a specific property, as well as generally applicable standards including, but not necessarily limited to, parking, loading, and sign standards.

§ 27-1502 Requirements for Specific Uses.

[Ord. No. 1-2022, 5/10/2022]
1. 
Apartment Buildings.
A. 
The maximum number of dwelling units in any apartment building shall be 20.
B. 
Windows shall constitute a minimum of 25% of the total area of every external wall.
C. 
Parking for Apartment Buildings. Off-street parking shall not be located between the front facade of the apartment building and the adjoining street right-of-way or access drive. Such parking shall be provided in one or more of the following locations:
(1) 
In a common parking lot located to the rear of the apartment building.
(2) 
In a common garage located underneath the building and accessed from the rear of the apartment building.
(3) 
In garage spaces dedicated to individual dwelling units and accessed from the side or rear of the apartment building.
(4) 
A maximum of two access driveways are permitted to provide access to a common parking area from public streets or main internal circulation driveways.
D. 
Architectural styles and building materials shall be similar to those found in surrounding residential areas. An architectural rendering shall be supplied showing all architectural elements and indicating construction materials.
E. 
Where an apartment complex comprised of two or more apartment buildings is proposed, the following additional standards shall apply:
(1) 
The front facade of any apartment building shall be no closer than 30 feet to any facade of any other Apartment Building.
(2) 
The side and rear facades of an apartment building shall be no closer than 20 feet to the side and rear facades of any other apartment building.
2. 
Bed-and-Breakfast Operation.
A. 
A maximum of 10 rooms or suites are permitted in a bed-and-breakfast operation.
B. 
Meals served at bed-and-breakfast operations shall be limited to breakfasts.
C. 
Cooking facilities are prohibited in all guest rooms.
D. 
Common rest rooms are permitted in bed-and-breakfast operations. If common rest rooms are used, a minimum of one common rest room shall be provided for every two guest rooms.
E. 
Any required exterior improvements to the building, such as those required to meet applicable fire safety requirements, shall be located to the rear of the building and shall not detract from the residential character of the building.
F. 
Either the bed-and-breakfast operation owner or a designated operator shall maintain a permanent residence within the bed-and-breakfast operation.
G. 
Permitted Accessory Uses. Within a bed-and-breakfast operation, common rooms may be used for the following purposes: galley for local artists; sales of antiques, collectibles, or similar products; sales of locally produced crafts, artwork, or similar products; or coffee or tea room where coffee, tea, and light refreshments are served. No accessory use shall be permitted within rooms used as guest rooms. Where a permitted accessory use is proposed, hours of operation shall be limited to 11:00 a.m. to 6:00 p.m.
3. 
Child-Care Facility or Group Child Care.
A. 
An outdoor play area meeting the following standards shall be provided:
(1) 
An outdoor play area shall be provided at a rate of 65 square feet per child.
(2) 
Off-street parking lots shall not be used as outdoor play areas.
(3) 
Outdoor play areas shall not be located within the front yard.
(4) 
Outdoor play areas shall be completely enclosed by a minimum four-foot high fence, and screened from adjoining residentially zoned properties.
B. 
Passenger drop-off and pick-up areas shall be provided on site and arranged so that the passengers do not have to cross traffic lanes on or adjacent to the site.
C. 
All child-care center or group child care facilities shall obtain and maintain proper licensure from the Commonwealth of Pennsylvania.
4. 
Conference Centers.
A. 
Conference centers may include a range of component uses. Such uses shall be comprehensively listed to the Borough and may include the following:
(1) 
Banquet halls.
(2) 
Day-care facilities.
(3) 
Hotels.
(4) 
Meeting rooms.
(5) 
Other uses deemed by the Zoning Hearing Board to be consistent with the above uses and accessory to the conference function of the facility.
(6) 
Personal service shops.
(7) 
Restaurants.
(8) 
Retail stores.
(9) 
Taverns.
B. 
The vehicle entrance to the conference center complex shall be located either along an arterial street as defined in the Southwest Adams Joint Comprehensive Plan or along a lesser classification street but within 0.5 mile of an intersection with an arterial street.
C. 
All conference center facilities and accessory components shall be located inside a building or buildings. Pedestrian connections shall be provided between the conference center facilities and all accessory component that allow attendees to move from one venue to another without having to go outside.
5. 
Conversion Housing.
A. 
Existing single-family detached dwellings may be converted to either two or three dwellings, provided that the property meets the lot area per dwelling unit standard of the underlying zoning district for conversion housing use.
B. 
The exterior of the building shall retain its original single-family detached residential appearance. Any external stairways to upper floor dwellings and any fire escapes shall be located to the rear of the building.
C. 
No building additions shall be permitted, within the context of applying for and receiving the necessary approvals for a conversion housing project, where the sole purpose of the building addition is to add livable floor area to the existing single-family detached dwelling to allow for additional dwelling units within the conversion housing project. The number of permitted dwelling units within a conversion housing project shall be based on the floor area of the single-family detached dwelling at the time of application for the conversion housing project.
D. 
Public or central sewer service shall be required.
E. 
Should a parking lot be required to provide the minimum parking spaces for the use, such parking lot shall be located to the rear of the building. Existing garage and driveway area may be used to provide the required minimum parking spaces provided that the parking spaces are oriented in a manner that vehicle egress from all parking spaces can be accomplished without having to move another vehicle.
F. 
All dwelling units within a conversion housing project shall comply with all applicable requirements of the Pennsylvania Uniform Construction Code. Applying for and receiving any applicable permit in accordance with the requirements of the Pennsylvania Uniform Construction Code shall be a condition of any zoning approval to establish a conversion housing use.
6. 
Distribution Center.
A. 
All operations, excluding truck loading and off-loading, shall be conducted within an enclosed building. Loading facility doors shall be closed at all times other than when a truck is loading or off-loading products.
B. 
There shall be no outdoor storage of products, including packaged products or products in delivery containers, being processed by the distribution center.
C. 
Access to the distribution center shall be from a minor arterial street or higher classification as identified in the Southwest Adams Joint Comprehensive Plan.
D. 
Any overnight parking area for trucks shall be fully screened from view from any adjoining residential parcels. Where a fence is used as part of this screening, landscaping shall be provided along the outside edge of the fence.
7. 
Family Child Care.
A. 
An outdoor play area meeting the following standards shall be provided:
(1) 
An outdoor play area shall be provided at a rate of 65 square feet per child.
(2) 
Off-street parking lots shall not be used as outdoor play areas.
(3) 
Outdoor play areas shall not be located within the front yard.
(4) 
Outdoor play areas shall be completely enclosed by a minimum four-foot high fence, and screened from adjoining residentially zoned properties.
B. 
Passenger drop-off and pick-up areas shall be provided on site and arranged so that the passengers do not have to cross traffic lanes on or adjacent to the site.
C. 
Family child-care facilities shall obtain and maintain proper licensure from the Commonwealth of Pennsylvania.
8. 
Farm Equipment Sales Facility.
A. 
A minimum lot area of two acre and lot width of 200 feet shall be required.
B. 
No outdoor storage of equipment is permitted within 50 feet of the right-of-way line or 25 feet of the side or rear property lines.
C. 
A land development plan shall be approved in accordance with applicable requirements of Chapter 22, Subdivision and Land Development. If special exception approval precedes land development plan submission, approval of the land development plan shall be a condition of any special exception approval granted in accordance with this section.
9. 
Farm Market and/or Agricultural Tourism.
A. 
A farm market shall be intended to offer for sale primarily agricultural products produced either on the farm where the farm market is located or on other farms located within Adams County, as well as other agriculturally related products. A minimum of 25% of the sales from the farm market shall be agricultural or agriculturally related products produced either on the farm or on surrounding farms within Adams County. A maximum of 75% of the sales from the farm market may be from products produced outside Adams County.
B. 
Agricultural tourism is deemed to include a variety of activities designed to provide recreation, entertainment, education, and/or tourism opportunities within an agricultural setting. Agricultural tourism includes hay rides, corn or hay mazes, petting zoos comprised of farm animals, farm tours, historical or living history farms, farm museums, U-pick operations, tree farms, wineries (with wine tasting rooms and wine sales areas) or other operations deemed by the Zoning Hearing Board, upon Planning Commission review and recommendation, to be of the same general nature as the above uses. Agricultural tourism uses may be operated as a stand-alone use or as an accessory use to a farm market.
C. 
The owner of the farm market/agricultural tourism use shall be the owner of the farm upon which the farm market/agricultural tourism use is located.
D. 
Farm market and agricultural tourism uses shall be located on a farm or on a property of at least five acres in size on which agricultural products are grown or produced.
E. 
The maximum floor area of any structure devoted to a farm market/agricultural tourism use shall be 15,000 square feet of publicly accessible sales activity area.
F. 
A farm market and/or agricultural tourism use shall contribute to the total number of uses or lots that may be developed on a property in accordance with the scale established in § 27-403, Subsection 1A, of this chapter.
G. 
Off-street parking and loading for farm markets and agricultural tourism uses shall be provided and designed in accordance with applicable requirements of Part 16 of this chapter. The amount of off-street parking for agricultural tourism uses to be provided shall be determined by the Zoning Hearing Board in accordance with testimony provided by the applicant regarding the anticipated volume of customer traffic associated with the agricultural tourism use.
10. 
Farm-Related Business.
A. 
A farm-related business is deemed to include one or more of the following and similar uses:
(1) 
Animal care, including, but not necessarily limited to, farriers.
(2) 
Custom butchering.
(3) 
Plant nursery.
(4) 
Specialty foods sales.
(5) 
Specialty products sales.
(6) 
Taxidermists.
B. 
The owner or other person having primary interest in the farm-related business shall be a full-time resident of the farm where the farm-related business is proposed to be located.
C. 
No more than four persons, other than residents of the farm, shall be employed in the farm-related business on a full-time basis. During peak business periods, no more than five additional persons, other than residents of the farm, shall be employed in the farm-related business on a part-time basis, provided that sufficient off-street parking, meeting the applicable requirements of this chapter, is provided for all employees on the site.
D. 
The portion of the farm devoted to all farm-related business shall not exceed two acres or 10% of the area of the farm, whichever is less.
E. 
