To recognize the adverse secondary impacts of adult uses that affect health, safety and general welfare concerns of the municipality. 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, increases in activities that increase the risk of transmission of other communicable diseases, increases in blight, decreases in the stability of residential neighborhoods, 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 downtown revitalization.

To not attempt to suppress any activities protected by the free-speech protections of the United States Constitution but instead to control secondary effects.

Four hundred linear feet from any residential zoning district boundary or lot line of any existing dwelling; and

One thousand linear feet from the lot line of any existing primary or secondary school, place of worship, public park, day-care center or child nursery.

Are screened from view from streets and other lots by landscaping or buildings; and

Are actively undergoing repair.

One thousand feet from the closest building area occupied by another check-cashing business;

Four thousand feet from the lot line of a licensed gaming facility; or

A designated Historic District Zone.

Provide for the managed development of wireless communications facilities in a manner that enhances the benefits of wireless communication and accommodates the needs of both Borough residents and wireless carriers in accordance with federal and state laws and regulations;

Accommodate the need for wireless communications facilities while regulating their location and number so as to ensure the provision of necessary services;

Establish procedures for the design, siting, construction, installation, maintenance and removal of co-located wireless communications facilities, small wireless communications facilities, and tower-based wireless communications facilities in the Borough, including facilities both inside and outside the public rights-of-way;

Address new wireless technologies, including but not limited to distributed antenna systems, data collection units, small wireless communications facilities, cable Wi-Fi and other wireless communications facilities;

Minimize the adverse visual effects and the number of such facilities through proper design, siting, screening, material, color and finish and by requiring that competing providers of wireless communications services co-locate their wireless communications facilities on existing infrastructure; and

Promote the health, safety and welfare of the Borough's residents.

Standard of Care. All WCFs shall meet or exceed all applicable standards and provisions of the FAA, the FCC and any other agency of the state or federal government with the authority to regulate wireless communications facilities, the latest National Electrical Safety Code (NESC), American National Standards Institute (ANSI) Code, and the structural standards of the American Association of State Highway and Transportation Officials or any other industry standard applicable to the structure. In case of conflict, the most stringent requirements shall prevail. All necessary certifications shall be obtained by the WCF applicant and provided to the Borough.

Engineer Signature. All plans and drawings included in an application for a WCF shall contain a seal and signature of a professional engineer, licensed in the Commonwealth of Pennsylvania.

Eligible Facilities Requests.

Wind and Ice. All WCFs 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/TIA-222, as amended), or to the industry standard applicable to the structure.

Aviation Safety. All WCFs shall comply with all federal and state laws and regulations concerning aviation safety.

Public Safety Communications. WCFs shall not 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. A 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 WCF applicant shall submit proof of compliance with all applicable standards relating to radio frequency emissions as part of any complete WCF application.

Noise. WCFs shall be operated and maintained so as not to produce noise in excess of applicable noise standards under state law and Chapter 6, Part 6, of 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 as permitted by the Borough.

Nonconforming Wireless Support Structures. WCFs shall be permitted to co-locate upon existing nonconforming wireless support structures. Co-location of WCFs upon existing wireless support structures is encouraged even if the wireless support structure is nonconforming as to use within a zoning district.

Permit Fees. The Borough may assess appropriate and reasonable permit 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. Such permit fees shall be established by the Borough fee schedule.

Indemnification. Each person that owns or operates a 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 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 a 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.

Noncommercial Usage Exemption. Borough residents utilizing satellite dishes, citizen and/or band radios, and Antennas for the purpose of maintaining television, phone, and/or internet connections at their residences shall be exempt from the regulations enumerated in this § 402A(13).

Emergency Service Exemption. A wireless communications facility that primarily serves emergency communications by a Borough-recognized police, fire or ambulance organization, and is on the same lot as an emergency services station, shall be permitted by right.

Abandonment; Removal. In the event that use of a WCF is 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. A WCF not operated for a period of six months shall be considered abandoned. Discontinued or abandoned WCFs, or portions of WCFs, shall be removed as follows:

Maintenance. The following maintenance requirements shall apply:

Small WCF Exemption. Co-located WCFs that meet the definition of a small WCF shall be exempt from the requirements of this § 402A(13)(c). Such small WCFs shall be subject only to applicable permitting and the requirements of § 402A(13)(b) and (e).

Special Exception Required. Co-located WCFs shall be permitted outside the public rights-of-way as a special exception in all zoning districts subject to the requirements of this § 402A(13).

Development Regulations.

Stealth Technology. All co-located WCFs shall employ stealth technology and be treated to match the wireless support structure in order to minimize aesthetic impact. The application of the stealth technology utilized by the WCF applicant shall be subject to the approval of the Borough.

