Several uses, as specified in the district regulations of this Chapter, are deemed conditional uses. Said uses have been identified as having potential impacts and concerns which are, firstly beyond those and greater than those of permitted uses, and secondly having impacts which might vary considerably depending on the character of the facility, structure, or business proposed, and may require special conditions as recommended by the Planning Commission and approved by the governing body.

(Ord. 935, 5/10/2018, §27-800)

   1.   The Planning Commission shall make recommendations and findings of fact based in the following general and specific criteria, wherein the governing body shall review said finding and conditional use application and shall issue a decision, which may contain reasonable conditions. Said findings, conditions, and recommendations shall consider the following.

   2.   The maximization of the public health, safety, morals, and welfare through adequate buffering and building location recognizing the need to adequately provide for a certain use or class of uses.

   3.   The safety and requirements of the clients, residents, or patrons of a potential use through the design of internal pedestrian and vehicular circulation, site ingress and egress, general manner of operation, signage, lighting, and related improvements.

   4.   The site design of the proposed use shall promote the least intrusive options in regards to signage, vehicular circulation, deliveries, and hours of operation as possible while accommodating the basic requirements of the use’s regular business operations.

   5.   The overall costs versus the benefits in regards to public services, tax revenues, and benefits to the Borough’s residents as related to reasonable site design or associated modifications provided by the applicant.

(Ord. 935, 5/10/2018, §27-801)

   1.   The applicant shall submit the following items, including required filing fees, which shall be required in order to constitute a complete application.

   2.   Where new structures, parking, or landscaping are required or proposed, the applicant shall submit a mylar and sufficient copies of a plan on 24 inch by 36 inch sized paper at a scale necessary to show all required details. Said plan shall be drawn by a registered surveyor and shall include all details necessary to demonstrate and evaluate compliance with this Chapter and the standards and criteria specified in this Article.

   3.   Where new structures are proposed, building elevations showing building facade treatments.

   4.   Conditional uses defined under §§ 27-803 and 27-804 shall submit a community impact analysis consisting of the following information:

      1.   Information concerning the average number of daily vehicle trips estimated to be generated by such use, with peak-hour vehicle trip ends identified.

      2.   Information concerning the estimated amount of tax revenue to be generated by such a use, broken down by revenue to paid to the Borough, the County, and the local school district.

      3.   Information concerning the estimated cost of public services to be provided to such use, broken down by cost to be borne by the Borough, the County, and the local school district, including police, transportation, and other public services.

      4.   Applicants shall submit a narrative detailing the proposed use including gross floor area, number of employees, operating hours, and a general synopsis of business or use activities.

      5.   Required fee per the governing body’s adopted fee schedule.

      6.   The applicant shall indicate whether or not the applicant is willing to accept the decision of a hearing officer if the governing body, by majority vote, accepts the decision and findings of a hearing officer in lieu of its own decision and findings, as authorized in § 913.2 of the MPC as amended.

   5.   Conditional uses applications for planned residential and traditional neighborhood developments may be submitted simultaneously with the tentative approval application, wherein the conditional use shall be reviewed based on materials submitted with the tentative application proposal. Where no proposal is submitted, the applicant shall submit drawings sufficient to demonstrate compliance with the standards outlined in the respective Sections of this Article. Such drawings and materials include, but are not limited to, approximate number and type of units and uses proposed, existing topography on five-foot intervals, the street network and cartway locations within 500 feet of the site.

   6.   A complete application shall be submitted to the Zoning Officer at least 21 days prior to the next regularly scheduled monthly Planning Commission meeting.

   7.   Filing fees and required copies of applications shall be determined by the Borough by resolution or ordinance.

   8.   All conditional uses relating to developments of regional significance and impact shall be forwarded to the Planning Commission for recommendation at least 30 days prior to the public hearing before the governing body. The Planning Commission may hold a public hearing on the matter. The Zoning Officer shall also submit the application to the local planning commission for their consideration. The local planning commission may discuss the matter at a public meeting and may provide a recommendation to the governing body.

