Cornwall City Zoning Code
ARTICLE 26
CRITERIA FOR SPECIAL EXCEPTIONS, CONDITIONAL USES, AND OTHER SELECTED USES
§ 14-2601 General Description.
[Ord. 2008-1, 6/9/2008]
It is the intent of this Article to provide special controls and regulations for particular uses that may be permitted by right, or by special exception, or by conditional use within the various zoning districts established in this Chapter. Special exceptions and conditional uses are deemed to be permitted uses in their respective districts, subject to the satisfaction of the requirements and standards set forth in this Article, in addition to all other requirements of this Chapter. All such uses are hereby declared to possess characteristics of such unique and special forms that each specific use shall be considered as an individual case. The Zoning Hearing Board may grant approval of a special exception provided that the applicant complies with the standards for special exceptions set forth in this Article and demonstrates that the proposed special exception shall not be detrimental to the health, safety, and welfare of the neighborhood. Similarly, the Borough Council may grant approval of a conditional use under applicable regulations. The burden of proof shall rest with the applicant. In granting a special exception or conditional use, the Zoning Hearing Board or Borough Council, as appropriate, may attach such reasonable conditions and safeguards in addition to those expressed in this Chapter, as it may deem necessary to implement the purposes of this Chapter.
§ 14-2602 Procedure.
[Ord. 2008-1, 6/9/2008]
The procedure for consideration of a special exception or conditional use shall follow the procedure for review and hearings as stated in Article 30 of this Chapter.
§ 14-2603 Plan Requirements.
[Ord. 2008-1, 6/9/2008]
1.
In addition to any plan informational requirements for a specific land use identified in this Article, a special exception or conditional use application shall be accompanied by a scaled drawing of the site with sufficient detail and accuracy to demonstrate compliance with all applicable provisions of this Chapter and shall include the following:
A.
The location of all buildings, parking areas, traffic access, and circulation drives, open spaces, landscaping, and other pertinent information.
B.
The names and addresses of adjoining property owners, including properties directly across a street right-of-way.
C.
Ground floor plans and building elevations of proposed structures.
D.
A written narrative of the proposed use in sufficient detail to determine that all applicable standards are adequately addressed.
§ 14-2604 General Standards for All Special Exception and Conditional Use Applications.
[Ord. 2008-1, 6/9/2008]
1.
In order to receive a special exception or conditional use approval, the applicant shall establish by credible evidence that:
A.
The proposed use is consistent with the purpose and intent of this Chapter.
B.
The proposed use does not detract from the use and enjoyment of adjoining or nearby properties.
C.
The application complies with all criteria established for the respective land use proposal addressed elsewhere in this Chapter.
D.
The proposed use does not substantially impair the integrity of the Borough’s Comprehensive Plan.
E.
The required front yard, side yards, open space areas, and height limitations for the applicable zoning district have been met.
F.
The off-street parking provisions are in conformance with those specified in Article 24 of this Chapter.
G.
Points of vehicular access to the lot are provided at a distance from intersections and other points of access and in number sufficient to prevent undue traffic hazards and obstruction to the movement traffic.
H.
The location of the site with respect to the existing roads giving access to it is such that the safe capacity of those roads is not exceeded by the estimated traffic generated or attracted is not out of character with the normal traffic using said public road.
I.
The pedestrian access from the off-street parking facilities is separated from vehicular access and sufficient to meet the anticipated demand.
J.
The proposed use is not incompatible with the existing traffic conditions and adjacent uses and will not substantially change the character of the immediate neighborhood.
K.
Facilities are available to adequately service the proposed use (e.g., schools, fire, police, and ambulance protection, sewer, water, and other utilities, etc.).
L.
Screening of the proposed use from adjacent uses is sufficient to prevent the deleterious impact of the uses upon each other.
M.
The use of the site complies with the requirements of any other public agency having jurisdiction over the proposed use.
N.
Operations in connection with a special exception or conditional use will not be more objectionable to nearby properties by reason of noise, odor, fumes, vibration, glare, or smoke than would be the operations of any permitted use.
O.
Sufficient setbacks to and/or from agricultural operations are provided in accordance with the applicable district regulations.
P.
For development within the General Floodplain District, that the application complies with the requirements listed in Article 18.
§ 14-2605 Criteria for Specific Land Uses.
[Ord. 2008-1, 6/9/2008]
In addition to those items required by §§14-2603 and 14-2604 (if applicable), each of the following land uses contains criteria that shall be addressed by the applicant and reviewed by the Zoning Officer, when permitted by right, or by the Zoning Hearing Board, when permitted by special exception, or by the Borough Council, when permitted by conditional use. Deviation from the expressed criteria for specific uses shall require the granting of a variance from the Zoning Hearing Board.
§ 14-2606 Group Family Dwellings.
[Ord. 2008-1, 6/9/2008]
1.
Group family dwellings are subject to the following additional conditions:
A.
Proof of a group family living arrangement shall be verified through the appropriate State or local agency sponsoring/approving the use. A copy of the required license or registration and any subsequent changes thereto shall be filed with the Zoning Officer prior to initiation of the use or change.
B.
All parking for the use shall be off-street. In addition to the two off-street parking spaces required for the dwelling unit, sufficient additional off-street parking spaces shall be provided to adequately handle the parking needs of the use, e.g., one additional space for each resident.
C.
Where the proposed use is to be served by on-lot sewage disposal, a certification by the Borough Sewage Enforcement Officer that the existing system is adequate to serve the proposed use.
§ 14-2607 Family Day Care Homes.
[Ord. 2008-1, 6/9/2008]
1.
Family day care homes are subject to the following additional conditions:
A.
Day care shall be provided by the resident of the home and a maximum of one nonresident assistant.
B.
Applicant shall obtain and maintain a registration certificate from the Pennsylvania Department of Public Welfare for the family day care home; a copy of said certificate shall be attached to the zoning permit.
C.
Two off-street parking spaces shall be provided in addition to that required for the residence.
D.
No signs pertaining to the day care service shall be permitted.
E.
Where the proposed use is to be served by on-lot sewage disposal, a certification by the Borough Sewage Enforcement Officer that the existing system is adequate to serve the proposed use.
§ 14-2608 Group Day Care Homes.
[Ord. 2008-1, 6/9/2008]
1.
Group day care homes are subject to the following additional conditions:
A.
Applicant shall obtain written approval or licensure of the group day care home form the Pennsylvania Department of Public Welfare.
B.
Day care shall be provided by the resident of the home and a maximum of two nonresident assistants.
C.
A minimum of three off-street parking spaces shall be provided in addition to that required for the residence.
D.
Loading and unloading of children from vehicles shall only be permitted on the driveway or on an approved parking area.
E.
The size of sign permitted shall be limited shall be limited to that allowed for a home occupation.
F.
