Any mobile home parked or placed outside a duly permitted mobile home park shall have an adequate supply of pure water for drinking and domestic purposes and a sewage disposal system meeting Borough ordinances. Such individually sited mobile homes shall only be permitted in the A1 and R-4 Districts.

Skirting consisting of shrubbery or other suitable material shall be installed along the perimeter of each mobile home permitted under this section, which screening shall extend from the ground to the bottom of the mobile home.

Ownership. The tract of land shall be controlled by the applicant and shall be developed as a single entity.

Intersections and access. The number of driveways entering onto existing public streets shall be minimized.

Primary conservation areas. The design shall strictly minimize the disturbance of the following primary conservation areas, which are environmentally sensitive.

Single-family detached dwellings: single-family detached dwellings.

Two-family dwelling units or multifamily dwellings: two-family dwelling units, townhouses, or owner-occupied condominium garden apartments at the same density as single-family dwellings unless the units are otherwise permitted in the district where proposed, in which case the normal standards, including, but not limited to, density requirements, shall apply.

Conservation open space: conservation open space comprising a portion of the development, as specified above.

Retail and service establishment: In developments of 200 or more dwelling units, retail and service establishments, as defined by this chapter, may be permitted as a conditional use. Such uses shall be an integral part of the design of the development and shall primarily serve the residents of the development. The development standards for the C-1 District shall apply.

Agriculture and forestry uses.

Accessory uses: Accessory uses shall be permitted on the same lot with and customarily incidental to any permitted use and not conducted as an independent principal use.

Dwelling lots. Dwelling lots shall not encroach upon primary conservation areas, and the layout shall respect secondary conservation areas as identified in the conditional use process.

Exterior views. Views of dwellings from exterior roads and abutting properties shall be minimized by the use of changes in topography, existing vegetation, or additional landscaping.

Uses permitted on conservation open space. The following uses are permitted in conservation open space areas:

Layout. The conservation open space shall be in the largest blocks possible and shall be laid out to ensure that an interconnected network of open space will be provided.

Ownership. The conservation open space may be owned and maintained in accord with § 210-44 and Chapter 183, Subdivision and Land Development, of the Borough Code.

Use by development residents. Not less than 15% of the conservation open space shall be free of wetlands, floodway, and slopes in excess of 25%.

Access. Pedestrian and maintenance access shall be provided to conservation open space reserved for subdivision residents.

Permanent conservation open space. The required conservation open space shall be subject to permanent conservation easements.

Subdivision and Land Development Ordinance open space requirement. The conservation open space provided under this § 210-15 shall satisfy the requirement for common open space in § 183-23 of Chapter 183, Subdivision and Land Development, of the Borough Code.

Yards and buffers. Where a commercial or manufacturing use is contiguous to an existing residential use in an R-1, R-2, R-3, R-4, R-5 or R-6 District, the minimum side and rear yards shall be increased to 30 feet and a buffer area shall be maintained. The buffer may consist of either a solid fence, not less than six feet in height, or dense evergreen plantings, not less than six feet high and a minimum of five feet wide, or other designs which achieve the required results. All buffer areas required by this chapter must be reviewed by the Borough Planning Commission and approved by Borough Council prior to the issuance of a permit. Buffer areas along street rights-of-way must comply with required clear sight triangles.

Fire and explosion hazards. All activities involving, and all manufacturing, production or storage of, flammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion, and adequate fire fighting and fire suppression equipment and devices standard in the industry shall be required. Burning of waste materials in open fires is prohibited. The relevant provisions of federal, state and local laws and regulations shall also apply. Details of the potential hazards and details of planned safety and accident response actions shall be provided by the developer. Minimum front, side and rear yards shall be increased to 150 feet. Gasoline service stations shall be exempt from these increased yard requirements, provided that the applicant can provide documentation that compliance is being made with Commonwealth of Pennsylvania regulations regarding the storage and dispersing of gasoline in underground storage tanks and equipment.