   9.   The governing body shall hold a public hearing, per public notice, within 60 days of the filing of a complete application. Where a hearing officer has been designated, the officer shall preside over the hearing.

   10.   A decision and accompanying findings of fact shall be issued within 45 days after the conclusion of the aforesaid hearing. The governing body or hearing officer may attach conditions to any approval that either finds are necessary to permit the conditional use in a manner consistent with this Chapter and this Article in particular. A condition of approval shall include the receipt of the applicant’s signature, indicating acceptance of the findings of fact and conditions, if any, within 30 days of approval, wherein the failure of the applicant to submit the aforesaid acceptance shall be deemed a denial of the conditional use. A copy of the decision shall be filed at the governing body’s office. The decision shall be mailed to the applicant no later than one day following the date of the decision.

   11.   Where the governing body fails to render the decision within 45 days of the conclusion of the required public hearing or fails to commence the required hearing within 60 days from the date of the applicant’s request for a hearing or fails to complete the hearing in accordance with §908(1.2) of the Municipalities Planning Code, the decision shall be deemed to have been rendered in favor of the applicant unless the applicant has agreed in writing or on the record to an extension of time. When a decision has been rendered in favor of the applicant because of the failure of the governing body to meet or render a decision as hereinabove provided, the governing body shall give public notice of the decision within ten days from the last day it could have met to render a decision in the same manner as required by the public notice requirements of this act. If the governing body shall fail to provide such notice, the applicant may do so.

(Ord. 935, 5/10/2018, §27-802)

   1.   Adult uses shall not be established or operated within 500 feet of an existing school, public playground, public park, residential housing area, child-care facility, church, meetinghouse or other actual place of regularly stated religious worship established prior to the proposed adult use. Said distance shall be measured from the lot line on which the preceding uses and facilities are situated.

   2.   Principal structures housing the adult use shall be set back a minimum of 200 feet from the lot line of any property bearing a residential zoning classification.

   3.   The hours of adult uses may be restricted to 8:00 a.m. through 10:00 p.m. Restricted hours, if required as a condition of approval, shall be based upon findings of fact and factors relating to the location of the proposed facility with other businesses, residential areas, and public uses; and shall not be restricted more than the maximum stated herein.

   4.   Application Requirements. Applicants shall submit a plan prepared by a registered surveyor at a scale of at least one inch = one foot showing the general design of the site including building location, ingress and egress, parking, and locations of entrances. Applicants shall submit a narrative detailing the nature of the business proposed and anticipated hours of operation. Applicants shall submit a community impact statement as outlined in this Article.

(Ord. 935, 5/10/2018, §27-803)

   1.   Psychiatric and drug abuse facilities shall not be established or operated within 500 feet of an existing school, public playground, public park, residential housing area, child-care facility, church, meetinghouse or other actual place of regularly stated religious worship within the Borough established prior to the proposed treatment facility. Said distance shall be measured from the lot line on which the preceding uses and facilities are situated.

   2.   Said facilities shall demonstrate compliance with all applicable state regulations as instituted by the Department of Health and the Department of Public Welfare.

   3.   Said uses shall be set back at least 50 feet from any lot line.

   4.   Applicants shall submit a plan prepared by a registered surveyor at a scale of at least one inch = 50 feet showing the general design of the site including building location, ingress and egress, parking, and locations of entrances. Applicants shall submit a narrative detailing the nature of the business and its consistency with applicable state requirements. Applicants shall submit a community impact statement as outlined in this Article.

   5.   Personnel licensed by the Pennsylvania Department of Health shall man such uses during all hours of operation.

(Ord. 935, 5/10/2018, §27-804)

   1.   The applicant shall demonstrate the following, the demonstration of which shall be evaluated by the Planning Commission and the Borough.

      1.   Planned equipment will not exceed the structural capacity of existing communications towers considering existing and planned use of those communications towers, and existing communications towers cannot be reinforced to accommodate planned or equivalent equipment at a reasonable cost.

      2.   Planned equipment will not cause radio frequency (RF) interference with other existing or planned equipment for that communications tower, and the interference cannot be prevented at a reasonable cost.