Where the proposed use is to be served by on-lot sewage disposal, a certification by the Borough Sewage Enforcement Officer that the existing system is adequate to serve the proposed use.
§ 14-2609 Day Care Centers.
[Ord. 2008-1, 6/9/2008]
1.
Day care centers are subject to the following additional conditions:
A.
The property shall be served by public water and sewer facilities.
B.
Applicant shall obtain written approval or licensure of the day care center from the Pennsylvania Department of Public Welfare.
C.
Plans for the construction or modification of the facility shall be reviewed/approved by the Pennsylvania Department of Labor and Industry and written proof of said review/approval shall be provided.
D.
Unloading and loading of children from vehicles shall only be permitted on the driveway or on the approved parking area.
E.
Off-street parking shall be provided at a rate of one space for each employee, plus four spaces for the first 10 licensed capacity slots for children, plus one space for each additional 10 slots for children approved for vehicles owned and operated by the facility as a part of its day care services.
F.
Play areas for children shall be fenced and shall be located no closer than 50 feet to any lot line or road right-of-way, except that play area setbacks may be reduced to 25 feet from side and rear lot lines when a dense screen planting is established and maintained within the setback area.
§ 14-2610 Guest Homes.
[Ord. 2008-1, 6/9/2008]
1.
Guest homes are subject to the following additional conditions:
A.
The number of bedrooms for guests shall be a minimum of two and a maximum of six. No more than two adults and two children may occupy any one guest room. All bedrooms for guests shall be housed within one principal building.
B.
The property shall be served by public water and sewer facilities.
C.
There shall be one full bathroom for every two guest bedrooms, and if there are an odd number of guest bedrooms, there shall be an additional half bath provided. The manager’s quarters shall have separate, full bathroom facilities and may have separate cooking/eating areas.
D.
There shall be one central eating area for guests if on-site meals are provided. Guest rooms shall not have separate cooking or eating facilities. The serving of meals shall be limited to the resident family and guests of the establishment. Any meals served to guests shall be included in the room rental package.
E.
The premises shall be managed by a person or persons who shall be permanent full-time residents within the structure housing the bedroom facilities. Nonresident employees shall be limited to two, in addition to the resident members of the family.
F.
Parking facilities shall consist of a combined total of one parking space for each guest bedroom, plus two spaces for the managers/owners, plus one space for each employee. Parking facilities shall be located to the rear of the guest home and shall be screened from the roadway and adjacent properties by fencing and/or screen planting.
G.
For each road frontage, there shall be a maximum of one freestanding or projecting sign. Said sign shall be no larger than six square feet in area and identify only the name of the guest home and its proprietor(s).
H.
The maximum uninterrupted length of stay at a guest home shall be 14 days.
I.
The use of any amenities provided by the guest home such as swimming pool or tennis courts shall be restricted in use to the resident family and guests of the establishment.
§ 14-2611 Intensive Agricultural Operations.
[Ord. 2008-1, 6/9/2008]
1.
Intensive agricultural operations are permitted only by conditional use within the Intensive Agriculture Overlay District, subject to the following requirements:
A.
The minimum lot size shall be 50 acres.
B.
The maximum impervious lot coverage shall be 10%.
C.
No intensive livestock facility shall be permitted within 500 feet of any residential zoning district boundary line.
D.
No intensive livestock facility shall be permitted within 300 feet of any property line or road right-of-way line.
E.
Where it is shown that, because of prevailing winds, topography, unusual obstructions or other factors, a lesser distance would protect adjoining lands from odor, dust or other hazards, Borough Council may reduce the above special setback requirements. In no case, however, shall the Borough Council reduce any special setback requirement to less than 300 feet of any residential zoning district boundary line or less than 100 feet of any property line or road right-of-way line. The burden shall be on the applicant to prove that a lesser distance would not be detrimental to the health, safety, and general welfare of the community.
F.
When engaging in subdivision or land development, the plans filed shall show, and require, on either the subdivided or land developed lot, or the remaining land, the setbacks required hereunder.
G.
Where applicable, the applicant shall present evidence that an Act 6 Nutrient Management Plan approved by the Lebanon County Conservation District for the proposed intensive agricultural operation has been completed.
H.
The applicant shall present evidence that the applicant has a conservation plan approved by the Lebanon County Conservation District for the proposed intensive agricultural operation.
I.
The applicant shall construct a manure storage system, with at least six months storage capacity in compliance with the Pennsylvania Technical Guide developed by the Natural Resource Conservation Service, approved by the Lebanon County Conservation District.
J.
The applicant shall present evidence that the applicant has a Chapter 102 erosion and sediment control plan for the proposed intensive agricultural operation approved by the Soil Conservation Service.
K.
The applicant shall present to Borough Council a plan certified by a traffic professional that the intensive agricultural operation allows for the safe and efficient movement of all motorized vehicles associated with the intensive agricultural operation and including, but not limited to, information concerning traffic generation, size of vehicles, number of trips per day, and a design, and improvement where necessary, or each proposed entrance and/or exit to the intensive agricultural activity that does not allow mud, gravel, or other material to be deposited upon or to accumulate on or along abutting public raids.
L.
The applicant shall provide for buffering, as determined satisfactory, by Borough Council with respect to any structure, access drive, parking, loading, or unloading area located within 300 feet of any residential structure or lot of record that is three acres or less in size.
M.
Operations utilizing food processing wastes shall be subject to the following:
(1)
All putrescible food processing wastes shall be fed to the animals on the premises or be removed from the premises within 72 hours after delivery.
(2)
All food processing waste shall be stored in enclosed buildings or sealed containers prior to being fed to the animals.
(3)
Only such food processing wastes as can reasonably be expected to be consumed by the animals on the premises shall be stored on site.
(4)
Food processing waste shall be transported to and from the premises only in sealed containers.
(5)
The owner shall at all times comply with all applicable State and Federal laws and regulations governing the transportation, storage, use, and disposal of food processing wastes.
N.
Total animal density on the property shall not exceed 5 AEUs per acre.
§ 14-2612 Home Occupations and Home Businesses.
[Ord. 2008-1, 6/9/2008]
1.
Purpose. It is the intent of this Section to establish regulations that will permit home occupations and home businesses in a manner that will preserve the peace, quiet, and tranquility of residential neighborhoods and to ensure the compatibility of such uses with other uses permitted within the same zoning district.
2.
General Regulations. All dwellings containing a home occupation or home business shall comply with the following:
A.
The person primarily responsible for the home occupation/business shall be a full-time resident of the premises.
B.
No more than 25% of the gross floor area of the dwelling unit may be used for the practice of a home occupation or a home business. This 25% limitation may be increased only through the approval as a conditional use by the Borough Council.
C.
No displays or change in the building facade, including the dwelling and all accessory buildings, shall indicate from the exterior that the dwelling is being utilized for purposes other than a dwelling.
