Procedures.

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

Timing of approval. All applications for tower-based WCFs shall be acted upon within 150 days of the receipt of a fully completed application for the approval of such tower-based WCF, including an application fee in the amount as provided in § 360-49, Schedule of fees, charges and expenses. If the Borough receives an application for a tower-based WCF and such application is not fully completed, then the Borough shall promptly notify the applicant that the application is not complete and the time for the approval of such application shall not commence until a fully completed application is received by the Borough.

Notice. No later than 30 days following the submission of an application for a tower-based WCF and the scheduling of the public hearing (if required), the WCF applicant shall mail notice to all owners of every property within a 500-foot radius of the proposed wireless communications facility. The applicant shall provide proof of mailing of the notification to the Borough within 15 days of completion. If a public hearing is required, notice of any hearing before the Borough Council shall be published in a newspaper circulating within the Borough at least 10 days prior to the date of said hearing; any notices that may be required by the Borough Council shall be mailed at least 10 days before such hearing. The preparation and cost of publication and mailing of any notice required for such hearing shall be at the cost and expense of the WCF applicant.

Collocation.

Standard of care. Any tower-based WCF shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including, but not limited to, the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, National Electrical Code, as well as the accepted and responsible workmanlike industry practices of the Communications Infrastructure Contractors Association (formerly, National Association of Tower Erectors). Any tower-based WCF shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Borough.

Wind and ice. All tower-based WCF structures shall be designed to withstand the effects of wind and ice according to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSI/EIA/TIA-222, as amended). All tower-based WCF structures shall also be designed and constructed to withstand the wind load for the place of installation in accordance with the Pennsylvania Uniform Construction Code, but not less than a wind load of 100 miles per hour.

Height. Any tower-based WCF shall be designed at the minimum functional height. All tower-based WCF applicants must submit documentation to the Borough justifying the total height of the structure. In no case shall a WCF exceed a maximum height of 150 feet.

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

Maintenance. The following maintenance requirements shall apply:

Radio frequency emissions. No tower-based WCF may, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards and regulations of the FCC, including but not limited to, the FCC Office of Engineering Technology Bulletin 65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended. The owner or operator of such tower-based WCF shall submit proof of compliance with any applicable radio frequency emissions standards to the Borough Secretary on an annual basis. A tower-based WCF generating radio frequency emissions in excess of the standards and regulations of the FCC shall be considered an emergency. The Borough reserves the authority to revoke the permit of any tower-based WCF generating radio frequency emissions in excess of the standards and regulations of the FCC.

Historic buildings and districts. No tower-based WCF may be located in, or within 300 feet of, any historic or preservation district, property, building or structure that is listed on either the National or Pennsylvania State Registers of Historic Places, or eligible to be so listed, or is included in the official historic structures list maintained by the Borough.

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. No other signage or display is permitted.

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

Emergency power supplies. Any tower-based WCF shall be constructed with both primary and secondary sources of electric power. The secondary source of electric power shall be an electric generator, located on-site and equipped with sufficient fuel reserves to supply continuous electric power to operate the tower-based WCF and its antennas for a period of 10 days. The secondary source of electric power shall not be used, except in emergency situations involving the loss of the primary power source. The WCF operator may activate the electric generator to test the secondary power source or to perform routine maintenance on the electric generator, provided that the WCF operator delivers written notice to the Borough Manager at least five business days prior to such electric generator testing or electric generator maintenance.

Noise. Tower-based WCFs shall be operated and maintained so as not to produce noise in excess of applicable noise standards under state law, this chapter and the Borough Code, except in emergency situations requiring the use of an electrical generator, where such noise standards may be exceeded on a temporary basis only.

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

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

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

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

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

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

Eligible facilities request.

Design regulations:

Surrounding environs:

Fence/screen:

Accessory equipment:

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

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

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

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

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

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

Procedures.

Development regulations. Nontower WCFs shall be collocated on existing structures, such as existing buildings or wireless support structures, subject to the following conditions:

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

Eligible facilities request.