      3.   Existing or approved communications towers do not have the space on which planned equipment can be placed so it can function effectively and at least in parity with other similar equipment in place or planned.

      4.   Other reasons make it impractical to place the equipment planned by the applicant on existing and approved communications towers.

      5.   The applicant shall also include a plan to indicate feasibility of locating additional communications antennas on the proposed communications tower.

      6.   Where a communications tower is proposed, the applicant shall similarly demonstrate the exhaustion or ineffectiveness of other options as well as the need for the tower proposed.

      7.   No tower permitted shall exceed 199 feet in height.

      8.   Towers shall be setback one foot for every one and one-half feet of the height of the tower or within the district setbacks which would otherwise apply to other principal structures, whichever is greater.

      9.   A solid fencing surrounded by low level landscaping shall screen all other associated structures or equipment. Said structures shall comply with all standards applying to principal structures within the district in which said structures are placed.

      10.   No tower shall be located closer than one mile to any other existing tower. In cases of telecommunications, the applicant shall demonstrate that a significant gap exists in the nationwide cellular network thus necessitating the erection of an additional tower.

      11.   Radio Frequency Emissions. A communications tower shall not, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards and regulations of the FCC, including but not limited to, the FCC Office of Engineering Technology Bulletin 65 entitled “Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields,” as amended.

      12.   Time Period for Municipal Response. Within 30 calendar days of the date that an application for a communications tower is filed with the Borough, the Borough shall notify the WCF applicant in writing of any information that may be required to complete such application. All applications for communications towers shall be acted upon within 150 days of the receipt of a fully completed application for the approval of such communications towers and the Borough shall advise the WCF applicant in writing of its decision. If additional information was requested by the Borough to complete an application, the time required by the WCF Applicant to provide the information shall not be counted toward the 150-day review.

   2.   The following regulations shall apply to communications towers located in the public rights-of-way.

      1.   Location and development standards.

         A.   Height. Communications towers in the ROW shall not exceed 32 feet in height and are prohibited in areas in which all utilities are located underground.

         B.   Location. Communications tower shall not be located in the front façade area of any structure.

         C.   If co-location on exiting utility poles, communications towers, or other tall structures is not possible, new communications towers in the ROW shall be permitted along the following streets and roads:

            (1)   500 block of Victor Street

            (2)   500 block of Playford Street

            (3)   1100 block of Melrose Street

            (4)   400 block of Leslie Street.

      2.   Equipment Location. Communications towers and related equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to otherwise create safety hazards to pedestrians and/or motorists or to otherwise inconvenience public use of the ROW as determined by the Borough. In addition:

         A.   In no case shall ground-mounted related equipment, walls, or landscaping be located within 18 inches of the face of the curb.

         B.   Ground-mounted equipment that cannot be placed underground shall be screened, to the fullest extent possible, through the use of landscaping or other decorative features to the satisfaction of the Borough.

         C.   Required electrical meter cabinets shall the screened to blend in with the surrounding area to the satisfaction of the Borough.

         D.   Any graffiti on the tower or on any related equipment shall be removed at the sole expense of the owner and or/operator of the tower within 30 days’ notice from the Borough of the existence of such graffiti.

      3.   Design regulations.

         A.   Stealth Technology. The WCF shall employ the most current stealth technology available in an effort to appropriately blend into the surrounding environment and minimize aesthetic impact. The application of the stealth technology chosen by the WCF applicant shall be subject to the approval of the Borough.

         B.   Design to Promote Other Users. Any proposed communications towers shall be designed structurally, electrically, and in all respects, to accommodate both the WCF applicant’s antennae and comparable antennae for future users.

         C.   Signs. All communications towers shall post a sign in a readily visible location identifying the name and phone number of a party to contact in the event of an emergency. The only other signage permitted on the WCF shall be those required by the FCC, or any other federal or state agency.

         D.   Lighting. No communications tower shall be artificially lighted, except as required by law. If lighting is required, the WCF applicant shall provide a detailed plan for sufficient lighting, demonstrating as unobtrusive and inoffensive an effect as is permissible under state and federal regulations. The WCF applicant shall promptly report any outage or malfunction of FAA-mandated lighting to the appropriate governmental authorities and to the Borough Secretary.