The maximum floor area of any structure devoted to a farm-related business shall not exceed 5,000 square feet.
F. 
The proposed use shall be conducted entirely within an enclosed building. Outdoor display of products or merchandise shall be prohibited, except for plant nurseries and specialty food sales.
G. 
Sale of food items or specialty products shall be limited to those produced on the premises and products relating to services performed on the premises.
11. 
Farm Stand.
A. 
The farm stand structure where agricultural products are sold shall not exceed 1,000 square feet in area. Sale of agricultural products from a structure in existence prior to the effective date of this chapter shall be exempted from this requirement.
B. 
Off-street parking shall be provided in accordance with applicable provisions of Part 16.
12. 
Farm Worker Housing.
A. 
The occupants of the farm worker housing facility shall be employed as laborers on the farm or agricultural operation where the farm worker housing facility is located.
B. 
The owner of the property shall not lease the farm worker housing facility dwelling unit(s) to persons not employed by the farm or agricultural operation.
C. 
The owner of the property shall maintain the farm worker housing facility in compliance with any applicable Pennsylvania Department of Agriculture requirements or other state requirements for farm labor housing.
13. 
Financial Institutions With Drive-Through Service.
A. 
The drive-through facility, including the drive-through lane, automated teller machine, and/or service window, shall be located to the side or rear of the financial institution building. In no instance may any component of the drive-through facility be located in the front yard.
B. 
Vegetative screening shall be located between all components of the drive-through facility and any adjoining residential use or any property in the R1, R2, or R3 Districts.
C. 
The drive-through facility must have a lane that is dedicated to the conduct of drive-through business. The lane shall include sufficient length to allow for stacking of a minimum of six vehicles waiting for window or automated teller machine service. The stacking area shall not be used for parking lot circulation aisles or in any way conflict with parking or vehicle and pedestrian circulation.
14. 
Group Home.
A. 
The provider and the structure shall be permitted and licensed by the appropriate county and/or state agencies and shall comply with all applicable rules and regulations. Copies of said permits and licenses shall be submitted as a component of the zoning permit application.
B. 
The zoning permit application shall identify the following:
(1) 
The sponsoring agency.
(2) 
The address and telephone number of the sponsoring agency.
(3) 
A contact person of the sponsoring agency.
(4) 
The proposed number of residents.
C. 
There shall be twenty-four-hour resident supervision by people qualified by training and experience in the field for which the group home is intended.
D. 
Any medical or counseling services provided shall be done so only for residents.
E. 
There shall be no alteration to the outside of the structure that would alter the residential character of the dwelling, be inconsistent with the basic architecture styles of the surrounding neighborhood, or be otherwise incompatible with surrounding dwellings.
15. 
Heavy Industrial Use.
A. 
Proposed heavy manufacturing uses shall provide to the Borough copies of all applicable state and federal emission, disposal, operation, transportation and other permits required by state and/or federal law before a zoning permit will be issued.
B. 
The outdoor storage of raw or finished materials or products shall be permitted, provided that all materials and/or products are fully screened from view from all nonresidential parcels. Where a fence is used as part of this screening, landscaping shall be provided along the outside edge of the fence.
C. 
Materials shall not be piled or stacked higher than the screening, landscaping and/or fence.
D. 
Where the site abuts a residential zone or district permitting residential use, the building wall facing such lots shall not have any service door openings or loading docks oriented toward the residential zone.
16. 
Home Occupation.
A. 
A home occupation is deemed to include, but is not necessarily limited to, the following types of occupations: barber; hairdresser; dressmaker; milliner; professional office of attorney, architect, landscape architect, community planner, engineer, accountant, physician, dentist, realtor, insurance agent, clergyman, teacher, artist, horticulturist, or surveyor; clerical, typing and/or word processing services; family child care; sales of specialty "Homemade Food" products, which require licensing for home production by a State and/or local health agency; sales of canned, pickled, preserved, or similarly processed fruits and vegetables, where such fruits and vegetables, were grown in a personal garden; and appliance repair, provided that no work may be performed out of doors and no appliances may be stored out of doors. Other occupations in addition to those listed above may be considered to be home occupations provided it is determined that such occupations are of the same general character as those occupations listed above.
B. 
The person conducting the home occupation shall reside within the dwelling located on the lot.
C. 
No more than two persons other than family members who reside within the dwelling may be employed by the home occupation.
D. 
No more than 25% of the livable floor area of the dwelling may be devoted to the home occupation. Where the home occupation is operated either fully or partially within an accessory building on the lot, no more than 500 square feet of floor area in the accessory building may be devoted to the home occupation use. The applicant shall submit floor plans of the dwelling or the accessory building devoted to home occupation use. Said floor plans shall clearly depict the portion of the building devoted to home occupation use.
E. 
The dwelling or accessory building in which the home occupation is conducted shall retain a residential design and character. The applicant shall submit photographs of the existing building and shall submit architectural drawings of said building if an addition is proposed in support of the home occupation use. Said photographs and/or architectural drawings shall demonstrate that residential design and character will be retained.
F. 
Permit Required.
[Ord. No. 4-2023, 10/10/2023]
(1) 
Requests for a home occupation permit shall be made to the Zoning Officer: a) identifying how the proposed use constitutes a home occupation; and b) identifying the applicant's plan for complying with the criteria set forth in this section and all other applicable ordinances. The applicant shall agree by signature on the permit to the terms of the permit.
(2) 
If the Zoning Officer issues a permit, such permit shall be valid for a period of two years, provided that the permittee maintains compliance with all criteria for a home occupation permit. Any permit issued pursuant to this section must be renewed every two years and is nontransferable. The permit may be revoked by the Zoning Officer upon 30 days' notice if permittee fails to meet the criteria for a home occupation permit.
(3) 
An applicant shall pay any application fee in accordance with § 27-1914 herein.
17. 
Homestay.
A. 
A maximum one guest room or suite is permitted within a homestay.
B. 
Any proposed homestay shall be compatible with the neighborhood in which it is located in terms of landscaping, scale, and architectural character. The use shall be harmonious and compatible with the existing uses within the neighborhood.
C. 
The operator of the homestay shall be the owner of the dwelling and permanently reside on the premises.
D. 
Guest rooms or suites shall meet current minimum room size and related dimensional requirements as may be defined in the Pennsylvania Uniform Construction Code, or similar applicable code.
E. 
The operator of the homestay must demonstrate that the homestay is registered with the Adams County Treasurer's Office in compliance with County Ordinance No. 3 of 2012 for the payment of hotel room rental tax.
18. 
Infill Housing.
A. 
An infill housing project may be proposed on one or more vacant lots, one or more developed lots where the proposed infill housing will replace the existing development, or a combination of vacant and developed lots.
B. 
Maximum site area: the maximum site area for an infill housing project shall be two acres.
C. 
Maximum number of buildings: an infill housing project shall include a maximum of one building.
D. 
Number of dwelling units: the maximum number of dwelling units in an Infill housing project shall be calculated by dividing the site area by the applicable minimum lot area per dwelling unit standard of the underlying zoning district for infill housing use. Where this calculation results in a portion of a dwelling unit, the number shall be rounded down.
E. 
Dwelling Unit Types. The following dwelling unit types shall be permitted within an infill housing project:
(1) 
Single-family semidetached.
(2) 
Two-family.
(3) 
Single-family attached, in accordance with § 27-1502, Subsection 32.
(4) 
Apartment building, in accordance with § 27-1502, Subsection 1.
F. 
Architectural features for an infill housing project shall be similar to those found on properties surrounding the project site. An architectural rendering shall be provided with any zoning application for an infill housing project. The rendering shall identify the architectural features for the site that are similar to those on surrounding properties, and shall confirm that proposed materials are comparable to those already used in the setting.
G. 
Public or central sewer service shall be required.
H. 
All dwelling units within an infill housing project shall be served by a single, shared driveway.
I. 
Should a parking lot be required to provide the minimum parking spaces for the use, such parking lot shall be located to the rear of the building. Existing garage and driveway area may be used to provide the required minimum parking spaces, provided that the parking spaces are oriented in a manner that vehicle egress from all parking spaces can be accomplished without having to move another vehicle.
J. 
All dwelling units within an infill housing project shall comply with all applicable requirements of the Pennsylvania Uniform Construction Code. Applying for and receiving any applicable permit in accordance with the requirements of the Pennsylvania Uniform Construction Code shall be a condition of any zoning approval to establish an infill housing use.
19. 
Mixed-Use Property.
A. 
Entrances to nonresidential uses within a mixed-use property building shall be located along a public street. Nonresidential use access may be taken from either a single entrance that serves two or more nonresidential uses, or may be taken from individual entrances. Where the mixed-use property is located on a corner lot, the nonresidential entrance or entrances shall be located along the street to which the property is addressed.
B. 
Entrances to residential uses in a mixed-use property building may be located at any location, provided the following standards are met:
(1) 
No residential entrance shall be located in a manner that requires the residential occupant to have walk through another use to access the entrance to the dwelling unit. This provision does not preclude internal foyer access to multiple units.
(2) 
Any residential entrance not located along the front of the mixed-use property building shall be connected to the public sidewalk at the front of the building by an access sidewalk.
20. 
Mobile Home Park.
A. 
Mobile Home Park Permit.
(1) 
No person shall construct, alter, maintain, operate, or extend a mobile home park within the Borough without a valid mobile home park permit.
(2) 
Mobile home park permits shall be issued by the Zoning Officer under the following circumstances:
(a) 
The initial mobile home park permit shall only be issued following:
1) 
Approval of a special exception application by the Zoning Hearing Board; and
2) 
Approval of a land development plan by the Carroll Valley Borough Council in accordance with the procedures and requirements set forth in Chapter 22, Subdivision and Land Development.
(b) 
The mobile home park permit shall be issued for a period of no more than one year, and shall be renewed every following one year. The Zoning Officer shall inspect the mobile home park prior to granting the annual permit renewal for conformance with all provisions of this chapter.
B. 
Mobile Home Park Registry.
(1) 
The mobile home park owner shall keep a registry and to report therein the name of the person or head of family occupying each mobile home, showing date of entry upon such land, license number of automobile, serial number, make, size, and description of mobile home, the last permanent address of the person or head of family using said mobile home, and the names of all persons using or living in said mobile home.