D.
Storage of materials, products, or machinery used for the home occupation or home business shall be wholly enclosed by the dwelling, within the maximum floor area previously defined, and shall not be visible from any adjacent lot or street.
E.
A home occupation or home business shall not produce noise, obnoxious odors, vibrations, lighting glare, fumes, or smoke detectable to normal sensory perception on any adjacent lots or streets or electrical interference.
F.
The disposal of all materials, fluids, and gases shall be in a manner that complies with all regulations of Cornwall Borough and all other applicable government codes.
G.
Home occupations/businesses utilizing, or proposing to utilize, explosive or highly flammable materials shall require proof of fire department notification and compliance with applicable building codes prior to using such materials.
3.
Additional Requirements for Home Occupations. Home occupations shall be subject to the following additional restrictive requirements in addition to the requirements of subsection .2:
A.
There shall be no visitations by nonresidents for business purposes.
B.
There shall be no retail sales of goods on the premises.
C.
All persons involved in the home occupation shall be full-time residents.
D.
There shall be no evidence from the exterior that the dwelling is being used for purposes other than a dwelling.
E.
No signs shall be utilized.
F.
Traffic generated by the home occupation shall not exceed volumes than would normally be expected in a residential neighborhood.
4.
Additional Requirements for Home Businesses. Home businesses shall be subject to the following additional restrictive requirements in addition to the requirements of subsection .2:
A.
A home business shall limit any external evidence of said business to one nonilluminated sign, not exceeding one square foot in sign area, subject to the sign regulations of this Chapter.
B.
Sales of goods on the premises shall be limited to goods made on the premises and goods that are incidental to services performed on the premises.
C.
The requirement for additional parking facilities shall be determined by the Borough Council.
D.
Deliveries shall not restrict traffic circulation.
§ 14-2613 Communication Antennas, Towers, and Equipment for Commercial Operation.
[Ord. 2008-1, 6/9/2008]
1.
General Requirements for Communications Antennas and Communications Buildings.
A.
Building mounted communications antennas shall not be located on any residential structure.
B.
Building mounted communications antennas shall be permitted to exceed the height limitations of the applicable zoning districts by no more than 20 feet.
C.
Omnidirectional or whip communications antennas shall not exceed 20 feet in height and seven inches in diameter.
D.
Directional or panel communications antennas shall not exceed five feet in height and three feet in width.
E.
Any applicant proposing communications antennas to be mounted on a building or other structure shall submit evidence from a Pennsylvania registered professional engineer certifying that the proposed installation will not exceed the structural capacity of the building or other structure, considering wind and other loads associated with the antenna location.
F.
Any applicant proposing communications antennas to be mounted on a building or structure shall submit detailed construction and elevation drawings indicating how the antennas will be mounted on the structure for review by the Borough Engineer.
G.
Any applicant proposing communications antennas to be mounted on a building or structure shall submit evidence of agreements and/or easements necessary to provide access to the building or structure on which the antennas are to be mounted so that installation and maintenance of the antennas and communications equipment can be accomplished.
H.
Communications antennas shall comply with all applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation.
I.
Communications antennas shall not cause radio frequency interference with other communications facilities located within Cornwall Borough.
J.
A communications equipment building shall be subject to the height and setback requirements of the applicable zoning district for an accessory building.
K.
The owner and operator of communications antennas shall be licensed by the Communications Commission to operate such antennas, and shall provide a copy of such license to the Borough.
2.
General Requirements for Communications Towers.
A.
The applicant shall be required to submit to the Borough evidence of the need for the communications tower and that all alternatives have been exhausted to constructing the communications tower in the proposed location. Applicants are required to prove need by:
(1)
Providing evidence, including coverage diagrams and technical reports, that, in terms of location and construction, there are no existing towers, communications towers, buildings or structures able to provide the platform for the necessary equipment for one or more of the following reasons:
(a)
Planned equipment would exceed the structural capacity of the existing communications towers, buildings or structures, and existing communications towers, buildings or structures, cannot be reinforced to accommodate planned or equivalent equipment at a reasonable cost.
(b)
Planned equipment will cause interference with other existing or planned equipment for that communications tower, building or structure and the interference cannot be prevented at a reasonable cost.
(c)
Existing or approved communications towers, buildings or structures do not have the space on which planned equipment can be placed so it can function effectively and at least be in parity with other similar equipment in place or planned.
(d)
Other reasons make it impractical to place the equipment by the applicant on existing and approved communications towers.
B.
No communications tower shall be permitted within Cornwall Borough that is of a height that would require attached lighting as required by standards of the Federal Aviation Administration (FAA). Other lighting shall be permitted in accordance with the provisions contained elsewhere in this Chapter.
C.
Communications towers may not be located on a lot that is listed on a historic register or in an officially designated State or Federal historic district.
D.
Communications towers shall be no closer than 1,000 feet from another communications tower, such distance being measured as a horizontal distance from tower to tower.
E.
The applicant for a communications tower must execute an agreement with the Borough, in a recorded instrument legally sufficient to the Borough, reviewed by the Solicitor, requiring the removal of the communications tower within one year after the communications tower ceases to function as such. Removal of the communications tower shall include the tower, all appurtenances or component parts thereof, including any associated buildings or structures.
(1)
Responsibility of Owner and Occupant of Premises for Removal. No person, firm, or corporation owning or occupying any property within Cornwall Borough shall permit, leave or cause to be left any communications tower, appurtenances, or component part thereof, including any associated buildings or structures on said property on and after the aforesaid one-year period. A communications tower, all appurtenances or component part thereof, including any associated buildings or structures so remaining on the premises after the prescribed removal date shall be deemed in violation of the provisions of this Section.
(2)
Notice to Conform. Cornwall Borough is hereby authorized, and directed to give notice, by a personal service or U.S. mail to the owner or occupant, or both, as the case may be, by certified mail of the violation of the provisions of this Chapter, and directing and requiring said owner or occupant to conform with the requirements of this Chapter within 30 days after issuance of such notice.
(3)
Violations and Penalties. In case any person, firm, or corporation shall neglect, fail, or refuse to comply with said notice within the period of time stated therein, Cornwall Borough may enter the premises and remove the communications tower, all appurtenances or component part thereof, including any associated buildings or structures. In such event all costs associated with the removal, together with reasonable attorney’s fees and any additional payment authorized by law, may be collected by Cornwall Borough, from such person, firm, or corporation in the manner provided by law for collection of municipal claims or by an action of assumpsit
F.
A security fence and gate, of approved design, of not less than eight feet, including barbed wire at the top, shall completely enclose the communications tower and anchor locations of guy wire (if used). This fencing shall be designed to be compatible with surrounding land uses.
G.
