Green Tree City Zoning Code

Fire protection. Fire prevention and firefighting equipment acceptable to the American Insurance Association shall be readily available when any activity involving the handling or storage of flammable or explosive materials is carried on.

Electrical disturbance. No activity shall cause an electrical disturbance adversely affecting radio, television or other equipment in the vicinity.

Noise. Noise determined to be objectionable because of volume, frequency or beat shall be muffled or otherwise controlled. However, fire sirens and related apparatus used solely for public purposes are exempt from this requirement.

Vibrations. Vibrations detectable without instruments on neighboring property in any district are prohibited.

Odors. Malodorous gas or matter which is discernible on any adjoining lot or property is prohibited.

Air pollution. Pollution of the air by fly ash, dust, smoke, vapors or other substances harmful to human or animal health, vegetation or other property is prohibited.

Glare. Lighting devices which produce objectionable direct or reflected glare on an adjoining property or thoroughfare are prohibited.

Common leisure and/or recreational areas.

Common dining area.

Postal station for the use of residents and staff only;

Banking facility for the use of residents and staff only;

Pharmacy and/or medical offices for the use of the residents only;

Personal services for the use of the residents only, including beauty shop, barbershop, common laundry facilities, and dry-cleaning valet;

Florist/gift shop for the use of the residents and their invited guests only;

Taxi, van or similar transportation services for the residents.

The maximum overall height shall be limited to one story. However, the height of such building may not exceed 32 feet measured from the lowest exterior ground elevation along the perimeter of the building.

The total floor area, exclusive of any basement used solely for storage, shall not exceed 10,000 square feet.

One side of the designated outside area must be attached to the building containing the conditional use;

The designated outside area shall be located so that no side abuts a residential district or use;

The designated outside area shall be screened on all sides with a planting area or other type of screening providing a minimum of three feet in height above the floor elevation of the designated outside area. This screening device must be in addition to any railing or guards required under the applicable building code;

Neither music, entertainment of any type or nature, nor excessive noise, sound or disturbance shall be allowed or permitted in the designated outside area;

Lighting devices which produce objectionable, direct or reflected glare on an adjoining property or thoroughfare are strictly prohibited; and

The hours of operation of the designated outside area must be limited to between 11:00 a.m. and 11:00 p.m.

Constructed of asphalt or concrete;

Striped for each parking stall with designated areas for ingress and egress; and

Be provided on the building lot.

The maximum overall height shall be limited to 30 feet measured from the lowest exterior ground elevation along the perimeter of the building.

The total floor area, exclusive of any basement used solely for storage, shall not exceed 5,000 square feet.

One side of the designated outside area must be attached to the building containing the conditional use;

The designated outside area shall be located so that no side abuts a residential district or use;

The designated outside area shall be screened on all sides with a planting area or other type of screening providing a minimum of three feet in height above the floor elevation of the designated outside area. This screening device must be in addition to any railing or guards required under the applicable building code;

Neither music, entertainment of any type or nature, nor excessive noise, sound or disturbance shall be allowed or permitted in the designated outside area;

Lighting devices which produce objectionable, direct or reflected glare on an adjoining property or thoroughfare are strictly prohibited; and

The hours of operation of the designated outside area must be limited to between 11:00 a.m. and 12:00 midnight of the next day, prevailing time, except in the Neighborhood Commercial District which shall be limited to between the hours of 11:00 a.m. and 10:00 p.m.

Constructed of asphalt or concrete;

Striped for each parking stall with designated areas for ingress and egress; and

Be provided on the building lot.

Licensed by the Commonwealth of Pennsylvania.

A minimum site of 10 acres is required. Any building or area used for storage of equipment shall be setback a minimum of 50 feet from any lot in a residential district.

A drainage plan shall be submitted with the application for the use showing existing and proposed runoff characteristics.

A ground water study prepared by a hydrologist or registered engineer qualified to perform such studies shall be submitted with the application.

All property lines adjoining residential use or zoning classification shall be screened by buffer yard "A" as defined by § 420-35 of this chapter.

