Manor City Zoning Code
PART 7
EXPRESS STANDARDS FOR CERTAIN CONDITIONAL, SPECIAL EXCEPTION AND PERMITTED USES
§ 27-701 Uses Required to Conform.
[Added by Ord. No. 605-25-02, 4/9/2025]
In addition to the requirements prescribed in this chapter, the following uses listed in this Part shall be required to conform with the requirements set forth hereafter regardless of whether they are authorized and constructed as a permitted use, special exception use or conditional use in any zoning district.
1.
Adult Oriented Businesses (Sexually Oriented Businesses).
A. ADULT ARCADE ADULT BOOKSTORE or ADULT VIDEO STORE ADULT CABARET(a) (b) (c) ADULT ENTERTAINMENT(a) (b) (c) ADULT MOTEL(a) (b) ADULT MOTION PICTURE THEATER ADULT THEATER CHILD ORIENTED BUSINESS EMPLOYEE ESCORT ESCORT AGENCY ESTABLISHMENT or ESTABLISH(a) (b) (c) (d) KNOWING or KNOWINGLY MUNICIPALITY NUDE MODEL STUDIO(a) (b) (c) NUDITY or STATE OF NUDITY PERMITTEE PERSON SEMI-NUDE SEXUAL ENCOUNTER CENTER SEXUALLY ORIENTED BUSINESS (ADULT ORIENTED BUSINESS) SPECIFIED ANATOMICAL AREAS SPECIFIED SEXUAL ACTIVITIES SUBSTANTIAL ENLARGEMENT OF A SEXUALLY ORIENTED BUSINESS SWINGER'S CLUB TRANSFER OF OWNERSHIP OR CONTROL OF A SEXUALLY ORIENTED BUSINESS(a) (b) (c) VIEWING BOOTHS(a) (b) (c)
Definitions. As used in this Part, the following terms shall have the meanings indicated:
Any place to which the public is permitted or invited wherein coin-operated or slug-operated, or electronically, electrically or mechanically controlled stiff- or motion-picture machines, projectors or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.
A commercial establishment which, as one of its principal business purposes, offers for sale or rental, for any form of consideration, any one or more of the following: books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, videocassettes or video reproductions, slides or other visual representations which depict or describe specified sexual activities or specified anatomical areas; or instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities. A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing specified sexual activities or specified anatomical areas and still be categorized as an "adult bookstore" or "adult video store." Such other business purposes will not serve to exempt such commercial establishments from being categorized as an "adult bookstore" or "adult video store" so long as one of its principal business purposes is the offering for sale or rental for consideration the specified materials which depict or describe specified sexual activities or specified anatomical areas.
A nightclub, bar, restaurant or similar commercial establishment which regularly features:
Persons who appear in the state of nudity;
Live performances which are characterized by the exposure of specified anatomical areas or by specialized sexual activities; or
Films, motion pictures, videocassettes, slides, digital imaging, photographic reproductions or any and all visual media using the most recent technology which are characterized by the depiction of specified sexual activities or specified anatomical areas.
An exhibition of any adult oriented motion pictures which are distinguished and characterized by an emphasis of matter depicting, describing or relating to specified sexual activities or sexual anatomical areas;
A live performance, display or dance of any type which has a significant or substantial portion of the performance, or any actual or simulated performance of specified sexual activities or exhibition, in viewing of specified anatomical areas or persons in a state of nudity or semi-nudity; or
Films, motion pictures, videocassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
A hotel, motel or similar commercial establishment which:
Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, videocassettes, slides, digital imagining, photographic reproductions or any visual media using current technology which are characterized by the depiction or description of specified sexual activities or specified anatomical areas; and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions; or
Offers sleeping rooms for rent four or more times in one calendar day during five or more calendar days in any continuous 30-day period.
A commercial establishment where, for any form of consideration, films, motion pictures, videocassettes, slides or similar photographic reproductions are regularly shown, which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
A theater, concert hall, auditorium or similar commercial establishment which regularly features persons who appear in a state of nudity or semi-nudity, or live performances which are characterized by the exposure of specified anatomical areas or specified sexual activities.
A commercial establishment which, as one of its principal business purposes, serves and/or sells children and their family's food, apparel, goods, services, play and/or entertainment.
