If the lot is located in the R-1, R-2 or R-3 District, a single-family dwelling may be constructed on it as a permitted use, provided that the lot has a lot width of 40 feet and is in at least sixty-percent compliance with each of the following requirements for the single-family dwelling, as specified in the district in which the lot is located: rear yard, side yard and maximum building coverage.

The following requirements shall be met before the issuance of a permit:

If the lot is located in any remaining district, then a structure may be constructed, but not exceeding the maximum height for a use permitted in the district in which it is located, as shown on the bulk regulations chart,[1] provided that the off-street parking and loading requirements of this chapter shall be complied with and that the front, side and rear yards are in keeping with the surrounding area.

The owner of said nonconforming use or structure has obtained a certificate of nonconformance in accordance with the procedures set forth in § 157-16A of this chapter.

When a nonconforming use of a structure, and/or premises in combination, is discontinued or abandoned for 12 consecutive months (except when death, involuntary or government action impedes access to or use of the premises), the structure, and/or premises in combination, shall not thereafter be used except in conformity with the regulations of the district in which such is located.

If less than 50% of the floor area of any such nonconforming use is damaged, it may be restored or reconstructed within a period of 12 months of the date of the damage.

Enlargement. Such nonconforming use may not be enlarged more than 25% of the existing floor or use area.

All parking and off-street loading requirements shall be met with the expansion of any nonconforming use.

Maximum height: 1 1/2 stories or 15 feet in height.

Distance from side lot line: not less than four feet from the side lot line, except in the case of corner lots where the full side yard as specified in the Table of Bulk Regulations shall be maintained.[1]

Distance from rear lot line: not less than four feet from the rear lot line.

Distance from principal structure: not less than 10 feet from a principal structure.

Solar power systems are permitted in all zoning districts.

Woodburning furnaces and wind power generating systems.

Except as otherwise provided for in this chapter, all construction of outdoor recreational facilities shall be by special exception, with the following exceptions:

Outdoor recreational facilities shall include but are not limited to tennis courts and ice skating rinks.

Requirements shall be as follows:

Off-street parking requirements as specified in §§ 157-64, 157-65 and 157-66.

No sound level of over 60 dB at a lot boundary (40 dB if abutting a residential district). Sound-proofing, when possible, is required.

Lighting according to §§ 157-88 and 157-88.1.

A setback of 25 feet for any structure abutting a residential district.

Pedestrian skywalks shall be designed so to be architecturally integrated with existing and proposed structures.

Skywalks shall be a minimum of 14 feet above finished grade at all points.

All skywalks shall be lighted to aid in the safety of pedestrian movement and to discourage vandalism or acts of violence. Lighting shall comply with § 157-88.1.

All skywalks shall be completely enclosed with glass and/ or other acceptable materials to be approved by the Borough Council.

The parking structure exterior shall be harmonious with surrounding buildings and integral with the treatment of the buildings they are built to serve.

The location of parking structure entrances and exits must be planned so as to have the least impact on residential streets and busy intersections.

Facade length and height must be limited so as not to create large blank walls without the benefit of architectural relief and landscaping.

Setbacks must be consistent with what is required for the district within which it is located.

Interfloor travel system. Interfloor travel systems shall be designed to provide for the maximum ease of circulation within the structure and to create a minimum dump-time at peak hours.

Interior garage signage. Directional and informational signs shall be placed so as to direct motorists to parking spaces and exits and should inform the driver of one-way aisles and ramps. They shall also direct pedestrians to exits, stairs and elevators.

Exterior garage signage. Directional signs for entrances and exits shall be posted as needed; however, no such signage shall be larger than 12 square feet in size.

Lighting within the garage is necessary to aid in the safety of movement and to discourage vandalism or acts of violence. The table below presents minimum and desirable lighting standards for garages. A high light level is needed at the entrance where a driver proceeds from bright sunshine into the garage.

Setback requirements. Bulk, area and setback requirements shall conform to the requirements of the district within which the structure is proposed; with the exception that shared parking structures by institutional uses may have a zero side yard setback on the shared common side only in any I-M or I-U Zoning District.

Landscaping. A planting shall be provided along all property lines where street rights-of-way abut the parking structure. The minimum landscaping strip shall be eight feet wide, to be planted with shade trees and low shrubs. Provide a minimum of one shade tree per every 40 feet of lot frontage. Additional shade trees may be necessary to effectively shade/screen the parking structure.

One freestanding sign shall be permitted for each entrance to the shopping center, but in no case shall more than two freestanding signs be permitted per shopping center.

The maximum area of any one freestanding sign shall be 300 square feet. A double-faced sign shall be counted as two signs.

The maximum height of any freestanding sign shall be 30 feet.

Signs which refer to any single temporary event or purpose which do not exceed two in number or seven square feet in area and which are not to be located in any public right-of-way shall not require any zoning permit, provided that such signs shall be removed by the property owner within one day after the circumstances leading to their erection no longer apply.

Signs of any size, exceeding two in number, which refer to any single temporary event or purpose or signs which are to be located in any public right-of-way shall require a zoning permit and the deposit of a bond to insure the removal of said signs by the applicant within seven days after the circumstances leading to their erection no longer exist. The bond, payable by cash or certified check, shall equal $20 plus $0.20 for each sign to be erected. The temporary sign permit fee for a temporary sign permit shall be established by resolution of the Borough Council.

The main supporting structure of all freestanding business signs and freestanding signs permitted in residential or other districts shall not be located closer than three feet to any property line, except for official traffic signs or other governmental signs.

Signs attached to any structure shall be attached flat against the structure and shall not hang, suspend or project outward from the wall to which they are attached.

Signs shall not be located in any public right-of-way, except when such signs are required in connection with the provision of essential services or when such signs are permitted as temporary signs as provided for in this chapter.

A sign serving a public recreation trail or publicly -owned park shall be allowed at up to two entrances from a public street, with such sign having a maximum sign area of 42 square feet on each of two sides. Identification signs with a maximum sign area of six square feet each shall be allowed at pedestrian and bicycle entrances to a public recreation trail. A maximum of 20% of such sign area may include the name and/or logo of a sponsor of the facility.

If a sign that is accessory to a public recreation trail or a publicly -owned park is not readable from any street or property line, it shall not be regulated by this chapter and shall not need a sign or zoning permit or a permit fee.

Signs within a publicly-owned park or adjacent to a public recreation trail that are necessary to warn motorists and trail users of possible safety hazards and regulatory and warning signs shall be allowed in all districts and shall not need a sign permit or a permit fee.

No animated signs shall be permitted. This would include any parts that would cause the effect of movement.

Only two-dimensional signs with a single face are allowed.

Signs shall contain no parts that are holographic or be able to produce any holographic image.

Signs shall have no protruding elements.

There shall be no other activity associated with a sign such as broadcasting, etc.

There shall be no reflective material or devices installed on a sign. There shall be no glare from or other lighting with the sign that will adversely affect passing traffic.

All new, conversions of and additions to buildings other than single- and two-family homes shall provide accessibility and usability for physically handicapped people in accordance with American National Standard A117.1-1986. Further, handicapped parking shall be provided at a ratio of one space for each 20 off-street parking spaces that are required.

In the Central Business District, parking shall not be required for any commercial use. However, parking shall be required for residential uses at the rate of 1.5 spaces per unit. Parking design standards specified in this section are mandatory.

A certificate of occupancy for any new use, structure or premises shall not be issued until all of the required parking facilities and landscaping for the use have been completed in conformance with the requirements of this article.

Any off-street parking or loading facility which is permitted but not required shall comply with all provisions of this article governing location, design, improvements and operation.

Any use of property which is nonconforming only as to off-street parking facilities may be continued in the same manner, except that, at the time of expansion, screening and landscaping of all existing and new parking areas shall be provided as required by this article. If information becomes available which indicates that existing parking spaces are insufficient, inaccessible or unavailable, the Borough may require the submittal of updated parking space calculations, which shall be provided by the applicant within 45 days of a request by the Borough.

When 10 or more spaces are required 20% of the spaces may be allocated for compact cars, which shall meet the dimension requirements of this section and § 157-65.