All maintenance equipment shall be properly stored in an enclosed building when not in use.

Burial sites shall comply with the setbacks required for principal structures in the zoning district and burial structures shall not be located within 100 feet of any property line adjoining residential use.

The applicant shall submit legal provisions for review by the Borough to show that an acceptable system will be in place to assure the long-term maintenance of the cemetery.

The minimum lot size shall be 2 1/2 acres.

A single-family, detached dwelling unit not exceeding 2,500 square feet may be located on the same lot as the primary building and must meet the lot requirements outline in § 420-20D. The dwelling unit must be occupied by employee(s) of the church/place of worship. The residential dwelling unit must meet all setback and zoning requirements for the district.

Accessory use/uses may not occupy more than 30% of the building and may include:

A company desiring to operate a compressor station or processing plant shall obtain all permits required by any governmental or regulating agency.

Access to any facility shall be arranged to minimize danger to traffic, nuisance to surrounding properties and to maintain the integrity of municipal roads. The following standards apply:

Prior to development, the applicant shall provide to the Borough a copy of its emergency response plan. Also, the applicant/operator shall, at its sole cost and expense, provide to emergency services appropriate site orientation with adequate information and ongoing training on dealing with any potentially dangerous conditions that may result from development activities.

Noise-generating equipment, exceeding municipal Zoning Code standards, shall be fully enclosed in a sound reduction structure that conforms to the character of the zone in which it exists. All applicable development plans permits and regulations shall apply to the enclosure. During normal operations, the structure shall remain fully enclosed, with all doors and windows remaining closed unless during times of egress.

Compressors and other power-driven equipment shall utilize sparkless electric motors, when practicable, as an alternative to internal-combustion engines, unless the applicant can demonstrate that the alternative engines are not inconsistent with the objectives of any Borough Zoning Code. All electrical installations and equipment shall conform to Borough Zoning Codes and the applicable national codes.

The applicant agrees to reimburse the Borough for all reasonable and direct professional consultant fees incurred by the Borough related to the site inspection, including, but not limited to, the Borough Engineer, Borough Solicitor and any other reasonable and direct consultant fees incurred for the review and approval process, and for any specialized work called for in the permit.

A secured entrance gate on the access road shall be required and all gates are to be kept locked when the operator or its employees are not on the premises. All storage tanks, separation facilities, or other mechanical or production equipment on the operation site shall be completely enclosed by a permanent chain-link fence. Standards for the chain-link fence and secured gate are as follows:

No applicant shall permit any lights located on any operation site to be directed in such a manner so that they shine directly on a public road, adjacent property or property in the general vicinity of the operation site. To the extent practicable, and considering safety considerations, site lighting shall be directed downward and internally so as to avoid glare on public roads, protected uses, and adjacent dwellings and buildings. Exterior lights shall be turned off except when personnel are working on site or motion sensors are activated.

Building permits, zoning certificates and certificates of occupancy, where applicable, shall be obtained from the Borough, and applications must include:

The applicant shall apply for a road use maintenance agreement, pay the prescribed fee, and adhere to all conditions set forth in the agreement.

The standards for the road use maintenance agreement shall be determined during the conditional use hearing.

The following minimum setback distances must be adhered to:

The facility signage shall be clearly visible for all 911 emergency services at the location where the access road intersects with the Borough- or tate-owned road and at the entrance gate to each facility. The signage must include:

No compressor station shall be constructed on soil that is classified as either Class 1 or Class 2 by the U.S. Department of Agriculture (USDA) Natural Resources Conservation Service and published in the Allegheny County Soil Survey.

The applicant shall comply with all applicable state and federal regulations and shall show evidence of obtaining the required state and/or federal permits, including proof of insurability, before initiating any work and maintaining the required permits throughout the duration of all operations. The applicant shall notify the Borough immediately of any suspension or revocation of the required state and/or federal permits. Upon notification of said suspension or revocation, the Borough-issued permits will hereby be deemed suspended or revoked until state and/or federal compliance is reached.