(2) 
Said registry and the mobile home park shall be subject to inspection periodically by the Zoning Officer.
(3) 
The mobile home park owner shall notify the Borough for tax purposes or any proper municipal purpose whenever a mobile home is moved into or out of the mobile home park.
C. 
Site Plan Objectives. In considering and acting upon site plans for mobile home parks, the Zoning Hearing Board shall, within the context of its special exception review process, take into consideration the public health, safety, and welfare, the comfort and convenience of the public in general and of the residents of the immediate neighborhood in particular, and may prescribe appropriate conditions and safeguards as may be required in order that any special exception approval furthers the intent of the Southwest Adams County Joint Comprehensive Plan, and accomplishes the following objectives in particular:
(1) 
Traffic Access. That all proposed access ways are adequate but not excessive in number; adequate in width, grade, alignment, and visibility; not located too near existing street corners or other places of public assembly; and other similar safety considerations.
(2) 
Circulation and Parking. That adequate off-street parking and loading spaces are provided to prevent parking in public streets of vehicles of persons connected with or visiting the mobile home park, and that the interior circulation system is adequate to provide safe accessibility to all required off-street parking lots.
(3) 
Landscaping and Screening. That playground, parking, and service areas are reasonably screened at all seasons of the year from the view of adjacent residential lots and streets and that the general landscaping of the site is in character with that generally prevailing in the neighborhood.
(4) 
Illumination. That outdoor spot or flood lighting will be arranged to as to prevent direct view of the light bulb or the lens covering the light bulb from any mobile home lot, any abutting property, mobile home park street, or public rights-of-way. Full cut-off fixtures shall be used to achieve this standard.
(5) 
Other Requirements. That all Borough or state requirements pertaining to health, safety, drainage, signs, slopes, prevention of nuisances, and other pertinent matters are adequately provided for.
D. 
Minimum Site Requirements.
(1) 
The mobile home park site shall be well drained and have such grades and soil as to make it suitable for the purpose intended.
(2) 
The mobile home park shall be planned as a unit and shall be located on a site of at least 10 acres in size. The area of said site shall be in single ownership or under unified control.
(3) 
Existing trees over eight inches in diameter measured 4 1/2 feet above the average ground level shall be inventoried and presented as an existing condition on the site plan included in the special exception application. Removal of such trees shall be minimized, and the Zoning Hearing Board may consider conditions with any special exception approval to retain such trees.
(4) 
Maximum Lot Coverage.
(a) 
For the entire mobile home park, the maximum lot coverage shall be 50%.
(b) 
For individual mobile home lots within a mobile home park, the maximum lot coverage shall be 60%.
(5) 
Minimum Vegetative Coverage.
(a) 
For the entire mobile home park, the minimum lot coverage shall be 50%.
(b) 
For individual mobile home lots within a mobile home park, the minimum lot coverage shall be 40%.
E. 
Minimum Mobile Home Lot Requirements.
(1) 
All mobile home lots shall be well drained and graded for safe placement of mobile homes. In all instances, as much natural vegetation as possible shall be preserved by the developer.
(2) 
Individual mobile home lots shall contain at least 5,000 square feet of lot area and shall not be less than 50 feet wide at the building setback line exclusive of easements.
(3) 
The maximum number of mobile home lots that may be approved shall be computed as follows:
(a) 
Identify Resource Restriction Area. The resource restriction area shall include any portion of the site subject within the FO District, designated as wetlands, within a road right-of-way, within a public utility easement, and with steep slopes of 25% or greater.
(b) 
Calculate project area: subtract the resource restriction area from the gross lot area to calculate the project area.
(c) 
Calculate maximum building area: multiply the project area by 0.9 to calculate the maximum building area.
(d) 
Calculate maximum number of dwelling units: divide the maximum building area by 5,000 square feet to calculate the maximum dwelling units for the mobile home park.
F. 
Minimum Setback Requirements.
(1) 
Mobile home lots shall be located at least 75 feet from any road right-of-way which abuts a mobile home park boundary, and at least 50 feet from any other mobile home park boundary.
(2) 
Setbacks. Minimum setbacks for individual mobile home lots shall be as follows:
(a) 
Minimum front setback: 25 feet.
(b) 
Minimum side setback: 10 feet.
(c) 
Minimum rear setback: 10 feet.
(3) 
Separation Distance. Mobile homes shall be separated from other mobile homes and from other buildings by at least 20 feet.
G. 
Mobile Home Park Street System.
(1) 
Access. Access to the mobile home park shall be designed to minimize congestion and hazards at the entrances and exits and to allow free movement of traffic on adjacent streets. A mobile home park shall be provided with a minimum of two points of ingress and egress from a public street. The minimum distance between access points shall be subject to the minimum distance between street intersections requirements of Chapter 22, Subdivision and Land Development.
(2) 
Lot Access. The mobile home park shall be provided with safe and convenient paved streets to and from every mobile home lot. Alignment and gradient of all streets shall be properly adapted to topography.
(3) 
Streets. All streets within a mobile home park shall conform to the street design and construction standards set forth in Chapter 22, Subdivision and Land Development.
H. 
Off-Street Parking.
(1) 
Off-street parking for occupants and guests of the mobile home park shall be provided in accordance with applicable standards of Part 16 of this chapter.
(2) 
Off-street parking may be provided either on parking spaces located on individual mobile home lots, or within parking lots located and designed to accommodate the needs of multiple mobile home lots. Where parking lots are proposed, such parking lots shall be located within 200 feet of the mobile home lots they serve, and shall be designed in accordance with applicable standards of Part 16.
I. 
Utility Improvements.
(1) 
Water Distribution. The mobile home park shall be served by a public or community water system approved by the State Department of Environmental Protection and the Borough.
(2) 
Sewage Disposal. The mobile home park shall be served by a public sanitary sewage disposal system approved by the State Department of Environmental Protection and the Borough.
(3) 
Electrical Distribution. The mobile home park shall have an underground electrical distribution system which shall be installed and maintained in accordance with the local electric power company's specifications regulating such systems.
(4) 
Natural Gas System. The mobile home park may be supplied with a natural gas system. When proposed, said natural gas system shall comply with the following standards:
(a) 
Natural gas piping systems in mobile home parks shall be installed and maintained in conformity with accepted engineering practices.
(b) 
Each mobile home lot provided with piped gas shall have an approved shutoff valve installed upstream of the gas outlet. The outlet shall be equipped with an approved cap to prevent accidental discharges of gas when the outlet is not in use.
(5) 
Liquefied Petroleum Gas. Liquefied petroleum gas (LPG) systems may be provided for mobile homes, service buildings, or other structures. When provided, LPG systems shall comply the following standards:
(a) 
LPG systems shall have safety devices to relieve excessive pressure and shall be located so that the discharge terminates at a safe location.
(b) 
LPG systems shall have at least one accessible means for shutting off the gas. Such means shall be located outside the mobile home and shall be maintained in effective operating condition.
(c) 
All LPG piping outside the mobile home shall be supported and protected against mechanical injury. Undiluted petroleum gas in liquid form shall not be conveyed through piping equipment and systems in mobile homes.
(d) 
Vessels of more than 12 and less than 60 gallons gross capacity must be securely but not permanently fastened to prevent accidental overturning.
(e) 
No LPG vessel shall be stored or located inside or beneath any storage cabinet, carport, mobile home, or any other structure unless such installations are specially approved by the Zoning Officer.
(6) 
Fuel Oil Supply Systems. Fuel oil supply systems may be provided for mobile homes, service buildings, or other structures. When provided, such systems shall comply the following standards:
(a) 
All fuel oil supply systems provided for mobile homes, service buildings, and other structures shall be installed and maintained in conformity with such rules and regulations as shall be required by the Zoning Hearing Board upon recommendation of the Planning Commission and the Borough Engineer.
(b) 
All piping from outside fuel storage tanks or cylinders to mobile homes shall be securely but not permanently fastened in place.
(c) 
All fuel oil supply systems to mobile homes, service buildings, and other structures shall have shutoff valves located within five inches of storage tanks.
(d) 
All fuel oil tanks or cylinders shall be securely placed and shall be not less than five feet from any mobile home exit.
(e) 
Storage tanks located in areas subject to traffic shall be protected against physical damage.
J. 
Open Space.
(1) 
The minimum open space area within the mobile home park shall be computed in accordance with the following:
(a) 
Identify Resource Restriction Area. The resource restriction area shall include any portion of the site subject within the FO District, designated as wetlands, within a road right-of-way, within a public utility easement, and with steep slopes of 25% or greater.
(b) 
Calculate project area: subtract the resource restriction area from the gross lot area to calculate the project area.
(c) 
Calculate the portion of the project area that must be devoted to open space: multiply the project area by 0.1 to calculate the minimum portion of the project area that must be devoted to open space.
(d) 
Calculate the minimum open space area: add the resource restriction area to the minimum portion of the project area that must be devoted to open space to calculate the minimum open space area.
(2) 
The open space area within the mobile home park shall be used for the protection of natural resources identified within the resource restriction area and for active and passive recreation areas for the benefit of the residents of the mobile home park. The open space area shall not include individual mobile home lots, mobile home park streets, off-street parking lots, or utility systems (including stormwater management facilities). All of these and related features shall be located within the maximum building area of the mobile home park.
(3) 
Recreation Park. At least one recreation park shall be located within the designated open space area of the mobile home park. Recreation parks shall meet the following standards:
(a) 
The recreation park shall be centrally located within the mobile home park to ensure direct accessibility by residents.
(b) 
The recreation park shall be directly accessible from the common walkway system provided along the mobile home park streets. Designs where the recreation park is surrounded on all sides by mobile home lots are expressly prohibited.
(c) 
The recreation park shall include recreation facilities of sufficient number, extent, and variety to serve the needs of the residents of the mobile home park. Recreation facilities may include, but are not necessarily limited to, playground equipment, gazebo, picnic areas, walking paths, and exercise equipment. The site design shall specifically identify the range of recreation facilities to be provided, and the special exception application shall include an analysis confirming that the proposed recreation facilities will be sufficient to serve the recreation needs of the residents.