In the event that two or more uses occupy the same building, lot or parcel of land, the total requirement for off-street parking shall be the sum of each individual use computed separately.

If parking is developed in the Central Business District, the following provisions are not applicable to the development of that off-street parking:

Parking space calculations shall be accompanied by a plan which shows all parking spaces consecutively numbered for ease of identification. Only parking spaces meeting the size and configuration provided for in this article shall be counted towards meeting the required number of parking spaces, unless they are existing nonconforming parking spaces.

Provisions for snowplowing and snow piles shall be made in designing a parking lot. The number of parking spaces provided to meet the parking requirements of this article shall be increased by 6%, rounded to the nearest whole number, for any parking lot where no area is designated for storing snow or no other provisions are made for snow removal.

Parking spaces temporarily lost due to construction shall be replaced with suitable spaces meeting the requirements for parking spaces under this article, except for surfacing material.

Residential off-street parking standards.

An adjacent lot or lot within a radius of 400 feet may be used which is in the same person's possession as the structure or use. Such possession may be by deed or long-term lease, approved as to form by the Borough's Attorney and recorded in the office of the County Recorder. A copy of the recorded document stipulating the reservation of the property for parking purposes shall be filed with the Borough prior to issuance of a zoning permit. In no case shall any parking extend into abutting residential districts.

All parking spaces used to meet any and all of these parking requirements shall be located as follows:

The minimum off-street parking stall dimensions should be as follows:

Parking structures.

Assessment of current parking facilities, if any.

Provide car counts during a time of peak use. For a proposed facility, counts from a similar facility may be used or data from a commonly accepted publication may be accepted.

Calculation of parking demand for the proposed facility, addition, or change of use.

Development of a specific management implementation plan, including the cost for each item.

Provide an operation and enforcement plan to ensure adherence to the parking management plan.

Development of a contingency plan if the parking management plan does not achieve all of its goals.

The minimum size of loading spaces shall be at least 12 feet in width and 40 feet in length with 14 feet in vertical clearance. The Zoning Hearing Board, in special circumstances, based on the nature of the use or combination of uses as well as the specific design characteristics of the projects, may modify this requirement.

Loading spaces shall be located so commercial vehicles shall not back into a public street or alley.

Any commercial or industrial development that uses part of the property for the storage of materials, supplies, trucks, trailers or anything considered an accessory and integral part of the business shall submit as part of the zoning application a drawing that depicts a screening plan.

Storage requirements.

All conversions shall comply with § 157-65 (off-street parking).

No parking spaces shall be permitted in the front yard.

No parking area shall be located within five feet of any abutting property line.

Access drives shall not be located within three feet of adjoining property lines.

Each unit shall meet applicable Building Code requirements and be a minimum of 800 square feet in size.

All conversions shall comply with the usable open space requirements as provided in § 157-72.

All requirements as specified in Article V, § 157-72, Multifamily residential dwellings, and §§ 157-64, 157-65 and 157-66 (off-street parking) are applicable.

The entire structure may be converted to commercial use or may provide residences above the first floor and shall have at least 600 square feet of living space and required space for each dwelling unit, and the design of said conversion shall be undertaken in a manner which ensures its compatibility with other commercial structures in the adjoining neighborhood.

All of the parking requirements of this chapter shall be complied with.

All driveways and vehicular access to the structure shall be planned in a manner which ensures vehicular and pedestrian safety. Driveway access points shall be restricted to the minimum required to provide safe vehicular access.

To the maximum extent possible, the provisions of § 157-86 shall be complied with.

This includes, within the S-1, M-1, I-M and I-U Districts, the conversion of existing structures or uses to new uses which meet the permitted or special use requirements of the district in which such conversion is proposed.

Attractively landscaped. A separate detailed site plan showing landscaping proposals is required. The plan shall show the type, size, number and placement of all plantings. Trees shall be placed at intervals no greater than four feet along buffer and screening areas. The landscaping site plan will incorporate reasonable proposals from the Planning Commission and Zoning Hearing Board as conditions for the issuance of a zoning permit.

Adequate ingress and egress. An ingress and egress area shall be at least 22 but not greater than 40 feet wide for two-way traffic and at least 18 feet wide for one-way traffic. All plans shall incorporate reasonable proposals from the Planning Commission and Zoning Hearing Board as conditions for the issuance of a permit If the property is located on a state highway, a Pennsylvania Department of Transportation permit is needed prior to final approval by the Zoning Hearing Board.

Site plan. The site plan shall conform to the following requirements. If the site plan does not meet the plan requirements, it shall be deemed incomplete and may be rejected for specific reasons.

All multifamily dwelling units shall be located on or above the ground level and shall have a minimum living area of 600 square feet. Multiple buildings are permitted, provided that buildings are at least 20 feet apart.

All multifamily developments are required to provide two parking spaces per dwelling unit and 10% of the total required parking spaces as a visitor parking allocation per dwelling unit and developed within the same parking scheme applied to the units.

Usable open space is the unoccupied area of a lot. Usable open space does not include the areas of principal and accessory structures, streets, driveways or parking areas but may include areas occupied by playgrounds, outdoor recreation or play apparatus, swimming pools and trees. It shall have a minimum width of 20 feet and a minimum depth of 20 feet and shall have one contiguous piece of at least 600 square feet.

The regulations below apply to multifamily dwellings where permitted by right. Medium and high-density dwellings shall be served with public water, sewer and parking facilities. Such dwelling structures shall be attractively landscaped, shall have adequate ingress and egress and shall provide a usable open yard or recreation space of at least 200 square feet per dwelling unit.

The usable open space shall not include front, rear and side yard requirements. It shall be clearly dimensioned and detailed on plans and shall be assembled in not more than three locations on the property.

Parking requirements shall conform to §§ 157-64 and 157-65. A ten-foot buffer strip of plantings or walkway, or combination of both, must separate the building from the parking area. In addition, parking is not allowed in the required front yard. In addition, a five-foot parking buffer from adjoining properties is required. If the development abuts a differently zoned property, the buffer area shall be a minimum of 10 feet.

Prior to acceptance by the Planning Commission and Zoning Hearing Board, stormwater calculations and methods of control shall be submitted for review by the Borough Engineer.

The following regulations shall also apply:

The regulations below apply to multifamily dwellings where permitted by special exception. Medium- and high-density dwellings shall be served with public water, sewer and parking facilities. Such dwelling structures shall be attractively landscaped, shall have adequate ingress and egress and shall provide a usable, open yard or recreation space of at least 250 square feet per dwelling unit and shall comply with the following.

The usable open space shall not include front, side and rear yard requirements and shall be clearly dimensioned and detailed on plans and assembled in one location.

Parking requirements shall conform to §§ 157-64 and 157-65. A ten-foot buffer strip of plantings or walkway, or combination of both, must separate the building from the parking areas. In addition, parking is not allowed in the front and side yards. Parking lots shall be broken up with plantings every eight spaces if the total number exceeds eight. In addition, a five-foot buffer of screening between abutting properties is required. If the development abuts a differently zoned property, the buffer area shall be a minimum of 10 feet.

Stormwater calculations and control methods shall be submitted for review by the Borough Engineer prior to acceptance by the Planning Commission and Zoning Hearing Board.

The following regulations shall also apply:

Multifamily residential developments are allowed by special exception only in the Institutional Districts I-M and I-U. These proposals must go before the Planning Commission and Zoning Hearing Board for review and approval.

It shall consist of either single-family detached, two-family or multifamily dwellings or combinations thereof, provided that the average number of square feet of land area per dwelling unit, excluding streets, shall not be less than the following:

However, in no case shall there be more than an average of six dwelling units per gross acre.

No dwelling unit shall be within 20 feet of the curb or street right-of-way.

No dwelling unit be erected within 25 feet of any other housing structure or within a distance equal to the height of the greater of two adjacent housing structures.

No single-family dwelling unit shall be constructed closer than 25 feet to an adjacent property line, and each two-family dwelling unit shall have an open side yard of not less than 10 feet. In no case shall the distance between single- or two-family dwelling units be less than 20 feet.

