Each mobile/manufactured home park shall have a minimum lot area of five acres.

Each individual mobile/manufactured home within a mobile/manufactured home park shall comply with the following density, area, and design requirements as if said mobile/manufactured home was located on an individual lot. In addition the standards set forth in Table 550-11-1, Mobile/Manufactured Home Area and Design Standards, each individual mobile/manufactured home shall comply with all other area and design requirements of applicable zoning district:

In no case shall the distance between any two mobile/manufactured homes be less than 20 feet, these setbacks shall also apply to the mobile/manufactured home park office, service, utility, or other buildings.

No mobile/manufactured home lot shall be within 25 feet of the mobile/manufactured home park boundary, nor within 35 feet of an outside street right-of-way.

Each mobile/manufactured home lot shall contain no more than one mobile/manufactured home, nor shall it contain more than one family.

Individual mobile/manufactured homes shall have pitched roofs instead of a flat roof, in accordance with Article VI of this chapter relating to Development Compatibility Overlay Zoning District (DCO).

Protective skirting shall be placed around the area between the stand surface and the floor level of each mobile/manufactured home so as to prevent that area from forming a harborage for rodents, creating a fire hazard, or exposing unsightly conditions.

Individual mobile/manufactured home owners may install accessory or storage sheds, exterior patio areas, and other similar outdoor structures, as long as they are not attached to the mobile/manufactured home structure. Any such facilities so installed shall not intrude into any required front, side, or rear setback, and, in every case, shall substantially conform in style, quality, and color to the existing mobile/manufactured homes.

Parking shall be provided in accordance with Article IX of this chapter.

Buffering and screening shall be provided in accordance with Article VII of this chapter relating to buffering and screening regulations.

All on-site, outdoor lighting shall be provided in accordance with Article VII of this chapter relating to performance standards for all uses and Chapter 480 relating to subdivision and land development.

Each mobile/manufactured home shall be erected and connected to utilities in accordance with Chapter 200 relating to code enforcement, Chapter 480 relating to subdivision and land development, and all applicable Borough, state, and federal requirements.

The location, orientation, and lot circulation shall be coordinated with the Borough in order to minimize the disturbance of adjacent land uses and neighborhoods.

All mobile/manufactured homes shall abut a street right-of-way or approved access easement of the mobile/manufactured home park's internal private street system. In no case shall access to such mobile/manufactured homes and mobile/manufactured home lots be provided directly onto, have frontage, or otherwise abut an external public street right-of-way.

All internal streets shall, as a minimum, comply with local street standards of Chapter 480 relating to subdivision and land development and Chapter 472 relating to street and sidewalks.

Curbs, gutters, and sidewalks shall be constructed and installed on both sides of each street within the mobile/manufactured home park (whether public or private) in accordance with Chapter 472 relating to street and sidewalks and Chapter 480 relating to subdivision and land development, in addition to the installation of shade trees, in accordance with the Chapter 480 relating to subdivision and land development and Chapter 499 relating to shade trees.

Mailboxes provided within the street right-of-way should be clustered together in an orderly and attractive arrangement or structure. Individual freestanding mailboxes of noncoordinated types at the curbside are specifically discouraged.

There shall be a minimum of 15% of the gross acreage of the mobile/manufactured home park that shall be devoted to active and/or passive common recreational facilities. Responsibility for maintenance of the recreational areas shall be with the landowner and/or the operator.

In the UR Zoning District and VMU Zoning District, the maximum density shall be eight dwelling units per net acre.

In the OR Zoning District, the maximum density shall be 10 dwelling units per net acre.

In the DT Zoning District, the maximum density shall be 12 dwelling units per net acre, located on upper floors.

Front-to-front or rear-to-rear parallel buildings shall have at least 45 feet between faces of the building. If the front or rear faces are obliquely aligned, the above distances may be decreased by as much as 10 feet at one end if increased by similar or greater distance to the other end.

A minimum distance of 25 feet is required between end walls of buildings. If the buildings are at right angles to each other, the distance between the corners of the end walls of the building may be reduced to a minimum of 15 feet.