(d) 
The recreation park shall be constructed and ready for use upon initial occupation of mobile home lots by tenants.
(4) 
Existing Trees. Retention of existing trees as inventoried in accordance with Subsection D(3) above shall be a consideration when identifying the extent of the minimum open space area. The Zoning Hearing Board may, within the context of any special exception approval, require the maximum incorporation of inventoried trees into the open space area.
K. 
Buffer Strips. A suitably screened or landscaped buffer strip at least 10 feet wide, approved by the Zoning Hearing Board upon recommendation of the Planning Commission, shall be provided by the developer along all property and street boundary lines. The buffer strip may contribute to the minimum open space area for the mobile home park, provided that the buffer strip is available for use by residents for active or passive recreation purposes, including, but not necessarily limited to, walking and bicycling trails.
L. 
Walkways.
(1) 
A common walkway system shall be provided and maintained between locations where pedestrian traffic is concentrated. At a minimum, common walkways shall be provided as sidewalks along both sides of all streets, and shall have a minimum width of four feet.
(2) 
All common walkways shall meet all applicable design and construction requirements of Chapter 22, Subdivision and Land Development.
(3) 
Individual mobile home lots shall be provided with individual walkways connected to common walkways, paved streets, paved driveways, and parking places. Such individual walks shall have a minimum width of two feet.
M. 
Signs and Lighting.
(1) 
Signs may be permitted in accordance with the provisions of Part 17 of this chapter.
(2) 
All means of ingress and egress, walkways, streets, and parking lots shall be adequately lighted. Lighting will be arranged to as to prevent direct view of the light bulb or the lens covering the light bulb from any mobile home lot, any abutting property, mobile home park street, or public rights-of-way. Full cut-off fixtures shall be used to achieve this standard.
N. 
Other Site Improvements.
(1) 
The owner of the mobile home park shall ensure that a fire extinguisher of a type approved by the first response volunteer fire company be maintained in each mobile home and in all public service buildings.
(2) 
Each lot shall be provided with a four inch concrete slab on a stable surface at least 10 feet by 18 feet in size for use as a terrace, and so located as to be adjoining and parallel to the mobile home.
(3) 
An enclosure of compatible design and material shall be erected around the entire base of each mobile home. Such enclosure shall provide sufficient ventilation to inhibit decay and deterioration of the structure.
O. 
Exclusive Use for Residential Purposes. No part of any mobile home park shall be used for any nonresidential purpose, except such uses as are required for the direct servicing and well-being of park residents and for the management and maintenance of the park. This provision shall not be interpreted to preclude occupants of individual mobile homes from conducting no-impact home-based businesses or home occupations as may be permitted within the underlying zoning district, provided that the mobile home park owner does not preclude such uses.
P. 
Supervision of Mobile Home Placement. The management of the mobile home park shall supervise the placement of a mobile home, including the anchoring of the mobile home and the installation of utilities.
Q. 
Sale or Transfer of Individual Mobile Homes. Nothing contained in this chapter shall be deemed as prohibiting the sale of an individual mobile home located on an individual mobile home lot and connected to the pertinent utilities.
21. 
No-Impact Home-Based Business.
A. 
The business activity shall be compatible with the residential use of the property and surrounding residential uses.
B. 
The business shall employ no employees other than family members residing in the dwelling.
C. 
There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.
D. 
There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.
E. 
The business activity may not use any equipment or process, which creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.
F. 
The business activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.
G. 
The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.
H. 
The business may not involve any illegal activity.
I. 
Permit Required.
[Ord. No. 4-2023, 10/10/2023]
(1) 
Requests for a no-impact home based business permit shall be made to the Zoning Officer i) identifying how the proposed use constitutes a no-impact home based business; and ii) identifying the applicant's plan for complying with the criteria set forth in this section and all other applicable ordinances. The applicant shall agree by signature on the permit to the terms of the permit.
(2) 
If the Zoning Officer issues a permit, such permit shall be valid for a period of two years, provided that the permittee maintains compliance with all criteria for a no-impact home-based business permit. Any permit issued pursuant to this section must be renewed every two years and is nontransferable. The permit may be revoked by the Zoning Officer upon 30 days' notice if permittee fails to meet the criteria for a no-impact home-based business permit.
(3) 
An applicant shall pay any application fee in accordance with § 27-1914 herein.
22. 
Parking Garage.
A. 
For a parking garage provided as an accessory use to another principal use, the parking garage shall be located either to the rear or the side of the principal use.
B. 
For a parking garage provided as a principal use, the parking garage shall be located on the property in accordance with the dimensional standards of the underlying zoning district. In addition, the following standards shall apply:
(1) 
The parking garage shall front on a new street developed as a component of the project for which the parking garage is intended to serve. The parking garage shall not front on any street that existed prior to the adoption of this chapter.
(2) 
The parking garage shall not be located on a corner lot, even if one of the streets forming the intersection is developed as a component of the project for which the parking garage is intended to serve.
C. 
The parking garage shall be designed with architectural features that are consistent with applicable requirements of the underlying zoning district. In addition, the following standards shall apply:
(1) 
Architectural design is required that provides horizontal and vertical breaks in all facades of the building.
(2) 
Parking garages may be proposed using either an open or a closed design. In an open design, the openings on each floor shall be arranged in a manner that is consistent with the horizontal and vertical breaks in the facades of the building. In a closed design, the opening on each floor shall be arranged to accommodate windows in a manner that is consistent with the horizontal and vertical breads in the facades of the building. In either case, the resultant architectural design shall convey the appearance of windows arranged in a manner consistent with how windows are provided on other buildings within the development the parking garage serves.
(3) 
The architectural design shall preclude view of any vehicle parked within the parking garage.
D. 
The parking garage shall be designed to include other uses within the facility. At a minimum, the provision of retail space of the ground floor of the facility shall be required. Professional office space, business office space, and apartments may be permitted within upper levels of the facility. In addition, the following standards shall apply:
(1) 
Entrance and access to other uses within a parking garage shall comply with the entrance and access standards applicable to mixed-use property, and specifically in accordance with § 27-1502, Subsection 19, of this chapter.
(2) 
The entrance to permitted retail spaces shall be directly access from, and connected to, the sidewalk along the street the parking garage fronts.
23. 
Produce Stand.
A. 
Sales from a produce stand shall be limited to those fruits and vegetables grown in a personal garden on a residential property.
B. 
The produce stand shall be comprised of a temporary accessory structure, including, but not limited to a shed, table, or similar structure, of no more than 100 square feet.
C. 
The produce stand structure is not required to comply with the setback requirements ordinarily applied to the property, but the structure shall not be placed in any road right-of-way.
D. 
The produce stand structure shall be removed when the produce stand is not in operation.
E. 
Off-street parking shall be provided in accordance with applicable provisions of Part 16.
24. 
Recycling Facility.
A. 
All operations, including collection, shall be conducted within an enclosed building. Access doors for trucks shall be closed at all times other than when a truck is off-loading materials to be recycled or on-loading process materials.
B. 
There shall be no outdoor storage of materials collected, used, or generated by the recycling facility.
C. 
The operator shall document with the Borough a written explanation describing the scope of the operation and the measures to be used to mitigate any problems associated with noise, fumes, dust, or litter. Such written explanation shall include a detailed explanation of site maintenance and stray debris collection.
D. 
Access to the recycling facility shall be from a roadway classified of no less than a minor arterial street as identified in the Southwest Adams Joint Comprehensive Plan.
E. 
Any special exception approval for a recycling facility shall include a condition that the application receive all applicable Pennsylvania Department of Environmental Protection approvals and any similar state approvals. Further, such approvals shall be obtained by the applicant before any zoning permit approval for the use is approved.
25. 
Rental Storage.
A. 
The minimum aisle width between buildings shall be 24 feet.
B. 
Aisles shall be designed to enable large vehicle movement through the site. The applicant shall submit a graphic depicting truck turning movements to demonstrate that large vehicles can move through the site without contacting buildings or being forced to make reverse movements.
C. 
Aisles shall be paved. Suitable paving material shall be asphalt or concrete.
D. 
Storage of explosive, radioactive, toxic, highly flammable, or otherwise hazardous materials shall be prohibited.
E. 
No tenant renting a storage unit shall be permitted to operate a business out of or from the storage unit.
F. 
All storage shall be within closed buildings built on a permanent foundation of durable materials. Trailers, box cars or similar impermanent or movable structures shall not be used for storage.
G. 
Outdoor vehicle storage is permitted and shall comply with the following requirements:
(1) 
Outdoor vehicle storage shall be screened to prevent view from adjacent streets, residential uses, or land within the R1, R2, R3, or CC Districts.
(2) 
Stored vehicles shall not interfere with traffic movement through the facility.
(3) 
Spaces for outdoor vehicle storage shall be marked in manner consistent with § 27-1603, Subsection 1E.
H. 
The facility shall be surrounded by a fence of at least six feet but not more than eight feet in height.
I. 
All lighting shall be arranged so as to prevent direct view of the light bulb or the lens covering the light bulb from adjoining properties and/or public rights-of-way. Full cut-off light fixture shall be used to achieve this standard.
J. 
A landscaped buffer of no less than 10 feet in width shall be provided around the perimeter of the facility. At least one major deciduous tree shall be planted for every twenty-foot segment of the buffer.
26. 
Resort.
A. 
Resorts may include a range of component uses. Such uses shall be comprehensively listed to the Borough and may include the following:
(1) 
Outdoor recreation uses, such as, but not limited to, golf courses and ski slopes.
(2) 
Hotels.
(3) 
Conference center.
(4) 
Restaurants.
(5) 
Taverns.
(6) 
Retail stores.
(7) 
Personal service shops.
(8) 
Day-care facilities.
(9) 
Other uses deemed by the Zoning Hearing Board to be consistent with the above uses and accessory to the conference function of the facility.
B. 
The vehicle entrance to the conference center complex shall be located either along an arterial street as defined in the Southwest Adams Joint Comprehensive Plan or along a lesser classification street but within 0.5 mile of an intersection with an arterial street.
C. 