Where the property line of any planned residential development abuts another residential development or residential zoning district, a buffer strip shall be provided consisting of evergreen planting material which, at the time of development, is at least six feet in height and no more than 30% open. Said buffer strip area shall be a minimum of 10 feet in width and shall abut the exterior property line.

The maximum building height shall be 40 feet from grade or three stories.

In buildings containing multiple-dwelling units, walls containing main window exposure or main entrances shall be so oriented as to ensure adequate light and air exposures.

Multiple-dwelling buildings shall be so arranged as to avoid undue exposure to concentrated parking facilities and shall be so oriented as to preserve visual and audible privacy between adjacent buildings.

A multiple-dwelling building wall exposing both windows and an entranceway shall be located no closer to another building than a distance equal to the height of the taller building of the two, but in no case less than 50 feet.

A multiple-dwelling building wall exposing only windows or only an entranceway shall be located no closer to another building than a distance equal to the height of the taller building of the two, but in no case less than 25 feet.

A building group may not be so arranged that any temporary or permanently inhabited building is inaccessible by emergency vehicles.

The maximum building height for multiple-dwelling buildings shall be 40 feet from grade or three stories.

For each dwelling unit there shall be two off-street parking spaces consisting of not less than 200 square feet each.

Parking areas shall be arranged so as to prevent through traffic to other parking areas.

Parking areas shall be screened from adjacent structures, roads and traffic arteries with hedges, dense planting, earth berms or changes in grade or walls.

No more than 15 parking spaces shall be permitted in a continuous row without being interrupted by landscaping.

No more than 60 parking spaces shall be accommodated in any single parking area.

All parking areas shall be adequately lighted. All such lighting shall be so arranged as to direct the light away from residences.

Each parking space shall be a minimum of 10 feet wide and 20 feet long.

Landscaping shall be regarded as an essential feature of every planned residential development in order to enhance the appearance of housing, provide protection from wind and sun and for screening roads, parking areas and nearby property from view. All trees and shrubs shall be maintained in a healthy condition or replaced with others of similar size and type.

All parking areas containing more than four parking spaces shall be landscaped. Landscaping plans shall be submitted for review with the application.

The quality of design of street signs, street furniture and streetlighting is subject to review by the Planning Commission and approval by Borough Council.

All streets and areas of high pedestrian use shall be adequately lighted.

The character, size and shape of all outdoor signs shall comply with the Borough Zoning Regulations.

Swimming pools, tennis courts, ice-skating rinks and other recreational areas shall be located so as not to interfere with the residential character of adjacent dwelling units.

Where public trash collection is not required, refuse stations must be designed with suitable screening and in locations convenient for collection and removal so as not to be offensive to the occupants of adjacent dwelling units.

Adequate lighting must be provided in outdoor areas used by occupants after dark, illuminating walkways, steps, ramps and signs. Lighting shall be so located as to avoid shining directly into habitable room windows in the project or into private outdoor open space which is associated with dwelling units.

The planned residential development shall be provided with a public water supply and sanitary sewer connected to the Borough's systems. Such facilities and all appurtenances shall be reviewed and approved by the Borough.

Public utilities shall be provided and shall be underground.

All historical sites located on a parcel of ground proposed for development shall be preserved, and said sites shall be provided with public access roads or paths and shall be landscaped in accordance with plans reviewed by the Planning Commission and approved by the Borough Council.

Water, sanitary and storm sewer facilities shall be connected to the Borough's system, and all such facilities lying within dedicated public rights-of-way or easements shall be turned over to the Borough upon the completion of the project and acceptance by the Borough.

The Borough of East Stroudsburg may, at any time and from time to time, accept the dedication of land or any interest therein for public use and maintenance, but the Borough need not require, as a condition of the approval of a planned residential development, that land proposed to be set aside for common open space be dedicated or made available to public use. The landowner shall provide for and establish an organization for the ownership and maintenance of the common open space, including parking lots, and such organization shall not be dissolved nor shall it dispose of common open space, by sale or otherwise (except to an organization conceived and established to own and maintain the common open space), without first offering to dedicate the same to the Borough.

In the event that the organization established to own and maintain common open space, or any successor organization, shall at any time after establishment of the planned residential development fail to maintain the common open space in reasonable order and condition in accordance with the development plan, the Borough may serve written notice upon such organization or upon the residents of the planned residential development setting forth the manner in which the organization has failed to maintain the common open space in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be corrected within 30 days thereof and shall state the date and place of hearing thereon, which shall be held within 14 days of the notice. At such hearing, the Borough may modify the terms of the original notice as to the deficiencies and may give an extension of time within which they shall be corrected. If the deficiencies set forth in the original notice or in the modifications thereof shall not be corrected within said 30 days or any extension thereof, the Borough, in order to preserve taxable values of the properties within the planned residential development and to prevent the common open space from becoming a public nuisance, may enter upon said common open space and maintain the same for a period of one year. Said maintenance by the Borough shall not constitute a taking of said common open space nor vest in the public any rights to use the same. Before the expiration of said year, the Borough shall, upon its initiative or upon the request of the organization heretofore responsible for the maintenance of the common open space, call a public hearing upon notice to such organization or to the residents of the planned residential development, to be held by the Borough Council, at which hearing such organization or the residents of the planned residential development shall show cause why such maintenance by the Borough shall not, at the option of the Borough, continue for a succeeding year. If the Borough Council shall determine that such organization is ready and able to maintain common open space in reasonable condition, the Borough shall cease to maintain said common open space at the end of said year. If the Borough Council or its designated agency shall determine that such organization is not ready and able to maintain said common open space in a reasonable condition, the Borough may, in its discretion, continue to maintain said common open space during the next succeeding year and, subject to a similar hearing and determination, in each year thereafter. The decision of the Borough Council shall be subject to appeal to court in the same manner and within the same time limitation as is provided for zoning appeals.

The cost of such maintenance by the Borough shall be assessed ratably against the properties within the planned residential development that have a right of enjoyment of the common open space and shall become a lien on said properties. The Borough, at the time of entering upon said common open space for the purpose of the maintenance, shall file a notice of lien in the office of the prothonotary of the county upon the properties affected by the lien within the planned residential development.

Minimum lot area: two acres.

Minimum yard setbacks: front, 40 feet; rear, 50 feet; and each side, 50 feet.

Maximum building coverage: 40%.

Minimum building area of day-care use: 1,500 square feet.

Maximum building height: two stories or 35 feet.

Minimum off-street parking requirements: one space per employee plus one space for every 12 children at the center on any single day.

An outdoor play area shall be provided of at least 100 square feet per child. The area shall be completely enclosed by fencing or other appropriate buffering of a minimum height of four feet.

No play area shall be closer than 50 feet to adjacent property lines. This area shall be buffered from adjacent uses through a combination of fencing and landscaping, as approved by the Borough Council.

Pick up and discharge of children shall take place on the property in a designated area.

Perimeter fencing and buffering shall be required as deemed necessary by the Borough Council.

Pennsylvania state and federal licensing must be submitted to the Borough when required.

Minimum lot frontage: 125 feet.

Minimum lot depth: 200 feet.

Minimum lot area: 30,000 square feet.

Minimum yards:

Maximum building height for the principal building: two stories and 35 feet.

Maximum building coverage: 20%.

Minimum parking requirements:

Minimum lot area: two acres.

Minimum lot frontage: 150 feet.

Minimum setback from all street lines and all adjacent residential districts: 25 feet.

The location and planning of driveway access points to permit their joint use by adjoining parcels so as to minimize the number of intersections with the street or highway from which they derive their access.

The development of parking and loading area which permits convenient traffic circulation between adjoining parcels.

The development of pedestrian walkways between adjoining parking areas and buildings.

The provisions of landscaping, screening and other features which will enhance the character and attractiveness of the area.

Any excavations for the removal of topsoil or other earthy products must be adequately drained to prevent the formation of pools of water. The Zoning Hearing Board may require that such an excavation be enclosed by a fence if it is deemed to be a menace to the public health, safety and welfare. Such excavations shall be graded to avoid the creation of open pits, holes or depressions which are below the elevation of adjacent roadways.

Unless specifically permitted by the Zoning Hearing Board, open excavations shall not be maintained, except those excavations made for the erection of a building or structure for which a permit has been issued.