A minimum distance of 25 feet is required between end walls and front or rear faces of buildings.

All multifamily dwellings shall be set back a minimum of 15 feet from any interior access drives or parking facilities contained on commonly held lands.

In no case shall there be more than eight dwelling units per building.

Front-loaded garages shall be limited as follows:

Rear-loaded, side-loaded, or detached garages or carports located behind the rear building line shall not be limited other than through the lot and dimension standards contained in the applicable zoning district and Articles VII and IX of this chapter.

Garages and carports shall be architecturally designed to be compatible and harmonize with the residential use or dwelling to which it they are appurtenant. Garages shall be located so that the swing of the opening door shall not in any case extend beyond any lot line.

One hundred feet from all lot lines.

Two hundred feet from any adjacent property in the residential zoning districts or existing residential use in the mixed-use zoning districts. Otherwise, the setback requirements of the applicable zoning district shall apply.

The applicant shall provide evidence that adequate measures will be in place to prevent pollutants from being washed into the groundwater or waterways. Any chemicals that may be hazardous to aquatic life shall be stored within an area that will completely contain any leaks or spills.

Gray water recycling is mandatory.

Water from the vehicle wash operation shall not flow onto sidewalks or streets.

In the UR Zoning District and VMU Zoning District, the maximum number of guest bedrooms for rent shall be three.

In the OR Zoning District and DT Zoning District, the maximum number of guest bedrooms for rent shall be six.

In the UR Zoning District, the maximum number of tenant/guest rooms for rent shall be three, and the boarding house shall not accommodate more than five tenants/guests.

In the OR Zoning District and the DT Zoning District, the maximum number of tenant/guest rooms for rent shall be eight, and the boarding house shall not accommodate more than 12 tenants/guests.

All outdoor recreation and activity areas shall be set back at least 100 feet from the street right-of-way and any adjacent property in the residential zoning districts or existing residential use in the mixed-use zoning districts.

Any structures exceeding the maximum permitted height may be permitted as long as they are set back from all lot lines at least the horizontal distance equal to their height, plus an additional 25 feet.

Otherwise, all structures shall comply with the applicable zoning district setback requirements.

One hundred feet from all lot lines.

Two hundred feet from any adjacent property in the residential zoning districts or existing residential use in the mixed-use zoning districts.

Otherwise, the setback requirements of the applicable zoning district shall apply.

Maintain current, valid license plates and inspection stickers (when applicable), and be in operable condition.

Be surrounded by a fence or wall at least six feet in height.

Auctions, commercial wholesale or retail sales, or garage/yard sales.

Offices or residential dwellings.

The servicing, repair, or fabrication of motor vehicles, boats, trailers, lawn mowers, appliances, or other similar equipment.

The operation of power tools, spray-painting equipment, table saws, lathes, compressors, welding equipment, kilns, or other similar equipment.

The establishment of a warehousing, distribution, and wholesaling business.

The storage of trash, radioactive or highly toxic substances, garbage, refuse, explosives or flammable materials, hazardous substances, animal carcasses or skins, or similar items that are dangerous, noxious or offensive because of odors, dust, noise, fumes, or vibrations.

The applicant shall adequately demonstrate that all mini storage rental or use contracts shall specifically prohibit the uses listed in Subsection L(4)(a) through (f).

Driveways, access drives or other points of ingress/egress for motor vehicles shall generally be taken from minor access streets.

Off-street surface parking lots shall not be located along, have frontage on, or otherwise abut Market Street or Third Street.

Off-street surface parking lots shall not be located on corner lots, or on or adjacent to the intersection of two streets.

Aboveground parking garages and structures located along any street right-of-way line, excluding minor access streets, shall be provided with continuous, usable, street-fronting, ground-level, nonresidential facades, space, or uses along the entire length of the structure, except for ingress and egress points necessary for retain store entrances and pedestrian entrances to stairs and elevator lobbies into the garage or structure.

In the Downtown Zoning District, no structure occupied in whole or part by a parking structure shall not be permitted as a principal use located within 25 feet of any adjacent property in the Suburban Residential Zoning District.