A person who performs any service on the premises of a sexually oriented business on a full-time, part-time or contract basis, whether or not the person is denominated an employee, independent contractor, agent, lessee, lessee of a dance floor or space or otherwise, and whether or not said person is paid a salary, wage or compensation by the operator of said business. "Employee" does not include a person exclusively on the premises for repair or maintenance of the premises or equipment located thereon or for the delivery of goods to the premises.
A person who, for consideration, agrees or offers to act as a companion, guide or date for another person, or who agrees or offers to privately model lingerie, or to privately perform a striptease for another person.
A person or business association who furnishes, offers to furnish or advertises to furnish, escorts as one of its primary business purposes for a fee, tip or other consideration.
Includes any of the following:
The opening or commencement of any sexually oriented business as a new business.
The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business.
The addition of any sexually oriented business or sexually oriented use to any other existing sexually oriented business or use.
The relocation of any sexually oriented business.
Having a general knowledge of, or reason to know, or a belief or ground for belief which warrants further inspection or inquiry of both: (a) the character and content of any material or performance described herein which is reasonably susceptible of examination by a permittee or persons; and (b) the age of a minor; provided, however, that an honest mistake shall constitute an excuse from liability hereunder if the permittee or person made a reasonable, bona fide attempt to ascertain the true age of such minor.
The Borough of Manor, Westmoreland County, Pennsylvania.
Any place where a person who appears in a state of nudity or displays specified anatomical areas is provided to be observed, sketched, drawn, painted, sculpted, photographed or similarly depicted by other persons who pay money or any form of consideration. "Nude model studio" shall not include a proprietary school licensed by the Commonwealth of Pennsylvania as a college, junior college or university supported entirely or in part by public taxation; a private college or university which maintains and operates educational programs in which credits are transferrable to a college, junior college or university supported entirely or in part by taxation; or in a structure under the following conditions:
There is no sign visible from the exterior of the structure and no other such advertising which indicates that a nude or semi-nude person is available for viewing;
Where, in order to participate in a class, a student must enroll at least three days in advance thereof; and
Where no more than one nude or semi-nude model is on the premises at any one time.
The appearance of a bare human buttock, anus, male genitals, female genitals or female breast.
A person in whose name a permit to operate a sexually oriented business has been issued, as well as the individual or individuals listed as the applicants on any permit application.
An individual, proprietorship, partnership, corporation, association or other legal entity.
A state of dress in which clothing covers no more than the genitals, pubic region and areola of the female breast, as well as portions of the body covered by supporting straps or devices.
A business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration:
An adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio, swinger's club or sexual encounter center.
The male genitals in a state of sexual arousal and/or the vulva or more intimate parts of the female genitals.
Includes any of the following:
The increase in floor area occupied by the business by more than 25%, as the floor area exists on the date of enactment of this Part.
A social club, organization or meeting place where nonresident male and female persons, and/or persons of the same sex, engage in nude or semi-nude activities on the premises.
Includes any of the following:
The sale, lease or sublease of the business.
The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange or similar means.
The establishment of a trust, gift or other similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of law, upon the death of the person possessing the ownership or control.
Booths, stalls, partitioned portions or a room, rooms or other enclosures which are available for viewing:
Films, movies, videos or visual reproductions of any kind depicting or describing specified sexual activities or specified anatomical areas; or
Persons who appear in a state of nudity or semi-nudity or who offer performances of presentations characterized by the exposure of specified anatomical areas or by specified sexual activities; and/or
Anatomical areas or specified sexual activities.
C.
Permit Required; Application.
(1)
Any person who operates a sexually oriented business without a valid permit issued by the Borough is guilty of a violation of this chapter.
(2)
An application for a permit to operate a sexually oriented business must be made on a form provided by the Zoning Officer. Plans approved by the Pennsylvania Department of Labor and Industry depicting the floor plan and plot plan configuration of the premises, including a statement of total floor space to be occupied by the business, must accompany the application. The sketch or diagram need not be professionally prepared but must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches.
(3)
The applicant must be qualified according to the provisions of this chapter and the premises must be inspected and found to be in compliance with the law by the Zoning Officer.
(4)
If a person who wishes to operate a sexually oriented business is an individual, he/she must sign the application for a permit as applicant. If a person who wishes to operate a sexually oriented business is other than an individual, each individual who has a 10% or greater interest in the business must sign the application for a permit as applicant. If a corporation is listed as owner of a sexually oriented business or as the entity which wishes to operate such a business, each individual having a direct or indirect interest of 10% or greater in the corporation must sign the application for a permit as applicant.