The dumping of earth, gravel, rock or other materials not subject to decay or noxious or offensive odors shall not be permitted in any zone or on any vacant land except by permit. In any event, the existing grade shall not be raised more than three feet above the nearest road, and hazardous or nuisance conditions and an unsightly appearance or unstable slopes shall not be created. The dumping of materials subject to decay, noxious or offensive materials or junk shall not be permitted in any district.

Excavations shall be only by permit, which shall be issued only when shown not to be detrimental to the neighborhood or the objectives of this chapter. Excavations may not be permitted to remain as a scar to the land and must be contoured and seeded to restore to contour with surrounding land.

A maximum of thirty-percent graded incline or decline shall be permitted in relationship to existing adjoining property grades after excavation.

The excavation or filling of any part of a lot by three feet or more shall require a zoning permit.

No excavation of natural features and archaeological sites shall be permitted upon the written findings of discovery of the Zoning Officer, two members of the Planning Commission and one member of the Borough Council that significant natural features or an archaeological site of importance exists, in which case work will cease until an environmental impact study is filed with the Zoning Hearing Board. Sites that contain features not common to surrounding properties and evidence of pre-1800 habitation shall constitute significant reasons for requiring an environmental impact study. Such study shall be authorized by individuals who are properly qualified.

Exterior lighting shall meet one of the following standards:

When a luminaire has a total cutoff of an angle greater than 90º, the maximum illumination at the property line and the maximum permitted luminaire height shall be:

Exemption for specified outdoor recreational uses.

No flickering or flashing lights shall be permitted.

Light sources or luminaires shall not be located within buffer yard areas except on pedestrian walkways.

In no case shall any exterior light fixture have a lighting intensity that exceeds 60 footcandles, measured at its point of peak candlepower.

Metering equipment. Lighting levels shall be measured in footcandles with a direct-reading, portable light meter. The meter shall have a color and cosine-corrected sensor with multiple scales and shall read within an accuracy of plus or minus 5%. It shall have been tested, calibrated and certified by an independent commercial photometric laboratory or the manufacturer within one year of the date of its use.

Method of measurement. The meter sensor shall be mounted not more than six inches above ground level in a horizontal position. Readings shall be taken by qualified personnel only after the cell has been exposed long enough to provide a constant reading. Measurements shall be made after dark with the light sources in question on, then with the same sources off. The difference between the two readings shall be compared to the maximum permitted illumination at the property line at ground level. This procedure eliminates the effects of moonlight and other ambient light.

General requirements.

Setback requirements.

Parking requirements. When parking exists in connection with other uses on the site, additional off-street parking for the ATM shall not be required, provided that the existing parking is no further than 100 feet. If parking is required because it does not meet the distance condition listed above, then four off-street parking spaces shall be required. Parking space design shall conform to §§ 157-64, 157-65 and 157-66 of this Zoning Chapter.

General requirements.

Setback requirements. Setbacks, at a minimum, shall meet the minimum requirements for permitted structures in that district.

Minimum lot area: five acres.

Minimum lot frontage on any right-of-way providing access to the shopping center: 200 feet.

Minimum yards: front, 20 feet; rear, 50 feet; and each side, 50 feet. (NOTE: No outside storage or sales area shall be located within any yard setback area.)

Maximum building coverage: Forty percent.

Maximum building height: Number of stories, three; feet, 45.

Maximum impervious surface: Seventy-five percent.

Minimum open space: Five percent.

Minimum off-street parking: One space per 250 square feet of gross floor area.

Plans shall be submitted for full development (no phasing of plans even though construction may be phased).

All points of ingress and egress (two minimum) shall be fully curbed and channelized to a minimum depth of 100 feet inside the property line or as may be required by the Pennsylvania Department of Transportation (PADOT).

Interior drives shall be a minimum of 25 feet in width and shall have curbs, where required, for safe interior circulation.

All off-street loading shall be located separately from parking areas and shall provide its own means of ingress and egress. Access to and from the off-street loading area shall be routed separately at the perimeter of the property to eliminate conflict with passenger vehicle and pedestrian traffic.

Adequate capacity for public water and public sanitary sewer connections shall be available.

Firesafety lanes shall be provided around 100% of the perimeter of all buildings.

All area not used for buildings, parking or loading shall be fully landscaped, except phasing areas for future building construction, provided that the construction phasing is completed within one year of the issuance of the initial building permit.

A complete traffic impact study is required, including recommendations for traffic control, acceleration-deceleration lanes, complete peripheral curbing and street widening. Off-site improvements recommended in the traffic study or as otherwise may be required shall be implemented by the developer at his/her sole expense.

In addition, the Borough Council and the Planning Commission may require such other design criteria to assure safety, compatibility of the site and harmony with the character of the neighborhood.

Internal pedestrian walkways shall be provided from all parking areas and tied into external walkways in a manner which will provide safe ingress and egress for pedestrian traffic.

Street frontage landscaped planting strips.

Perimeter boundary landscaping or screening.

Internal parking area landscaping.

Plant material standards.

Recommended plant materials.

Fences, planter boxes and walls. Fences, planter boxes and walls must be of wood, brick, masonry or textured or aggregate concrete, but not including corrugated or sheet metal, tires, car doors or other discarded materials. Chain link or wire mesh may be used only in combination with plant material of sufficient density to create a screen.

Heights. Except as otherwise provided in Chapter 157, Zoning, the following heights will be applied to plantings (exclusive of trees and three years after installation), fences, planter boxes, walls, hedges and earth berms:

Visual screens and front planting strips. Visual screens and front planting strips must be of a design and density to screen adjacent residences and rights-of-way from headlight glare and movement of traffic generated by vehicles using the parking area.

Walkways. Walkways must have a minimum effective (i.e., exclusive of vehicle overhang) width of five feet.

Maintenance.

Lighting. Lighting shall be in accordance with § 157-88.1.

Minimum lot area: 37,000 square feet (3/4 acre).

Parking shall be provided in accordance with §§ 157-64 and 157-65. Traffic control and flow shall be an inherent part of any parking plan.

When a property used for a place of worship abuts a residential property, a buffer area shall be provided. This buffer shall consist of a landscaping screen. The buffer area shall be composed of plants and trees arranged to form both a low-level and high-level screen. The high level screen shall consist of trees planted with specimens of at least four feet in height, and planted at intervals which will provide an overlapping foliage screen at maturity with a minimum mature height of 15 feet. The low level screen shall be placed in alternating rows to produce a more effective barrier. All plants not surviving two growing seasons after planting shall be replaced. Any buffer area shall be a minimum of 10 feet wide. All planting and screening shall be on the applicant's property.

The Zoning Code requirements of a ten-foot landscaped buffer along public streets shall apply.

Pavement shall be a least 10 feet away from any residential property.

Amusement park or any public recreational use.

Child-care facility, including medical offices, (pediatricians) and day-care centers.

Church, synagogue or mosque or other similar religious facility.

Community centers.

Libraries.

Parks.

Playgrounds.

Schools or educational facilities.

A traffic study shall be prepared by a qualified individual or firm that has professional experience in preparing traffic impact studies.

The Borough may, at the applicant's expense, hire a qualified individual or firm to review the submitted study.

The study shall show:

Minimum lot area: 20 acres.

Lot dimensions: minimum width, 1,000 feet, minimum depth, 1,000 feet.

Minimum yards: front, 25 feet; rear, 25 feet, and each side, 10 feet. (NOTE: Where any yard abuts a residential zone, the minimum yard shall be equal to the highest building elevation at the closest location to the residential district plus the required yard.)

Maximum building coverage: 40%.

Maximum building height for the principal structure: 80 feet.

A traffic study is required. Such study shall be done by individuals qualified in the field of traffic engineering and shall address all functions of vehicle ingress and egress as well as internal flow of vehicles.

All points of ingress and egress (two minimum) shall be fully curbed and channelized.

Interior drives shall be a minimum of 25 feet in width and shall have curbs, where required by an internal traffic study.

All requirements of the East Stroudsburg Land Development and Zoning Codes shall be met. In addition, the following specific requirements shall be met.

Parking shall be provided at a ratio of:

Overflow parking.