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

Siting hierarchy. All nontower WCFs shall be placed in the most favorable zoning district unless the WCF applicant can demonstrate that placement in such zoning district is not technically feasible. In order of preference from most preferable to least preferable, nontower WCFs shall be located in the following zoning districts:

Historic buildings and districts. No nontower WCF may be located on, or within 300 feet of, any property, building, or structure that is listed on either the National or Pennsylvania State Registers of Historic Places, or eligible to be so listed, or is included in the official historic structures list maintained by the Borough. Any application proposing a nontower WCF to be constructed in the Borough Historic District shall comply with the Historic District design requirements of this section and all generally applicable Historic District requirements as established by this chapter and the Borough Code.

Prohibited in open space and conserved lands. Nontower WCFs shall not be located within an open space or conserved land.

Timing of approval. All applications for nontower WCFs shall be acted upon by the Borough within 90 days of the receipt of a fully completed application for the approval of such WCF, including an application fee in the amount as provided in § 360-49, Schedule of fees, charges and expenses. If the Borough receives an application for a nontower WCF and such application is not fully completed, then the Borough shall promptly notify the applicant that the application is not complete and the time for the approval of such application shall not commence until a fully completed application is received by the Borough.

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

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

Design regulations.

Standard of care. Any nontower WCF shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including but not limited to the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, and National Electrical Code. Any WCF shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Borough.

Wind and ice. All nontower WCF structures shall be designed to withstand the effects of wind and ice according to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSI/EIA/TIA-222, as amended). All nontower WCF structures shall also be designed and constructed to withstand the wind load for the place of installation in accordance with the Pennsylvania Uniform Construction Code, but not less than a wind load of 100 miles per hour.

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

Radio frequency emissions. No nontower WCF may, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards and regulations of the FCC, including but not limited to, the FCC Office of Engineering Technology Bulletin 65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended. The owner or operator of such nontower WCF shall submit proof of compliance with any applicable radio frequency emissions standards to the Borough Secretary on an annual basis. A nontower WCF generating radio frequency emissions in excess of the standards and regulations of the FCC shall be considered an emergency. The Borough reserves the authority to revoke the permit of any nontower WCF generating radio frequency emissions in excess of the standards and regulations of the FCC.

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

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

Maintenance. The following maintenance requirements shall apply:

Upgrade, replacement, modification.

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 WCFs or portions of WCFs shall be removed as follows:

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

Public rights-of-way. No nontower WCF shall be located, in whole or in part, within the public rights-of-way.

Signs. All nontower 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. No other signage or display is permitted.

Lighting. Nontower WCFs shall not be artificially lighted, except as required by law. If lighting is required, the applicant shall provide a detailed plan for sufficient lighting, demonstrating as unobtrusive and inoffensive an effect as is permissible under state and federal regulations.

Emergency power supplies. Where practicable, nontower WCFs shall be constructed with both primary and secondary sources of electric power. If included, the secondary source of electric power shall be an electric generator, located on-site and equipped with sufficient fuel reserves to supply continuous electric power to operate the nontower WCF and its antennas for a period of 10 days. The secondary source of electric power shall not be used, except in emergency situations involving the loss of the primary power source. The WCF operator may activate the electric generator to test the secondary power source or to perform routine maintenance on the electric generator, provided that the WCF operator deliver written notice to the Borough Manager at least five business days prior to such electric generator testing or electric generator maintenance.

Noise. Nontower WCFs shall be operated and maintained so as not to produce noise in excess of applicable noise standards under state law, this chapter and the Borough Code, except in emergency situations requiring the use of an electrical generator, where such noise standards may be exceeded on a temporary basis only.

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

Development regulations.

Any applicant proposing a small WCF shall submit an application to the Borough Zoning Office for site plan review by the Borough Zoning Officer.