Adjacent property in the residential zoning districts or existing residential use in the mixed-use zoning districts; or

Property which contains any one or more of the following specified land uses where minors may congregate:

Fifty feet from any abutting lot line and/or street right-of-way line.

One hundred fifty feet from any adjacent property in the residential zoning districts or existing residential use in the mixed-use zoning districts.

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

One hundred fifty feet from commercial or industrial uses, unless the owner of the abutting lot and building has provided written consent.

One hundred fifty feet from any abutting lot line of any existing publicly owned recreation area.

Two hundred fifty feet from any adjacent property in the residential zoning districts or existing residential use in the mixed-use zoning districts.

Residential uses.

Institutional/civic uses.

Accessory uses.

Each accessory use shall be located in a building occupied by residential uses or in a community activities building.

Each accessory commercial use shall not exceed 2,500 square feet of net floor area.

The total area reserved of accessory commercial uses shall not exceed 4% of the total gross land area of the original tract/lot, or no more than 25,000 square feet, whichever is less.

The minimum lot area shall be five acres.

The maximum density shall be 12 units per acre.

The maximum impervious lot coverage shall be 60%.

The minimum vegetative coverage shall be 40%.

No building shall be within 25 feet of the lot or property line of the continuing care retirement community, or within 35 feet of a public street right-of-way.

In instances where there is more than one building on a single lot, the following minimum building separation requirements shall apply:

Staging of development. When the continuing care retirement community is to be developed in stages, the following criteria must be met:

Additionally, outdoor play areas shall be located at least 20 feet from any abutting property in the residential zoning districts or existing residential use in the mixed-use zoning districts, provided with fence of at least four feet in height and screened in accordance with Article VII of this chapter relating to buffer and screening regulations. Outdoor play areas shall be limited to use between 8:00 a.m. and 8:00 p.m.

Medical offices and clinics.

Common dining facilities.

Community gardens.

Parks and other noncommercial recreation uses.

Indoor recreation uses.

Day care.

Bank.

Retail business.

Food services.

Personal services.

Place of worship.

Front to front: 70 feet.

Front to side: 50 feet.

Front to rear: 40 feet.

Side to rear: 20 feet.

Side to side: 15 feet.

Rear to rear: 30 feet.

Corner to corner: 20 feet.

Indoor or outdoor commercial recreation facility.

Day-care facility primarily for children.

Library.

Park, playground, playfield.

Place of worship.

School, private/public.

Swimming pool, public.

Other lands, buildings, and uses where minors congregate.

The composition of the treatment center.

The policies and goals of the treatment center and the means proposed to accomplish those goals.

The characteristics of the residents and number of residents to be served.

The operating methods and procedures to be used.

Any other facts relevant to the proposed operation of the treatment center.

All areas utilized for grazing or pasture areas shall be fenced a minimum of 10 feet from all lot lines.

The applicant shall demonstrate that the methods of disposing of dead animals are in strict compliance with applicable standards established by PA DEP. Dead turkeys, chickens, or piglets shall be kept in airtight containers. Larger dead animals shall be kept in a manner so as to minimize the spread of odors and disease.

Except for dwellings and residential accessory use and structures which shall comply with the residential area and design requirements of applicable zoning district, all structures, except fences, shall have a minimum setback of 50 feet.

Any manure storage facility shall be located in accordance with the building/structure setback requirements established by Act 38 of 2005, known as "ACRE."[1]

Greenhouses, hoop houses, cold frames, and similar structures used to extend the growing season.

Open space associated with and intended for use as garden areas.

Signs limited to identification, information and directional signs, including sponsorship information where the sponsorship information is clearly secondary to other permitted information on any particular sign.

Benches, bike racks, raised/accessible planting beds, compost bins, picnic tables, seasonal farm stands, fences, garden art, rain barrel systems, chicken coops limited to the OR Zoning District, beehives limited to the OR Zoning District, and children's play areas.

Buildings, limited to tool or utility/storage sheds, shade pavilions, barns, restroom facilities with composting toilets, and planting preparation houses.

Off-street parking and walkways.