Landscaping for parking areas shall be in accordance with § 157-100.2C through 157-100.2D(7) of this chapter.

Function and materials. Buffering shall provide a year round visual screen in order to minimize adverse impacts from site on an adjacent property or from adjacent areas. It may consist of fencing, evergreens, berms, rocks, boulders, mounds, architectural walls or combinations thereof to achieve the stated objectives.

Buffering shall be required when topographical or other bathers do not provide reasonable screening and when the Planning Commission determines that there is a need to shield the site from adjacent properties and to minimize adverse impacts such as incompatible land uses, noise, glaring light and traffic.

Where required, buffers shall be measured from the side and rear property lines, excluding access driveways.

Where more intense land uses abut less intensive uses, a buffer strip 10 feet, but not to exceed 10% of the lot area, in width shall be required.

Parking areas, garbage collection and utility areas and loading and unloading areas should be screened around their perimeter by a buffer strip a minimum of five feet wide.

Design. Arrangement of plantings in buffers shall provide maximum protection to adjacent properties and avoid damage to existing plant material. Possible arrangements include planting in parallel, serpentine or broken rows. If planted berms are used, the minimum top width shall be four feet, and the maximum side slope shall be 2:1.

Planting specifications. Plant materials shall be sufficiently large and planted in such a fashion that a screen at least eight feet in height shall be produced within three growing seasons. All plantings shall be installed according to accepted horticultural standards.

Maintenance. Plantings shall be watered regularly and in a manner appropriate for the specific plant species through the first growing season, and dead or dying plants shall be replaced by the applicant during the next planting season. No buildings, structures, storage of materials or parking shall be permitted within the buffer area; buffer areas shall be maintained and kept free of all debris, rubbish, weeds and tall grass.

Whenever a secondary school is changed to a primary school or a primary to a secondary, a conditional use hearing is required to determine the adequacy of the level of service for traffic. A traffic study is required with particular emphasis on the ability of the student dropoff area to handle the anticipated levels of service. Additional queue areas or traffic holding areas or other on-site changes may be required to enable the level of service to be the best it can be.

To permit a more varied, flexible design which will result in an integrated site plan designed to benefit the residents or occupants of such development and of neighborhood properties.

To foster the protection of critical natural resources such as streams, groundwater, floodplains, wetlands, steep slopes, woodlands, agricultural soils, and wildlife habitat areas.

To conserve open space areas and amenities within the residential subdivisions, as well as where subdivisions shall be of sufficient size, to provide open space areas for passive and /or active recreation uses.

To reduce impervious surface and utilities, resulting in a lesser increase in stormwater runoff as well as a reduction in subdivision improvement costs.

Minimum lot area: 10 acres.

Maximum density per gross acre: 2.5 units.

Structure location:

Open space shall not include land occupied by nonrecreational buildings or structures, dwelling units, streets, parking areas, yards or lots of dwelling units or the patios or porches of dwelling units.

Open space land shall not be separately sold or further subdivided, except for transfer in accordance with this section and with the approval of the municipality.

Open space land shall not be further developed, except for recreational facilities which will serve the residents of the cluster development.

All land held for open space shall be so designated on the subdivision and land development plans. Such plans shall designate the use of open space, the type of maintenance and facilities to be provided, and the extent of proposed improvements shall be noted on the plans.

Not less than 30% of the total area in a cluster development shall be designed as and used exclusively for open space.

Lawn. A grass area with or without trees which may be used by the residents for a variety of purposes and which shall be mowed regularly to insure a neat and orderly appearance.

Natural area. An area of natural vegetation undisturbed during construction or replanted, including but not limited to meadows, steep slope areas, woodlands, wetlands, streams, wildlife habitats, and other sensitive environmental areas. Such areas shall be maintained by the removal of undesirable plants, litter, dead trees and brush. Streams shall be kept in free-flowing condition.

Recreation area, either active or passive. An area designated for a specific recreation use. Such areas shall be maintained so as to avoid creating a hazard or nuisance.

Condominium. The open space may be controlled through the use of condominium agreements. Such agreements shall be in conformance with the Pennsylvania Uniform Condominium Act of 1980, as amended.[1] All open space shall be held as a common element. Such land shall not be eligible for sale to another party except for transfer to another method of ownership permitted under this section and then only where there is no change in the amount of open space.

Homeowners association. The open space may be held in common ownership by a homeowners' association as common space. This method shall be subject to all of the provisions for homeowners' associations as set forth in Article VII of the Pennsylvania Municipalities Planning Code.[2] Such an organization shall not be dissolved nor shall it dispose of the open space unless transferred to a type of ownership permitted hereunder and then only where there is no change in the amount of open space.

Fee simple dedication. The Borough may, but shall not be required to, accept any portion or portions of the open space, provided the following conditions are met:

Dedication of easements. The municipality or county may accept, but shall not be required to accept, easements to any portion or portions of the open space. In such cases, the land remains in the ownership of the individual, condominium, or homeowners' association while the easements are held in public ownership. The county shall accept the easements only in accordance with the provisions of Act 442, as may be amended,[3] and county plans. The Borough may accept such easements as it sees fit. In either case, there shall be no cost to the county or Borough for acquisition or maintenance. The Borough may require this method where it seems this is the most appropriate way of preserving land in open space.

The proposed developer shall demonstrate that a sufficient market exists for the type, size and character of the development proposed.

Adequate, safe and convenient pedestrian and vehicular circulation facilities, including fire hydrants, roadways, driveways, off-street parking, sidewalks and landscaped areas to serve the development shall be provided.

Paving and drainage facilities shall be designed to adequately handle stormwater and prevent erosion and formation of dust.

All housing shall be located so as to provide adequate privacy and ensure natural light in all principal rooms.

Routes for vehicular and pedestrian access and parking access shall be convenient without creating nuisances or detracting from privacy.

The location and arrangement of buildings and open space must be shown so that the Borough Council may review the intensity of land use and serve the public interest by protecting neighboring land uses.

All streets and sidewalks must conform to the Borough's design standards with respect to right-of-way width, paving specification, cartway design, horizontal and vertical alignment, sight distances and draining provisions. All streets shall be dedicated to the Borough, except when such requirement is modified or waived by the Borough Council. Pedestrian circulation systems must be provided as convenient, safe and attractive links between residential groupings, open space areas, recreation areas and schools.

For each dwelling unit there shall be three off-street parking spaces consisting of not less than 200 square feet each.

Each parking space shall be a minimum of 10 feet wide and 20 feet long.

Landscaping shall be regarded as an essential feature of every cluster development in order to enhance the appearance of housing, provide protection from wind and sun and for screening roads, parking areas and nearby property from view. All trees and shrubs shall be maintained in a healthy condition or replaced with others of similar size and type. In addition to complying with Chapter 140, Subdivision of Land, landscaping shall consist of at least 90%of native Pennsylvania species. No invasive plants shall be permitted as landscaping.

All parking areas containing more than four parking spaces shall be landscaped. Landscaping plans shall be submitted for review with the application.

The quality of design of street signs, street furniture and street lighting is subject to review by the Planning Commission and approval by Borough Council.

All streets and areas of high pedestrian use shall be adequately lighted.

The character, size and shape of all outdoor signs shall comply with the Borough Zoning Regulations.

Swimming pools, tennis courts, ice-skating rinks and other recreational areas shall be located as not to interfere with the residential character of adjacent dwelling units.

Where public trash collection is not required, refuse stations must be designed with suitable screening and in locations convenient for collection and removal so as not to be offensive to the occupants of adjacent dwelling units.

Adequate lighting must be provided in outdoor areas used by occupants after dark, illuminating walkways, steps ramps and signs. Lighting shall be so located as to avoid shining directly into habitable room windows in the development or into private outdoor open space which is associated with dwelling units or into open space.

The cluster development shall be provided with public water supply lines, public sanitary sewers, and storm sewer facilities connected to the Borough's systems. All such facilities and appurtenances shall be reviewed and approved by the Borough, and all such facilities lying within dedicated public rights-of-way or easements shall be turned over to the Borough upon completion of the project and acceptance by the Borough.

Public utilities shall be provided and shall be underground.