         E.   Noise. Communications towers shall be operated and maintained so as not to produce noise in excess of applicable noise standards under state law and the Borough Code, except in emergency situations requiring the use of a backup generator, where such noise standards may be exceeded on a temporary basis only.

         F.   Engineer signature. All plans and drawings for a communications tower shall contain a seal and signature of a professional structural engineer, licensed in the Commonwealth of Pennsylvania.

      4.   Gap in Coverage. A WCF applicant for a communications tower must demonstrate that a significant gap in wireless coverage or capacity exists with respect to all wireless operators in the applicable area and that the type of WCF being proposed is the least intrusive means by which to fill that gap in wireless coverage. The existence or non-existence of a gap in wireless coverage shall be a factor in the Borough’s decision on an application for approval of communications tower.

      5.   Radio Frequency Emissions. A communications tower shall not, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards and regulations of the FCC, including but not limited to, the FCC Office of Engineering Technology Bulletin 65 entitled “Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields,” as amended.

      6.   Timing of approval. Within 30 calendar days of the date that an application for a communications tower is filed with the Borough, the Borough shall notify the WCF applicant in writing of any information that may be required to complete such application. All applications for communications towers shall be acted upon within 150 days of the receipt of a fully completed application for the approval of such communications tower and the Borough shall advise the WCF applicant in writing of its decision. If additional information was requested by the Borough to complete an application, the time required by the WCF applicant to provide the information shall not be counted toward the 150-day review period.

      7.   Relocation or Removal of Facilities. 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, an owner of communications tower in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any WCF when the Borough, consistent with its police powers and applicable Public Utility Commission regulations, shall determine that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:

         A.   The construction, repair, maintenance or installation of any Borough or other public improvement in the right-of-way;

         B.   The operations of the Borough or other governmental entity in the right-of-way;

         C.   Vacation of a street or road or the release of a utility easement; or

         D.   An emergency as determined by the Borough.

      8.   Insurance. Each person that owns or operates a communications tower shall provide the Borough with a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering each communications tower.

      9.   Reimbursement for ROW use. In addition to permit fees as described in this section, every communications tower in the ROW is subject to the Borough’s right to fix annually a fair and reasonable fee to be paid for use and occupancy of the ROW. Such compensation for ROW use shall be directly related to the Borough’s actual ROW management costs including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other ROW management activities by the Borough. The owner of each communications tower shall pay an annual fee to the Borough to compensate the Borough for the Borough’s costs incurred in connection with the activities described above.

      10.   Time, Place and Manner. The Borough shall determine the time, place and manner of construction, maintenance, repair and/or removal of all communications towers in the ROW based on public safety, traffic management, physical burden on the ROW, and related considerations. For public utilities, the time, place and manner requirements shall be consistent with the police powers of the Borough and the requirements of the Public Utility Code.

   3.   Communications Antennas.

      1.   Communications antennas that fall under the Pennsylvania Wireless Broadband Collocation Act shall not be subject to conditional use proceedings.

      2.   Communications antennas that do not fall under the Pennsylvania Wireless Broadband Collocation Act shall be subject to the following regulations:

         A.   Non-commercial usage exemption. Borough residents utilizing satellite dishes and antennae for the purpose of maintaining television, phone, amateur (HAM) radio, and/or internet connections at their respective residences shall be exempt from the regulations enumerated in this section of the Zoning Ordinance.

         B.   Standard of care. All communications antennas shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including but not limited to the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, and National Electrical Code. WCF shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Borough.

         C.   Radio frequency emissions. A communications antenna shall not, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards and regulations of the FCC, including but not limited to, the FCC Office of Engineering Technology Bulletin 65 entitled “Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields,” as amended.

         D.   Historic Buildings. No communications antenna may be located upon any property, or on a building or structure that is listed on either the National or Pennsylvania Registers of Historic Places, or is listed on the official historic structures and/or historic districts list maintained by the Borough.