Uses and structures shall be developed and maintained in accordance with the following regulations:

Timber harvesting practices shall protect nearby structures and utility lines.

Felling or skidding on or across any public street right-of-way is prohibited without the express written consent of the Borough or PennDOT, whichever is responsible for maintenance of the public street.

No tops or slash shall be left within 25 feet of any public or private street right-of-way or easement (as applicable) providing access to abutting residential property.

All tops and slash shall be lopped to a maximum height of four feet above the ground in the following circumstances:

No tops or slash shall be left on or across any property line of any abutting property without the consent of the owner thereof.

Litter resulting from a timber harvesting operation shall be removed from the site before it is vacated by the operator.

As a minimum, the logging plan shall include the following:

Each logging plan shall include a site map containing the following information:

Soil erosion and sedimentation control regulations and standards of the County Conservation District and/or PA DEP requirements.

Stream crossing and wetlands protection regulations of PA DEP and/or the United States Army Corps of Engineers.

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

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.

Establish procedures for the design, siting, construction, installation, maintenance and removal of 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 and other wireless technologies.

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 collocate their commercial communications antennas and related facilities on existing towers.

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

Standard of care. All WCFs shall meet or exceed all applicable standards and regulations 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 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.

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 requirements of this § 550-87.

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 § 550-87.

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:

Inspection; violations.

Timing of approval. The following table details the applicable timeframe of approval for each type of WCF application:

Permitted in all zones subject to regulations. Nontower WCFs are permitted in all zones subject to the restrictions and conditions prescribed below and applicable permitting by the Borough.

Prohibited on certain structures. No nontower WCF shall be located on single-family detached residences, single-family attached residences, twin-homes, duplexes, or any residential accessory structure.

Conditional use authorization required. Any WCF applicant proposing the construction of a new nontower WCF shall first obtain a conditional use authorization from the Borough. The conditional use application shall demonstrate that the proposed facility complies with all applicable provisions in the Lemoyne Borough Zoning Ordinance.

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

Design regulations. Nontower 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.

Nonconforming wireless support structures. Nontower WCFs shall be permitted to collocate upon nonconforming tower-based WCF and other nonconforming structures. Collocation of WCF upon existing tower-based WCF is encouraged even if the tower-based WCF is nonconforming as to use within a zoning district.

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

Insurance. Each person that owns or operates a nontower 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 nontower WCF.

Removal, replacement and modification.

Location requirements.

Application requirements. A conditional use application for a tower-based WCF shall comply with the following requirements, in addition to those required by § 550-105 of the Borough Zoning Ordinance:

Engineer inspection. Prior to the Borough's issuance of a permit authorizing construction and erection of a tower-based WCF, a structural engineer licensed in the Commonwealth of Pennsylvania shall issue to the Borough a written certification of the proposed WCF's ability to meet the structural standards offered by either the Electronic Industries Association or the Telecommunication Industry Association and certify the proper construction of the foundation and the erection of the structure. This certification shall be provided during the conditional hearings or at a minimum be made as a condition attached to any approval given such that the certification be provided prior to issuance of any building permits.

Development regulations.

Design regulations.

Surrounding environs.

Fence/screen. Any tower-based WCF shall be surrounded by a security fence. The base of the tower-based WCF shall be landscaped so as to screen the foundation and base and related building housing accessory equipment from abutting properties. Such fencing and screening shall comply with the requirements of Article VII of the Lemoyne Borough Zoning Code.

Accessory equipment.

Access road. An access road, turnaround space and parking shall be provided to ensure adequate emergency and service access to tower-based WCF. Maximum use of existing roads, whether public or private, shall be made to the extent practicable. Road grades shall closely follow natural contours to assure minimal visual disturbance and minimize soil erosion. The road shall be of a durable and dustless surface (e.g., concrete or bituminous concrete unless of an alternative material and/or design as part of readily accepted stormwater BMP in accordance with Chapter 460, relating to stormwater management, Chapter 480, relating to subdivision and land development, or any other construction materials specifications adopted by the Borough), and approved by the Borough Engineer. Where applicable, the WCF owner shall present documentation to the Borough that the property owner has granted an easement for the proposed facility.