All historical sites located on a parcel of ground proposed for development shall be preserved, and said sites shall be provided with public access roads or paths and shall be landscaped in accordance with plans reviewed by the Planning Commission and approved by the Borough Council.

The purpose of this section is to establish uniform standards for the siting, design, permitting, maintenance, and use of wireless communications facilities in East Stroudsburg Borough. While the Borough recognizes the importance of wireless communications facilities in providing high-quality communications service to its residents and businesses, the Borough also recognizes that it has an obligation to protect public safety and to minimize the adverse visual effects of such facilities through the standards set forth in the following provisions.

By enacting this section, the Borough intends to:

Certain terms used herein are defined at Part II, Chapter 157, Zoning, § 157-30, Definitions.

All language used herein shall be interpreted in accordance with Part II, Chapter 157, Zoning, § 157-4, Word usage.

Any terms not specifically defined shall be construed in their legally accepted meanings.

Procedures.

Development regulations. Tower-based wireless communications facilities shall be developed in accordance with the following requirements:

Timing of approval. All applications for tower-based WCFs shall be acted upon within 150 days of the receipt of a fully completed application for the approval of such tower-based WCF, including an application fee in an amount specified by the Wireless Fee Schedule.[1] If the Borough receives an application for a tower-based WCF and such application is not fully completed, then the Borough shall promptly notify the applicant that the application is not complete and the time for the approval of such application shall not commence until a fully completed application is received by the Borough.

Notice. No later than 30 days following the submission of an application for a tower-based WCF and the scheduling of the public hearing (if required), the applicant shall mail notice to all owners of every property within a 500-foot radius of the proposed wireless communications facility. The applicant shall provide proof of mailing of the notification to the Borough within 15 days of completion.

Application fees. The Borough may assess appropriate and reasonable application fees directly related to reviewing and processing the application for approval of a tower-based WCF, as well as associated inspection, monitoring, and related costs, subject to the limitations in this section, in amounts specified by the Wireless Fee Schedule.[2]

Prohibited in residential districts. No tower-based WCF shall be located within a residential district or within 200 feet of a lot in residential use or a residential district boundary.

Prohibited in university districts. No tower-based WCF shall be located within a University District or within 200 feet of a lot in university use or a University District boundary.

Co-location.

Standard of care. Any tower-based WCF 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, National Electrical Code, as well as the accepted and responsible workmanlike industry practices of the National Association of Tower Erectors. Any tower-based 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.

Wind and ice. Any tower-based WCF structures shall be designed to withstand the effects of wind gusts and ice according to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association and Telecommunications Industry Association (ANSI/EIA/TIA-222, as amended).

Height. Any tower-based WCF shall be designed at the minimum functional height. All tower-based WCF applicants must submit documentation to the Borough justifying the total height of the structure. In no case shall a WCF exceed a maximum height of 200 feet.

Public safety communications. No tower-based WCF shall interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.

Maintenance. The following maintenance requirements shall apply:

Radio frequency emissions. No tower-based WCF may, 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. The owner or operator of such tower-based WCF shall submit proof of compliance with any applicable radio frequency emissions standards to the Zoning Officer on an annual basis. A tower-based WCF generating radio frequency emissions in excess of the standards and regulations of the FCC shall be considered an emergency. The Borough reserves the authority to revoke the special exception use permit of any tower-based WCF generating radio frequency emissions in excess of the standards and regulations of the FCC.

Historic buildings or districts. No tower-based WCF may be located in or within 100 feet of any historic district, property, building or structure that is listed on either the National or Pennsylvania Registers of Historic Places, or eligible to be so listed, or is included in the official historic structures list maintained by the Borough.

Signs. All tower-based WCFs 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.

Lighting. Tower-based WCF shall not be artificially lighted, except as required by law. Towers shall be galvanized and/or painted with a rust-preventive paint of an appropriate color to harmonize with the surroundings. If lighting is required, the applicant shall provide a detailed plan for sufficient lighting, demonstrating as unobtrusive and inoffensive an effect as is permissible under state and federal regulations.

Noise. Tower-based WCFs 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.

Graffiti. Any graffiti on the tower-based WCF, including wireless support structure or on any accessory equipment, shall be removed at the sole expense of the owner within 10 days of notification by the Borough.

Aviation safety. Tower-based WCFs shall comply with all federal and state laws and regulations concerning aviation safety.

Inspection report requirements. No later than the first day of December of each odd-numbered year, the owner of the tower-based WCF shall have said tower-based WCF structure inspected by a Pennsylvania-licensed and registered professional engineer (P.E.) who is regularly involved in the maintenance, inspection, and/or erection of tower-based WCFs. At a minimum, this inspection shall be conducted in accordance with the Tower Inspection Class checklist provided in the Electronics Industries Association (EIA) Standard 222, Structural Standards for Steel antenna Towers and antenna Support Structures. A copy of said inspection report and certification of continued use shall be provided to the Borough no later than the first day of March following the inspection. Any repairs advised by the report shall be effected by the owner no later than 60 calendar days after the report is filed with the Borough. No later than 30 calendar days upon completion of aforesaid repairs, the tower-based WCF structure shall again be inspected in accordance with the parameters and requirements described herein.

Retention of experts. The Borough may hire any consultant(s) and/or expert(s) necessary to assist the Borough in reviewing and evaluating the application for approval of the tower-based WCF and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of this section. The applicant and/or owner of the WCF shall reimburse the Borough for all reasonable costs of the Borough's consultant(s) in providing expert evaluation and consultation in connection with these activities.

Nonconforming uses. Nonconforming tower-based WCFs, which are hereafter damaged or destroyed due to any reason or cause, may be repaired and restored at their former location, but must otherwise comply with the terms and conditions of this section.

Removal. In the event that use of a tower-based WCF is planned to be discontinued, the owner shall provide written notice to the Borough of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned WCFs or portions of WCFs shall be removed as follows:

Public rights-of-way siting. No tower-based wireless communications facility shall be located, in whole or in part, within the public rights-of-way.

Eligible facilities request.

Design regulations.

Surrounding environs.

Fence/screen.

Accessory equipment.

Additional antennas. As a condition of approval for all tower-based WCFs, the WCF applicant shall provide the Borough with a written commitment that it will allow other service providers to co-locate antennas on tower-based WCFs where technically and commercially reasonable. The owner of a tower-based WCF shall not install any additional antennas without obtaining the prior written approval of the Borough.

Access road. An access road, turnaround space and parking shall be provided to ensure adequate emergency and service access to tower-based WCF. Maximum use of existing roads, whether public or private, shall be made to the extent practicable. Road construction shall at all times minimize ground disturbance and the cutting of vegetation. Road grades shall closely follow natural contours to assure minimal visual disturbance and minimize soil erosion. Where applicable, the WCF owner shall present documentation to the Borough that the property owner has granted an easement for the proposed facility. The easement shall be a minimum of 20 feet in width and the access shall be paved to a width of at least 10 feet throughout its entire length.

Bond. Prior to the issuance of permit, the owner of a tower-based WCF shall, at its own cost and expense, obtain from a surety licensed to do business in Pennsylvania and maintain a bond or other form of security acceptable to the Solicitor of the Borough. The bond shall provide that the Borough may recover from the principal and surety any and all compensatory damages incurred by the Borough for violations of this section, after reasonable notice and opportunity to cure. The owner shall file the bond with the Borough and maintain the bond for the life of the respective facility. The owner of the tower-based WCF shall maintain a bond in the following amounts:

Visual or land use impact. The Borough reserves the right to deny an application for the construction or placement of any tower-based WCF based upon visual and/or land use impact.

Inspection by borough. The Borough reserves the right to inspect any tower-based WCF to ensure compliance with the provisions of this section and any other provisions found within the Borough Code or state or federal law. The Borough and/or its agents shall have the authority to enter the property upon which a WCF is located at any time, upon reasonable notice to the operator, to ensure such compliance.

Procedures.

Development regulations. Non-tower WCFs shall be co-located on existing structures, such as existing buildings or tower-based WCFs subject to the following conditions:

Site plan. An applicant for a non-tower WCF must submit a full site plan to the Borough Zoning Officer which shall include:

Eligible facilities request.