The applicant shall submit a landscaping plan. Landscaping requirements shall be in accordance with the requirements of the Borough’s Subdivision and Land Development Ordinance [Chapter 13].
(1)
Landscaping, consisting of approved evergreen trees, shall be required at the perimeter of the security fencing. Layout and type of trees permitted shall be as set forth in the Cornwall Borough Subdivision and Land Development Ordinance [Chapter 13].
(2)
This requirement may be waived by the Borough if there is existing acceptable vegetation along the property lines.
H.
A minimum of one parking space shall be required. Spaces shall meet requirements of this Chapter. Parking spaces may be surfaced with a durable and dustless gravel surface.
I.
Access shall be provided to the communications tower and communications equipment building by means of a public street or easement of 20 feet in width and shall be improved to a width of at least 12 feet.
J.
Internal access to the Communications Tower shall be provided by a minimum twelve-foot width driveway with a durable and dustless surface, such as concrete or a bituminous surface, for a minimum of 35 feet from the centerline of any public street. The length of the driveway beyond this 35 feet shall, at a minimum be surfaced with durable and dustless gravel.
K.
Communications towers shall be fully automated and unattended on a daily basis. The site shall be visited only for periodic maintenance.
L.
The communications equipment building shall be identified as an accessory building, and the applicable regulations for the host zoning district shall apply.
M.
Guy wires, if utilized, may not be anchored in any setback area of the host zoning district. Guy wires shall not cross or encroach any overhead telephone or electric power lines.
N.
Tower height shall be measured from the top of the foundation to the top of the tower.
O.
A security gate shall be required to be installed a minimum of 45 from the centerline of the public or private roadway.
P.
The applicant shall be required to have control over any land that is within a required setback area of this Chapter. This control, submitted in writing, may be either in the form of ownership, lease, or recorded easement, as reviewed by the Solicitor.
Q.
The applicant shall submit a copy of its current Federal Communications Commission license: the name, address, and emergency telephone number for the operator of the communications tower; and a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the amount $1,000,000 per occurrence covering the communications tower and communications antennas.
R.
No communications tower shall be located closer than 500 feet from any existing structure, playground, ball field, or other area used for active recreation within a municipal park or school.
S.
No more than 10,000 square feet of clear-cutting of wooded areas shall be allowed for the site area of the communications tower.
T.
Setbacks shall be no less than 100% of the tower height from adjacent property lines and public road right-of-way lines. Such distance shall be in a straight line from the communications tower to the appropriate line. This set back shall be increased to 150% if any residential zoning district abuts the property in which the communications tower is located.
3.
General Requirements for Collocation of Facilities. The applicant for the collocation of facilities shall be required to submit a building permit application for approval.
§ 14-2614 Adult-Oriented Businesses.
[Ord. 2008-1, 6/9/2008]
1.
Purpose. The purpose of this Section is to provide for the establishment of adultoriented businesses within the Borough at such places, and in such manner, as is appropriate and reasonable; and to establish reasonable regulations which take into consideration the potential for adverse impact from such businesses upon adjoining property owners, occupants, and uses.
2.
Interpretation and Application. This Section shall be interpreted and applied in a manner consistent with the Constitution and shall not be applied to unduly restrict or infringe upon rights guaranteed thereby.
3.
Severability. The provisions of this Section shall be severable, and in the event any one thereof shall be determined to be invalid or unenforceable, such determination shall not operate to repeal or invalidate the remaining provisions.
4.
As used in this Chapter, the following terms, words, and phrases shall have the meanings ascribed to them by this Section:
ADULT BOOKSTORE
An establishment open to the general public in which 5% or more of the occupied sales or display area offers for sale, for rent or lease, for loan, or for view upon the premises, pictures, photographs, drawings, prints, images, sculpture, still film, motion picture film, video tape, or similar visual representations distinguished or characterized by an emphasis on sexual conduct or sexually explicit nudity, or books, pamphlets, magazines, printed matter or sound recordings containing explicit and detailed descriptions or narrative accounts distinguished or characterized by an emphasis on sexual conduct, or offers for sale of sexual devices.
ADULT-ORIENTED BUSINESS
Any business offering for sale, lease, or hire products, materials, or inventory, the majority of which consists of adult-oriented products, or any business that provides any adult-oriented services. Any business that restricts its clientele to persons over the age of 17 in order to comply with the Pennsylvania Crimes Code, 18 Pa.C.S.A. §101 et seq., shall be considered an adult-oriented business.
ADULT-ORIENTED PRODUCT
Anything which depicts, describes, presents, or displays human nudity or humans engaging in sexual foreplay or intercourse and appearing to have at least a significant motivation for such depiction, presentation, or display the sexual stimulation or sexual gratification of the consumer of same. Also included within this definition is any object that is intended or may be used by the consumer for purposes of sexual stimulation or gratification. Movies having received an R or PG-13 rating, or the literary equivalent of it, shall not be considered adult-oriented products.
ADULT-ORIENTED SERVICE.
Any action performed, for consideration, by one or more persons to or for the benefit of another person or persons where at least one motivation for such action is the sexual stimulation or gratification of either the performer or the recipient.
ADULT THEATER
A building or a room within a building open to the general public, used for presenting live entertainment, motion picture film, video tape, or similar visual representation of materials distinguished or characterized by an emphasis on sexual conduct or sexually explicit nudity.
5.
The use and occupancy of any land, building or structure as an adult-oriented business shall be subject to the following:
A.
An adult-oriented business shall be permitted only by conditional use and only in a GI–General Industrial District.
B.
An adult-oriented business shall not be permitted to be located within 500 feet of any of the following:
(1)
Any building or other structure used for residential purposes.
(2)
Any residentially zoned land.
(3)
The geographical boundary line of the Borough.
C.
An adult-oriented business shall not be permitted to be located within 1,000 feet of any of the following:
(1)
Any other adult-oriented business.
(2)
Any public or private school, park or playground, day care facility, public recreation facility, commercial recreation or entertainment facility, library, museum, or church or other house of worship.
D.
No materials, merchandise, or film offered for sale, rent, lease, and loan or for view upon the premises shall be exhibited or displayed outside of a building or structure, or be visible from outside the building or structure.
E.
Any building or structure used and occupied as an adult-oriented business shall be windowless, or have an opaque covering over all windows or doors of any area in which materials, merchandise, live entertainment or film shall be visible from outside of the building or structure.
F.
No sign shall be located upon the premises that depicts a visual representation of the type of materials, merchandise or film being offered therein.
G.
All entrances to the premises shall be posted with notices that persons under the age of 18 years are not permitted to enter and warning all other persons that they may be offended by the materials, merchandise, or film exhibited or displayed therein.
H.
No adult-oriented business may change to another adult-oriented business except upon approval by an additional conditional use.
I.