D.
Issuance of Permit.
(1)
The Zoning Officer shall approve the issuance of a permit to an applicant within 30 days after the receipt of an application unless he/she finds one or more of the following to be true:
(a)
An applicant is under 18 years of age.
(b)
An applicant or an applicant's spouse is overdue in his payment to the municipality of taxes, fees, fines or penalties assessed against him/her or imposed upon him/her in relation to a sexually oriented business.
(c)
An applicant has failed to provide all information required for issuance of the permit or has falsely answered a question or request for information on the application form.
(d)
An applicant is residing with a person who has been denied a permit by the Municipality to operate a sexually oriented business within the preceding 12 months, or residing with a person whose permit to operate a sexually oriented business has been revoked within the preceding 12 months.
(e)
The premises to be used for the sexually oriented business has been reviewed and has been disapproved of by the Zoning Officer as not being in compliance with applicable laws and ordinances.
(f)
The permit fee required by this Part has not been paid.
(g)
An applicant for the proposed establishment is in violation of or is not in compliance with any of the provisions of this Part.
(h)
An individual applicant or any individual holding a direct or indirect interest of more than 10% of a corporate applicant, or any of the officers and directors of a corporate applicant, if the applicant is a corporation; or any of the partners, including limited partners, if the applicant is a partnership; or the manager or other person in charge of the operation of the applicant's business has or have been convicted of an offense involving sexual misconduct within the Commonwealth of Pennsylvania, including, but not limited to, prostitution, obscenity and possession of child pornography, or convicted of any offense in any jurisdiction other than the Commonwealth of Pennsylvania that would have constituted an offense involving sexual misconduct if committed within the Commonwealth of Pennsylvania. In order for approval to be denied pursuant to this subsection, the person or person's conviction or release in connection with the sexual misconduct offense must have occurred within two years of the date of application in the event of a misdemeanor and within five years of the date of application in the event of a felony.
(2)
The permit, if granted, shall state on its facer the name of the person or persons to whom it is granted, the expiration date and the address of the sexually oriented business. The permit shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that it may be easily read at any time.
(3)
The Zoning Officer shall complete his certification that the premises are or are not in compliance within 20 days of receipt of the application by the Zoning Officer.
E.
Fees. The annual fee for a sexually oriented business permit is $500.
F.
Inspection.
(1)
An applicant, or permittee, shall permit an administrative inspection of the premises by the Zoning Officer at any time that the permitted business operation is open for business in order to ensure continued compliance with the law.
(2)
Any person who operates a sexually oriented business or his agent or employee violates the Manor Borough Zoning Ordinance if such person refuses to permit a lawful inspection of the premises as set forth above.
G.
Expiration of Permit.
(1)
Each permit shall expire one year from the date of issuance and may be renewed only by making an application as provided in this chapter. Application for renewal should be made at least 60 days before the expiration date and, when made fewer than 60 days before the expiration date, the pendency of the application will not prevent the expiration of the permit.
(2)
If the Zoning Officer denies renewal of a permit, the applicant shall not be issued a permit for one year from the date of denial, except that after 90 days have elapsed since the date of denial, the applicant may be granted a permit if the Zoning Officer finds that the basis for denial of the renewal permit has been corrected or abated.
H.
Suspension of Permit. The Zoning Officer shall suspend a permit for a period not to exceed 30 days if he/she determines that a permittee or an employee of a permittee has:
I.
Revocation of Permit.
(1)
The Zoning Officer shall revoke a permit if a cause for suspension set forth in this chapter occurs and the permit has been suspended within the preceding 12 months.
(2)
The Zoning Officer shall revoke a permit if he/she determines that:
(a)
A permittee or any of the persons specified in this chapter is or has been convicted of the offenses specified in this chapter.
(b)
A permittee gave false or misleading information in the material submitted to the municipality during the application process.
(c)
A permittee or an employee of a permittee has knowingly allowed possession, use or sale of controlled substances on the premises.
(d)
A permittee or an employee of a permittee has knowingly allowed prostitution on the premises.
(e)
A permittee or an employee of a permittee knowingly operated a sexually oriented business during a period of time when the permittee's permit was suspended.