The applicant shall prove that it is licensed by the FCC to operate a small WCF and that the proposed small WCF complies with all applicable standards established by the FCC governing human exposure to electromagnetic radiation.

Within 10 calendar days of the date that an application for a small WCF is filed with the Borough Zoning Officer, the Borough shall notify the WCF applicant in writing if an application is incomplete and shall advise the WCF applicant of any information that may be required to complete such application.

Within 60 days of receipt of a completed application for collocation of a small WCF on a preexisting wireless support structure, the Borough Zoning Officer shall make a final decision on whether to approve or deny the application and shall notify the WCF applicant in writing of such decision.

Within 90 days of receipt of a completed application for a small WCF requiring the installation of a new wireless support structure, the Borough Zoning Officer shall make a final decision on whether to approve the application and shall notify the WCF applicant in writing of such decision.

Small WCF applicants proposing a modification to an existing small WCF that does not substantially change the dimensions of the underlying structure shall be required only to obtain a building permit from the Borough.

In order to be considered for such permit, the small WCF applicant must submit a building permit application to the Borough in accordance with § 360-36, Permits.

The timing of approval for small WCF applicants proposing a modification to an existing small WCF that does not substantially change the dimensions of the underlying structure shall be as follows:

Siting hierarchy. All small WCFs shall be placed in the most favorable zoning district unless the WCF applicant can demonstrate that placement in such zoning district is not technically feasible. In order of preference from most preferable to least preferable, small WCFs shall be located in the following zoning districts:

Street hierarchy. All small WCFs shall be constructed in the most favorable street location unless the WCF applicant can demonstrate that placement in such street location is not technically feasible. In order of preference from most preferable to least preferable, small WCFs shall be located in the street locations within each specified zoning district:

Location hierarchy. All small WCFs shall be constructed in the most favorable location unless the WCF applicant can demonstrate that placement in such location is not technically feasible. In order of preference from most preferable to least preferable, small WCFs shall be located:

The construction, repair, maintenance or installation of any Borough or other public improvement in the right-of-way;

The operations of the Borough or other governmental entity in the right-of-way;

Vacation of a street or road or the release of a utility easement; or

An emergency as determined by the Borough.

All applicants proposing the construction of a WCF within the Borough Historic District shall be required to submit a copy of construction drawings detailing the dimensions and design of the proposed WCF to the Borough Historical Architectural Review Board (HARB) in order to allow the HARB to provide input on the design of the proposed WCF.

All WCFs within the Borough Historic District shall comply with the applicable requirements for construction and design within the Borough Historic District.

WCFs and accessory equipment shall be treated to match the color and texture of the underlying wireless support structure to the maximum extent technically feasible.

No ground-mounted accessory equipment shall be permitted in the Borough Historic District.

Any signage associated with a WCF in the Borough Historic District shall be directed away from the windows of adjacent properties and direct lines of sight.

All WCFs in the Borough Historic District shall utilize camouflaging in order to limit the aesthetic impact of the WCF to the maximum extent technically feasible. As part of an application for a WCF in the Borough Historic District, the applicant shall provide proposals for camouflaging of the WCF for Borough review and approval. If the proposed WCF does not utilize camouflaging, the applicant shall include documentation detailing the camouflaging efforts explored in the design of the WCF and a detailing description of why the utilization of such camouflaging is technically infeasible for the proposed WCF.

Requirement of insurance. Each person that owns, operates, or removes a tower-based, nontower, or small WCF shall purchase and maintain, at its sole expense, certain insurance coverages of specified minimum rating, as listed herein, and shall provide documentation to the Borough Secretary, upon request, and as provided herein.

No payment or reimbursement. Each person that owns, operates, or removes a tower-based, nontower, or small WCF shall be solely responsible for bearing the costs of furnishing and maintaining all required insurance coverages of specified minimum rating, as listed herein. The Borough shall not provide direct payment or reimbursement to persons for the costs of maintaining the required insurance coverages. The Borough shall not provide direct payment or reimbursement to persons for the costs of furnishing the required insurance coverages.