Because of the unique and land intensive nature of resorts, the use shall not be required to comply with the development design standards of the underlying zoning district regarding building placement or parking lot placement. However, development design shall be subject to compliance with the following standards:
(1) 
All components of a resort shall meet one of the two following conditions:
(a) 
The component shall be located in a manner where pedestrian connections are provided that can allow guests to walk to and from all venues.
(b) 
If venues are separated by distance that makes walking not feasible, the Resort shall supply shuttle service to move to and from all venues.
(2) 
Strict compliance with the parking lot design requirements of § 27-1603, and such strict compliance shall be required as a condition of approval for any special exception application to allow the development of expansion of a resort facility.
27. 
Restaurants with Drive-Through Service.
A. 
The drive-through facility, including the drive-through lane, ordering intercom or window, and product delivery window shall be located to the side or rear of the restaurant building. In no instance may any component of the drive-through facility be located in the front yard.
B. 
Vegetative screening shall be located between all components of the drive-through facility and any adjoining residential use or any property in the R1, R2, R3, or CC Districts.
C. 
The drive-through facility must have a lane that is dedicated to the conduct of drive-through business. The lane shall include sufficient length to allow for stacking of a minimum of eight vehicles waiting to place an order. The lane shall include sufficient length to allow for stacking of a minimum of two vehicles waiting to receive an order. The stacking area shall not be used for parking lot circulation aisles or in any way conflict with parking or vehicle and pedestrian circulation.
28. 
Restaurants with Outdoor Seating.
A. 
Outdoor furnishings may include tables, chairs, umbrellas, service counters, reservation podiums, features associated with outdoor activities, and similar features associated with providing an outdoor dining and leisure experience.
B. 
Outdoor furnishings shall be stored inside the restaurant during those seasons of the year where the outdoor dining and activity area is not operating.
C. 
Planters, nonpermanent decorative barriers/fencing, as well as a reservation podium are encouraged and shall define the outdoor dining area occupied by the restaurant.
D. 
Advertising or promotional features shall be limited to umbrellas, canopies and sandwich boards.
29. 
Retail Stores with Drive-Through Service.
A. 
The drive-through facility, including the drive-through lane and/or service window, shall be located to the side or rear of the retail store building. In no instance may any component of the drive-through facility be located in the front yard.
B. 
Vegetative screening shall be located between all components of the drive-through facility and any adjoining residential use or any property in the R1, R2, R3, or CC Districts.
C. 
The drive-through facility must have a lane that is dedicated to the conduct of drive-through business. The lane shall include sufficient length to allow for stacking of a minimum of four vehicles waiting for window service. The stacking area shall not be used for parking lot circulation aisles or in any way conflict with parking or vehicle and pedestrian circulation.
30. 
Retail Stores with Fuel Sales.
A. 
The use shall be located on a lot abutting a minor arterial street or higher classification as established by the Southwest Adams Joint Comprehensive Plan.
B. 
Fuel pumps shall be at least 25 feet from any existing and required future road right-of-way or 50 feet from the road center line, whichever is greater.
C. 
All services not normally associated with vehicular refueling shall be performed within a completely enclosed building.
D. 
The outdoor display of products for sale at the establishment shall not be permitted except for under following conditions:
(1) 
Propane tank display, ice machines, and DVD kiosks shall be permitted year round.
(2) 
The temporary display and sale of flowers shall be permitted no more than one week before Easter or Mother's Day. The temporary display and sale of fireworks shall be permitted no more than one week before the Fourth of July.
(3) 
All remnants of these temporary displays and sales, including, but not limited to, product, tents, trash receptacles and temporary signage shall be removed no later than three days following Easter, Mother's Day or the Fourth of July, respectively.
(4) 
The required number of parking spaces for the convenience store use shall be maintained at all times. Under no circumstances shall these temporary sale events reduce the available number of parking spaces below the minimum amount required by this chapter.
E. 
A site circulation plan shall be devised that separates those vehicles waiting fueling service from those awaiting other services.
F. 
Any canopies over a vehicle fueling area shall share common architectural characteristics with the principal building, and shall be constructed with materials used for the principal building. The applicant shall submit architectural drawings to confirm the common architectural design and common materials.
G. 
No canopy structure shall be illuminated. Any lighting designed to illuminate the area beneath the canopy structure shall be flush mounted. Light fixtures that extend below the horizontal plane made by the bottom edge of the canopy shall not be permitted.
31. 
Shopping Plaza.
A. 
The shopping plaza shall operate under unified management, which shall have sole responsibility for operation and maintenance of the shopping plaza.
B. 
The shopping plaza shall be designed with a unified architectural theme. Consistent building dimensions, materials, and roof-lines shall be proposed for all uses within the shopping plaza.
C. 
The primary entrance to the shopping plaza shall be provided from a roadway with a classification no less than a minor arterial street as identified in the Southwest Adams Joint Comprehensive Plan.
D. 
An internal pedestrian system shall be designed that will enable customers to move from any tenant within a shopping plaza to any other tenant without having to traverse vehicle parking spaces, parking space aisles, loading areas, or other nonpedestrian areas.
32. 
Single-Family Attached Dwellings.
A. 
No building within which single-family attached dwellings are proposed shall include more than four dwelling units.
B. 
In addition to the setback and yard requirements of the underlying zoning district, buildings where single-family attached dwellings are proposed shall meet the following building separation requirements:
(1) 
No front facade shall be closer than 30 feet to any other front facade.
(2) 
The side and rear facades shall be no closer than 20 feet to any other side or rear facades.
C. 
Within any building within which single-family attached dwellings are proposed, no individual dwelling unit shall have a building footprint placed at the same distance from the front lot line, the street line, access drive line, or other feature defining the front of the dwelling as an adjoining individual dwelling. The building footprint of adjacent dwellings shall vary by no less than two feet and no more than four feet to create a staggered appearance of the individual dwelling units. Further, the roof plane shall vary from dwelling unit to dwelling unit in a manner consistent with the variation in the location of the front and rear of the building footprint.
D. 
There shall be, for any building within which single-family attached dwellings are proposed, at least three different architectural plans having substantially different designs, building materials, and exterior and floor elevations.
E. 
All single-family attached dwellings shall comply with the following architectural requirements:
(1) 
Windows shall constitute a minimum of 25% of the total area of every front and rear wall, and 10% of the total area of every side wall.
(2) 
A minimum roof pitch of no less than 4/12 shall be used.
(3) 
Eaves shall be provided on all buildings within which Single-family attached dwellings are proposed. The use of eaves in coordination with additional architectural features, such as dentils, brackets, and decorative moldings, is strongly encouraged.
(4) 
An architectural feature, such as but not limited to vertical bands, shall be used to delineate the individual dwelling units of a building consisting of single-family attached dwellings. In no event shall the building facade transition from one dwelling unit to another without a distinct visual or architectural break between the two units.
F. 
On any building where single-family attached dwellings are proposed, all individual dwelling units shall share a common roof shingle material and color.
G. 
Parking. Off-street parking shall be located in accordance with the following requirements:
(1) 
In a common parking lot located to the rear of the building.
(2) 
In a common garage located underneath the building and accessed from the rear of the building.
(3) 
In garage spaces dedicated to individual dwelling units and accessed from the side or rear of the building.
(4) 
The only exception to this standard will be for a quadplex or similar form of single-family attached dwelling. In this case only, a parking space for one of the units within the building may be accessed from the front of the overall building.
33. 
Use of the Same General Character.
A. 
The proposed use shall be of the same general character in terms of size, scale, intensity, and type of use as those uses specifically authorized in the underlying zoning district.
B. 
The applicant shall present testimony that evaluates the degree to which the proposed use is of the same general character of the underlying zoning district versus other zoning districts applied in the Borough. In rendering its decision, the Zoning Hearing Board shall conclude that the proposed use achieves an equal or higher degree of character consistency in terms of general character in the underlying district versus other zoning districts applied in the Borough.
C. 
The proposed use shall not cause traffic impacts that exceed the potential traffic impacts that may be caused by the development of uses specifically authorized in the underlying zoning district.
D. 
The proposed use shall not produce heat, glare, noise, noxious odors, or any other nuisance that exceed the potential impacts of uses specifically authorized in the underlying zoning district.
E. 
The proposed use shall comply with all dimensional, performance, and related requirements of this chapter ordinarily applied to specifically authorized uses of the underlying zoning district.
34. 
Vacation Rental.
A. 
Any proposed vacation rental shall be compatible with the neighborhood in which it is located in terms of landscaping, scale and architectural character. The use shall be harmonious and compatible with the existing uses within the neighborhood.
B. 
The operator of the vacation rental shall, at all times while the property is being used as a vacation rental, maintain a contact person/entity within a 15 minute drive of the property. The contact person or entity must be available via telephone 24 hours a day, seven days a week, to respond to complaints regarding the use of the vacation rental.
C. 
A written notice shall be conspicuously posted inside each vacation rental unit setting forth the name, address and telephone number of the contact person required in Subsection 34B above. The notice shall also set forth the address of the vacation rental, the maximum number of vehicles permitted to park on site, and the day(s) established for garbage collection.
D. 
The number of overnight occupants shall be limited to two persons per available guest room or suite.
E. 
Guest rooms or suites shall meet current minimum room size and related dimensional requirements as may be defined in the Pennsylvania Uniform Construction Code, or similar applicable code.
F. 
Off-street parking shall be provided in accordance with § 27-1602, Subsection 1AAA. Where the number of required parking spaces is such that a parking lot is required in accordance with § 27-1603, Subsection 1A, such parking lot shall be designed in accordance with the requirements of § 27-1603. Further, the parking lot shall be hidden from view, through the use of landscaping or similar design features, from any public road right-of-way.
G. 
The operator of the vacation rental must demonstrate that the vacation rental is registered with the Adams County Treasurer's Office in compliance with County Ordinance No. 3 of 2012 for the payment of hotel room rental tax, as may be reenacted or amended.
35. 
Vehicle Service with Fuel Sales.
A. 
The use shall be located on a lot abutting an arterial street.
B. 
Fuel pumps shall be at least 25 feet from any existing and required future road right-of-way or 50 feet from the road center line, whichever is greater.
C. 
All services not normally associated with vehicular refueling shall be performed within a completely enclosed building.
D. 