The use shall not create an enticement for minors because of its proximity to nearby uses where minors may congregate.
J.
No unlawful sexual activity or conduct shall be permitted.
K.
No more than one adult-oriented business may be located within one building.
L.
All adult-oriented uses permitted hereunder shall have access to a major road as defined in Article 2 of this Chapter.
§ 14-2615 Commercial Uses Permitted in the Village Residential (RV) District.
[Ord. 2008-1, 6/9/2008]
1.
Commercial uses permitted in the Village Residential (RV) District are subject to the following additional conditions:
A.
No outside storage of materials shall be permitted.
B.
The applicant shall demonstrate that sufficient off-street parking facilities will be provided to accommodate the needs generated by such use.
C.
Such businesses shall be of such a size and scope of activity that they do not constitute an unreasonable commercialization of the district that would adversely affect nearby residential uses.
D.
In order for any of the listed uses to be permitted, they must be non-objectionable in terms of smoke or dust emission, odors, noise, heat, vibration, visual impact, or glare, and shall not be injurious or have an adverse affect on adjacent areas or the Borough as a whole. Should the Zoning Officer require additional information in order to make a determination concerning the above-mentioned dangers, the applicant shall provide said information to the Zoning Officer as part of the permit application.
§ 14-2616 Farm-Based Businesses.
[Ord. 2008-1, 6/9/2008]
1.
The primary economic activity of the subject tract shall be agricultural and shall be at least 10 acres in area.
2.
The land area of the proposed farm based business shall not utilize more than one acre of land area inclusive of buildings and parking facilities.
3.
The business shall be conducted and owned by the farmer in residence on the property.
4.
The Borough Council shall determine if the proposed farm based business and land use are not detrimental to the agricultural uses of the Agricultural District and do not interfere or conflict with the continuation and perpetuation of agricultural activities and the health, safety, and welfare of the community. Additionally, the Borough Council may require that impact studies be furnished which evaluate the effect of the proposed business and land use upon the subject tract of land, the abutting properties and the community in general.
5.
The applicant shall acknowledge as part of the conditional use application that additional Borough, County, Commonwealth, and Federal requirements may exist, and that it is his responsibility to comply with any additional requirements.
6.
In the case where the proposed farm based business requires the construction of new buildings or additions to existing buildings, the applicant shall provide information justifying that the location of the proposed construction does not unnecessarily utilize existing agricultural lands and/or does not have an adverse effect upon the existing agricultural uses of the farm.
7.
The land area of the farm-based business shall not, at any time, be permitted to be subdivided from the farm.
8.
No more than two nonresidents shall be employed in a farm-based business.
9.
The applicant shall demonstrate that the proposed farm based business and land use provide for the safe and efficient movement of traffic by addressing anticipated changes in vehicular movements.
10.
Signs that advertise the farm-based business shall not exceed 15 square feet in area.
11.
If determined by the Borough Council, suitable buffering shall be provided when the farm based business is located within 100 feet of an adjacent residential structure.
12.
The owner and/or occupant of the farm-based business shall not allow a nuisance condition to be created in terms of excessive noise, dirt or odor. Additionally, the farmbased business shall be conducted in a manner that does not allow the accumulation of trash and debris.
13.
For purposes of this Section, a farm shall be defined as an area of land employed by the farmer as a single economic enterprise, regardless of the contiguity or number of parcels, plots, or tracts comprising such enterprise.
§ 14-2617 Gasoline Pumps and Other Service Station Equipment.
[Ord. 2008-1, 6/9/2008]
Unless otherwise specified herein, all gasoline pumps, tanks, and all other vehicle service equipment shall be located not less than 35 feet from any lot line and/or road right-of-way and located such that vehicles stopped for service will not extend over the property line. Furthermore, the use and storage of all flammable and combustible liquids shall comply with the requirements set forth by the Fire Marshall Division of the Pennsylvania State Police (based on Pa.Code, Chapters 11 and 13).
§ 14-2618 Golf Courses, Country Clubs.
[Ord. 2008-1, 6/9/2008]
1.
Golf courses, country clubs, and semi-public or private recreation areas and structures operated by membership clubs solely for the benefit of their members and not for gain shall be subject to the following conditions:
A.
A minimum lot area of 200 acres for golf courses and a ten-acre minimum for all other uses.
B.
The sum of all areas covered by principal and accessory buildings shall not exceed 10% of the total lot area.
C.
No building, structure or part thereof or any parking or loading area shall be located within 100 feet of any road right-of-way line or lot line.
D.
Exterior lighting, other than that essential for the safety and convenience of the users of the premises shall be prohibited. All exterior lighting shall be shielded from the view of all surrounding streets and lots.
E.
Any such club shall be incorporated pursuant to the provisions of a membership corporation or unincorporated association approved by the Borough Council and catering exclusively to members and their guests.
§ 14-2619 Alternative Energy Sources.
[Ord. No. 2026-3, 5/11/2026]
1.
Windmills as Accessory Uses.
A.
A maximum of one windmill shall be permitted as an accessory use to an existing principal use within any zoning district by right subject to the regulations set forth in this section. It shall be the joint responsibility of the landowner and applicant to prove compliance with this section at the time of application for a zoning permit.
B.
All windmills shall be located on the same lot on which the principal use is located, with the exception that power lines or related equipment may be located on an adjoining lot, provided it will comply with all applicable virtual net metering laws of the electric utility provider.
C.
The height of the windmill shall include the wind turbine tower and the wind turbine rotor at its point where a blade is directly perpendicular to the ground. The maximum height of the windmill shall be determined by its setback as follows:
Minimum Setback Distance From All Property Lines (feet) | Maximum Windmill Height (feet) |
|---|---|
60 | 35 |
65 | 40 |
70 | 45 |
100 | 75 |
125 | 100 |
D.
No windmill shall be placed between the principal structure on the lot and the street right-of-way.
E.
The minimum clearance between the lowest arc of the windmill blades and the ground shall be 15 feet. If the windmill model that is proposed is a Vertical Axis Wind Turbine (also referred to as a helix type windmill or VAT), the height between the lowest point of the turbine and the ground may be reduced to eight feet.
F.
If guy wire anchors are required, they shall be set back a minimum of 10 feet from any side and rear property lines.
G.
All electric and utility lines associated with the windmill shall be buried underground.
H.
All mechanical equipment associated with and necessary for the operation of the windmill, including any structure for batteries or storage cells, shall be screened from view with an enclosed six-foot-high fence or evergreen plantings of equal height. The evergreen plantings shall be of a type approved by the Borough and shall be planted to provide a full screen of the mechanical equipment. No invasive vegetation or noxious weed shall be permitted to fulfill the screening requirements. The windmill tower shall also be enclosed with a six-foot-high fence unless the base of the windmill tower is not climbable for a distance of 12 feet. Any required fencing shall be made of wood, masonry, durable plastic, or other decorative material approved by the Borough. Chain link fences shall not be permitted unless they are fully screened from view by evergreen plantings of equal or greater height than the fence.