Visual or land use impact. The Borough reserves the right to deny an application for the construction or placement of any non-tower WCF based upon visual and/or land use impact.

Application fees. The Borough may assess appropriate and reasonable application fees directly related to reviewing and processing the application for approval of a non-tower WCF, as well as associated inspection, monitoring, and related costs, subject to the limitations in this section, in amounts specified by the Wireless Fee Schedule.[3]

Prohibited in residential districts. No non-tower WCF shall be located within a residential district or within 200 feet of a lot in residential use or a residential district boundary.

Historic buildings. No non-tower WCF may be located on, or within 100 feet of, any historic district, property, or on a building or structure that is listed on either the National or Pennsylvania State Registers of Historic Places, or eligible to be so listed, or is included in the official historic structures list maintained by the Borough.

Prohibited in conservation districts. Non-tower WCFs shall not be located within a conservation district or within 500 feet of a lot in conservation use or conservation district boundary.

Timing of approval. All applications for non-tower WCFs shall be acted upon by the Borough within 90 days of the receipt of a fully completed application for the approval of such WCF, including an application fee in an amount specified by the Wireless Fee Schedule.[4] If the Borough receives an application for a non-tower WCF and such application is not fully completed, then the Borough shall promptly notify the applicant that the application is not complete and the time for the approval of such application shall not commence until a fully completed application is received by the Borough.

Retention of experts. The Borough may hire any consultant(s) and/or expert(s) necessary to assist the Borough in reviewing and evaluating the application for approval of the WCF and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of this section. The applicant and/or owner of the WCF shall reimburse the Borough for all reasonable costs of the Borough's consultant(s) in providing expert evaluation and consultation in connection with these activities.

Bond. Prior to the issuance of special exception use authorization, the owner of a non-tower WCF shall, at its own cost and expense, obtain from a surety licensed to do business in Pennsylvania and maintain a bond or other form of security acceptable to the Solicitor of the Borough. The bond shall provide that the Borough may recover from the principal and surety any and all compensatory damages incurred by the municipality for violations of this section, after reasonable notice and opportunity to cure. The owner shall file the bond with the Borough and maintain the bond for the life of the respective facility. The owner of the non-tower WCF shall maintain a bond in the following amounts:

Design regulations.

Standard of care. Any non-tower WCF 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. Any 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.

Wind and ice. Any non-tower WCF structures shall be designed to withstand the effects of wind gusts and ice according to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSI/EIA/TIA-222, as amended).

Public safety communications. No non-tower WCF shall interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.

Radio frequency emissions. No non-tower WCF may, 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. The owner or operator of such non-tower WCF shall submit proof of compliance with any applicable radio frequency emissions standards to the Borough Zoning Officer on an annual basis. A non-tower WCF generating radio frequency emissions in excess of the standards and regulations of the FCC shall be considered an emergency. The Borough reserves the authority to revoke the permit of any non-tower WCF generating radio frequency emissions in excess of the standards and regulations of the FCC.

Aviation safety. Non-tower WCFs shall comply with all federal and state laws and regulations concerning aviation safety.

Inspection report requirements. No later than the first day of December of each odd-numbered year, the owner of the non-tower WCF shall have said non-tower WCF inspected by a Pennsylvania-licensed and registered professional engineer (P.E.) who is regularly involved in the maintenance, inspection, and/or modification of non-tower WCFs. A copy of said inspection report and certification of continued use shall be provided to the Borough Zoning Officer no later than the first day of March following the inspection. Any repairs advised by the report shall be effected by the owner no later than 60 calendar days after the report is filed with the Borough. No later than 30 calendar days upon completion of aforesaid repairs, the non-tower WCF shall again be inspected in accordance with the parameters and requirements described herein.

Maintenance. The following maintenance requirements shall apply:

Upgrade; replacement; modification.

Graffiti. Any graffiti on the non-tower WCF, including wireless support structure or on any communications equipment or accessory equipment, shall be removed at the sole expense of the owner within 10 days of notification by the Borough.

Removal. In the event that use of a non-tower WCF is discontinued, the owner shall provide written notice to the Borough of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned WCFs or portions of WCFs shall be removed as follows:

Inspection by Borough. The Borough reserves the right to inspect any WCF to ensure compliance with the provisions of this section and any other provisions found within the Borough Code or state or federal law. The Borough and/or its agents shall have the authority to enter the property upon which a WCF is located at any time, upon reasonable notice to the operator, to ensure such compliance.

Development regulations.

Procedures.

Timing of approval.

Site plan. An applicant for a small WCF must submit a site plan to the Borough Zoning Officer which shall include:

Eligible facilities request.

Nonconforming wireless support structures. Small WCF shall be permitted to co-locate upon nonconforming tower-based WCF and other nonconforming structures. Co-location of WCF upon existing tower-based WCF is encouraged even if the tower-based WCF is nonconforming as to use within a zoning district.

Application fees. The Borough may assess appropriate and reasonable application fees directly related to the Borough's actual costs in reviewing and processing the application for approval of a WCF, as well as related inspection, monitoring, and related costs, subject to the limitations in this section, in amounts specified by the Wireless Fee Schedule.[5]

Standard of care. Any small WCF 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, National Electrical Code, the Pennsylvania UCC, or to the industry standard applicable to the structure. Any 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.

Historic buildings. No small WCF may be located within 100 feet of any property, or on a building or structure that is listed on either the National or Pennsylvania Registers of Historic Places, or eligible to be so listed, located within a historic district, or is included in the official historic structures list maintained by the Borough.

Wind and ice. All small WCF shall be designed to withstand the effects of wind gusts and ice to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association and Telecommunications Industry Association (ANSI/EIA/TIA-222, as amended), or to the industry standard applicable to the structure.

Radio frequency emissions. A small WCF 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. The owner or operator of such small WCF shall submit proof of compliance with any applicable radio frequency emissions standards to the Borough Zoning Officer on an annual basis. A small WCF generating radio frequency emissions in excess of the standards and regulations of the FCC shall be considered an emergency. The Borough reserves the authority to revoke the permit of any small WCF generating radio frequency emissions in excess of the standards and regulations of the FCC.

Time, place and manner. The Borough shall determine the time, place and manner of construction, maintenance, repair and/or removal of all small WCF in the ROW based on public safety, traffic management, physical burden on the ROW, and related considerations.

Accessory equipment. Small WCF and accessory equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, create safety hazards to pedestrians and/or motorists, or to otherwise inconvenience public use of the ROW as determined by the Borough.

Graffiti. Any graffiti on the wireless support structure or on any accessory equipment shall be removed at the sole expense of the owner within 10 days of notification by the Borough.

Design standards. All small wireless communications facilities in the Borough shall comply with Subsection G, Design standards applicable to all small wireless communications facilities, in § 157-100.8.

Co-location. An application for a new small WCF in the ROW shall not be approved unless the Borough finds that the proposed wireless communications equipment cannot be accommodated on an existing structure, such as a utility pole or streetlight pole. Any application for approval of a small WCF shall include a comprehensive inventory of all existing towers and other suitable structures within a one-mile radius from the point of the proposed tower, unless the applicant can show to the satisfaction of the Borough that a different distance is more reasonable, and shall demonstrate conclusively why an existing tower or other suitable structure cannot be utilized.

Relocation or removal of facilities. Within 90 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 a small 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 determine that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:

Bond. Prior to administrative approval by the Borough, the owner of a small WCF shall, at its own cost and expense, obtain from a surety licensed to do business in Pennsylvania and maintain a bond or other form of security acceptable to the Solicitor of the Borough. The bond shall provide that the Borough may recover from the principal and surety any and all compensatory damages incurred by the municipality for violations of this section, after reasonable notice and opportunity to cure. The owner shall file the bond with the Borough and maintain the bond for the life of the respective facility. The owner of the small WCF shall maintain a bond in the following amounts:

Retention of experts. The Borough may hire any consultant(s) and/or expert(s) necessary to assist the Borough in reviewing and evaluating the application for approval of the small WCF and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of this section. The applicant and/or owner of the small WCF shall reimburse the Borough for all reasonable costs of the Borough's consultant(s) and/or expert(s) in providing expert evaluation and consultation in connection with these activities, provided that such costs are a reasonable approximation of costs incurred, the costs are reasonable, and the costs are nondiscriminatory.