Any canopies over a vehicle fueling area shall share common architectural characteristics with the principal building, and shall be constructed with materials used for the principal building. The applicant shall submit architectural drawings to confirm the common architectural design and common materials.
E. 
No canopy structure shall be illuminated. Any lighting designed to illuminate the area beneath the canopy structure shall be flush mounted. Light fixtures that extend below the horizontal plane made by the bottom edge of the canopy shall not be permitted.
36. 
Wireless Communication Facilities — Co-location — Inside Public Right-of-Way.
A. 
Location. An applicant may co-locate one or more wireless communications facilities on existing poles, including, but not limited to, existing tower based wireless communications facilities, telephone and/or electric utility poles, and light poles. Multiple small wireless facilities proposed to be deployed at multiple locations shall be considered to be one application for the purpose of this review and approval process.
B. 
Siting Requirements. Co-location of wireless communication facilities shall meet the following siting criteria:
(1) 
The co-location of the communication facility and related equipment shall not cause any physical or visual obstruction to pedestrian or vehicle traffic and shall not create safety hazards to pedestrians or motorists.
(2) 
The facility and equipment shall not limit the public use of the right-of-way.
(3) 
The facility and equipment shall not be located within two feet of the street cartway.
(4) 
Any related equipment that cannot be placed underground shall be screened through the use of landscaping or other decorative features.
C. 
Stealth Technology. The most current stealth technology available shall be used to minimize aesthetic impact of collocated wireless communications facility within the surrounding environment. The stealth technology chosen by the applicant shall be subject to approval by the Borough.
D. 
Time, Place, and Manner. The Borough shall have the ability to determine the time, place, and manner of construction, maintenance, repair, and/or removal of all collocated wireless communication facilities within the rights-of-way of Borough roads or other Borough rights-of- way. Such ability shall be based on public safety, traffic management, physical burden on the right-of-way, and related considerations. Within public utility rights-of-way, the Borough's decision regarding time, place, and manner of work shall be consistent with the police powers of the Borough and the requirements of the Public Utility Code.
E. 
Removal or Relocation. The Borough shall have the ability to require the removal or relocation of co-located wireless communications facilities from within the rights-of-way of Borough roads or other Borough rights-of-way. Within 60 days following written notice from the Borough, or such longer period as the Borough determines is reasonably necessary or such shorter period in the case of an emergency, the owner of co-located wireless communication facility shall, at its own expense, temporarily or permanently remove or relocate said facility. The Borough may, consistent with its police powers and applicable Public Utility Commission regulations, required such removal or relocation under the following circumstances:
(1) 
The construction, repair, maintenance, or installation of any Borough or other public improvements in the right-of-way.
(2) 
The operations of the Borough or other governmental entity in the right-of-way.
(3) 
Vacation of a road or release of a utility easement.
(4) 
An emergency as determined by the Borough.
F. 
Reimbursement for Right-of-Way Use. The Borough shall have the ability to subject the owner of every co-located communications facility in a public right-of-way to a fair and reasonable use an occupancy fee, as may be fixed annually by the Borough. Such compensation for right-of-way use shall be directed related to the Borough's actual right-of-way management costs including, but not limited to, the costs of reviewing, inspecting, permitting, supervising, and other right-of-way management activities of the Borough. The owner of each co-located wireless communication facility shall pay an annual fee to the Borough to compensate the Borough for costs incurred in connection with such management activities.
G. 
Review Period. The timing requirements of Part 19 of this chapter notwithstanding, the review and approval period shall be those expressed in "Accelerating Wireless and Wireline Broadband Deployment by Removing Barriers to Infrastructure Investment," or subsequent rulemaking, by the Federal Communications Commission, and specifically as follows:
(1) 
Small wireless facility: 60 days from date of application. This time frame includes multiple deployments on existing poles within public right-of-way and on existing structures outside the public right-of-way per § 27-1502, Subsection 37, of this chapter.
(2) 
Applications for multiple deployments that contain small wireless facilities on existing structures within public right-of-way and small wireless facilities in any other location as regulated by this chapter: 90 days from date of application.
(3) 
Facility other than a small wireless facility: 90 days from date of application.
37. 
Wireless Communication Facility — Co-location — Outside Public Right-of-Way.
A. 
Location. An applicant may co-locate one or more wireless communications facilities on existing poles, including, but not limited to, existing tower based wireless communications facilities, telephone and/or electric utility poles, and light poles. Such facilities may also be co-located on buildings and structures. Multiple small wireless facilities proposed to be deployed at multiple locations shall be considered to be one application for the purpose of this review and approval process.
B. 
Screening. Any related equipment that cannot be placed underground shall be screened through the use of landscaping or other decorative features.
C. 
Stealth Technology — Co-location on Wireless Communication Tower. Any stealth technology employed on the existing wireless communication tower must be expanded to encompass the new wireless communication facility to be co-located on said tower.
D. 
Stealth Technology — Co-location on Other Towers, Poles, Structures, or Buildings. Stealth technology shall be employed to minimize the visual impact of the wireless communications facility within the surrounding environment. Specific requirements are as follows:
(1) 
Buildings. Stealth technology shall be employed that encloses the wireless communications facility in structure that is architecturally compatible with the host building.
(2) 
Poles and Other Structures. Stealth technology shall be employed such that the wireless communications facility is installed either within the pole or structure, or flush on the external surface of the pole or structure.
E. 
Height. The following height requirements shall be applied:
(1) 
Co-location on Existing Wireless Communications Tower. Co-location on an existing wireless communications tower shall not result in a wireless communications tower height that exceeds that authorized by this chapter.
(2) 
Co-location on Poles and Other Structures. Co-location on other poles and other structures shall not result in the wireless communications facility exceeding the height of the pole or structure.
(3) 
Co-location on Buildings. Co-location on an existing building may result in the wireless communication facility exceeding the building height by no more than 10 feet. However, in no case shall the height of the wireless communication facility exceed the maximum building height of the underlying zoning district by more than five feet.
F. 
Review Period. The timing requirements of Part 19 of this chapter notwithstanding, the review and approval period shall be those expressed in "Accelerating Wireless and Wireline Broadband Deployment by Removing Barriers to Infrastructure Investment," or subsequent rulemaking, by the Federal Communications Commission, and specifically as follows.
(1) 
Small wireless facility: 60 days from date of application. This time frame includes multiple deployments on existing poles and other structures outside of public right-of-way and within public right-of-way and on existing structures inside the public right-of-way per § 27-1502, Subsection 36, of this chapter.
(2) 
Applications for multiple deployments that contain small wireless facilities on existing structures outside of public right-of-way and small wireless facilities in any other location as regulated by this chapter: 90 days from date of application.
(3) 
Facility other than a small wireless facility: 90 days from date of application.
38. 
Wireless Communication Facility — Tower Based — Inside Public Right-of-Way.
A. 
Location. An applicant may co-locate one or more wireless communications facilities on new poles. Multiple small wireless facilities proposed to be deployed at multiple locations shall be considered to be one application for the purpose of this review and approval process.
B. 
Evaluation of Siting Opportunities. An applicant seeking approval to erect or enlarge a tower based wireless communications facility shall demonstrate compliance with the following requirements:
(1) 
An applicant shall demonstrate that all structures within the public right-of-way and within one-half mile of the proposed site have been evaluated as a co-location site. Co-location opportunities include, but are not limited to, existing tower based wireless communication facilities, telephone and/or electric utility poles, and light poles. The applicant shall provide a site alternative analysis describing the location of potential co-location sites that were considered, the availability of those sites, the extent to which other sites do or do not meet the provider's service or engineering needs, and the reason why the alternative site was not chosen. Where a potential co-location site is not chosen, supplementary evidence shall include one or more of the following reasons for not proposing to co-locate on the alternative site.
(a) 
The proposed antennas and related equipment would exceed the structural capacity of the existing structure, as certified by an engineers certified in the Commonwealth of Pennsylvania, and that appropriate reinforcement cannot be accomplished.
(b) 
The proposed antennas and related equipment would cause radio frequency interference with other existing equipment, as certified by an appropriate technical expert, and that the interference cannot be effectively mitigated.
(c) 
The existing structure does not possess appropriate location, space, or access, to accommodate the proposed antennae and equipment or to allow the antennae and equipment to perform their intended function.
(d) 
Addition of the proposed antennas and related equipment would result in electromagnetic radiation from such structure that exceeds applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation. Such a determination shall be certified by an appropriate technical expert.
(e) 
A commercially reasonable agreement could not be reached with the owners of such structures. Where such an agreement is not reached, the applicant shall indicate why any offers or counter-offers made were deemed to be unreasonable.
C. 
Siting Requirements. Where the applicant has demonstrated that no co-location opportunities exist to site wireless communications antenna on an existing structure and that a wireless communications tower is necessary, the following siting criteria must be met:
(1) 
The tower-based wireless communication facility and related equipment shall not cause any physical or visual obstruction to pedestrian or vehicle traffic and shall not create safety hazards to pedestrians or motorists.
(2) 
The facility and equipment shall not limit the public use of the right-of-way.
(3) 
The facility and equipment shall not be located within two feet of the street cartway.
(4) 
Any related equipment that cannot be placed underground shall be screened through the use of landscaping or other decorative features.
(5) 
The tower shall be setback from all property lines a distance equal to the height of the tower unless the tower is equipped with a structural break point, in which case the tower shall be setback a distance equal to the height of the structural break point above ground level.
D. 
Tower Height. The tower based wireless communications facility shall not exceed 40 feet in height.
E. 
Tower Safety. An applicant shall demonstrate that the proposed tower based wireless communications facility will not affect surrounding properties or the public right-of-way as a result of structural failure, falling ice or other debris, or radio frequency interference.
F. 
Tower Type. The applicant shall a monopole tower type for the tower based wireless communications facility.
G. 
Stealth Technology. The most current stealth technology available shall be used to minimize aesthetic impact of the tower based wireless communications facility within the surrounding environment. The stealth technology chosen by the applicant shall be subject to approval by the Borough.
H. 
A list of the contents of the equipment building or box, with specific attention to any potentially unsafe or toxic substances, including batteries, to be located in the facility, shall be provided. Documentation demonstrating how any spills of unsafe or toxic material will be contained within the equipment building or box shall also be provided.