I.
The windmill shall not generate noise which exceeds 55 decibels at any property line.
J.
The windmill shall be kept in good repair and sound condition. Upon abandonment of the use, the windmill, electrical wires, support structures, and any other related structures shall be dismantled and removed from the lot within 60 days.
K.
The co-location of wireless communication antennae on a windmill tower shall not be permitted.
L.
The windmill shall provide power only for the principal use which it services; any power generated by the windmill shall only be sold or acquired by a public utility in accordance with law or other governmental regulations.
M.
The installation of the windmill shall meet all applicable requirements of the UCC.
N.
No signage or advertising of any kind shall be utilized or attached to the windmill. This requirement shall not include the make and model description of the windmill, manufacturer's required hangtags or warning signs or other signage that is required by law.
O.
No lighting, unless required by any FAA requirements, shall be utilized or attached to the windmill.
P.
Windmills shall be neutral, non-obtrusive color such as white, off-white, gray, brown, black or other earth tone shade, unless a specific color or color pattern is required by the FAA or other regulatory agency.
Q.
The owner of the windmill as an accessory use shall be required to provide a certificate of insurance to the Township providing evidence of liability insurance of not less than $300,000.
2.
Large Wind Energy Production Facility as Principal Use.
A.
The layout, design, and installation of large wind energy production facilities shall conform to applicable industry standards, including those of the ANSI, Underwriters Laboratories (UL), Det Norske Veritas, Germanischer Lloyd Wind Energies, the ASTM, or other similar certifying organizations, and shall comply with the UCC and with all other applicable fire and life safety requirements. The manufacturer specifications shall be submitted as part of the application.
B.
Large wind energy production facilities shall not generate noise which exceeds 60 decibels measured at any property line.
C.
All on-site utility and transmission lines extending to and from the large wind energy production facility shall be placed underground.
D.
All large wind energy production facilities shall be equipped with a redundant braking system. This includes both aerodynamic overspeed controls (including variable pitch, tip, and other similar systems) and mechanical brakes. Mechanical brakes shall be operated in a fail-safe mode. Staff regulation shall not be considered a sufficient braking system for overspeed protection.
E.
Large wind energy production facilities shall not be artificially lighted, except to the extent required by the FAA.
F.
Wind turbines and towers shall not display advertising, except for reasonable identification of the large wind energy production facility's manufacturer. Such sign shall have an area of less than four square feet.
G.
Wind turbines and towers shall be a non-obtrusive color such as white, off-white or gray.
H.
All large wind energy production facilities shall, to the extent feasible, be sited to prevent shadow flicker on any occupied building on adjacent lot.
I.
A clearly visible warning sign concerning voltage shall be placed at the base of all pad-mounted transformers and substations or fence.
J.
All access doors to wind turbines and electrical equipment shall be locked or fenced, as appropriate, to prevent entry by non-authorized persons.
K.
No portion of any large wind energy production system shall extend over parking areas, access drives, driveways or sidewalks.
L.
All large wind energy production facilities shall be independent of any other structure and shall be located a minimum distance of twice the turbine height from any inhabited structure, property line, street right-of-way, or overhead utility line.
M.
The minimum height of the lowest position of the wind turbine shall be 30 feet above the ground.
N.
All large wind energy production facilities shall be completely enclosed by a minimum eight-foot-high fence with a self-locking gate, or the wind turbines' climbing apparatus shall be limited to no lower than 12 feet from the ground, or the wind turbines' climbing apparatus shall be fully contained and locked within the tower structure.
O.
The large wind energy production facility owner is required to notify the Borough immediately upon cessation or abandonment of the operation. The large wind energy production facility owner shall then have 12 months in which to dismantle and remove the large wind energy production facility from the lot. At the time of issuance of the permit for the construction of the large wind energy production facility, the owner shall provide financial security in form and amount acceptable to the Township to secure the expense of dismantling and removing said structures.
P.
The owner of the large wind energy production facility shall be required to provide a certificate of insurance to the Borough providing evidence of liability insurance of not less than $1,000,000 and naming the Borough as an additional insured on the policy or policies of the owner and/or lessee.
3.
Small Solar Energy Systems as Accessory Uses.
A.
A small solar energy system shall be permitted as an accessory use to an existing principal use in any zoning district by right subject to the regulations set forth in this section. It shall be the joint responsibility of the landowner and applicant to prove compliance with this section at the time of application for a building/zoning permit.
B.
All solar energy equipment shall be located on the lot in which the principal use is located, with the exception that power lines or any related equipment to the solar energy system may be located on an adjacent lot provided it will comply with all applicable virtual net metering laws of the PUC and the electric utility.
C.
The small solar energy system shall provide power only for the principal use which it services; any excess power generated by the small solar energy system shall only be sold or acquired by a public utility in accordance with law or other governmental regulations.
D.
All mechanical equipment associated with and necessary for the operation of the small solar energy system, including any structure for batteries or storage cells, shall be screened from view with an enclosed six-foot-high fence or evergreen plantings of equal height. The evergreen plantings shall be of a type approved by the Borough and shall be planted to provide a full screen of the mechanical equipment. No invasive vegetation or noxious weed shall be permitted to fulfill the screening requirements. Any required fencing shall be made of wood, masonry, durable plastic, or other decorative material approved by the Borough. Chain link fences shall not be permitted unless they are fully screened from view by evergreen plantings of equal or greater height than the fence.
E.
Ground-Mounted Small Solar Energy Systems.
(1)
No part of a ground-mounted small solar energy system shall be located any closer than 15 feet from any side or rear property lines. The front yard setback from the centerline of the street for ground-mounted systems shall be in accordance with the setback regulations of the district in which the solar energy system is located plus an additional 15 feet from the centerline of the street.
(2)
Ground-mounted small solar energy systems shall not be placed within any legal easement or right-of-way location or be placed within any stormwater conveyance system or in any other manner that would alter or impede stormwater runoff from collecting in a constructed stormwater conveyance system.
(3)
Ground-mounted small solar energy systems shall not be placed in a manner that would cause a violation of any other section of this chapter including minimum parking requirements, required buffer yards or other landscaping requirements, maximum impervious coverage limitations, or any other applicable standards of this chapter as determined by the Zoning Officer.
(4)
Ground-mounted panels of a small solar energy system shall be counted towards the lot's maximum coverage requirements, unless the applicant can demonstrate that stormwater will infiltrate into the ground beneath the solar panels at a rate equal to that of the infiltration rate prior to placement of the panels.