         E.   Collocation. Communications antennas in the ROW shall be collocated on existing poles, such as existing utility poles or light poles. If collocation is not technologically feasible, the WCF applicant shall locate its communications antenna on existing poles or freestanding structures that do not already act as wireless support structures with the Borough’s approval.

         F.   Design Requirements:

            (1)   Height. WCF installations located above the surface grade in the public ROW including, but not limited to, those on streetlights and joint utility poles, shall consist of equipment components that are no more than six feet in height and that are compatible in scale and proportion to the structures upon which they are mounted. All equipment shall be the smallest and least visibly intrusive equipment feasible.

            (2)   Stealth design. Antenna and related equipment shall be treated to match the supporting structure and may be required to be painted, or otherwise coated, to be visually compatible with the support structure upon which they are mounted. Borough Council shall have the discretion to approve or deny the applicant’s final design choice.

         G.   Insurance for Facilities not in the ROW. Each person that owns or operates a communications antenna not located in the ROW shall provide the Borough with a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the communications antenna.

         H.   Time, Place and Manner. The Borough shall determine the time, place and manner of construction, maintenance, repair and/or removal of all communications antennas in the ROW based on public safety, traffic management, physical burden on the ROW, and related considerations. For public utilities, the time, place and manner requirements shall be consistent with the police powers of the Borough and the requirements of the Public Utility Code.

         I.   Removal, Replacement and Modification of Antennas not in the ROW.

            (1)   The removal and replacement of a communications antenna and/or accessory equipment for the purpose of upgrading or repairing the WCF is permitted, so long as such repair or upgrade does not substantially change the overall size of the wireless support structure or the number of antennae.

            (2)   Any material modification to an existing WCF shall require notice to be provided to the Borough, and possible supplemental permit approval to the original permit or authorization.

         J.   Relocation or Removal of Facilities in the ROW. Within two months 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, an owner of a WCF in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any WCF when the Borough, consistent with its police powers and applicable Public Utility Commission regulations, shall have determined that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:

            (1)   The construction, repair, maintenance or installation of any Borough or other public improvement in the right-of-way;

            (2)   The operations of the Borough or other governmental entity in the Right-of-Way;

            (3)   Vacation of a street or road or the release of a utility easement; or

            (4)   An emergency as defined by the Borough.

(Ord. 935, 5/10/2018, §27-805)

   1.   Where new construction is proposed, neighborhood public and semi-public uses shall be limited to a building footprint twice the size of the specified minimum building footprint, per the number of stories proposed.

   2.   While permitting handicap parking and forms of parking or drop-off necessary to the regular functioning of the use, required parking shall be located in the side or rear yards of the use, unless the character of an existing property does not permit such an arrangement.

   3.   All impervious surfaces shall be set back at least five feet from any property line.

   4.   Any parking lot which directly faces an abutting property containing a principle residential use or which faces a street, shall provide a continuous screen of low level landscaping such that the headlights of vehicles are not visible through said screening when screening has grown to maturity.

   5.   The hours of neighborhood public and semi-public uses may be restricted to 7:00 a.m. through 10:00 p.m. Restricted hours, if required as a condition of approval, shall be based upon findings of fact and factors relating to the location of the proposed facility with other businesses, residential areas, and public uses; and shall not be restricted more than the maximum stated herein.

(Ord. 935, 5/10/2018, §27-806)

   1.   It is the intent of the Borough to provide for an adequate range and amount of recreational and community facilities. The remaining provisions of this Article not withstanding, said facilities may consist of a combination of the following uses as principal or accessory uses.

      1.   61162  Sports and Recreation Instruction

      2.   71394  Fitness and Recreational Sports Centers

      3.   53112  Lessors of Nonresidential Buildings (except Miniwarehouses)Banquet Halls only

      4.   7221  Full-Service Restaurants

      5.   7222  Limited-Service Eating Places

   2.   Any structure housing these facilities shall be located at least 50 feet from the bounding property lines of all commonly owned properties which constitute a park and zoned neighborhood park. Likewise, impervious surface area for parking and access to said facilities shall be located no closer than 20 feet to said lines.