I. 
Information regarding the intended power supply and auxiliary power supply for the facility shall be provided.
J. 
Time, Place, and Manner. The Borough shall have the ability to determine the time, place, and manner of construction, maintenance, repair, and/or removal of all tower based wireless communication facilities within the rights-of-way of Borough roads or other Borough rights-of-way. Such ability shall be based on public safety, traffic management, physical burden on the right-of-way, and related considerations. Within public utility rights-of-way, the Borough's decision regarding time, place, and manner of work shall be consistent with the police powers of the Borough and the requirements of the Public Utility Code.
K. 
Removal or Relocation. The Borough shall have the ability to require the removal or relocation of tower-based wireless communications facilities from within the rights-of-way of Borough roads or other Borough rights-of-way. Within 60 days following written notice from the Borough, or such longer period as the Borough determines is reasonably necessary or such shorter period in the case of an emergency, the owner of a tower based wireless communication facility shall, at its own expense, temporarily or permanently remove or relocate said facility. The Borough may, consistent with its police powers and applicable Public Utility Commission regulations, required such removal or relocation under the following circumstances:
(1) 
The construction, repair, maintenance, or installation of any Borough or other public improvements in the right-of-way.
(2) 
The operations of the Borough or other governmental entity in the right-of-way.
(3) 
Vacation of a road or release of a utility easement.
(4) 
An emergency as determined by the Borough.
L. 
Reimbursement for Right-of-Way Use. The Borough shall have the ability to subject the owner of every tower based communications facility in a public right-of-way to a fair and reasonable use an occupancy fee, as may be fixed annually by the Borough. Such compensation for right-of-way use shall be directed related to the Borough's actual right-of-way management costs including, but not limited to, the costs of reviewing, inspecting, permitting, supervising, and other right-of-way management activities of the Borough. The owner of each tower based wireless communication facility shall pay an annual fee to the Borough to compensate the Borough for costs incurred in connection with such management activities.
M. 
Review Period. The timing requirements of Part 19 of this chapter notwithstanding, the review and approval period shall be those expressed in "Accelerating Wireless and Wireline Broadband Deployment by Removing Barriers to Infrastructure Investment," or subsequent rulemaking, by the Federal Communications Commission, and specifically as follows:
(1) 
Small wireless facility: 90 days from date of application. This time frame includes multiple deployments on new poles within public right-of-way and in any other location as regulated by this chapter.
(2) 
Facility other than a small wireless facility: 150 days from date of application.
39. 
Wireless Communications Facility — Tower Based — Outside Public Right-of-Way.
A. 
Location. An applicant may co-locate one or more wireless communications facilities on new poles. Multiple small wireless facilities proposed to be deployed at multiple locations shall be considered to be one application for the purpose of this review and approval process.
B. 
Evaluation of Siting Opportunities. An applicant seeking approval to erect or enlarge a tower based wireless communications facility shall demonstrate compliance with the following requirements:
(1) 
An applicant shall demonstrate that all structures in excess of 50 feet in height within a one mile radius of the proposed site have been evaluated as a co-location site. Co-location opportunities include, but are not limited to, smoke stacks, water towers, agricultural silos, tall buildings, towers operated by other wireless communication companies, and other communications towers (fire, police, etc.). The applicant shall provide a site alternative analysis describing the location of potential co-location sites that were considered, the availability of those sites, the extent to which other sites do or do not meet the provider's service or engineering needs, and the reason why the alternative site was not chosen. Where a potential co-location site is not chosen, supplementary evidence shall include one or more of the following reasons for not proposing to co-locate on the alternative site.
(a) 
The proposed antennas and related equipment would exceed the structural capacity of the existing structure, as certified by an engineers certified in the Commonwealth of Pennsylvania, and that appropriate reinforcement cannot be accomplished.
(b) 
The proposed antennas and related equipment would cause radio frequency interference with other existing equipment, as certified by an appropriate technical expert, and that the interference cannot be effectively mitigated.
(c) 
The existing structure does not possess appropriate location, space, or access, to accommodate the proposed antennae and equipment or to allow the antennae and equipment to perform their intended function.
(d) 
Addition of the proposed antennas and related equipment would result in electromagnetic radiation from such structure that exceeds applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation. Such a determination shall be certified by an appropriate technical expert.
(e) 
A commercially reasonable agreement could not be reached with the owners of such structures. Where such an agreement is not reached, the applicant shall indicate why any offers or counter-offers made were deemed to be unreasonable.
(2) 
If the applicant claims that no structures in excess of 50 feet exist within the study area, the applicant shall provide evidence detailing how such determination was made. Such written evidence shall be submitted, and deemed to be complete, before approval for the erection of a wireless communications tower may occur.
(3) 
An applicant shall demonstrate that the proposed facility is needed at the proposed location. The applicant shall provide an existing coverage analysis demonstrating a "dead spot" at or near the proposed tower location.
(4) 
An applicant shall provide a written analysis that identifies potential negative impacts on neighboring residents and properties, and indicates how negative impacts will be effectively mitigated.
C. 
Siting Requirements. Where the applicant has demonstrated that no co-location opportunities exist to site wireless communications antenna on an existing structure and that a wireless communications tower is necessary, the following siting criteria must be met:
(1) 
The tower shall be setback from all property lines a distance equal to the height of the tower unless the tower is equipped with a structural break point, in which case the tower shall be setback a distance equal to the height of the structural break point above ground level.
(2) 
The minimum distance between the base of the tower, or any anchoring guy wires, and residential, place of worship, or school property shall be 200 feet.
(3) 
Where such features exist, the applicant shall use one or more of the following or similar natural features to minimize the visibility of the wireless communications tower:
(a) 
Groves of trees.
(b) 
Sides of hills.
D. 
Tower Height. An applicant must demonstrate that a proposed wireless communications tower is the minimum height required to function satisfactorily. In no case shall a wireless communications tower exceed 180 feet. The measurement of tower height shall include the tower itself as well as any antennas or other equipment attached thereto.
E. 
Tower Safety. An applicant shall demonstrate that the proposed tower will not affect surrounding properties as a result of structural failure, falling ice or other debris, or radio frequency interference.
F. 
All wireless communications towers shall be fitted with anticlimbing devices, as approved by the manufacturers. A detail confirming the design of such features shall be included in the application for approval of the wireless communications tower.
G. 
Tower Type. The applicant shall use the monopole, or davit-pole, type of wireless communications tower.
H. 
Landscaping. The applicant shall demonstrate compliance with the following landscaping requirements:
(1) 
The base of the wireless communications tower, any supporting cables or guy wires, maintenance buildings, and parking areas, shall be enclosed by a protective fence. The protective fence shall be a minimum of six feet in height.
(2) 
An evergreen screen shall be planted around the external perimeter of the protective fence. Evergreen trees shall be a minimum of six feet at planting, and shall reach a minimum height of 15 feet at maturity. Any trees which die within a year of planting shall be replaced by the applicant. Where the tower site is either fully or partially located within a grove of existing trees, the evergreen screen requirement may be waived along any portion of the protective fence that is blocked from view from beyond the property line hosting the facility by said grove of trees.
I. 
Color. Where a specific color pattern is not required by the Federal Aviation Administration (FAA), wireless communications tower colors shall be a light grey or galvanized metal color. Towers shall be finished or treated in a manner that prevents the formation of rust.
J. 
Site Access. Access to a wireless communications tower facility shall be provided by an access driveway located within an easement of at least 20 feet in width. The access driveway shall be a minimum of 10 feet in width, and shall be constructed with a dust-free, all weather surface for its entire length.
K. 
Land Development Plan Approvals. An applicant shall obtain land development approval from the Carroll Valley Borough Council in accordance with applicable provisions of Chapter 22, Subdivision and Land Development, prior to zoning permit approval.
L. 
A list of the contents of the equipment building or box, with specific attention to any potentially unsafe or toxic substances, including batteries, to be located in the facility, shall be provided. Documentation demonstrating how any spills of unsafe or toxic material will be contained within the equipment building or box shall also be provided.
M. 
Information regarding the intended power supply and auxiliary power supply for the facility shall be provided.
N. 
Review Period. The timing requirements of Part 19 of this chapter notwithstanding, the review and approval period shall be those expressed in "Accelerating Wireless and Wireline Broadband Deployment by Removing Barriers to Infrastructure Investment," or subsequent rulemaking, by the Federal Communications Commission, and specifically as follows.
(1) 
Small wireless facility: 90 days from date of application. This time frame includes multiple deployments on new poles outside public right-of-way and in any other location as regulated by this chapter.
(2) 
Facility other than a small wireless facility: 150 days from date of application.
40. 
Solar Energy Production Facility.
A. 
The facility shall receive land development plan approval from the Borough in accordance with Chapter 22, Subdivision and Land Development. Should special exception review of the facility occur prior to land development plan submission, special exception approval shall include a condition that the applicant achieve land development plan approval.
B. 
The structures comprising the facility shall be constructed and located in a manner so as to minimize the necessity to remove existing trees upon the lot. In no event shall wooded acreage comprising more than 2% of the deeded acreage of the lot be removed.
C. 
Where wooded acreage is removed, land area equivalent to two times the area of wooded acreage removed shall be shall be planted with trees at a sufficient density to reestablish a forest in the setting. At a minimum, at least 55 trees per acre shall be planted. Such trees shall be depicted on a landscaping plan submitted in conjunction with the land development plan for the site. The trees shall be subject to financial guarantee in accordance with applicable requirements of Chapter 22, Subdivision and Land Development.
D. 
No portion of the facility, exclusive of access driveways to the facility, shall be located within any floodplain regulated by Chapter 8, Floodplains. No portion of the facility, including access driveways to the facility, shall be located within a designated wetland.
E. 
The location of solar arrays and all other accessory structures and buildings shall be subject to fifty foot setbacks from all property lines, or to the setback requirements of the underlying zoning district, whichever is greater.
F. 
Solar arrays shall not exceed 10 feet in height. For fixed solar arrays, height shall be measured at the highest point of the solar array above ground level. For solar arrays designed to be able to change the angle of the individual solar panels, height shall be measured with the solar array oriented at maximum tilt.
G. 