The applicant shall submit a road use plan showing the proposed routes of all trucks to be utilized for hauling equipment, supplies and the like and the estimated weights of those trucks and the estimated number of trucks entering and exiting the facility on a daily basis, as well as keep a record/log of actual use which may be requested from time to time by the Borough Council. In conjunction with the Borough, the applicant shall design the hauling routes to and from the facility to minimize the impact on local roads. At no time shall any overweight vehicle travel upon any Borough roads, or portion thereof, other than the specified portion of Borough roads for which security has been provided.

A drive-through facility at or near an intersection may be approved only if it is demonstrated that the drive-through will not significantly increase traffic congestion.

No more than one drive-through aisle may be approved for any single drive-through facility.

Entries to and exits from a drive-through facility shall be a minimum of 150 feet from the street center line of any intersection or from another drive-through facility on the same side of the street.

A drive-through facility including drive-through aisles shall provide landscaping to buffer adjacent uses and provide lighting which does not produce any objectionable direct or reflected glare on any adjoining property or thoroughfares.

No part of a drive-through aisle shall be closer than 100 feet from the property line of any residential use.

Pedestrian walkways that intersect the drive-through aisles shall have clear visibility.

Drive-through aisles shall have a minimum twelve-foot width on curves and a minimum eleven-foot width on straight sections.

Drive-through aisles shall provide 120 feet behind the ordering point. From the ordering point to the pickup window there shall be 100 feet.

No drive-through aisle shall exit directly into a public right-of-way. A drive-through aisle shall be integrated with the on-site circulation and shall merge with the driveway.

A drive-through facility shall be designed so that vehicles in the stacking lane may safely exit the drive-through aisle without having to drive by the pickup window.

Any drive-through aisle that abuts a landscape area shall be separated from the landscape area by a six-inch-high, poured-in-place concrete curb or other suitable protective device meeting Borough approval.

No sound, noise, music or audio of any type or nature in excess of an A-weighted sound level of 68 dB when measured at the property line of any adjoining property shall be permitted.

Landscaping shall screen drive-through aisles from the public right-of- way and shall be used to minimize the visual impacts of menu board ordering devices of any nature.

Menu boards shall be a maximum of 45 square feet, with a maximum height of seven feet, measured from ground level.

One large dumpster shall be permitted to be placed on a residential lot.

One large dumpster may be permitted to be placed on a Borough street adjacent to the residential lot if there is no physical location on the lot to place the large dumpster. The determination as to the ability to place the large dumpster on a residential lot falls solely within the discretion of the Code Enforcement Officer. If the Code Enforcement Officer concludes that there is no physical location on the lot to place a large dumpster, he/she may grant permission to the property owner to place a large dumpster on a Borough street adjacent to the lot. However, no permits shall be issued for the placement on a county- or state-owned street, road or right-of-way. The issuance of a permit to place a large dumpster on a Borough street shall be subject to the following requirements:

In the event the need for a large dumpster is due to any catastrophic loss or damage to any structure on the residential lot where the large dumpster is located resulting from fire, water, sewage backup, flooding, mine subsidence, or any other natural disaster or other similar damage, one large dumpster may be placed on the residential lot without a permit for a period not to exceed 30 days.

Council reserves the right to amend by resolution all fees referenced herein.

Any permit issued hereunder shall be prominently displayed on the main residential dwelling so as to be visible from the street.

One small dumpster shall be permitted to be placed on a residential lot.

Small dumpsters shall not be permitted to be placed on any Borough, county, or state-owned street.

In the event the need for a small dumpster is due to any catastrophic loss or damage to any structure on the residential lot where the small dumpster is located resulting from fire, water, sewage backup, flooding, mine subsidence, or any other natural disaster or other similar damage, one small dumpster may be placed on the lot for a period not to exceed 30 days.

A small dumpster may be placed on a private driveway, but shall not at any time block or obstruct a public sidewalk. If placed in a driveway, the small dumpster must not obstruct all parking spaces so that there is no off-street parking for the residential unit affected, unless approved by the Code Enforcement Officer.

Separate entrance.

Separate sanitary facilities, cooking, and dining accommodations.

A minimum of three rooms including a bathroom.