   3.   Any parking lot or outside storage area which directly faces an abutting property containing a principle residential use or which faces a street, shall provide a continuous screen of low level landscaping such that the headlights of vehicles are not visible through said screening when screening has grown to maturity.

   4.   The maximum height of any approved structure shall be two stories or 35 feet.

   5.   The maximum building footprint of any approved structure shall be 25,000 square feet.

   6.   The maximum building coverage of structures approved to house community center activities in addition to all other structures located within the bounding property lines of all commonly owned properties which constitute a park and are zoned neighborhood park, shall not exceed 20% of said area. Where said area consists of multiple parcels, covenants shall be recorded stating that either no further building shall take place or no coverage beyond a percent determined by this Section and governing body shall be constructed. Also, a condition of approval may, if necessary, include limits on further building and zoning permits issued by the municipality.

   7.   Approvals of conditional uses shall include the condition that any change of use of approved facilities shall require subsequent conditional approvals.

   8.   The applicant shall submit a parking plan, to be evaluated in accordance with the parking standards of this Chapter, a general site plan showing the area of the buildings, proposed landscaping where required by the local subdivision ordinance, and building elevations showing general schematics and facade materials, and all other requirements associated with Section 709 of this Chapter.

   9.   Approval and findings of fact of the preceding uses and structures shall be based on the following.

   10.   The level of community and recreational need filled by the proposed facility versus the impact of the facility on vehicular circulation, surrounding neighborhoods, and the functionality of the park in which it is located.

   11.   The present character of the surrounding land shall be considered. The grounds shall be suited for and maintained such that the property provides for passive recreational uses in addition to the proposed facilities and uses.

   12.   The proposed facilities shall promote community activity in a manner that provides a focal point for cultural and recreational activities for all ages while presenting minimum impacts and nuisance potential for the Borough as a whole as well as adjacent properties.

   13.   The governing body may consider additional uses not cited above based on their adherence to the aforementioned criteria. The governing body may likewise restrict the above listed uses based on the preceding criteria.

(Ord. 935, 5/10/2018, §27-807)

   1.   The applicant shall submit scaled drawings, sealed by a Pennsylvania Licensed Surveyor, depicting the location of the proposed structure, the subject right-of-way and cartway, and the location of existing structures sufficient to demonstrate compliance with the criteria listed herein as they relate to the applicant’s request.

   2.   The applicant shall submit general information in terms of the height of the proposed structure.

   3.   Approval and findings of fact shall be based on the following:

      1.   The proposed build-to line shall be consistent with the general character of the block on which it is proposed.

      2.   The build-to line proposed shall vary from that of the most proximate structure only where that structure’s location is found to be out of character with the remaining structures on a block.

      3.   The general scale of the structure, in terms of the number of stories proposed, shall be consistent with that of existing structures on a block.

      4.   The Borough may place conditions requiring landscaping and sidewalk placement that integrates the development with adjacent uses for the respective purposes of property value preservation and the facilitation of pedestrian access throughout the subject neighborhood or business district.

(Ord. 935, 5/10/2018, §27-808)

   1.   The drive-through facility shall comply with all standards cited in the Article VIII of this Chapter.

   2.   Minimum lot frontage shall be 150 feet.

   3.   Minimum lot size shall be 20,000 square feet.

   4.   The drive-through facility shall contain appropriate buffering in the form of landscaping or decorative fencing designed to block the effects of headlights and noise generated by associated vehicle operation.

   5.   The facility shall comply with all standards listed under § 27-401 of this Chapter.

(Ord. 935, 5/10/2018, §27-809)

   1.   The use shall be conducted on a minimum three-acre lot or parcel.

   2.   Principal structures shall be setback a minimum of 200 feet from side and rear property lines.

   3.   Any storage or display of materials within 100 feet of any property line or in front of the principal structure shall be screened by an opaque fence such that the materials stored are not visible more than five feet above said fence. Said fences shall be set back a minimum of 20 feet from any property line and shall be classified as a principal structure subject to those requirements as specified in § 27-907, “Landscaping and Buffering.”