Prohibited on Certain Structures. No co-located WCF shall be located on single-family detached residences, single-family attached residences, semidetached residences, duplexes, or any residential accessory structure.

Third-Party Wireless Support Structures. Where a co-located WCF is proposed for co-location on a wireless support structure that is not owned by the WCF applicant, the WCF applicant shall present evidence to the Borough Zoning Officer that the owner of the wireless support structure has authorized co-location of the proposed co-located WCF.

Historic Buildings. No co-located 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.

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 at its sole discretion and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of these WCF provisions. The WCF applicant and/or owner of the WCF shall reimburse the Borough for all costs of the Borough's consultant(s) in providing expert evaluation and consultation in connection with these activities.

Insurance. Each person that owns or operates a co-located WCF shall annually 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 co-located WCF.

Substantial Change. Any substantial change to a WCF shall require notice to be provided to the Borough Zoning Officer, and shall be treated as an application for a new WCF in accordance with the Borough Code.

Timing of Approval.

Small WCF Exemption. Tower-based WCFs that meet the definition of a small WCF shall be exempt from the requirements of this § 402A(13)(d). Such small WCFs shall be subject only to applicable permitting and the requirements of § 402A(13)(b) and (e).

Tower-Based WCFs are permitted outside the public rights-of-way in the following zoning districts as a special exception, subject to the requirements of this chapter:

Special Exception Required. Tower-based WCFs are permitted outside the public rights-of-way as a special exception and at a height necessary to satisfy their function in the WCF applicant's wireless communications system, subject to the requirements of this § 402A(13)(d):

Development Regulations.

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 Zoning Hearing Board with a written commitment that it will allow other service providers to co-locate WCFs on the tower-based WCF where technically and economically feasible. To the extent permissible under state and federal law, the owner of a tower-based WCF shall not install any additional WCFs without complying with the applicable requirements of this § 402A(13).

FCC License. Each person that owns or operates a tower-based WCF shall submit a copy of its current FCC license, including the name, address, and emergency telephone number for the operator of the facility.

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. The only other signage permitted on the WCF shall be those required by the FCC, or any other federal or state agency.

Lighting. No tower-based WCF 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.

Storage. The storage of unused equipment, materials or supplies is prohibited on any tower-based WCF site.

Repair of Nonconforming Tower-Based WCF. 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 § 402A(13). The co-location of antennas is permitted on nonconforming structures.

Insurance. Each person that owns or operates a tower-based WCF shall provide the Borough Zoning Officer with a certificate of insurance evidencing general liability coverage in the minimum amount of $5,000,000 per occurrence and property damage coverage in the minimum amount of $5,000,000 per occurrence covering the tower-based WCF.

Timing of Approval.

Location and Development Standards.

Design Standards. All small WCFs in the Borough shall comply with the requirements of the Borough Small Wireless Communications Facility Design Manual. A copy of such shall be kept on file at the Borough Department of Planning and Zoning.

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.

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.

Third-Party Wireless Support Structures. Where a small WCF is proposed for co-location on a wireless support structure that is not owned by the WCF applicant, the WCF applicant shall present evidence to the Borough Zoning Officer that the owner of the wireless support structure has authorized co-location of the proposed small WCF.

Obstruction. Small WCFs 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 a small WCF, including the wireless support structure and any accessory equipment, shall be removed at the sole expense of the owner within 30 days of notification by the Borough.

An application for a new small WCF requiring the installation of a new wireless support structure shall demonstrate that the proposed small WCF cannot be accommodated on an existing wireless support structure. The Borough Zoning Officer may deny an application to construct a new small WCF if the WCF applicant has not made a good faith effort to mount the proposed WCF on an existing wireless support structure. The WCF applicant shall demonstrate that it contacted the owners of all potentially feasible existing wireless support structures within the coverage radius of the proposed site, sought permission to install a WCF on those wireless support structures, and was denied for one of the following reasons:

Timing of Approval.

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:

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 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.

The building shall maintain the appearance of a one-family dwelling with a single front entrance. Additional entrances may be placed on the side or rear of the structure. The dwelling units may internally share the single front entrance.

The conversion shall not be permitted if it would require the placement of an exterior stairway on the front of the building or would require the placement of more than three off-street parking spaces in the required front yard.

If a more-restrictive requirement is established by another Borough Code, such as a Housing Code;

The number of bona fide paid professional staff shall not count towards such maximum; and

As may otherwise be approved by the Zoning Hearing Board under § 111D.

One hundred feet from any lot line of a primarily residential use; and

Fifty feet from any other lot line and the existing right-of-way of any public street.