Reimbursement for ROW use. In addition to permit fees as described in this section, every small WCF 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 small WCF shall pay an annual fee to the Borough, in an amount specified by the Wireless Fee Schedule,[6] to compensate the Borough for the Borough's costs incurred in connection with the activities described above. Such fees shall comply with the applicable requirements of the Federal Communications Commission.

General design standards.

Antenna standards.

Accessory equipment standards.

Wiring standards.

Standards for replacement wireless support structures.

Standards for new wireless support structures.

Design approval of small wireless communications facilities.

Record of prior approved designs. A record of prior approved designs shall be kept on file at the East Stroudsburg Borough Codes and Zoning Office.

Borough property. Nothing in § 157-100.8 shall be deemed to create any offer, right, or entitlement to use Borough property for the construction or operation of tower-based WCF, non-tower WCF, small WCF, wireless support structures, or related facilities. Any such tower-based WCF, non-tower WCF, small WCF, wireless support structure, or related facility proposed to be sited on property owned, leased, or otherwise controlled by the Borough may be exempt from the requirements of § 157-100.8. The Borough Council retains the right to require applicants to obtain site plan approval from the Zoning Hearing Board in accordance with the requirements of § 157-100.8. No tower-based WCF, non-tower WCF, small WCF, wireless support structures, or related facilities may be constructed or installed on Borough property until a license or lease agreement authorizing such wireless facility has been approved by the Borough Council.

Penalties. Any person violating any provision of this section shall be subject, upon finding by a Magisterial District Judge, to a penalty not exceeding $500 for each and every offense, together with attorneys' fees and costs. A separate and distinct violation shall be deemed to be committed each day on which a violation occurs or continues to occur. In addition to an action to enforce any penalty imposed by this section and any other remedy at law or in equity, the Borough may apply to a federal district court for an injunction or other appropriate relief at law or in equity to enforce compliance with or restrain violation of any provision of this section.

Determination of violation. In the event a determination is made that a person has violated any provision of this section, such person shall be provided written notice of the determination and the reasons therefor. Except in the case of an emergency, the person shall have 30 days to cure the violation. If the nature of the violation is such that it cannot be fully cured within such time period, the Borough may, in its reasonable judgment, extend the time period to cure, provided the person has commenced to cure and is diligently pursuing its efforts to cure. If the violation has not been cured within the time allowed, the Borough may take any and all actions authorized by this section and/or federal and/or Pennsylvania law and regulations.

Revocation of special exception uses. Any special exception uses granted under this chapter may be revoked by the Borough Council after a hearing, conducted on at least 15 days' written notice to the owner of the wireless communications facility and any related facilities, and an opportunity to be heard. If at such hearing it shall be shown by substantial evidence that the wireless communications facility and related facilities constitute a threat to public safety, health, or welfare, or that the conditions of the special exception use have been materially violated, the Borough Council may revoke the special exception use.

Insurance. Each person that owns or operates a wireless facility is required to purchase and maintain general liability insurance and property damage insurance, as specified herein:

Indemnification. Each person that owns or operates a tower-based WCF, a non-tower WCF, or a small WCF shall, at its sole cost and expense, indemnify, defend and hold harmless the Borough, its elected and appointed officials, employees and agents, at all times against any and all claims for personal injury, including death, and property damage arising in whole or in part from, caused by or connected with any act or omission of the person, its officers, agents, employees or contractors arising out of, but not limited to, the construction, installation, operation, maintenance or removal of the WCF. Each person that owns or operates a tower-based WCF, a non-tower WCF, or a small WCF shall defend any actions or proceedings against the Borough in which it is claimed that personal injury, including death, or property damage was caused by the construction, installation, operation, maintenance or removal of the WCF. The obligation to indemnify, hold harmless and defend shall include, but not be limited to, the obligation to pay judgments, injuries, liabilities, damages, reasonable attorneys' fees, reasonable expert fees, court costs and all other costs of indemnification.

Police powers. The Borough, by granting any permit or taking any other action pursuant to this chapter, does not waive, reduce, lessen or impair the lawful police powers vested in the Borough under applicable federal, state and local laws and regulations.

Severability. If any section, subsection, sentence, clause, phrase or word of this section is for any reason held illegal or invalid by any court of competent jurisdiction, such provision shall be deemed a separate, distinct and independent provision, and such holding shall not render the remainder of this chapter invalid.

Effective date. This section shall become effective five days after enactment by the East Stroudsburg Borough Council.

To recognize the adverse secondary impacts of adult uses that affect health, safety and general welfare concerns of the Borough. These secondary impacts have been documented in research conducted across the nation. These secondary impacts typically include, but are not limited to, increases in criminal activity, increases in activities that increase the risk of transmission of sexually transmitted diseases, increase in activities that increase the risk of transmission of other communicable diseases, increase in blight, decreases in the stability of residential neighborhoods, and decreases in property values for surrounding homes, and decreases in the marketability of nearby commercial business space. The research conducted across the nation concludes that adult uses typically involve insufficient self-regulation to control these secondary effects.

To limit adult uses to locations where these secondary impacts can be minimized, particularly as they affect residential neighborhoods and commercial revitalization.

To not attempt to suppress any activities protected by the "free speech" protections of the state and U.S. Constitutions but instead to control secondary effects.

From the lot line of an existing dwelling: 200 lineal feet.

From the lot line of any lot in a residential zoning district: 200 lineal feet.

From the lot line of any primary or secondary school, place of worship, library, public park, day-care center or child nursery: 1,000 lineal feet.

The name, address, telephone number and email address of the owner. If the owner is not a full-time resident of the Borough of East Stroudsburg or does not live or have a primary physical work address (beyond a post office box) within a twenty-mile radius of the Borough of East Stroudsburg and within the Commonwealth of Pennsylvania, then the owner shall designate a person to serve as manager who does reside or have a primary physical work headquarters (beyond a post office box) within a twenty-mile radius of the Borough of East Stroudsburg. If the owner is a corporation, partnership or similar entity, a manager shall be appointed meeting the above requirements. If the owner is not required to have, or has not designated, a manager, then the owner shall provide a twenty-four-hour telephone number. If the owner uses a manager, that manager shall have written authorization to accept service for the owner.

The name, address, and twenty-four-hour telephone number of the manager.

Floor plans for the short-term rental, including total habitable floor space and total number of bedrooms.

If the building is a multi-dwelling-unit structure, the total number of dwelling units in the structure and the number of dwelling units being used as short-term rentals. Each dwelling unit in a multi-dwelling-unit structure is required to have a separate short-term rental license.

A site plan showing the location and number of on-site parking spaces. If not on a central sewer system, the location, approximate age and capacity of the sewage disposal system.

Copies of current Monroe County hotel room excise tax certificate and current Pennsylvania sales and use tax license.

Signatures of both the owner and the manager.

Trespass waiver signed by the owner allowing access to the premises for the Code Enforcement Officer and the Rental Housing Inspector for the purpose of inspection to verify compliance with this section.

Copy of the current recorded deed for the premises establishing ownership.

Evidence that there are no delinquent Borough water, sewer and solid waste collection fees for all properties owned, in whole or in part, by the owner in the Borough.

A copy of a contract with a solid waste hauler to remove solid waste from the short-term rental premises. Short-term rental premises are not included in the Borough's municipal solid waste collection service; short-term rental premises must have a private solid waste hauler with weekly pickup. No dumpsters are permitted.

Evidence that there are no delinquent Monroe County hotel room excise tax or Pennsylvania sales/use taxes due and owing with respect to short-term rentals or all properties owned, in whole or in part, by the owner in the Borough.

Certificate of insurance evidencing that at least $500,000 in general liability insurance is in effect with respect to the short-term rental, issued by an insurance company licensed to do business in Pennsylvania, which shall be maintained in full force and effect by the owner for the entire period the short-term license is in effect.

Fees for a zoning permit for a short-term rental land use shall be in such amount as may be established by resolution duly adopted by the Borough Council.