   4.   The use shall meet all performance standards applicable including, but not limited to, noise, lighting, and parking.

   5.   No parking of construction equipment, commercial vehicles, loading, or storage of materials shall be conducted in the front yard of the facility.

(Ord. 935, 5/10/2018, §27-810)

   1.   A continuous hedgerow or screening of low level plantings shall be installed around the perimeter of any parking, sales, or storage lot facing a street, access drive, or side lot line.

   2.   The area of impervious surface covered by access drives, loading areas; parking, storage, and sales lots shall be limited to twice that of the gross square footage of the principal structure or structures housing the use or establishment.

(Ord. 935, 5/10/2018, §27-811)

   1.   The building shall be reasonably necessary for the satisfactory provision of services by the utility to the neighborhood or area in which the particular use is to be located.

   2.   The design of any building in connection with such facilities must conform to the general character of the area and not adversely affect the enjoyment of property rights in the zoning district in which it is located.

   3.   The applicant shall demonstrate adequate screening through fencing, landscaping, or a combination thereof.

(Ord. 935, 5/10/2018, §27-812)

   1.   The proposed site shall contain a minimum of 75,000 square feet of contiguous parcels or parcels directly fronting an existing street or right-of-way in a parallel manner.

   2.   The site shall be located in proximity to an existing street network so that the site may integrated into the adjoining network at least two access points.

   3.   Each phase of any such development shall contain a minimum of 30,000 square feet.

(Ord. 935, 5/10/2018, §27-813)

   1.   Each tentative TND or phase thereof shall include at least eight mobile homes.

   2.   The proposed site shall be comprised of contiguous parcels or parcels.

   3.   Where mobile home lots front an existing street, the governing body may require the following based upon the location of the site and its subsequent impact on adjoining neighborhoods of differing character and housing type in order to protect the market values and existing neighborhood character:

      1.   Continuous screening provided by a hedgerow or low-level plantings.

      2.   A tree lawn up to ten feet in width between required sidewalks and or the subject right-of-way with high-level plantings every 50 feet or in a manner consistent with adjoining neighborhoods.

      3.   Access to mobile home lots may be restricted to access drives within the mobile home park.

(Ord. 935, 5/10/2018, §27-814)

   1.   The minimum site area shall consist of ten contiguous acres.

   2.   While planned residential development is intended to provide for the preservation of steep slopes and wooded hillsides, the site shall demonstrate a reasonable feasibility to construct the units proposed.

   3.   Each phase proposed shall include at least 25% of dwelling units approved.

(Ord. 935, 5/10/2018, §27-815)

   1.   The minimum site area shall consist of ten contiguous acres. A minimum of three contiguous acres within the site shall bear an absence of steep slopes.

   2.   Each phase shall contain a minimum of three acres, excluding open space required or approved.

(Ord. 935, 5/10/2018, §27-816)

   1.   A copy of all site plan information that will be required by the State DEP shall also be submitted as part of the zoning application.

   2.   A detailed and appropriate land reclamation and reuse plan of the area to be excavated shall be submitted to the Zoning Officer.

   3.   After areas are used for mineral extraction, those areas shall be reclaimed in phases to a nonhazardous and environmentally sound state permitting some productive or beneficial future use.

   4.   A 75-foot-wide yard covered by natural vegetative ground cover (except at approved driveway crossings) shall be required along all exterior lot lines that are within 250 feet of an area of excavation. This yard shall include an earth berm with a minimum average height of six feet and an average of one high level planting for each 50 feet of distance along the lot lines.

   5.   The area of excavation shall be set back from the exterior property lines of the parcel or parcels involved by a minimum of 100 feet, including 100 feet from any street.

   6.   Reasonable standards encouraging compliance with § 27-401, “[Use] Performance Standards,” shall be imposed, including but not limited to hours of operation and points of primary access.

   7.   Bonding of all local roads within the Borough shall be a condition precedent to the commencement of operations on the site.

(Ord. 935, 5/10/2018, §27-817)

   1.   Application Requirements.

      1.   The applicant shall submit evidence that all required materials have been submitted to the Department of Environmental Protection.