Pedestrian sidewalks shall be provided in front of and along all public pedestrian entrances to business buildings and all bus unloading locations. Pedestrian routes and customer and employee parking areas shall be sufficiently illuminated for safety and security. Pedestrian routes and sidewalks shall be a minimum of five feet in width. Crosswalks shall be well-marked and be ADA-accessible.

Prior to receiving final subdivision or land development approval, the applicant shall submit a set of preliminary proposed architectural sketches to the Borough Planning Commission for review and comment. Such drawings or sketches shall be prepared with the involvement of a registered architect.

Architectural elements shall be used to reduce the visibility of roof-mounted mechanical equipment from adjacent public streets.

The total area of all signs attached to a building shall not exceed 20% of the total vertical area of the exterior building face to which the signs are attached (including any doors or windows).

The total sign area of a freestanding sign shall not exceed one square foot for each two square feet of street frontage, in addition to sign area allowed by § 704A.

For a licensed gaming facility, a maximum of 200 square feet of additional sign area may be attached to the sides of one structure that existed prior to the adoption of this Chapter.

Not have a drive-through service;

Not have outdoor seating areas;

Not have outdoor vending machines;

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

Not offer direct or home delivery service.

All accesses must secure the appropriate highway occupancy permit (state or Borough).

The clear sight triangle found in Part 8, § 803C, must be considered and maintained.

The driveway must be designed and improved to the standards expressly described in Part 10, § 1011, of the Subdivision and Land Development Ordinance.[2]

All accesses must secure the appropriate highway occupancy permit (state or Borough).

The clear sight triangle found in Part 8, § 803C, must be considered and maintained.

The driveway must be designed and improved to the standards expressly described in Part 10, § 1011, of the Subdivision and Land Development Ordinance.[3]

All accesses must secure the appropriate highway occupancy permit (state or Borough).

The clear sight triangle found in Part 8, § 803C, must be considered and maintained.

The driveway must be designed and improved to the standards expressly described in Part 10, § 1011, of the Subdivision and Land Development Ordinance.[4]

One hundred feet from the existing right-of-way of public streets and from all exterior lot lines of the property.

One hundred fifty feet from a commercial or industrial building, unless released by the owner thereof.

Two hundred fifty feet from a lot line of a dwelling, other than an abandoned dwelling.

One hundred fifty feet from the lot line of a publicly owned recreation area that existed at the time of the application for the use or expansion.

To calculate this density, land in common open space or proposed streets within the park may be included. Land within the one-hundred-year floodway or that has natural slopes of 15% or greater shall not be included when calculating density.

Access to individual mobile home spaces shall be from interior parking courts, access drives or private streets and shall not be from public streets exterior to the development.

Streets within the mobile home park that provide access to reach 20 or more dwellings shall have a minimum paved cartway of 24 feet; and other local private streets or parking courts serving fewer than 20 homes shall have a minimum paved cartway of 20 feet.

Curbs and sidewalks are not required on the private streets, but all private streets shall meet all other Borough cartway construction standards.

One thousand feet from the closest building area occupied by another pawnshop; or

Four thousand feet from the lot line of a licensed gaming facility.

The entire transfer process, which includes unloading, compaction and loading onto the transfer trucks, shall occur inside a building.

Solid waste shall not remain on the site for more than 72 hours.

All waste materials shall remain within the vehicles delivering wastes to the facility for treatment or disposal, and any material that may be dropped upon roads or neighboring properties shall be promptly removed by the operator of the facility.

At the end of each workday, all municipal solid waste on the site shall be compacted in a transfer container.

Oversized items and items that cannot be compacted because of their size or construction shall be stored in the building. These items shall not remain on the site for more than 15 days.

Each facility shall be operated and maintained in such a manner as to prevent health hazards, odors, dust, noise, environmental degradation, unsightliness, the attraction, harborage or breeding of insects, rodents or vectors, and to eliminate conditions which create safety hazards or impose an undue burden upon the Borough or its municipal services infrastructure.

The hours of operation shall be limited to between 7:00 a.m. and 9:00 p.m.

Only one wind turbine shall exist on the lot;

It shall be constructed for on-site use of the energy that is generated, except for incidental off-site sale; and

The total height of the wind turbine above the ground level shall not exceed the distance from the base of the wind turbine to the nearest lot line or street right-of-way line.

One two-sided sign with a maximum sign area of 30 square feet (which may be illuminated); and

Nonilluminated signs identifying the name of the transit provider, route schedules and maps.

Front Yard. Any fence located in the required front yard of a lot in a residential district shall:

On a corner lot, the maximum height of any fence shall be four feet within a yard that faces a street (not including a lot along an alley).

Brick may be used for posts or as a base for a fence, provided that the maximum fence height is not exceeded.