Maximum building height: 100 feet.

Maximum building length: 250 feet.

Minimum building spacing: 50 feet between buildings.

Minimum setback from any public street to the structure (not a garage): 15 feet from the curbline.

Minimum setback from any public or private street to the structure should be 15 feet from the sidewalk. If there is not a sidewalk, then the setback should be 20 feet from the curbline.

Minimum setback from any district boundary line (nonresidential/residential): 75 feet.

Buffer yard "C" as defined by § 420-35B shall be required.

No structure shall be located within five feet of a municipal boundary line.

The maximum length of a mid-rise building shall be 175 feet.

Mid-rise buildings are encouraged to be located in clusters which create common areas, rather than situated parallel to one another. Where clustering is not feasible due to site conditions, there shall be no more than three abutting buildings parallel to each other within the development.

Staggered setback of dwelling units and a variation in facade design shall be encouraged to offer visual variety, individualism, and some private yard area. It is recommended that no more than two contiguous units shall have the same facade setback within a building. Changes in setbacks shall be a minimum of four feet.

Buildings within the development shall be designed to provide individual dwelling units with views and direct access to required open space areas.

Buildings shall be set back a minimum of 15 feet from common parking areas and shall be set back a minimum of 25 feet from common refuse areas.

Buildings must be setback a minimum of 25 feet from property boundaries.

Sidewalks shall be provided to connect dwellings with parking areas, recreational areas/open space and refuse facilities.

The minimum size of any dwelling unit shall be 600 square feet.

In cases where the drop-off area cannot be accommodated on the site, the applicant shall demonstrate that there is on-street parking or some other available parking area located within 250 feet of the property line of the proposed facility.

The required drop-off area may be waived by the municipality if the applicant can demonstrate that the clients of the family day care home will walk to the facility, thereby eliminating the need for the additional parking space.

Administrative offices; fitness equipment facilities; sports training facilities; therapeutic spas; aerobic training facilities; cardiovascular training facilities; swimming pools; racquetball courts; tennis courts; volleyball courts; and/or other similar uses.

The accessory uses shall only be made available to the members of the health club or fitness center.

The business activity shall be compatible with the residential use of the property and surrounding residential uses.

The business shall employ no employees other than family members residing in the dwelling.

There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.

There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.

The business activity may not use any equipment or processes which creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.

The business activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.

The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.

The business may not involve any illegal activity.

Dining facilities; conference and meeting facilities; recreation facilities.

Swimming pool.

Fitness center.

Sundries and gift shop.

Common leisure and/or recreational areas.

Common dining area.

Three stacking spaces for each bay in a self-service car wash.

Six stacking spaces for each in-bay automatic or conveyor car wash.

Common leisure and/or recreational areas.

Common dining area.

Well bore shall be set back 200 feet from any of the following:

All other setbacks for structures, buildings, and production equipment shall comply with Article III.

Side and rear setback requirements shall not apply to well pads where common law, contractual rights or statutory provisions authorize the surface use to cross property lines.

The setback requirements of this section may be reduced when the applicant submits information acceptable to the Borough establishing, where applicable, that literal compliance with the setback requirement is shown to be unreasonable, would cause undue hardship, or when an alternative standard can be demonstrated to provide equal or better results.

A copy of the well site survey plat showing the location(s) of the planned well(s);

A detailed description of the planned operations at the planned well site and associated equipment to be used in the oil and gas development of the well site;

The telephone contact information for the operator; and

The dates, times and locations of the operator's availability to meet with the said landowners/tenants to present operator's plans for the well(s) and to allow for questions and answers. The meeting(s) shall be held prior to well site construction.

A map showing the planned access route to the well site by use of public roads;

Copies of all applicable leases, contracts, and waivers enabling the conditional use;

Information on the status of road bonding;

The operator's erosion and sedimentation plan;

The well survey plat showing the planned surface location(s) of the well(s), including DEP permit numbers, if available at submittal, or, if not available at submittal, provided when issued later;

The telephone contact information for the operator; and

A detailed site plans. The proposed site development plan shall be a topographic plan, prepared by a professional engineer registered in the Commonwealth of Pennsylvania, to a scale no greater than one inch equals 200 feet, on a standard sheet size of 24 inches high by 36 inches wide, to include the following:

Install temporary safety fencing at least six feet in height around drilling and hydraulic fracturing equipment and permanent fall protection fencing in accordance with OSHA standards around any pits or open areas that contain or could contain any fluids greater than two feet in depth.