Radioactivity or electric disturbance. No activities shall be permitted which emit dangerous radioactivity or electrical disturbance adversely affecting the operation of any equipment other than that of the creator of such disturbance. All applicable federal regulations shall apply.

Noise.[1] The outdoor day/night average sound level (DNL) in decibels at the property line shall not exceed 65 decibels. The Zoning Officer in the investigation of a violation shall initially estimate DNL using the "Walk-Away Test" as described in the U.S. Department of Housing and Urban Development's 1979 Noise Assessment Guidelines. Should the test indicate a DNL exceeding 65 decibels, the Officer shall notify the owner and any aggrieved party of his findings and the potential violation. He shall also recommend appropriate abatement measures. Should a subsequent investigation still indicate a problem, the Officer shall determine such average sound level by taking not less than three measurements with a decibel meter, all of which shall occur within 72 hours but no less than 15 minutes apart.

Vibration. No vibration shall be permitted which is detectable without instruments at the property line.

Glare. No direct or sky-reflected glare, whether from floodlights or from high temperature processes such as combustion or welding or otherwise, shall be permitted so as to be visible at the property line. This restriction shall not apply to signs otherwise permitted by the provisions of this chapter.

Smoke. No emission shall be permitted from any chimney or otherwise, of visible gray smoke of a shade equal to or darker than No. 2 on the Power's Micro-Ringlemann Chart, published by McGraw-Hill Publishing Company, Inc., and copyright 1954.

Other forms of air pollution. No emission of fly ash, dust, fumes, vapors, gases and other forms of air pollution shall be permitted which can cause any damage to health, to animals, vegetation, or other forms of property, or which can cause any excessive soiling.

Surface and ground water contamination. All activities involving the possible contamination of surface or ground water shall be provided with adequate safety devices to prevent such contamination. Details of the potential hazards (including the groundwater characteristics of the area in which the use is proposed) and details of planned safety devices and contamination response actions shall be provided by the developer.

All sidewalk dining areas shall be open for ingress and egress to the pedestrian path. Clear, continuous passage of the pedestrian path shall be provided through or adjacent to all sidewalk dining areas. The minimum required clear path shall be four feet in width to allow passing areas. The clear area shall be free of any obstructions such as trees, landscaping, street furniture, signs and the like in order to allow adequate pedestrian movement.

Sidewalk dining areas shall also not interfere with any utilities or other facilities such as light poles, fire hydrants, signs, landscaping, mailboxes, or benches located on the sidewalk or public right-of-way. The sidewalk dining area may not impinge on any required clear distances for maneuvering around entrances or exits.

The use of removable umbrellas and other similar coverings may be permitted, provided that no portion of the umbrella or other covering infringes on the clear pedestrian path. Umbrellas shall have weighted bases. No portion of an awning or other covering shall be less than eight feet above the sidewalk. No permanently constructed nonretractable or nonremovable awning, umbrella or other coverings shall be permitted.

Any lighting for sidewalk dining areas shall not cause a glare to passing pedestrians or vehicles. Outdoor heaters may also be used, provided they are placed a minimum of two feet inside the designated sidewalk dining area (two feet away from the designated pedestrian path). Electrical wires and cords shall not be permitted in the sidewalk dining area.

Multifamily dwelling projects shall be conditional uses subject to the provisions of this chapter and shall also be considered major subdivisions and land developments subject to the jurisdiction of Chapter 183, Subdivision and Land Development. The major subdivision classification shall apply to all subdivision of property in connection with the development, regardless of whether or not the same are connected with building development, and approvals required shall be requested and acted upon concurrently as one subdivision. Application for preliminary approval of multifamily dwelling projects, accordingly, will be made to Honesdale Borough in the manner provided under Chapter 183, Subdivision and Land Development. The developer shall also submit all information required by said Chapter 183, plus the following additional information:

The application package shall be processed on a schedule identical with requirements for review and approval of other preliminary plans under Chapter 183, Subdivision and Land Development, including providing the Wayne County Planning Commission with an opportunity to review copies of the entire package. The Borough Planning Commission, before recommending action to Borough Council, may also hold a public hearing pursuant to the Pennsylvania Municipalities Planning Code.[1] The Honesdale Borough Planning Commission shall then report its findings together with a recommendation indicating whether the conditional use criteria contained in § 210-38 will be met.