Parking. For each tower-based WCF, Borough Council may require two off-street parking spaces.

Visual appearance and land use compatibility. Tower-based WCF shall employ stealth technology, which may include the tower portion to be painted gray, blue, and/or green as appropriate; however, each case should be evaluated individually. All tower-based WCF and accessory equipment shall be aesthetically and architecturally compatible with the surrounding environment and shall maximize the use of a like facade to blend with the existing surroundings and neighboring buildings to the greatest extent possible. The Council shall consider whether its decision upon the subject application will promote the harmonious and orderly development of the zoning district involved; encourage compatibility with the character and type of development existing in the area; preserve woodlands and trees existing at the site to the greatest possible extent; and encourage sound engineering and land development design and construction principles, practices and techniques.

Collocation and siting. An application for a new tower-based WCF shall demonstrate that the proposed tower-based WCF cannot be accommodated on an existing or approved structure or building, or sited on land owned and maintained by the Borough. The Council may deny an application to construct a new tower-based WCF if the WCF applicant has not made a good faith effort to mount the commercial communications antenna(s) on an existing structure. The WCF applicant shall demonstrate that it contacted the owners of tall structures, buildings, and towers within a 1/4 of a mile radius of the site proposed, sought permission to install an antenna on those structures, buildings, and towers and was denied for one of the following reasons:

Substantial change. To the extent permissible under law, any substantial change to an existing tower-based WCF shall be treated as a new tower-based WCF and reviewed in accordance with the requirements of this § 550-87.

Gap in coverage. A WCF applicant for a tower-based WCF must demonstrate that a significant gap in wireless coverage or capacity exists in the applicable area and that the type of WCF being proposed is the least intrusive means by which to fill that gap in wireless coverage.

Additional antennas. As a condition of approval for all tower-based WCF, the WCF applicant shall provide the Borough with a written commitment that it will allow other service providers to collocate antennas on 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 antennas without obtaining the prior written approval of the Borough.

Height. Tower-based WCFs shall be designed and kept at the minimum functional height. The maximum height of any tower-based WCF shall be 150 feet; however, such height may be increased to no more than 200 feet, provided the required setbacks from adjoining property lines (not lease lines) are increased by one foot for each one foot of height in excess of 150 feet. No WCF applicant shall have the right under these regulations to erect a tower to the maximum height specified in this section unless it proves the necessity for such height. The WCF applicant shall demonstrate that the antenna/tower/pole for the tower-based WCF is the minimum height necessary for the service area.

Accessory equipment. Either one single-story wireless communications equipment building not exceeding 500 square feet in area or its equivalent may be located on the site for each unrelated company sharing space on the tower-based WCF.

Historic buildings. No tower-based 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.

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.

Insurance. Each person that owns or operates a tower-based WCF greater than 40 feet in height shall provide the Borough 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.

Inspection. In each even-numbered year and within 60 days of a change in ownership, at the applicant's, owner's or other appropriate person's expense, the tower-based WCF shall be inspected by an expert who is regularly involved in the maintenance, inspection and/or erection of wireless support structures. At a minimum, the inspection shall be conducted in accordance with the Tower Inspection Checklist provided in the Electronics Industries Association (EIA) Standard 222 "Structural Standards for Steel Antenna Towers and Antenna Support Structures." A copy of said inspection report shall be provided to the Borough along with the applicable fee as required by the Borough fee schedule. The Borough and/or its third-party inspection company reserves the right to inspect any tower-based WCF to ensure compliance with the Zoning Ordinance and any other provisions found within the Borough Code or state or federal law. The Borough and/or its third-party inspection company shall have the authority to enter the property upon which a WCF is located at any time, upon reasonable notice to the operator, to ensure such compliance.

Financial security. Prior to receipt of a zoning permit for the construction or placement of a tower-based WCF, the WCF applicant shall provide to the Borough financial security in amount sufficient to cover the installation, construction, and maintenance of the tower-based WCF during the projected lifetime thereof. The amount required shall be determined at the sole discretion of the Borough based upon the unique characteristics of the tower-based WCF. Said financial security shall remain in place until the tower-based WCF is removed.