(5)
Ground-mounted small solar energy systems shall not exceed the height of an accessory structure for the particular zoning district the solar system is to be located. In zoning districts where a maximum height of an accessory structure is not separately stated, the maximum height of the solar panels, structures, or other equipment relating to the ground-mounted solar energy system shall not exceed 20 feet.
F.
Roof-mounted small solar energy systems shall not extend beyond the peak elevation of the top of the roof on which the panels are to be constructed. If the solar panels are to be constructed on a flat roof, no part of the solar energy system shall exceed the maximum height requirements for the zoning district in which the building is located.
G.
All electric and utility lines associated with the small solar energy system shall be buried underground.
H.
Any installation of a small solar energy system shall comply with all applicable standards of the UCC.
I.
Solar panels shall be placed such that concentrated solar radiation or glare shall not be directed onto nearby properties or roadways.
J.
The small solar energy system shall be kept in good repair and sound condition. Upon abandonment of the use, the solar panels, electrical wires, support structures, and any other related structures and equipment shall be dismantled and removed from the lot within 60 days.
K.
No signage or advertising of any kind shall be utilized or attached to the small solar energy system. This requirement shall not include the make and model description of the solar energy system, manufacturer's required hangtags or warning signs or other signage that is required by law.
L.
The owner of the small solar energy system shall be required to provide a certificate of insurance to the Borough providing evidence of liability insurance of not less than $300,000.
M.
If water will be used by the solar energy system, evidence that the entity providing public water service has agreed to serve the facility and has capacity to do so.
4.
Large Scale Solar Energy Systems as a Principal Use.
A.
Large scale solar energy systems as principal uses on a lot shall comply with all performance standards stated in § 14-1504 or § 14-1604, as applicable.
B.
The landowner and/or applicant shall present the following evidence to the Zoning Hearing Board at the hearing for a large scale solar energy system:
(1)
A narrative describing the proposed large scale solar energy system, including an overview of the project; the project location; the approximate generating capacity of the solar energy system; the approximate number, representative types and height or range of heights of the panels or other solar energy equipment to be constructed, including their generating capacity, dimensions and respective manufacturers, and a description of all ancillary facilities.
(2)
Identification of the properties or portions thereof on which the proposed large scale solar energy system will be located and also the properties adjacent to where the large scale solar energy system will be located.
(3)
A site plan, drawn to scale, showing all of the following information, as applicable: the planned location of each solar panel, related structures, setback lines, access roads and turnout locations, substations, electrical wiring, ancillary equipment, buildings and structures, including associated distribution and/or transmission lines, floodplains, easements, wetlands and limits of earth disturbance associated with construction of the large scale solar energy system.
(4)
Documents indicating the type and specifications of fencing to be used around the perimeter of the large scale solar energy system.
(5)
Any documents related to decommissioning of the large scale solar energy system, including a schedule for decommissioning of the solar panels and related equipment.
(6)
Documents indicating compliance with other applicable federal, state and local laws regulating large solar energy systems and/or land development including, but not limited to, regulations of the PUC, electric power supplier, Conservation District, and PADEP.
(7)
If water will be used by the large scale solar energy system, evidence that the entity providing public water service has agreed to serve the facility and has capacity to do so.
C.
The minimum lot size for any large scale solar energy system shall be five acres.
D.
No large scale solar energy system related equipment and structures shall be located any closer than 50 feet to any property line and shall not be located closer than 115 feet from the centerline of any public street.
E.
The layout, design, and installation of large scale solar energy system shall conform to applicable industry standards, including those of the ANSI, Underwriters Laboratories (UL), the ASTM, or other similar certifying organizations, and shall comply with the UCC and with all other applicable fire and life safety requirements. The manufacturer specifications shall be submitted as part of the application.
F.
All on-site utility and transmission lines extending to and from the large scale solar energy system shall be placed underground.
G.
All large scale solar energy systems shall be designed and located in order to prevent reflective glare toward any inhabited buildings on adjacent properties as well as adjacent street rights-of-way.
H.
Large scale solar energy systems mounted on the roof of any building shall be subject to the maximum height regulations specified within the zoning district.
I.
The owner shall provide evidence in the form of stamped plans certified by a professional engineer that the roof is structurally sound for any roof-mounted facilities.
J.
All ground-mounted and free standing solar collectors of large scale solar energy systems shall be completely enclosed by a minimum eight-foot-high fence with a self-locking gate.
K.
A clearly visible warning sign concerning voltage shall be placed at the base of all pad-mounted transformers and substations or fence.
L.
The large scale solar energy system owner is required to notify the Borough immediately upon cessation or abandonment of the operation. The large scale solar energy system owner shall then have 12 months in which to dismantle and remove the large solar energy production facility from the property. At the time of issuance of the permit for the construction of the large scale solar energy system, the owner shall provide financial security in form and amount acceptable to the Borough to secure the expense of dismantling and removing said structures.
M.
The owner of the large scale solar energy system shall be required to provide a certificate of insurance to the Borough providing evidence of liability insurance of not less than $1,000,000 and naming the Borough as an additional insured on the policy or policies of the owner and/or lessee.
§ 14-2620 Data Centers.
[Ord. No. 2026-3, 5/11/2026]
1.
Site Requirements.
A.
The minimum lot area for the use shall be 70 acres.
B.
All buildings and structures shall be located at least 750 feet from any residential dwelling existing on the date the special exception application is filed.
C.
A minimum of 300 feet wide landscape strip shall be located along all property lines. No structures, storage, parking or any other related activity or operation shall be permitted within this landscape strip. Any fences or other screening erected on the site must not be located within this landscape strip.
D.
The maximum building height for a data center building shall be 45 feet, inclusive of roof-mounted equipment such as cooling and ventilation systems, HVAC units and cooling towers.
E.
The maximum height of data center accessory uses shall be no greater than the height of the principal building.
F.
Landscaping shall comply with the provisions of Chapter 13, Subdivision and Land Development.
G.
Parking and loading shall comply with Article 24 of this chapter.
2.
Application Requirements. In addition to all information required by § 14-2603, an application for a special exception to develop a data center shall include all of the following information:
A.
A sketch plan meeting all of the requirements of Chapter 13, Subdivision and Land Development, which contains all information required to demonstrate compliance with § 14-2620(1).
B.
A traffic impact study containing all information required by § 13-406(3).
C.
A report on projected water and sewer requirements containing all of the following information:
(1)
If the use will be served by a public water supply, the applicant shall submit documentation from the public water service provider that the public water service provider will supply the water needed.
(2)
If the use is to rely upon nonpublic sources of water, the applicant shall provide a water feasibility study. The purpose of the study is to determine if there is an adequate supply of water for the proposed use and to estimate the impact of the use on existing wells, groundwater, and surface waters in the vicinity. No data center shall be approved unless the water feasibility study demonstrates that the anticipated water supply yield is adequate for the project and that the proposed water withdrawals and discharges will not endanger or adversely affect the quantity or quality of groundwater supplies or surface waters in the vicinity. The water feasibility study shall include the following information at a minimum:
(a)
The projected water demands of the data center.