Borough Council shall act on the preliminary plan, conditional use, and "Planning Module for Land Development" concurrently, making the preliminary plan approval, if one shall be given, subject to approval by the Pennsylvania Department of Environmental Protection (DEP). No building permit shall be issued to the applicant, however, until all conditions attached to the approval of any preliminary plan, including DEP approval of the planning module, shall have been satisfied, and nothing herein shall be construed as permitting the issuance of a building permit prior to preliminary approval. This requirement notwithstanding, the conditional use building permit application shall be made with the preliminary plan and shall, if granted, be valid for a period equal to that for preliminary plan approval. If the preliminary plan shall be rejected, no conditional use building or zoning permit shall be granted.

Following preliminary plan approval, the developer shall provide for the installation of required or proposed improvements, including, but not limited to, streets, parking areas, storm drainage facilities, recreational facilities and lighting. Building improvements shall similarly be completed or guaranteed prior to the applicant's request for final approval. No certificate of use shall, however, be issued until such time as:

Complete final building plans shall also be submitted as part of the final plan application.

No person shall sell, transfer, lease or agree or enter into an agreement to sell or lease any land and/or building or interests in the individual dwelling units to be created, or erect any building thereon, except in accord with the provisions of this section, unless final approval has been granted and the plan has been recorded in the Office of the Wayne County Recorder of Deeds.

Land contained within public rights-of-way;

Land contained within the rights-of-way of existing or proposed private streets (where formal rights-of-way are not involved, the width of the street shall be assumed as 50 feet wide); and

Land contained with the boundaries of easements previously granted to public utility corporations.

Recreation areas shall be immediately adjacent to the proposed units and freely and safely accessible to all residents of the development and shall not be used to fulfill open space requirements or provide recreational areas for residents of other units, excepting those provided for in Subsection D(2) below. No less than 50% of the open space to be provided shall be dedicated to recreational area for the sole benefit and enjoyment of the residents of the particular units proposed.

Land designated simply as open space shall be maintained as open space and may not be separately sold, used to meet open space or recreation area requirements for other developments, subdivided or developed, excepting that a holding zone may be reserved for future development pursuant to density and other zoning requirements as they presently exist, provided such lands are specifically defined and indicated as "reserved for future development" on all plats. Such lands shall not be included in calculating permitted density for the proposed development. These provisions, however, shall not be construed as granting or reserving to the developer any rights or privileges to develop on the basis of a preapproved plan if density or other zoning requirements shall have been modified to preclude such development.

Mechanisms to preserve open space.

At least 50% of the designated recreation area shall be usable for active recreational activities and shall not include swamps, quarries, slopes over 24% in grade, or acreage used for improvements. Storm drainage facilities and sewage effluent disposal areas are considered improvements.

Developments of 50 units or more shall also provide one-half acre of parks and playgrounds per 50 units.

There shall be no more than 10 dwellings in each multifamily building.

No structure shall be constructed within 50 feet of the edge of any access road to or through the development or within 10 feet of the edge of any parking area.

Access roads through the development shall comply with minor street requirements as specified in Chapter 183, Subdivision and Land Development, and no parking space shall be designed such that a vehicle would be backing or driving out onto a through road. Instead, there shall be a defined entrance and exit to and from each parking area.

No multifamily development shall be served by more than one access to any public highway, unless topography or other physical circumstances would preclude the use of a single entrance in a safe manner.