Full site plan. A full site plan must be filed with the Borough, which shall include written authorization from the owner and occupant (if other than owner) of the proposed tower-based WCF site if applicable. The site plan shall be drawn to scale of not smaller than 100 feet to one inch and show the following:

Location requirements.

Application procedures.

Location and development standards.

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

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 calendar days of notification by the Borough.

Design standards. All small WCFs in the Borough shall comply with the requirements of the Borough Small Wireless Communications Facility Design Manual, which shall be adopted, and may be amended from time to time, by resolution of the Borough Council. A copy of such shall be kept on file at the Borough Department of Planning and Zoning.

Obsolete equipment. As part of the construction, modification or replacement of a small WCF, the WCF applicant shall remove any obsolete or abandoned equipment from the wireless support structure.

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:

Time limit for completion of construction. The proposed collocation, the modification or replacement of a wireless support structure or the installation of a new wireless support structure with small WCF attached for which a permit is granted under this section shall be completed within one year of the permit issuance date unless the Borough and the WCF applicant agree in writing to extend the period.

Duration of permit. A permit for a small WCF shall have a term of five years. Such permit shall be renewed for two additional five-year periods if the WCF applicant is in compliance with the criteria set forth in this act or applicable codes consistent with this § 550-87 and the WCF applicant has obtained all necessary consent from the utility pole owner. The WCF applicant shall submit proof of such compliance with all requirements of this § 550-87 prior to the expiration of any five-year term.

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.

Insurance. Each person that owns or operates a small 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 small WCF.

Additionally, outdoor play areas shall be located at least 10 feet from any abutting property in the residential zoning districts or existing residential use in the mixed-use zoning district, provided with a fence of at least four feet in height, and screened in accordance with Article VII of this chapter relating to buffer and screening regulations. Outdoor play areas shall be limited to use between 8:00 a.m. and 8:00 p.m.

In no event shall the drive-through facility be permitted in the front yard between the principal building and the public street right-of-way, excluding minor access streets.

To the maximum extent feasible, the drive-through facility shall be located on a building wall facing away from an abutting property in the residential zoning districts or existing residential use in the mixed-use zoning districts.

Located to the side or rear (behind) of the principal residential dwelling.

Provided with screening of not less than ninety-percent opacity in accordance with Article VII of this chapter relating to buffer and screening regulations.

Any outdoor cafe permit issued shall be limited to a revocable license for the use of a deck, patio, porch, or other open area, as specified herein. A permit may be revoked by the Borough Manager or his or her designee for a violation of any provision of this article.

Any outdoor cafe permittee who has had a permit revoked under Subsection G(2)(a) above shall have the right to appeal said revocation to Borough Council. The permittee shall have the burden of proving that said revocation was improper.

Revocation of the outdoor cafe permit may be in addition to penalties imposed by a violation of any other provisions set forth in Article XII relating to administration and enforcement.

Food preparation. No food preparation shall take place outside the building or within the outdoor cafe/dining area.

Permitted months and hours of operation. Operation of outdoor cafes/dining shall be permitted during the months of April through October, inclusive. The maximum hours of operation shall be from 8:00 a.m. until 11:00 p.m.

Projection onto the sidewalk. Outdoor cafes/dining may extend onto or encroach upon public sidewalks, so long as the encroachment ends not less than six feet from the edge of the curb. At all times there shall be not less than six feet of unobstructed sidewalk allowing for unfettered passage by pedestrians, wheelchairs, and handicap scooters. All portions of outdoor cafes/dining extending onto or encroaching upon public sidewalks shall be surrounded by a physical barrier designed to direct the flow of pedestrian traffic around the outdoor cafe/dining when in use. The partition shall be no less than 30 inches and no more than 42 inches high, and no advertisements may be placed on the partition. The partition shall be removed outside of permitted months of operation.

Size restrictions. The total square footage of the outdoor cafe/dining area shall not exceed 30% of the total square footage of the interior restaurant floor space dedicated to customer seating.

Prohibited activities.