(f)
A permittee or an employee of a permittee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation or other explicit sexual conduct to occur in or on the permitted premises.
(g)
A permittee is delinquent in payment to the municipality or the Commonwealth of Pennsylvania of any taxes or fees relating to sexually oriented businesses.
(3)
When the Zoning Officer revokes a permit, the revocation shall continue for one year, and the permittee shall not be issued a sexually oriented business permit for one year from the date revocation became effective, except that if the revocation is pursuant to Subsection 1I(2)(a) above, the revocation shall be effective for two years in the event of a misdemeanor or five years in the case of a felony.
(4)
All permit denial, renewal, suspension or revocation decisions shall be sent in writing to the applicant and/or permittee. All such decisions which deny, refuse to renew, suspend or revoke a permit shall state specifically the Ordinance requirement not met and any other basis for the decision. After denial of an application, or denial of a renewal of an application, or after suspension or revocation of any permit, the applicant or permittee may appeal pursuant to procedures set forth in this chapter from a determination of the Zoning Officer. Any such appeal must be filed, in writing, with the Zoning Officer, within 10 days from the date of the mailing of the decision appealed from and shall specify, in detail, the basis for the appeal. Failure or refusal to file said appeal or specify the basis of said appeal with the Zoning Officer shall be deemed a conclusive determination as to the issues or matters addressed by the written decision. If an appeal is timely filed, the Zoning Hearing Board of Manor Borough will then convene and conduct a hearing pursuant to the provisions of the Manor Borough Zoning Ordinance and shall render a written decision within the time frame set forth therein. In the case of a denial or renewal, or in the case of a permit suspension or revocation, the permittee may continue to operate to the same extent as immediately prior to the suspension or revocation until the earlier of:
(5)
Any person aggrieved by a decision of the Zoning Hearing Board of Manor Borough may appeal to a Court of competent jurisdiction pursuant to the provisions of Article X-A of the Pennsylvania Municipalities Planning Code, 53 P.S. § 1001-A et seq. Manor Borough shall, upon filing of such appeal, consent to any request by a permit applicant or permittee to the Court to give expedited review of such appeal. Manor Borough shall certify any record to the Court within 20 days after the appeal is filed. In the case of a denial of a permit renewal, or in the case of a permit suspension or revocation, the permittee may continue to operate to the same extent as immediately prior to the denial, suspension or revocation until the earlier of:
J.
Transfer of Permit. A permittee shall not transfer his/her permit to another person. A permittee shall not operate a sexually oriented business under the authority of a permit at any place other than the address designated in the application.
K.
Location of Sexually Oriented Businesses and Violations.
(1)
A person is guilty of a violation of this chapter if he/she operates, or causes to be operated, a sexually oriented business outside of the district in which a sexually oriented business is permitted as a conditional use. No sexually oriented business shall be located outside a district in which a sexually oriented business is a permitted use. The hours of operation shall be from 8:00 a.m. to 10:00 p.m., Monday through Saturday, and no such operation shall be permitted on a Sunday or legal holiday.
(2)
A person is guilty of a violation of this chapter if he/she operates, or causes to be operated, a sexually oriented business within 1,500 feet of:
(a)
A church, including, without limitation, any property owned or utilized for any purposes of a convent, monastery, religious cemetery, religious retreat or any other property utilized for religious functions or uses.
(b)
A public or private pre-elementary, elementary or secondary school.
(c)
A public library.
(d)
A public or private childcare facility or nursery school.
(e)
A public park adjacent to any residential district.
(f)
A child-oriented business.
(g)
A college and/or public or private university.
(h)
Any property situated in Manor Borough, Westmoreland County, Pennsylvania, which is zoned or used for residential purposes.
(3)
A person is guilty of a violation of this chapter if he/she causes or permits the operation, establishment, substantial enlargement or transfer of ownership or control of a sexually oriented business within 1,500 feet of another sexually oriented business.
(4)
A person is guilty of a violation of this chapter if he/she causes or permits the operation, establishment or maintenance of more than one sexually oriented business in the same building, structure or portion thereof and undertakes a substantial enlargement of a sexually oriented business as the same is defined herein.
(5)
For the purpose of this section, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where a sexually oriented business is conducted to the nearest property line of any use or premises identified in Subsection 1K(2) hereof.
(6)
For purposes of Subsection 1K(3) above, the distance between any two sexually oriented businesses shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which each business is located.