Parking shall comply with the parking provisions of this chapter excepting that, in addition to the 2.0 spaces per unit, there shall be specifically provided, for every two units intended for rental or other transient occupancy, one additional space to accommodate parking needs during sales and other peak visitation periods.

No more than 60 parking spaces shall be provided in one lot, nor more than 15 in a continuous row, without being interrupted by landscaping. All off-street parking shall be adequately lighted and so arranged as to direct light away from residences.

No structure shall be erected within a distance equal to its own height of any other structure.

All multifamily structures shall be a minimum of 100 feet from any of the exterior property or boundary lines of the particular project involved and 75 feet from any public right-of-way.

Where a property line is not wooded, a planting strip of 50 feet in width shall be required to buffer adjoining property owners and ensure privacy. A landscaping plan shall be prepared by the developer and approved by the Borough.

Multifamily developments shall be subject to the stormwater management requirements of Chapter 183, Subdivision and Land Development, and Chapter 177, Stormwater Management.

Access drives shall not open upon any public right-of-way within 80 feet of the nearest right-of-way line of any intersecting public street or highway or where the sight distance in either direction would be less than 300 feet.

There shall be no more than one entrance and one exit to any business or parking area on any one highway. Each entrance and exit shall be clearly defined with curbing, fencing or vegetative screening so as to prevent access to the area from other than the defined entrance and exits. In no case shall one entrance and exit be located within 80 feet of any other on the same property or adjoining property along the same public right-of-way. Nonconforming lots, however, shall be exempt from this requirement.

Any subdivision of property within an R-4, C-1, C-2 or ID District shall provide no more than one common entrance and one common exit on any public right-of-way. Interior access drives shall be provided for movement of traffic to the public right-of-way.

Establish a permit system allowing a variety of signs by zoning district;

Allow certain signs that are small, unobtrusive, and incidental to principal use of lots on which they are located, subject to the substantive requirements of this section, but without a requirement for permits; and

Provide for temporary signs.

Assuring all signs are safely constructed and located.

Permitting businesses to inform, identify, and communicate effectively.

Directing the general public through the use of signs.

Encouraging aesthetically attractive design, scale, and placement of signs.

Encouraging orderly placement of signs without impairing property rights.

Assuring sign information is clearly visible, conspicuous, legible and readable.

Providing flexibility as to the number and placement of signs.

Avoiding damage and injury due to sign distractions.

Promoting tourism and the free flow of traffic.

Enabling fair and consistent enforcement of sign standards.

Requirement of permit. A sign permit shall be required before the erection, re-erection, construction, alteration, placing, or installation of all signs identified on the Schedule of Sign Regulations as "Allowed with Permits from Zoning Officer." Permits shall not be required for routine maintenance or changing of the parts or copy of a sign, provided the maintenance or change of parts or copy does not alter the sign surface area or height, or otherwise render the sign nonconforming.

Permit application. Applications for sign permits shall be submitted to the Zoning Officer. The applicant shall pay the required application fee with the application. Two copies of plans and specifications shall be submitted with each application. One copy shall be returned to the applicant at the time the permit is granted. The application and plans shall, at a minimum, include:

Issuance of permits. Upon the filing of an application for a sign permit, the Zoning Officer shall examine the plans, specifications, and other application data and the premises upon which the sign is proposed to be erected or affixed. If the proposed sign will comply with all the requirements of this section and other applicable Borough regulations and the appropriate permit fee has been paid, the Zoning Officer shall issue a permit for the proposed sign.

Expiration. If the work authorized under a sign permit has not been completed within 90 days after the date of issuance, the permit shall become null and void, unless otherwise extended by the Zoning Officer for a single additional ninety-day period.

Permit fees. Each sign requiring a sign permit shall pay a fee as established from a schedule adopted by resolution of the Borough Council.