Outdoor lighting. Lighting for outdoor cafes/dining shall be shaded sufficiently to ensure that the lighting does not directly illuminate upon adjacent properties in accordance with Article VII of this chapter relating to performance standards for all uses.

Vending machines. Vending machines may not be placed within any outdoor cafe/dining extending into or encroaching upon a public sidewalk.

Exterior trash containers.

Decking and platforms. Decking or platforms may not be placed upon any public sidewalk or used within any outdoor cafe/dining extending onto or encroaching upon a public sidewalk.

Tents and enclosures. Tents and similar enclosures are not permitted for use within or upon any outdoor cafe extending onto or encroaching upon a public sidewalk.

Furnishings. Permitted furnishings in outdoor cafes/dining shall be limited to tables, chairs, umbrellas, benches, outdoor heaters, and a reservation podium. All furnishings must be removed from the outdoor cafe/dining and stored in an enclosed facility during the months of November through March, inclusive.

Advertisements. All advertisements and promotional features, other than permitted signs in accordance with Article VIII of this chapter relating to sign regulations, shall be limited to umbrellas and canopies.

Compliance with all other ordinances.

Within the VMU Zoning District, outside display and sales of goods, material, and merchandise shall be limited to front porches.

Within the other zoning districts where outside display and sales of goods, material, and merchandise is permitted, the use may be located within the front yard and front setback.

Traveling within a public right-of-way, including sidewalks and streets.

Entering or leaving the lot or adjacent lots (including access drives and driveways).

Shall be not located within any required clear sight triangle as required herein Article IX of this chapter relating to driveways and access drives.

An EVCS shall be considered an accessory use by right for single-family dwellings defined in this section.

Only level 1 or level 2 chargers may be installed at single-family properties as permitted uses.

A DCFC may not be installed in dwellings identified by this section.

Location of EVCS: The location shall be identified on the building permit, if required. Curbside locations are not permitted.

An EVCS shall be considered an accessory use by right for single-family dwellings defined in this section.

Only level 1 or level 2 chargers may be installed at single-family properties as permitted uses.

A DCFC may not be installed in dwellings identified by this section.

Location of EVCS: In situations such as described in this section, the EVCS shall be permanently attached to a curbside post installed in compliance with the NEC so that charging may occur in the ROW. In the case of the latter, the owner may not request the Borough designate that a street location be identified as being exclusively for EVs that are being actively charged, nor may an individual assign priority rights to such a location.

EVCS shall be considered a by-right accessory use for multi-family residential developments, provided the EVCS is located on private property.

Only level 1 or level 2 chargers may be installed in this situation.

A DCFC may be installed as a conditional use solely for the residents of the property. It may not be offered for use to the public either with or without compensation.

Each EVCS shall be oriented in such a way as to not impede pedestrian or vehicle traffic on site or in the ROW.

Each EVCS at a multi-family residential development is intended for the use of the residents and their guests. Off-site advertising for the EVCS to the public is prohibited.

Each parking space served by an EVCS shall count toward minimum parking requirements. This does not preclude a developer from adding additional parking spaces to offset the EVCS spaces.

Each parking space served by an EVCS shall count toward minimum parking requirements.

Density:

All requirements outlined in general standards for all installations of EVCS or EVSE must be met.

This section refers to all liquid fueling stations regardless of the zone in which they are found.

EVCS may be placed in locations where there exists fueling locations for liquid fuels under the following conditions:

Owners of commercial properties or owners of properties along the ROW which have as their primary use a commercial enterprise may request in writing, using the standard building permit, permission from the Borough to install an EVCS at the owner's expense. It is noted that in these cases, regardless of zoning, a level 1, 2 EVCS or DCFC is permitted to be installed.

Said installation must meet all code requirements and meet all requirements of this section as listed in Subsection B, General standards, above.

The installation is to be placed at the curb/edge of the sidewalk and must have a parking space adjacent to it for access. Vehicles being charged must be parked in that adjacent parking space.

The installing business owner shall be responsible for maintaining the station in good repair and working order.

For the purpose of this paragraph the Borough reserves the right to limit the installation of EVCS to no more than one location every 150 feet along the curb in each direction.