Install adequate warning signs around the perimeter of the well site giving notice of the potential hazards existing at the well site.

Maintain at least one security guard 24 hours per day at all times when a drilling rig or hydraulic fracturing equipment is on the well site.

Prior to drilling an oil and gas well, the operator shall establish a continuous seventy-two-hour ambient noise level at the nearest protected structure property line or 100 feet from the nearest protected structure (as measured to the closest exterior point of the building), whichever is closer to the protected structure. The sound level meter used in conducting any evaluation shall meet the requirements of ANSI 51.4-1974. All such tests shall be conducted in accordance with ASTM E1014-08. For the purposes of this section, a "protected structure" shall be any occupied residence, commercial business, school or church located within 1,500 feet of the surface location of an oil or gas well that may be impacted by noise generated from drilling or hydraulic fracturing activity at an oil or gas well, excluding any structure owned by an oil and gas lessor who has signed a lease with the operator granting surface drilling rights to drill the subject well or whose owner (or occupants) have signed a waiver relieving the operator from implementation of the measures established in this section of this chapter for the owner's or occupant's benefit.

The operator shall provide a report developed in accordance with Section 9 of ASTME 1014-08 documenting the measured ambient noise level required under § 420-95R(1) to the Borough's Zoning Officer within two business days of the conclusion of the test, or at any other time upon a request from the Zoning Officer.

The noise generated during drilling and hydraulic fracturing activities when measured at the nearest protected structure property line or 100 feet from the nearest protected structure (as measured to the closest exterior point of the building), whichever is closer to the protected structure, shall not exceed the average ambient noise level (as determined by the seventy-two-hour evaluation).

Adjustments to the foregoing noise limits may be permitted in accordance with the following:

If a complaint is received by the Borough from any person, whether a resident or user of any protected structure, located within 1,500 feet from the wellhead or equipment generating noise during drilling or hydraulic fracturing activities, the operator shall, within 24 hours of receipt of the complaint from the Borough, continuously monitor for a forty-eight-hour period at a point which is the closer to the complainant's building of:

When the monitoring is complete, operator will provide the monitoring data to the Borough and will meet with Borough representatives and affected landowners or users to discuss what noise abatement measures are warranted and if the permitted levels set forth herein were exceeded. If permitted levels are exceeded, the operator shall utilize the services of a person with expertise in noise measurement, remediation and abatement and in gas and oil well drilling and operation to study, with the involvement and input of the Borough Engineer, any possible remedial measures, including but not limited to construction of sound walls and placement of acoustic blanketing for sound insulation. The results of the study shall be provided in a written report to the Borough as to whether any such remedial measures are effective and feasible based on all the relevant circumstances, including the noise level, the extent that the permitted noise level is exceeded, the number of protected structures adversely affected and their location, the nature and type of drilling equipment being utilized, and whether the use of any such remedial measures would create a safety hazard or be contrary to state or federal regulation.

Exhaust from any internal combustion engine or compressor used in connection with the drilling of any well or for use on any production equipment or used in development shall not be discharged into the open air unless it is equipped with an exhaust muffler or an exhaust box. The exhaust muffler or exhaust box shall be constructed of noncombustible materials designed and installed to suppress noise and disruptive vibrations. All such equipment with an exhaust muffler or exhaust box shall be maintained in good operating condition according to the manufacturer's specifications.

All workover operations shall be restricted to the hours of 6:00 a.m. to 10:00 p.m., except as necessary, as reasonably determined by the operator. The Borough shall be provided with reasonable notice of any workover operations.