Specified minimum insurance ratings, registration, and additional endorsement. All insurance carriers listed in the certificate(s) of insurance for the required insurance coverages shall have, at minimum, a credit rating of "Rated A VII or Better" from the AM Best Company and shall be licensed in the Commonwealth of Pennsylvania. Each person that owns, operates, or removes a tower-based, nontower, or small WCF shall name the Borough as an Additional Insured by endorsement on the certificate(s) of insurance.

Furnishment of certificates prior to commencement. Prior to the initial commencement of any construction, operation, or removal, each person that owns, operates, or removes a tower-based, nontower, or small WCF shall furnish certificates of insurance to the Borough Secretary evidencing coverage in compliance with the regulations herein. The failure of the Borough to object to the contents of the certificate(s) of insurance or absence of same shall not be deemed a waiver of any legal rights held by the Borough.

Revocation of permit. The failure of any person to construct, operate, or remove a WCF without complying with the insurance coverage and administrative requirements herein shall constitute an emergency. Upon such emergency, the Borough reserves the authority to revoke the permit of any WCF for failure to comply with the insurance coverage and administrative requirements herein.

Minimum insurance requirements. Each person that owns or operates a tower-based, nontower, or small WCF shall maintain the following minimum insurance coverages:

Increasing the minimum insurance requirements. The minimum insurance requirements specified herein may be increased upon the review and determination of the Borough Council.

Notice prior to cancellation or expiration of insurance. The certificate(s) of insurance shall provide that 30 days written notice prior to cancellation or expiration be given to the Borough Secretary via U.S. Postal Mail. Insurance policies that lapse and/or expire during term of work shall be recertified and received by the Borough Secretary no less than 30 days prior to expiration or cancellation of the respective policy.

Requirement to indemnify and hold harmless. Each person that owns or operates a tower-based, nontower or small WCF shall, at its sole cost and expense, indemnify, defend and hold harmless the Borough, its elected and appointed officials, employees and agents, at all times against any and all claims for personal injury, including death, and property damage arising in whole or in part from, caused by or connected with any act or omission of the person, its officers, agents, employees or contractors arising out of, but not limited to, the construction, installation, operation, maintenance or removal of each of its WCFs.

Requirement to defend. Each person that owns or operates a tower-based, nontower, or small WCF shall defend any actions or proceedings against the Borough in which it is claimed that personal injury, including death, or property damage was caused by the construction, installation, operation, maintenance or removal of each of its WCFs. 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.

Indemnification and hold harmless agreement requirement. Prior to the initial commencement of any construction, operation, or removal, each person that owns, operates, or removes a tower-based, nontower, or small WCF shall furnish an "indemnification and hold harmless agreement" to the Borough Secretary.

Where a sign has more than one face, all faces that can be viewed simultaneously from any single vantage point will be considered in determining the sign area.

When identifying letters, symbols, designs, or characters attached to or painted on a building, wall, or window without an identifiable border or background, the area of such signs will be calculated or computed based upon the smallest geometric shape that encompasses all of the letters, symbols, designs, or characters.

When measuring the sign area of any freestanding sign, such measurement will include all frames or structures to which the sign is attached, with the exception of a supporting pole or poles.

Maximum gross area is determined by business or service frontage, one square foot of sign area being allowed for each linear foot of business or service frontage, except in the Highway Commercial (HC) District. In the Highway Commercial (HC) District, two square feet of signage for each linear foot of business or service frontage will be allowed. See the accompanying tables in this section for each district to determine the maximum area allowed for each type of allowed sign.

Where a business or service fronts on more than one street, the gross sign area for the business or service will be determined by the smallest frontage for that specific business or service.

Signs that obstruct free and clear vision at any intersection.

Signs that by reason of size, position, shape, or color may interfere with or obstruct the view of or be confused with any authorized traffic sign, signal, or device.