Inspections. All signs for which a permit is required shall be subject to the following inspections:

Prohibited signs. All signs not expressly permitted or exempted under this section from regulation are prohibited in the Borough. This includes roof signs and commercial signs intended to resemble official highway signs or uniform traffic control devices. Feather signs are specifically prohibited due to pedestrian and other hazards.

Signs allowed without permits. Certain signs, although subject to the standards of this section, shall be exempt from its permit requirements. A listing of such signs by zoning district may be found on the attached Schedule of Sign Regulations.

Construction requirements. All signs permitted by this section shall be constructed in accord with the Pennsylvania Building Code, if regulated by the Code, and the following standards.

Maintenance. Each sign shall be maintained in good order and repair at all times so that it does not constitute any danger or hazard to public safety, and is free of peeling paint, major cracks, or loose and dangling materials.

Illumination. Where permitted, signs shall be illuminated only by a steady, stationary (excepting for indicators of time and temperature), shielded light source directed solely at the sign, or internally lighted, without causing glare for motorists, pedestrians or neighboring premises. The illumination, if produced in such place or manner as may tend to make it resemble traffic signals, shall not be green, red or orange-yellow.

Awning, canopy, and marquee signs. Any awning, canopy, or marquee sign shall not project higher than the top of the awning, canopy, or marquee to which such sign is to be affixed. The sign shall be limited to the name of the establishment. If sign letters or logos are placed on the awning valance, no letters or logos may be placed elsewhere on the awning.

Changeable panel signs. Nothing herein shall prevent the inclusion of a changeable letter sign, identifying special, unique, limited activities, services, products, or sale of limited duration occurring on the premises on which the changeable panel sign is located, as part of an otherwise permitted nonresidential use identification or wall sign meeting side and rear yard setbacks.

Window wall signs. Window wall signs for nonresidential uses may be internally illuminated. Sign copy shall be limited to nonresidential use identification purposes, or signs advertising products or services available on the premises. No signs are permitted in unglazed openings.

Flags. Flags shall be permitted for commercial, manufacturing, industrial, public and semi-public uses. Such flags shall be strictly limited to nonresidential use identification purposes. Pennsylvania and U.S. flags shall be exempt. Garden and house flags used for decorative purposes in conjunction with residential uses shall also be exempt.

Wall signs. Wall signs shall be securely attached to the wall and not extend above or beyond the top and ends of the wall. Projecting signs and window signs shall also be considered wall signs for purposes of maximum sign area limitations.

Signs attached to any public infrastructure or utility poles, including, but not limited to, light poles, electric poles, fences, street signs, stop signs or parking meters or signs placed in the public right-of-way except as may be permitted herein in the way of banners approved by the Borough shall be strictly prohibited and shall be immediately removable by the owner of the affected public or utility property.

General requirements.

Real estate, temporary construction and contractor signs. Temporary construction signs shall be allowed only as accessory to an approved building permit for a project or development and must be removed prior to an occupancy permit being issued, or if no occupancy permit is required, the sign shall be removed upon project completion. Contractor signs shall be similarly limited. All such signs shall be removed within 30 days after the property is sold or the construction is completed.

Temporary political signs. Temporary political signs announcing political candidates seeking office, political parties, and/or political and public issues contained on a ballot shall be erected or maintained for a period not to exceed 60 days prior to the date of the election to which such signs are applicable and shall be removed within seven days following such election. The candidate shall be responsible for all political signs placed on the candidate's behalf if located in the public right-of-way.

Temporary yard or garage sale, open house, or auction signs. Temporary yard sale or garage sale, open house, or auction signs advertising the sale of items and the sales location shall be erected no earlier than five days before the event and must be removed no later then three days after the event, which event shall be limited to four days in length. No such sign shall remain erected for a period longer than 12 days altogether. No more than three such events shall take place in a calendar year.

Sandwich board signs. Sandwich board signs shall be weighted to withstand wind conditions and avoid collapsing. Such signs shall be removed after business hours.