In calculating the maximum lot coverage, portions of the facility may be considered pervious if the criteria within the Pennsylvania Department of Environmental Protection (DEP) FAQ document entitled "Chapter 102 Permitting for Solar Panel Farms," dated January 2, 2019, as may be updated or amended, has been met.
H. 
Stormwater management for the facility shall be in accordance with Chapter 23, Stormwater Management and Soil, Erosion and Sedimentation Control, and the DEP FAQ document entitled "Chapter 102 Permitting for Solar Panel Farms," dated January 2, 2019, as may be updated or amended, as applicable.
I. 
The facility shall not be artificially illuminated except to the extent required by safety or by any applicable federal, state or local authority.
J. 
On-site power collection lines shall be installed underground.
K. 
The facility shall be enclosed by a fence, barrier, or similar structure with a minimum height of eight feet to prevent or restrict unauthorized persons or vehicles from entering the property.
L. 
Clearly visible warning signs shall be placed on the required fence, barrier, or similar structure to inform individuals of potential voltage hazards.
M. 
A twenty-five-foot wide, densely planted, landscaped buffer shall be installed around the outside of the required fence, barrier, or similar structure. Such buffer shall meet the following requirements.
(1) 
The landscaped buffer shall include a combination of evergreen trees, deciduous trees, and shrubs, arranged in a manner to replicate a natural woodland.
(2) 
The evergreen trees and the deciduous trees shall achieve a height equal to that of the solar array(s) within one year of the time of planting.
(3) 
All trees and shrubs shall be native to Pennsylvania.
(4) 
Should the facility be located next to an existing wooded area with a width that exceeds the buffer width requirement of this section, the existing wooded area may be considered to be the required landscaped buffer.
N. 
The facility shall be designed and located in order to prevent reflective glare toward any inhabited buildings on adjacent properties as well as toward any adjacent street rights-of-way.
O. 
The design of the facility shall conform to applicable industry standards, including those of the American National Standards Institute. The facility developer shall submit certificates of design compliance obtained by the equipment manufacturers from Underwriters Laboratories (UL), IEEE, Solar Rating and Certification Corporation (SRCC), ETL, or other similar certifying organizations.
P. 
Decommissioning.
(1) 
The solar energy production facility owner is required to notify the Borough immediately upon cessation or abandonment of the operation. The facility shall be presumed to be discontinued or abandoned if no electricity is generated by such facility for a period of 12 continuous months.
(2) 
The facility owner shall then have 12 months in which to dismantle and remove the facility, including all solar related equipment and appurtenances related thereto, including, but not limited to buildings, cabling, electrical components, roads, foundations, solar facility connections, and other associated facilities.
(3) 
To the extent possible, the materials shall be resold or salvaged. Materials that cannot be resold or salvaged shall be disposed of at a facility authorized to dispose of such materials by federal or state law.
(4) 
Any soil exposed during the removal shall be stabilized in accordance with applicable erosion and sediment control standards.
(5) 
Any access drive paved aprons from public roads shall remain for future use.
(6) 
The site area of the facility shall be restored to its preexisting condition, suitable for its prior use, except the landowner may authorize, in writing, any buffer landscaping or access roads installed to accommodate the facility to remain.
(7) 
Any necessary permits, such as erosion and sedimentation and NPDES permits, shall be obtained prior to decommissioning activities.
(8) 
At the time of issuance of the zoning permit for the construction of the facility, the owner shall provide financial security in the form and amount acceptable to the Borough to secure its obligations under this section.
(a) 
The facility developer shall, at the time of application, provide the Borough with an estimate of the cost of performing the decommissioning activities required herein, together with an administrative and inflation factor of 25% to account for the cost of obtaining permits to complete said activities. The estimate may include an estimated salvage and resale value, discounted by a factor of 20%. The decommissioning cost estimate formula shall be:
Gross Cost of Decommissioning Activities
+
Administrative Factor of 25%
-
Salvage and Resale Credit of 80%
=
Decommissioning Cost Estimate
(b) 
On every fifth anniversary of the date of providing the decommissioning financial security, the facility owner shall provide an updated decommissioning cost estimate, utilizing the formula set forth above, with adjustments for inflation and cost and value changes. In the decommissioning cost estimate amount changes, the facility owner shall remit the increased financial security to the Borough within 30 days of the updated decommissioning cost estimate by the Borough.
(c) 
Decommissioning cost estimates shall be subject to review and approval by the Borough, and the facility owner shall be responsible for administrative, legal, and engineering costs incurred by the Borough for such review.
(d) 
At no time shall the financial security be an amount less than $500,000.
(e) 
The financial security may be in the form of cash, letter of credit, or an investment grade corporate guarantee rated BBB-/Baa3 or better by S&P, Moody's, or AM Best, as applicable.
(f) 
Prior to approval of any zoning permit for a facility, the facility developer shall enter into a decommissioning agreement with the Borough outlining the responsibility of the parties with regard to the decommissioning of the facility.
41. 
Wind Energy Facility.
A. 
The wind energy facility shall receive land development plan approval from the Borough in accordance with Chapter 22, Subdivision and Land Development. Should special exception review of the facility occur prior to land development plan submission, special exception approval shall include a condition that the applicant achieve land development plan approval.
B. 
Minimum lot area: five acres.
C. 
Separation Distances. Within a wind energy facility, the following separation distances shall be required:
(1) 
Wind turbine to wind turbine: 110% of the height of the tallest wind turbine of the wind energy facility.
(2) 
Wind turbine to property line: 110% of the height of the wind turbine to any property line.
(3) 
Wind turbine to building on host property: 110% of the height of the wind turbine to any building on the property hosting the wind energy facility.
(4) 
Wind turbine to building on properties other than the host property: 1,000 feet from the tower on which the wind turbine is mounted to any building on a property other than the host property.
(5) 
Wind turbine to road right-of-way: 200 feet from the tower on which the wind turbine is mounted to any road right-of-way.
D. 
Maximum height: none, provided that the wind turbine does not project into any airport surface zones as established in the Airport Overlay (AO) District of this chapter.
E. 
Ground Clearance. The minimum ground clearance for wind turbine blades shall be 30 feet.
F. 
Noise. The maximum sound produced by a wind energy facility shall not exceed 55 decibels at the property line between the host property and any other property. The maximum sound level may only be exceeded during wind storms or power utility outages.
G. 
Vibration. The wind energy facility shall not produce ground vibration discernible at the property line between the host property and any other property.
H. 
Shadow Flicker. The wind energy facility shall not produce shadow flicker in an occupied building on property adjoining the host property for a period of more than 30 minutes per day.
I. 
Visual Appearance. The following standards shall be applied to minimize the visual impact of the site:
(1) 
All on-site utility lines, transmission lines, and cables shall be placed underground.
(2) 
All wind turbines within a wind energy facility shall be an unobtrusive color such as white, off-white, gray, or other color that blends with the surroundings.
(3) 
The wind energy facility shall not be illuminated, except to the extent that may be required by the Federal Aviation Administration of other applicable entity.
J. 
Decommissioning.
(1) 
The wind energy facility owner is required to notify the Borough immediately upon cessation or abandonment of the operation. The facility shall be presumed to be discontinued or abandoned if no electricity is generated by such facility for a period of 12 continuous months.
(2) 
The facility owner shall then have 12 months in which to dismantle and remove the facility, including all equipment and appurtenances related thereto, including, but not limited to, buildings, cabling, electrical components, roads, foundations, wind energy facility connections, and other associated facilities.
(3) 
To the extent possible, the materials shall be resold or salvaged. Materials that cannot be resold or salvaged shall be disposed of at a facility authorized to dispose of such materials by federal or state law.
(4) 
Any soil exposed during the removal shall be stabilized in accordance with applicable erosion and sediment control standards.
(5) 
Any access drive paved aprons from public roads shall remain for future use.
(6) 
The site area of the facility shall be restored to its preexisting condition, suitable for its prior use, except the landowner may authorize, in writing, any buffer landscaping or access roads installed to accommodate the facility to remain.
(7) 
Any necessary permits, such as erosion and sedimentation and NPDES permits, shall be obtained prior to decommissioning activities.
(8) 
At the time of issuance of the zoning permit for the construction of the facility, the owner shall provide financial security in the form and amount acceptable to the Borough to secure its obligations under this section.
(a) 
The facility developer shall, at the time of application, provide the Borough with an estimate of the cost of performing the decommissioning activities required herein, together with an administrative and inflation factor of 25% to account for the cost of obtaining permits to complete said activities. The estimate may include an estimated salvage and resale value, discounted by a factor of 20%. The decommissioning cost estimate formula shall be:
Gross Cost of Decommissioning Activities
+
Administrative Factor of 25%
-
Salvage and Resale Credit of 80%
=
Decommissioning Cost Estimate
(b) 
On every fifth anniversary of the date of providing the decommissioning financial security, the facility owner shall provide an updated decommissioning cost estimate, utilizing the formula set forth above, with adjustments for inflation and cost and value changes. In the decommissioning cost estimate amount changes, the Facility owner shall remit the increased financial security to the Borough within 30 days of the updated decommissioning cost estimate by the Borough.
(c) 
Decommissioning cost estimates shall be subject to review and approval by the Borough, and the facility owner shall be responsible for administrative, legal, and engineering costs incurred by the Borough for such review.
(d) 
At no time shall the financial security be an amount less than $500,000.
(e) 
The financial security may be in the form of cash, letter of credit, or an investment grade corporate guarantee rated BBB-/Baa3 or better by S&P, Moody's, or AM Best, as applicable.
(f) 
Prior to approval of any zoning permit for a facility the facility developer shall enter into a decommissioning agreement with the Borough outlining the responsibility of the parties with regard to the decommissioning of the facility.
K. 
Contact and Site Information. The applicant shall file with the Borough, upon completion of construction of the wind energy facility and prior to the commencement of power generation, the following information:
(1) 
The owner of the wind energy facility site.
(2) 
The operator of the wind energy facility site, if different than the owner.
(3) 
The name or other identifier of the wind energy facility site.
(4) 
The address of the wind energy facility site.
(5) 
Phone number for the owner and/or operator of the wind energy facility.
(6) 
GPS coordinates for the entrance of the wind energy facility.