Only one internally lit sign per business or service is allowed in the Downtown Commercial District upon recommendation by the Historical Architectural Review Board and approval by Borough Council. Such a sign may only be illuminated during business or service hours.

Internally lit signs are allowed in the Highway Commercial (HC) District. Also see § 360-29D(5)(e) of this chapter.

Individual design elements of signs in the Downtown Commercial District, such as lettering, may be internally illuminated if approved by Borough Council upon recommendation by the Historical Architectural Review Board.

Internally illuminated signs and design elements of such signs must diffuse, shield, or enclose the internal lighting in such a way that individual bulbs or lighting elements are indistinguishable to the viewer at a distance of three feet.

Such sign may be attached to a post not more than six feet in height and at least three feet from any right-of-way line.

Such sign will not exceed two square feet in area.

Such sign may be in addition to such other signs as are allowed by the provisions of this section and will be in addition to the maximum allowable sign area as established herein.

Signs, window decorations, or storefront decorations denoting or celebrating a holiday or holiday sales are allowed and are exempt from the limit on number of signs allowed, provided that they are not displayed prior to the generally understood holiday shopping season for the holiday in question and are removed within two calendar weeks after the end of that season.

Other restrictions on size, illumination, and placement of signs and decorations remain applicable to holiday signs.

Signs placed freestanding on a sidewalk may only be placed on the sidewalk in front of or beside the building in which the pertinent business or service is located. Such signs are only allowed in the Downtown Commercial District; such signs may be placed no further than one foot from the building. In no case may such signs, in the determination of the Code Enforcement Officer, impede pedestrian traffic, impede access to parking, or violate ADA regulations.

Sidewalk signs may only be displayed during the business or service hours of operation.

Each face of a sidewalk or freestanding sign may be no more than seven square feet in area, and the sign may be no more than two feet wide and three-and-one-half feet high when opened.

Sidewalk signs will not be illuminated.

Such signs may be painted on or attached flat against the surface of the marquee, but may not extend or project beyond the marquee or be attached to the underside thereof.

Letters or symbols on such signs will not exceed 16 inches in height.

The bottom of such signs will have a minimum clearance of nine feet above the sidewalk.

No sign(s) will project beyond four feet from the building or structure to which it (they) are attached.

All projecting signs will allow a minimum nine-foot clearance from finish grade.

All signs overhanging any public right-of-way (including sidewalks) will be covered by a liability insurance policy with a company authorized to conduct business in the Commonwealth of Pennsylvania.

Over-the-street banners must have the prior approval of PennDOT and Borough Council.

Signs, window decorations, or storefront decorations denoting or celebrating a special event pertaining to a business or service (e.g., anniversaries, grand openings, sales) will be allowed for a period of time not to exceed one calendar month.

For all residential densities, there shall be one space per dwelling unit.

Buildings and parcels containing more than one use shall provide parking spaces equal to the sum of the spaces required by all the uses of that parcel or in that building, unless the applicant documents that spaces may be shared due to different operational hours. In that case, the number of spaces required shall be determined by the use requiring the highest number of spaces.

Designated parking for physically handicapped persons. A portion of the total number of required off-street parking spaces in each public off-street parking area shall be specifically designated, located and reserved for use by persons with physical disabilities. Parking spaces reserved for persons with disabilities shall be counted toward fulfilling off-street parking requirements. The minimum number of handicapped spaces to be provided shall be determined from the table in § 360-26B(2).

Privately owned parking areas shall be located on the same lot as the principal use to which they are accessory, except as permitted in § 360-26C.

Off-street parking shall be permitted only in the area behind the principal structure, except in the Residential Suburban (RS) and Highway Commercial (HC) Districts, where this restriction does not apply, and in the Residential Town Districts (RT1, RT2, and RT3) where curb cuts for parking to the side of the principal structure exist at the time of the enactment of this chapter.

In all districts the setback for parking areas with 10 or more spaces shall be a minimum of five feet from property lines, eight feet from alleys and 15 feet from public streets.