(b)
The source of water to be used.
(c)
A description of how water will be used, including the amount or proportion of water to be used for each purpose (e.g., cooling, humidity control, fire suppression, and domestic usage).
(d)
The long-term safe yield of the water source.
(e)
A description of the amount or portion of water withdrawn that will be recycled or discharged and by what means.
(f)
A geologic map of the area with a radius of at least one mile from the site.
(g)
The location of all existing and proposed wells within 1,000 feet of the property boundary, with a notation of the capacity of all high-yield wells.
(h)
The location of all surface waters, including perennial and intermittent streams, rivers, lakes, reservoirs, ponds, wetlands, springs, natural seeps, and estuaries, within 1,000 feet of the property boundary.
(i)
A determination of the effects of the proposed water supply system on the quantity and quality of water in nearby wells, surface waters, and the groundwater table.
(j)
A statement of the qualifications and the signature(s) of the person(s) preparing the study.
(3)
The applicant shall provide proof of review and approval from the Susquehanna River Basin Commission for projects proposing:
(a)
Water withdrawals of 100,000 gallons per day (gpd) or more over a 30-day average from any source or combination of sources within the Susquehanna River Basin; or
(b)
Any consumptive water use of 20,000 gpd or more over a 30-day average from any water source.
(4)
The applicant shall demonstrate that adequate means of wastewater disposal, including domestic wastewater and wastewater used for cooling or industrial purposes, have been provided and approved by the Sewage Enforcement Officer, the public sewer service provider, and/or the PADEP.
D.
Power Supply Report.
(1)
If the applicant proposes to connect the data center to the electric grid, the applicant shall provide documentation from the applicable electric service provider certifying that that the necessary capacity is available and that electric service provider will serve the data center Known impacts on electric rates or availability for other uses directly attributable to the data center project shall be noted.
(2)
Any energy generation system designed or used to supply power directly to a data center during normal operations, including solar, wind, fossil fuel, or nuclear energy generating systems, shall not be considered part of the data center use. Such systems shall be considered a separate use and shall be approved according to the zoning regulations applicable to such use.
E.
Noise and Vibration Report.
(1)
The applicant shall demonstrate through a sound study conducted by a professional acoustical expert that the sound generated by a data center and/or data center accessory uses during normal operations shall be limited to a maximum daytime (7:00 a.m. to 8:00 p.m. Monday-Friday) decibel level of 67 dB(A) and a maximum nighttime and weekend (8:00 p.m. to 7:00 a.m. Monday-Friday and all day Saturday and Sunday) decibel level of 57dB(A) as measured from the property line of the use. Such sound study shall be conducted using sound level meters described in ANSI S1.4-2104 and generally accepted methodology. A sound study shall be conducted at the following phases:
(a)
A preliminary study shall be conducted as part of the special exception process. The preliminary sound study shall include recommended sound reducing materials or systems as needed to meet the aforesaid sound limits.
(b)
An interim sound study shall be conducted during the building permit approval process based upon the proposed user or users of the data center and data center accessory uses depicted on the building plans. Any sound reducing materials or systems recommended by interim sound study shall be incorporated into the construction plans for the use.
(c)
An as-built sound study shall be conducted six months after issuance of the certificate of occupancy and prior to the final escrow release for any land development phase. An as-built sound study may also be required thereafter by the Borough. If it is determined by the as-built sound study that there is a violation of the aforesaid noise limits, it shall be considered a violation of this chapter.
(2)
Maximum decibel levels specified herein shall not apply during times of power outage, however the sound studies shall also evaluate and report anticipated decibel levels when all emergency power generation equipment is running, including backup generators.
(3)
The applicant shall provide a vibration study prepared by a qualified professional that demonstrates that no vibration from the data center, data center accessory uses, or associated equipment will be perceptible to the human sense of feeling beyond the property line.
F.
Emergency Management.
(1)
The applicant shall submit an Emergency Response Plan (ERP) prepared by a qualified professional. The ERP shall:
(a)
Be reviewed and accepted by the local fire department and emergency management services as part of the [conditional use/special exception/land development] process.
(b)
Include detailed procedures for fire suppression, containment, ventilation, and evacuation.
(c)
Include an evaluation of the access roads and hydrant locations within the site to ensure suitable access for emergency equipment within the site.
(d)
Ensure that all first responders receive adequate training specific to the installed system.
(e)
Include provisions for annual fire safety inspections demonstrating compliance with fire safety standards to be performed by a qualified professional on behalf of the data center.
(2)
Any data center use proposing battery storage or any other device or group of devices capable of storing energy in order to supply electrical energy at a later time, whether the energy is stored for use on-site or off-site, shall demonstrate compliance with National Fire Protection Association (NFPA) Standard 855, Installation of Stationary Energy Storage Systems, or similar standards and must include fire suppression systems designed specifically for battery storage.
(3)
No data center shall be approved unless the applicant demonstrates that procedures for fire suppression, containment, ventilation, and evacuation are sufficiently protective of public health, safety and welfare.
3.
Operational Requirements.
A.
The data center operator shall provide annual training for first responders in accordance with the approved Emergency Response Plan. Such training shall be at the cost of the data center operator. The data center, operator shall provide the Borough, no later than January 31 of each calendar year, with a report of the training provided to all first responders.
B.
The data center operator shall maintain all landscaping shown on the approved landscaping plan. Trees or shrubs which provide screening and which become diseased or die shall be promptly replaced in accordance with good horticultural practices.
C.
The data center operator shall provide the Borough and all emergency responders with an emergency contact list, including telephone and email addresses of such persons. Any changes to the emergency contact list shall be proved to the Borough and to all emergency responders within 10 days of such change.
D.
The data center operator shall conduct an annual noise study to demonstrate compliance with the maximum daytime (7:00 a.m. to 8:00 p.m. Monday-Friday) decibel level of 67 dB(A) and a maximum nighttime and weekend (8:00 p.m. to 7:00 a.m. Monday-Friday and all day Saturday and Sunday) decibel level of 57 dB(A) as measured from the property line of the use. The data center operator shall provide such study to the Borough on or before July 1 of each calendar year the data center is in operation together with any fee which Borough Council may establish to defray its costs relating to the review of the study. If the study demonstrates that the data center is exceeding these noise limits, the data center operator shall include a mitigation plan and shall implement the mitigation plan within six months.
E.
Testing and routine maintenance of emergency generators shall occur only during daytime hours and not on Saturdays, Sundays, or federal holidays.
F.
The data center operator shall maintain all fencing installed for security purposes. All fencing shall be constructed of good quality and of durable materials.