In cases where noise has exceeded permitted levels and gas and oil well drilling rigs can be outfitted with acoustic barrier insulation blankets, such barriers shall be installed in accordance with best management practices in the industry; provided, however, that no such acoustic barrier shall be required where its use would be contrary to a preempted applicable state or federal regulation, or where its use would create a safety hazard in the opinion of the Borough Engineer or of any regulatory agency with jurisdiction.

At least 14 calendar days prior to the placement of a portable storage container at the residential dwelling unit, the owner/tenant or a contractor for the owner/tenant shall file a portable storage container permit application with the Borough Code Enforcement Officer.

Provided the portable storage container permit application is timely submitted and the permit fee paid, the Borough Code Enforcement Officer may grant the permit for a period not to exceed 30 days, subject to renewal by the Code Enforcement Officer.

No portable storage container shall be filled beyond its top edge.

When not in use, all portable storage containers shall be covered with a tarpaulin or otherwise secured as approved by the Building Code Official or designated representative to prevent debris from blowing out of the container.

Only one permit for a total period not to exceed 30 days in connection with any move into or out of the residential dwelling located on the lot where the portable storage container is located may be granted in a twelve-month period, unless the owner/tenant provides the Borough Code Enforcement Officer with documentary proof that the residential dwelling has been sold during the said twelve-month period, that the lease has terminated, or that an order of eviction or foreclosure has issued.

A portable storage container may be placed on a private driveway but shall not at any time block or obstruct a public sidewalk. If placed in a driveway, the storage container must not obstruct all parking spaces so that there is no off-street parking for the residential unit affected, unless approved by the Code Enforcement Officer.

A permit fee of $50, or a fee as set by resolution of Council, shall be due for the placement of a portable storage container on a residential lot.

Each outdoor dining area shall be physically attached to at least one wall of the building containing the restaurant use for which the outdoor dining area is an accessory use.

An outdoor dining area shall be located a minimum of 100 linear feet on all sides from any residential dwelling located in any zoning district. The outdoor dining area shall be permitted only in the rear or the side yards of the building containing the primary restaurant use.

The designated outdoor area shall be screened on all sides with a planting area or other type of screening providing a minimum of three feet in height above the floor elevation of the outdoor dining area. This screening device must be in addition to any railing or guards required under the applicable building code.

The use of any outdoor dining area shall be limited to the hours of 11:00 a.m. through 10:00 p.m., prevailing time.

Lighting devices for the outdoor dining area shall not in any way produce objectionable, direct or reflected glare on any adjoining property or thoroughfare and, where necessary, appropriate full shielding of the lighting devices servicing the outdoor dining area may be required to achieve this goal.

Any outdoor dining area shall be located so as to comply with any and all regulations regarding rear and side yard requirements set forth in the zoning district in which the principal use is located.

No outdoor dining area shall cause or permit any sound, noise, music or audio of any type or nature to generate an A-weighted sound level in excess of 68 dB when measured at any of the property lines on which the designated outdoor dining area is located.

The gross floor area (GFA) of the outdoor dining area shall be added to the GFA of the restaurant building to which it is attached for any and all purposes authorized under this chapter, including:

All outdoor dining areas must meet the minimal accessibility requirements of the applicable building code.

An outdoor dining area shall only be located at the floor level of the primary dining area of the principal restaurant to which it is attached, but in no event, shall any outdoor dining area be located a distance greater than eight feet above grade.

At least one employee shall be on duty and shall be situated in each manager's station at all times that any patron is present inside the premises.

The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms. Restrooms shall not contain video reproduction or viewing equipment. If the premises has two or more manager's stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the manager's stations. The view required in this paragraph shall be by direct line of sight from the manager's station.

It shall be the duty of the owners and operators and any agents and employees present on the premises to ensure that the viewing area remains unobstructed by any doors, walls, merchandise, display racks or other materials at all times, and to ensure that no patron is permitted access to any area of the premises which has been designated in the application submitted to the Borough as an area in which patrons will not be permitted.

No viewing room shall be occupied by more than one person at any time. No connections or openings to an adjoining viewing room shall be permitted.