Temporary sign quality. All temporary signs shall be printed on stock capable of surviving intact for the period of the activity being advertised and may be rejected by the Zoning Officer if they do not meet this standard in his or her discretionary judgment.

The following standards shall apply to developments in which two or more nonresidential uses are housed in one or more principal structures on a lot.

Common directory signs. The intent of this section is to allow commercial, manufacturing, industrial, public and semipublic uses, referred to as "nonresidential uses" in this section, to jointly erect and maintain a common directory sign to guide the public to the various uses.

Historical signage. Nothing herein shall prevent or consider as signage the placement of the year of construction or name of a builder or other historical marker data on a structure for nonadvertising purposes. Likewise, nothing herein shall prevent the retention of historical signage relating to a building's previous use (e.g., the "Murrays" building) or the repurposing of existing signs, nor shall the former count against maximum signage otherwise permitted.

Murals. Murals placed on any building, as provided on the Schedule of Sign Regulations, shall not require permits hereunder but shall comply with illumination standards. Any advertising within the mural shall be subject to otherwise applicable sign standards herein.

Advertising signs of 300 square feet or less in surface area shall be permitted in the C-2 Highway Commercial District as special exception uses, provided that any such sign within 100 feet of an R-1, R-2, R-3, R-4, R-5 or R-6 residential district shall be limited to 100 square feet in surface area.

Any advertising sign located along a federal primary highway (e.g., Route 6) shall also be located no closer than 100 linear feet to another such sign along either side of such highway and otherwise comply with Pennsylvania Department of Transportation Chapter 445 regulations for outdoor advertising devices.[1]

The following additional special exception review criteria shall apply to advertising signs:

Electronic message signs shall not display animation, flash or blink, scroll or have intermittent or full-motion video. Motion shall be limited to the transition from one message to another.

Electronic message signs shall be equipped with light sensors capable of measuring ambient light levels and dimming devices that shall lower the brightness of the sign based on the measured ambient light to minimize the brightness level required to make the sign visible. The dimming device shall minimize the illumination used to the lowest level necessary to make the sign conspicuous and visible during both daytime and nighttime hours. At no time shall the brightness level of any electronic message sign constitute glare.

No electronic message sign shall be located within 500 linear feet of any other electronic message sign on either side of a street.

Electronic message signs shall be located at least 150 feet from any existing dwelling located in the direct line of sight of the advertising on either side of a street.

Transitions for electronic message signs shall fade and content shall not change more than once every 10 seconds with a transition time of not more than two seconds.

All electronic message signs shall include landscaping of a ground surface area equal to not less than 50% of the sign area with a mixture of annuals, perennials, shrubs, evergreen and/or shade trees, subject to review the Borough Planning Commission and approval by the Zoning Hearing Board.

No electronic message signs shall display any interactive message such as a message requesting that the viewer call a number for a chance to win a prize or claim a reward. Notwithstanding the foregoing, an AMBER Alert^™ message or similar message provided by a governmental entity on an electronic message sign shall not be considered an interactive message.

Electronic message signs shall be permitted only in the C-2 Highway Commercial District and only as special exception uses.

Illegal and obsolete signs. Any sign, whether existing on or erected after the effective date of this section, that advertises a nonresidential use no longer being conducted or a product no longer being offered for sale shall be removed within 90 days upon the cessation of such nonresidential use or sale of such product by the owner, agent, or person having the beneficial interest in the premises on which such sign is located. If the Zoning Officer shall find any such sign advertising a nonresidential use no longer being conducted or a product no longer being offered for sale has not been removed within 90 days upon the cessation of such nonresidential use or sale of such product, he or she shall give written notices to the owner, agent, or person having the beneficial interest in the premises on which such sign is located. Removal of the sign shall be affected within 10 days after receipt of the notice from the Zoning Officer. Illegal signs shall be processed in the same manner.