Angle spaces shall be a minimum of nine feet by 18 feet.

Parallel spaces shall be a minimum of nine feet by 18 feet and perpendicular spaces shall be a minimum of nine feet by 18 feet.

All off-street parking facilities shall have accesses that extend between well-defined points. No off-street parking facility shall occupy the full width of the lot along any street from which it derives its access. Accesses shall be designed to insure safety for adjoining or nearby uses and pedestrian traffic.

For any parking lot with five or more spaces, the width of its access(es) at the point of intersection with a public right-of-way shall not be less than 10 feet for one-way traffic or 20 feet for two-way traffic, but in no case shall the width be more than 22 feet.

For accesses, including driveways, comprising fewer than five parking spaces, the width at the point of intersection with a public right-of-way shall not be less than 10 feet or greater than 22 feet.

The Borough Council, after consultation with a professional engineer, may require accesses to have widths that exceed those stated in § 360-26D(4)(b) and 360-26D(4)(c), where unusual traffic, grade or site conditions exist. In addition, the Borough Council may require accesses to be constructed with full curb returns and handicapped ramps, rather than curb depressions.

All accesses shall be at least 50 feet from any street intersection.

The visibility from an access shall not be blocked between a height of 36 inches and eight feet above the grades of the intersecting streets for a depth of 10 feet from the face of the curb. This visibility zone shall extend for at least 80 feet in each direction along any public right-of-way.

For all nonresidential uses and for all parking lots with five or more spaces, each off-street parking space shall have its own access onto an aisle or driveway.

In parking lots with five or more spaces that permit two-way traffic, paved accesses shall have directional arrows and a traffic separation stripe the length of the access.

For additional regulations concerning driveways, see Chapter 158 of the Borough's Code of Ordinances.

All parking spaces reserved for persons with disabilities shall comply with the most current revision of the Uniform Construction Code (UCC) or this section, whichever is more restrictive. Such spaces shall comply with parking space dimension standards of this section, in addition to which there shall be provided boarding areas abutting such spaces in the following dimensions:

Required spaces for persons with disabilities shall be located in close proximity to building entrances and shall be designed to permit occupants of vehicles to reach the building entrance on an unobstructed path and, where feasible, without crossing traffic lanes.

Required spaces for persons with disabilities shall have signs and pavement markings identifying them as reserved for persons with disabilities. Signs shall be posted directly in front of the parking spaces at a height of no less than 42 inches and no more than 72 inches above pavement level.

Where there are five or more parking spaces, the spaces shall be identified by surface markings, which shall be arranged to provide for the orderly and safe loading, unloading and parking, as well as free circulation of vehicles.

All markings for parking, including striping, directional arrows, lettering on signs and in handicapped-designated areas and field color, are required to be maintained so as to be highly visible.

All parking facilities containing five or more spaces shall be required to provide bumper blocks, not exceeding six inches in height, for all spaces if concrete curbing is not utilized.

All parking facilities containing five for more spaces shall be lighted in compliance with the provisions of § 360-29 of this chapter.

All stormwater management facilities, including but not limited to basins, ponds, swales and drainage piping, shall comply with the Borough's Stormwater Management chapter[2] and the applicable watershed stormwater management plan.

No parking facility shall be designed so that parked vehicles overhang any sidewalks.

The plan shall describe proposed measures for ensuring safe and efficient traffic circulation on-site and in the area surrounding the subject site.

The plan shall also include information about the number of enrollees or users; the hours of operation and peak loading and unloading times; the projected number of vehicles that will be using the loading and unloading area; plans for directing traffic within the area and other safety measures; and other information deemed necessary by the Zoning Officer.

Stacking spaces must be a minimum of eight feet by 20 feet in size.

Stacking spaces may not impede on- or off-site traffic movements or movements into or out of off-street parking spaces.

Stacking spaces must be separated from other internal driveways by raised medians if deemed necessary by the Borough for traffic movement and safety.