      2.   The applicant shall submit a statement of understanding concerning the standards of this Section and the applicant’s plan for compliance, namely in regards to the use of compression on the site.

      3.   The applicant shall submit cross sections of the proposed access where it meets municipal streets.

      4.   The applicant shall submit site distance measurements for the access, whether proposed or existing.

      5.   The applicant shall submit a plan showing the access route (of municipal or State roads) over which heavy equipment will travel to the site.

   2.   The preceding items one through five, along with the required fee, shall constitute the minimum required to consider the request for conditional use complete.

   3.   The applicant shall meet all current minimum driveway site distance standards and shall demonstrate that the point of access to any municipal street will not cause the erosion of mud or debris onto said street.

   4.   Bonding of all local roads within the Borough shall be a condition precedent to the commencement of operations on the site.

   5.   Noise limits shall, to the furthest extent practical in terms of well drilling, and in terms of compressor use, both short and long term, comply with the performance standards outlined under § 27-401.

(Ord. 935, 5/10/2018, §27-818)

   1.   Principal structures containing more than 8,000 square feet of gross floor area shall be setback at least 100 feet from the side and rear property lines.

   2.   Parking and access drives shall be set back a minimum of 50 feet from side and rear lot lines.

   3.   Accessory structures greater than 2,000 square feet of gross floor area shall be set back a minimum of 50 feet from side and rear lot lines.

   4.   Sufficient mounding and landscaping shall be installed to ensure the shielding of glare and general vehicular traffic.

(Ord. 935, 5/10/2018, §27-819)

   1.   Parking shall be located within the distances specified elsewhere in this Chapter.

   2.   All establishments utilizing the parking area shall demonstrate the right to perpetually utilize said area through the recordation of easements or covenants that guarantee access. Leases may be accepted provided that the applicant can demonstrate the feasibility of parking alternatives upon lease expiration. The occupancy of the respective establishment, in such an instance, shall be conditioned upon the availability of said parking wherein the applicant shall sign a statement of understanding verifying said condition.

   3.   The timing and character of establishment usage shall provide for the proper amount of spaces per establishment utilizing the parking at any time of day. The occupancy of the respective establishment, in such an instance, shall be conditioned upon the operating hours or range of hours presented wherein the applicant shall sign a statement of understanding verifying said condition.

   4.   Proper signage and pedestrian safety designations and amenities, including sidewalks, shall provide for safe access from each establishment to the parking area.

(Ord. 935, 5/10/2018, §27-820)

   1.   Similar uses not specified as otherwise defined in this Chapter shall be evaluated in accordance with the general standards set forth in this Article.

   2.   Said uses shall conform to the general character and purpose of the district in which they are proposed as well as the character of those uses otherwise authorized therein.

   3.   Said uses shall be determined as similar to uses otherwise permitted within the zoning district in which the use is proposed where:

      1.   Uses are generally within the same three digit NAICS category as a use expressly authorized.

      2.   Production, trip generation, pedestrian traffic generated, hours of operation, and display of products or services shall be reasonably similar to those of uses expressly authorized within the district where the use is requested.

      3.   The use shall not be expressly authorized in any other district or location within the Borough.

   4.   Said uses shall be situated such that their proximity to abutting uses; especially dwellings, churches, and schools; does not compromise the safety and expected use and quiet enjoyment of their occupants, visitors, members, or students.

(Ord. 935, 5/10/2018, §27-821)

   1.   Normal agricultural operations shall take place on parcels of ten acres or greater, wherein operations on smaller parcels shall be considered a nuisance given the general topography of the Borough which would effectively limit the operation to a concentrated area of the property.

   2.   Boarding of horses shall be limited to one horse per every three acres of the parcel.

   3.   All principal structures shall be set back a minimum of 100 feet from any property line.

   4.   Greenhouses totaling not more than 5,000 square feet shall be permitted as accessory retail, where 80% of gross sales are derived from the sales of produce grown on site.

   5.   All patron parking shall comply with the provision of § 27-907, “Yard and Buffering Standards.”