Damaged or unsafe signs. If the Zoning Officer shall find that any sign is damaged, in disrepair, vandalized, unsafe or insecure, he or she shall give written notice to the owner, agent, or person having the beneficial interest in the building or the premises on which such sign is located. Correction to the condition that caused the Zoning Officer to give such notice shall be effected within 10 days after receipt of the notice. Where a sign is illegally placed on Borough property, the Zoning Officer may immediately remove of the same. Where a sign appears to be illegally placed on other public or utility property, the Zoning Officer shall immediately notify the owner of such public or utility property and request the removal of the same.

A minimum parcel of two acres shall be required for the residence and stable.

No more than two equines shall be kept except that one additional equine may be kept for each additional acre of land.

Two hundred square feet of stable building area shall be provided for each equine kept on the property.

No stable building or corral shall be located within 50 feet of an adjoining property line and 50 feet from any public or private road.

All equines shall be restricted from grazing or intruding on an adjoining property, and any fences erected for the same shall be at least five feet from the property line or public or private road right-of-way line.

A minimum parcel of five acres shall be required and a single-family residence for the owner or manager shall be permitted on the premises, provided all other sections of this chapter and other applicable standards are met.

No more than three equines are kept with the exception that one additional equine may be kept for each additional acre of land.

The stable building shall not be less than 200 square feet in size for one equine, with an additional 200 square feet for each additional equine.

All equine shall be restricted from grazing or intruding on an adjoining property, and any fences erected for the same shall be at least five feet away from the property line or public or private road or right-of-way.

Adequate off-street parking shall be provided pursuant to § 210-19 of this chapter with one space provided for each nonresident employee and one space per two equines kept on the premises.

No stable building or corral shall be located within 100 feet of an adjoining property line and 75 feet from any public or private road or right-of-way.

A minimum parcel of three acres shall be required.

No structure used for the keeping of dogs shall be located closer than 125 feet to any property line or 100 feet to any public or private road.

Adequate off-street parking shall be provided pursuant to this chapter with one space for each nonresident employee and one space per four dogs kept on the premises.

A noise barrier consisting of a solid fence not less than six feet in height or a dense vegetative planting of not less than six feet in height shall be provided at a distance not to exceed 15 feet and fully encircling all kennel areas not enclosed in a building.

Dogs shall be restricted from using kennel areas not fully enclosed in a building from 8:00 p.m. to 8:00 a.m.

Any junkyard located adjacent to a federal aid highway shall comply with all regulations of the Federal Highway Administration.

No new junkyards created after the effective date of this chapter shall be located closer than 1,000 feet to an existing public right-of way.

All junkyards must erect and maintain a six-foot-high fence adequate to prohibit the entrance of children or others into the area and to contain within such fence the materials dealt in by the owner or operator. If such area is located adjacent to a public road or residential area, the fence shall be 25 feet from the boundary line or right-of-way line thereof and be adequate to screen all portions of the junkyard from view from the public road or from residential areas.

The area used for a junkyard shall not be used as a dump area nor as a place for the burning and disposal of trash.

Performance guaranty.

Existing junkyards outside of the A1 District shall be removed within six months of the enactment of this chapter unless previously issued a permit for such purpose by the Borough or having existed as a nonconforming use prior to the adoption of the original Borough Zoning Ordinance.

All junkyards shall be required to obtain an annual certificate of use permit from the Borough for the operation of the said junkyard.

The location of the tower and equipment building shall comply with all natural resource protection standards of this chapter.

An evergreen screen consisting of a row of evergreen trees planted 10 feet on center, maximum, shall be located around the perimeter of the security fence. The Borough may, however, modify or waive screening requirements if the site is entirely or partially wooded so as to provide existing screening.

An eight-foot-high security fence shall completely surround the tower (and guy wires, if used) and equipment building.

The tower and antenna shall be designed and constructed to all applicable standards of the American National Standards Institute.