(7)
Any sexually oriented business lawfully operating on the date of enactment of this Part that is in violation of Subsection 1K(1) through (6) hereof, shall be deemed a nonconforming use. In the event that two or more sexually oriented businesses are located within 1,500 feet of one another and otherwise in a permissible location, the sexually oriented business which was the conforming use and the later-established business shall be considered a nonconforming use. In the event that any preexisting nonconforming sexually oriented business shall be abandoned or not utilized as a sexually oriented business for a period of at least 12 months, said business shall lose its preexisting nonconforming status and must thereafter comply with all provisions of this Part to reopen.
(8)
A sexually oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the grant or renewal of the sexually oriented business permit, of any premises or use identified in Subsection 1K(2) hereof within 1,500 feet of the sexually oriented business. This provision applies only to the renewal of a valid permit and does not apply when an application for a permit is submitted after a permit has expired or has been revoked.
L.
Injunction. A person who operates, or causes to be operated, a sexually oriented business without a valid permit or in violation of this Part is subject to an action in equity or a suit for injunction as well as citations for violations of this chapter.
2.
Agricultural Conversions. The conversion and/or use of existing buildings or structures which are accessory to the agricultural use of property for the events and/or commercial uses limited to:
A.
Weddings;
B.
Wedding receptions;
C.
Private receptions and parties; and
D.
Retail sales of produce, meat, poultry, vegetables, flowers, jams, jellies or other products grown or otherwise produced on the property, provided they comply with all of the following requirements:
(1)
The uses associated with agricultural conversions shall not be conducted on less than 10 acres of land.
(2)
The uses associated with agricultural conversion must be conducted by the owner of the property, their lessees or agents.
(3)
The uses associated with agricultural conversions must be conducted within a permanent, enclosed building or structure, except that additional activities' accessory and ancillary to the use of the conversion may be conducted in a tent or other temporary facility so long as:
(a)
No "portable" restroom facilities are used and permanent restroom facilities sufficient to accommodate the proposed uses are provided and available in a permanent, enclosed building or structure on the property; and
(b)
The tent or other facility is taken down and removed within 24 hours following the conclusion of the event or activity for which it was used.
(4)
The applicant must dedicate an area of not less than 80,000 square feet of the property for use as part of the agricultural conversion. Such 80,000 square feet shall include areas used for off-street parking and sanitary sewage facilities.
(5)
All off-street parking or other areas dedicated to the agricultural conversion must be set back so they are not closer than 100 feet to any existing lot line.
(6)
Any activity associated with the agricultural conversion of the property shall be conducted only between the hours of 10:00 a.m. and 11:00 p.m.
(7)
A 50-foot acoustically and visually insulating buffer area must be installed along any perimeter of the area designated for the agricultural conversion which abuts a residentially occupied structure. Such buffer may be installed within the 100-foot setback referenced above.
(8)
The applicant must obtain land development plan approval from the Council of Manor Borough and comply with the terms and provisions of the Borough's Subdivision and Land Development Ordinance,[1] including, but not limited to, obtaining the approval of the area designated for the use of the agricultural conversion and the area used for off-street parking, on-site vehicular circulation patterns, lighting plans and both event and daily traffic control plans.
(9)
The applicant must comply with all existing laws of the Commonwealth of Pennsylvania regulating the use, event and/or the event or operations associated with the agricultural conversion, including, but not limited to, the Pennsylvania Uniform Construction Code and the Pennsylvania Liquor Code.[2] The applicant shall provide and retain proof of certification of occupancy from the appropriate regulatory agencies and all other applicable building, safety and fire codes of the federal, state, and local government at all times such use is in effect.
(10)
If weddings or other reception-type uses are being conducted as part of an agricultural conversion, such conversion shall be designed or constructed with sewage facilities to accommodate a capacity of more than 100 people at an event. However, in the event sewage facilities already existing on the property can accommodate a capacity in excess of 100 people, then the applicant may conduct activities associated with the agricultural conversion on the site having an occupancy capacity equal to the capacity for which the existing sewage facilities are designed, or a maximum of 200 people, whichever is less.
(11)
No building or structure associated with an agricultural conversion shall be permitted to be used as a bed-and-breakfast, or to provide any other form of overnight residential occupancy for rent, lease or otherwise, unless the owner, lessee or agent of the owner, or a member of the owner's immediate family, occupies the structure in which such accommodations are provided as their principal residence. For purposes of this section, the term "immediate family" shall mean the owner's spouse, parents or children.