Loading docks shall be provided for all uses specified in Table 360-26G for uses that require the loading of any truck requiring a CDL, unless proof is provided that the specific use does not require a loading dock.

No repair work or servicing of vehicles, except for emergency repairs, shall be conducted in a loading space.

If more than one use is located on a parcel or lot, the number of loading spaces provided shall be equal to the sum of the requirements prescribed in Table 360-26G for each use.

In no case shall the required off-street loading space be considered as part of the area provided to satisfy off-street parking requirements.

In no case where a building is being erected, converted or enlarged for commercial, manufacturing or business purposes shall a public right-of-way be used for loading or unloading materials.

All off-street loading spaces shall be located on the same parcel or lot as the use they are intended to serve.

Loading spaces shall not be located within any front, side or rear setbacks; however, rear or side setbacks may be used for maneuvering.

Each loading space shall not be less than 45 feet in length and 12 feet in width and shall have an overhead clearance of not less than 14 feet, except that for mortuaries, cemeteries, columbariums, and crematories a loading berth used exclusively for hearses shall not be less than 24 feet in length and 10 feet in width and shall have an overhead clearance of not less than eight feet.

Each loading space shall have unobstructed access from a street, alley or service drive.

Sufficient room for turning and maneuvering vehicles shall be provided on the side of the loading space, except that not more than one loading space per site may be located in a manner that would necessitate backing a vehicle across a property line abutting a street. Alleys may be used for maneuvering.

If loading spaces are illuminated, they shall comply with the provisions of § 360-29 of this chapter.

All loading spaces shall be screened in accordance with the provisions of § 360-30 of this chapter.

Loading spaces and their accesses shall be paved in a manner acceptable to the Borough and shall be graded and drained so as to comply with all applicable stormwater management regulations.

Well lit if accessible after dark;

Located to ensure visibility by building users; and

Accessible without climbing more than three steps or going up or down a slope in excess of 12% and via a route on the property that is designed to minimize conflicts with motor vehicles and pedestrians.

Separated from motor vehicles by some form of physical barrier (such as bollards, concrete or rubber curbing or pads, reflective wands, a wall, or a combination thereof) designed to adequately protect the safety of bicyclists and bicycles.

Bike lockers;

Indoor rooms or areas specifically designated for bicycle parking (including designated areas of an indoor parking facility); and

Bike racks covered from the elements.

As a condition of a permit for the closure of a street for a special event in which the daily number of participants is projected to be 1,000 or more, designated pop-up bicycle parking shall be provided by the event sponsor (or its designee) for at least 1% of expected daily participants beginning 1/2 hour before and ending 1/2 hour after the time of the event each day of the event.

All designated bicycle parking shall be located within 200 feet of at least one regular entrance or access point to the event.

Such installations shall include, but not be limited to, the following:

Cutoff luminaires shall not be installed or subsequently placed in a canted or tilted position that permits candlepower distribution above the horizontal plane of the luminaire.

When commercial, industrial or governmental uses are operational during these hours, but only while the business is being conducted.

Security lighting as approved by the Zoning Officer.

When safety or security lighting is needed for closed businesses during these hours, as approved by the Zoning Officer. During these hours the lighting intensity levels shall not exceed 25% of the levels normally permitted by this section.

Motion-activated lighting.

When supervised activities are taking place in parks, playgrounds or recreation areas.

Luminaires mounted beneath canopies shall be recessed so that the lens cover is recessed or flush with the bottom surface (ceiling) of the canopy and/or shielded by the fixture or the edge of the canopy so that light is cut-off at less than 90 degrees.

Luminaires shall not be mounted on the top or sides (fascias) of the canopy and the sides (fascias) of the canopy shall not be illuminated.

The average illuminance in the area directly below the canopy shall not exceed 20 initial footcandles and the maximum shall not exceed 30 initial footcandles.

Pole-mounted luminaires shall not exceed seven initial footcandles average illuminance and the maximum shall not exceed 10 initial footcandles.