The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place in which patrons are permitted access at an illumination of not less than one footcandle as measured at the floor level. It shall be the duty of the owners and operators and any agents and employees present on the premises to ensure that the illumination is maintained at all times that any patron is present on the premises.

If live performances are to be given, the premises in which such live performances are to be offered shall contain a stage separated from the viewing area, and the viewing area shall not be accessible to the performers, and the performers shall not have easy access to the viewers present.

The shelter provider shall be responsible for the construction, maintenance, permits, feeds and removal of said shelter.

Transit shelters may be equipped with lighting that improves the safety and security of waiting passengers. The shelter lighting shall be designed such as to prevent the direct view of the light source (bulb) from any location outside of the public right-of-way by any means determined to be acceptable by the Borough.

Such easement or covenant shall run with the land and, at a minimum, provide that the said property owner waives and releases any and all claims, damages and/or losses resulting from higher noise levels, visual impacts or flickering reflections and/or shadows which may arise as a result of the location of a wind turbine generator(s) within the established setback distance of an existing residential or commercial structure on the property of the owner executing same.

Such easement, covenant or consent before recording shall be submitted to the governing body for approval at the same time the nonresidential land development plan is submitted for approval.

Such easement, covenant or consent shall meet such requirements as to form and content consistent with this chapter as may be required by the municipal governing body.

The developer shall, immediately following the first year of operation and every fifth year thereafter, at its own expense, retain an independent engineer acceptable to the municipal governing body to estimate the cost of decommissioning and removal of the tower facilities and restoration of the site, net of any expected salvage value of the tower(s) and its components, and the developer shall submit such report to the municipal governing body and landowner upon receipt.

If the independent engineer concludes that such decommissioning, removal and restoration will cost in excess of the estimated salvage value, the developer shall set aside funds ("required decommissioning funds") sufficient for decommissioning and restoration by either providing a performance bond, a surety bond, a letter of credit or by depositing required decommissioning funds sufficient to offset any shortfall in salvage value into an escrow account to be held by the Borough of Green Tree.

The escrow agent shall provide those funds to the party removing such turbine(s) and restoring the property in the event the cost of disassembling and removal thereof from the premises and restoration of the premises exceeds the salvage value of the improvement.

The submission of a nonresidential land development plan shall constitute the agreement and consent of the developer and owner of the property, their respective heirs, successors and assigns that:

The estimated cost of decommissioning will be updated every fifth year to consider inflation or other factors deemed relevant by the independent engineer, including, but not limited to, any increase or decrease of the market value of the structure and its related components being decommissioned and the cost of labor to perform the decommissioning.

The deposit, bonds or letters of credit shall be adjusted accordingly to the current required decommissioning funds and any sum necessary to make prior contribution equal to the required decommissioning funds necessary to perform the decommissioning removal and restoration.

Any funds in excess of the required decommissioning funds will be returned to the developer after decommissioning, removal and restoration.

Any costs of decommissioning, removal and restoration in excess of the decommissioning shall be promptly paid by the developer or then owner of the turbine(s) to the contractor retained for the removal and restoration.

Any performance bond, surety bond or letter of credit, if used, in lieu of a deposit of cash, shall contain such terms and provisions as shall be acceptable to the municipal governing body.

All wind energy facilities shall be equipped with a redundant braking system. This includes both aerodynamic overspeed controls (including variable pitch, tip, and other similar systems) and mechanical brakes. Mechanical brakes shall be operated in a fail-safe mode. Stall regulation shall not be considered a sufficient braking system for overspeed protection.

All electrical components of the wind turbine shall conform to relevant and applicable local, state, and municipal codes, and relevant and applicable international standards.

Wind turbines shall not be climbable up to 15 feet above ground surface.

The applicant shall cooperate with local emergency services to develop and coordinate implementation of an emergency response plan for the wind energy facilities and shall provide a copy of the project summary and site plan to local emergency services.

Lighting shall be screened or shielded from any adjacent residential use or district, in accordance with the provisions set forth in § 420-36 of this chapter.

Noise and shadow flicker shall be minimized to the greatest extent possible.

Only one wind energy facility shall be permitted per lot.