On a corner lot, a fence shall meet the same requirements along both streets as would apply within a front yard. However, a fence in the second front yard may have a height of six feet and is not required to be an open-type fence if it is located to the rear of the principal building. A fence shall not be required to comply with minimum setbacks for accessory structures.

Height. Fences that are not within a residential district shall have a maximum height of six feet in a minimum front yard setback and eight feet in other locations. A fence in a residential district, other than a required front yard, shall have a maximum height of six feet.

Setbacks. No fence shall be built within an existing street right-of-way. A fence is not required to be set back from a lot line, but a small setback is recommended to provide for future maintenance of the fence.

Fence materials. Barbed wire shall not be used as part of fences around dwellings. No fence shall be constructed out of fabric, junk, junk vehicles, appliances, tanks or barrels.

Facing of Fence. If one side of a fence includes posts or supports, those posts or supports shall be placed on the interior of the fence, as opposed to facing onto a street or another lot.

Engineered retaining walls necessary to hold back slopes are exempted from setback regulations and the regulations of this Section and are permitted by right as needed in all districts.

Walls in the minimum front yard or the side or rear accessory building setback in a residential district shall have a maximum height of three feet. On a corner lot, the maximum height of any wall shall be three feet within a yard that faces a street. Any other wall that is within a required yard shall have a maximum height of six feet. This height limit shall not apply to a wall serving as a backing for a permitted sign if permitted by § 704.

Walls that are attached to a building shall be regulated as a part of that building.

The use shall be conducted primarily by a permanent resident of the dwelling and may involve a maximum of one person working on site at any one time who does not reside within the dwelling. A maximum of one nonresident employee shall visit the property on a daily basis or operate a vehicle based at the property.

The use shall be conducted indoors. No outdoor storage or display related to the home occupation shall be permitted. No changes shall occur to the exterior of a building that would reduce its residential appearance as viewed from a street.

The use shall occupy an area that is not greater than 25% of the total floor area of the principal dwelling unit. The use shall clearly be secondary to the residential use.

One off-street parking space shall be required per nonresident employee. In addition, for a home occupation, the Zoning Hearing Board shall require additional off-street parking if the Board determines it is necessary for customer parking.

The use shall not require delivery or pickup by tractor-trailer trucks.

The regulations of § 403A(11)(d) regarding parking of trucks shall apply to a home occupation. No excavating equipment shall be parked overnight on a residential lot or an adjacent street as part of a home occupation.

No equipment or machinery shall be permitted that produces noise, noxious odor, vibration, glare, or electrical or electronic interference detectable on another property. The use shall not involve the storage or use of hazardous, flammable or explosive substances, other than types and amounts typically found on a residential property. The use shall not involve the storage or use of toxic or highly hazardous substances.

A home occupation shall not be conducted in a manner that is perceptible to other residents between the hours of 9:00 p.m. and 7:30 a.m.

Any tutoring or instruction shall be limited to a maximum of three students at a time.

A barbershop or beauty shop shall not include any nonresident employees.

The main office of a medical doctor, chiropractor or dentist shall not be permitted as a home occupation.

The only allowed sign shall be one home occupation sign meeting § 703. Such sign shall not be illuminated and shall be attached to a building.

The Zoning Hearing Board shall deny a general home occupation application, or limit its intensity through conditions, if the Board determines the use would be too intense for the proposed location. In making such determination, the Board shall review the likely amounts of traffic, the amount of deliveries that will be needed, the types of operations involved and related nuisances, the amount of off-street and on-street parking that is available, the density of the neighborhood, whether the use would be adjacent to another dwelling, and the setbacks from other dwellings.

The use shall not involve manufacturing, other than of custom crafts and sewing. The use shall not involve commercial repair of motor vehicles.

The use may include sales using telephone, mail order or electronic methods. On-site retail sales shall only be permitted within a general home occupation and if specifically approved as part of a special exception approval. Such retail sales shall be limited to sales that are clearly accessory to an approved barbershop or similar on-site service.

If more than one home occupation is accessory to a dwelling, the total aggregate impact of the home occupations shall be considered in determining compliance with this Chapter.

A zoning permit shall be required for any home occupation.

If a tenant is seeking special exception approval, written consent for the application shall be provided from the owner of the property.

If a home occupation is discontinued for a period of over one year, then a new approval shall be required before the home occupation may be reestablished.

Maximum total floor area of all accessory buildings: 1,000 square feet.

Maximum of two accessory buildings per lot. (NOTE: This limit does not include household swimming pools or fences.)

The parking of a maximum of two vehicles, each of up to 14,000 pounds' aggregate gross vehicle weight.

Trucks with an aggregate gross vehicle weight of over 14,000 pounds' aggregate gross vehicle weight; or

Vehicles not owned or leased by a resident of the lot or his/her relative.