Horizontal lamp mounting and flat glass lens are preferred over vertical lamp mounting. "Sag" or "drop" lenses are prohibited.

In all cases, the light standard and luminaires shall not detract from the visual character of the surrounding district.

Illumination shall not exceed four initial footcandles.

All luminaires shall be shielded and aimed so that the candlepower distribution is directed toward the area being secured or protected. Luminaires shall not be directed toward property lines in such a direction as to cause light trespass;

Security lighting shall not be used to illuminate vertical surfaces that are higher than eight feet above grade;

Security lighting shall not be mounted on poles that are located farther than 10 feet from the perimeter of the designated secured area;

Security lighting used to illuminate a perimeter such as a fence line shall have motion sensors.

In nonresidential districts, cutoff luminaires may be mounted on walls or under roof overhangs to illuminate building facades, provided that their direct light is confined to the surface of the building. In residential districts, only the facades of public buildings of historic or symbolic significance, such as schools or churches, may be so illuminated, with the same restrictions applying. In both cases the maximum illuminance level at the fixture shall not exceed 4,000 lumens.

In nonresidential districts, spotlights, floodlights or other noncutoff luminaires may be used to illuminate building facades, provided the lamps are shielded and aimed toward the functional area being illuminated on the facade. The maximum illuminance level, at the fixture, shall not exceed 4,000 lumens.

Spotlights, floodlights or other noncutoff luminaires may be used to illuminate landscaping in all districts, provided the lamps are shielded and aimed toward the landscape area intended to be illuminated. The maximum illuminance level of the fixture shall not exceed 4,000 lumens. The maximum permitted illuminance at the property line must comply with the standards set forth in Table 360-29A.

Noncutoff luminaires using globes or period-style fixtures may be installed on walls or otherwise situated to illuminate only first level facades, provided that the maximum illuminance level at the fixture does not exceed 2,000 lumens in nonresidential districts, or 750 lumens in residential districts, and the mounting height does not exceed 10 feet above grade.

Neon lighting used to decorate or highlight a building shall be permitted only in the HC district under the following requirements:

Noncutoff luminaires may be used, provided such luminaires are equipped with glare shields, visors, barn doors or other shielding. To the extent possible, the illumination shall be restricted to the playing field, stage or other surface upon which an event actually occurs.

Only cutoff luminaires shall be used to illuminate areas beyond the playing field, stage or other surface upon which an event actually occurs.

The primary light source for all activities shall be turned off within 60 minutes of the end of the event, but under no circumstances shall be on past midnight (12:00 a.m.).

Required plant material shall be maintained for the life of the project to achieve the required visual effect of the buffer or screen. It shall be the ultimate responsibility of successive property owners to insure that the required plantings are properly maintained. Dead or diseased plant material shall be removed or treated by the property owner and replaced as necessary at the next growing season.

Any plant material that could endanger safety, such as unstable limbs, shall be removed and the plant material replaced if necessary. It shall be the responsibility of the property owner to maintain all plantings and architectural elements to ensure a safe environment.

Required plant material shall be maintained to achieve the intended visual effect of the buffering or screening, so long as the identified use requires said screening or buffering.

For every 10 parking spaces, the applicant shall provide not less than 200 square feet of interior landscaped parking lot areas containing at least one deciduous tree with a minimum caliper of two inches and two shrubs.

If interior landscaping requirements cause a shortfall in the number of parking spots required for the use, as specified in Table 360-26B, each 200 square feet of area designated for landscaping may be counted as one parking space.

To assure that landscaped areas are properly dispersed, and to break up large expanses of parking pavement, no individual landscape area shall be larger than 500 square feet.

Curbs or wheel stops shall be provided to prohibit bumpers and bodies of parked vehicles from overhanging an interior landscape area by more than 2 1/2 feet.

To retain visibility, trees shall have a clear trunk of at least five feet above the ground. Shrubs and other landscape material shall not exceed three feet in height.