A soil report prepared by a professional engineer shall be submitted to the Borough to support the design specifications of the foundation for the tower, and anchors for the guy wires, if used.

Telecommunications facilities shall be subject to the following subdivision and land development standards:

A telecommunications facility shall be permitted on a property with an existing use, subject to the following conditions:

The applicant shall demonstrate the tower for the communications facility is the minimum height necessary for the service area and the site chosen is the one affording the opportunity to construct the lowest height tower possible, taking into consideration all lands available within a reasonable distance.

The applicant shall demonstrate that the proposed tower adequately addresses all aspects of aviation safety in view of known local aviation traffic as well as FAA requirements.

Proximity of the communications structure to existing or platted residential properties shall be considered in applying such requirements. Existing trees providing a natural buffer shall be preserved unless required to be removed for purposes of access or safety.

The applicant shall provide visual depictions or studies to indicate how the facility will appear once constructed in relation to the surrounding natural environment and from the perspective of adjacent or nearby residents.

Freestanding pole-type communications structures shall be given preference over towers supported by guy wires.

All communications structures shall be lighted for safety, if required, in a manner consistent with industry best practices, and additional setbacks may be imposed to shield adjacent properties from the effects of such lighting.

Should any tower cease to be used as a communications facility, the owner or operator or then-owner of the land on which the tower is located shall be required to remove the same within one year from the abandonment of use. Failure to do so shall authorize the Borough to remove the facility and charge back the cost of removal to the foregoing parties. The Borough may also file a municipal lien against the land to recover the costs of removal and fees. A financial guarantee for the same shall be required to cover 115% the cost and shall be updated every three years with costs subject to review by the Borough Engineer and the form of the agreement subject to review of the Borough Solicitor, the agreement to be approved by the Borough Council.

An applicant for approval of a communications structure shall include with the application evidence of written contact with all wireless service providers who supply service within the Borough for the purpose of assessing the feasibility of co-located facilities, and co-location shall be mandatory wherever physically feasible.

The Borough may require an applicant to provide accessibility to its facilities for emergency purposes by community organizations responsible for emergency communications.

The Borough may consider any other factor relative to public health, safety and welfare in reviewing an application and may impose conditions with respect to screening, noise generation, traffic, lighting or any other criteria contained herein, and the Borough may, for these purposes, require full disclosure of the uses of the facilities and the specifications with regard to all apparatus and require updates as may be appropriate when equipment is added or modified.

A 9-1-1 address verification letter provided by the Wayne County Department of Planning/GIS shall be provided for locational documentation. The posting of that verified address at the tower site shall also be required.

Where health facilities, public schools, and parking lots or parking structures accessory to health facilities or public schools are located in an R-6 Zoning District, the following development standards shall apply:

A waiver of the 75% maximum lot coverage may be granted to health facilities, schools, and parking lots or parking structures accessory to these uses by Borough Council if all the following conditions are met:

Within a building devoted to the use as a health facility or public school, the following accessory uses may be conducted for the convenience of the occupants and their clientele, provided there are no window displays, advertisements, or signs advertising such business that shall be visible from the outside of the building. Such uses shall include:

The above listed uses shall be considered as principal accessory uses when the use is contained totally within an existing structure which is currently used for or has been approved under conditional use as a health facility or public school, provided that no exterior alterations or construction is required to accommodate the use.

Where parking lots or parking structures are accessory to health facilities or public schools in an R-6 Zoning District, the requirements of Article IV, § 210-18, shall apply except as modified herein. All parking, loading and unloading areas, circulation, and service lanes shall be located outside of any right-of-way but may occupy required yard areas of any parcel, provided that a buffer area no less than five feet wide is maintained along any property border which is not contiguous with another parcel in the same ownership and use.

Parking structures shall be required to maintain the required yard requirements as defined above except that the required front yard may be reduced to 15 feet from the road right-of-way, provided a buffer area be provided.