3.
Apartments. The provisions contained herein apply to the development of all multifamily residential developments, whether allowed as a permitted, special exception or conditional use.
A.
General Requirements.
(1)
The use must comply with those area and bulk regulations for multifamily dwellings for the zoning district in which it is located.
(2)
Habitable space shall not be less than 640 square feet per dwelling unit.
(3)
Apartment buildings shall be limited to a maximum of 32 units per building.
(4)
All buildings shall be oriented to face the street and meet the minimum front yard setbacks for the district.
(5)
The use of alleys or rear access drives is required for apartment dwellings. In no instance shall off-street parking areas be the focal point for design. Off-street parking areas shall be located to the side or rear of buildings.
B.
Open Space and Recreation Area Requirements for Apartments on Lots Over Five Acres in Size.
Intent. To create areas of common open space that are easily accessed by residents which provide focal points for community recreation and interaction, to preserve identified environmental features and add to the quality of life for residents. Common open space should be purposefully integrated into the overall design of a multifamily development to enhance the environmental and recreational effect of the apartment units and not merely be residual areas left over after buildings and parking lots are located.
(1)
A minimum of 25% of the total tract areas shall be required to be preserved as open space on the site. The required open space shall not include any primary conservation areas identified on site, including wetlands, 100-year floodplains and steep slopes of 25% or greater.
(2)
A minimum of 10% of the tract or 400 square feet per dwelling unit, whichever is greater, shall be set aside as common usable open space in the form of a park for the enjoyment of the residents of the development. The usable open space shall be centrally located and accessible to all residents, be constructed on generally flat land and located on otherwise easily buildable land (net buildable land).
(3)
Acceptable forms of usable open spaces include improvements for a courtyard or plaza, with benches, shade trees, pedestrian connections, recreational ponds, an open grass area, and may also incorporate a play area for children depending on the anticipated resident group.
(4)
The usable open space area may be calculated as part of the minimum 25% required open space to be preserved on the site.
(5)
The following areas shall not be allowed as part of the calculation of common open space.
(a)
Private yards, lots, decks and/or patios dedicated for use by a specific unit.
(b)
Public right-of-way, private streets or drives and off-street parking areas.
(c)
Land covered by a structure, except those allowed as part of the usable open space, such as gazebos, picnic shelters, tennis courts or swimming pools.
(d)
Required perimeter setbacks.
(e)
Retention and detention ponds used for stormwater management.
(6)
Pedestrian access to common open space shall occur within 500 feet of every building unit within the development.
C.
Building Design Standards.
(1)
The establishment of building design standards for apartments located within Manor Borough is intended to benefit the community as a whole by attempting to achieve the following goals:
(a)
To preserve, protect and promote public health, safety and welfare.
(b)
To protect the Borough from unregulated construction of inferior and unsuitable buildings that are more prone to damage caused by fire and high winds, tornados and hurricanes that can result in physical injury to residents of those buildings.
(c)
To minimize the spreading of a hazard within multifamily structures by utilizing superior materials and design.
(d)
To preserve, enhance and balance the environmental, social, cultural and aesthetic values desirable in a rural-suburban community while promoting the development of a variety of high-quality housing choices consistent with the objectives of the adopted Comprehensive Plan.
(e)
To provide protection from negative impacts of highly concentrated developments in order to protect property values of adjoining and predominant lower density residential properties.
(f)
To promote development that is compatible with surrounding sites and preserves the sense of community.
(g)
To plan for harmonious neighborhoods through higher standards of design results in increasing property values within these neighborhoods and require buildings that are less prone to deterioration.
(h)
To increase the overall economic tax base of the Borough by attracting quality development.
(2)
In addition to the above-stated purposes, these building design standards are intended to create and add to the visual interest of Manor Borough's streets; to ensure quality and consistency in building, architectural character and style; to ensure compatibility with adjacent developments as applicable; to avoid featureless building massing; to provide building design details to reduce the visual scale of large multifamily buildings; to achieve manner of design through the use of similar materials; to ensure use of building materials that are durable and attractive; and to ensure accessory structures are compatible in design with the primary buildings they serve.
(3)
All building plans for apartments in all zoning districts shall be prepared and sealed by an architect and shall meet all provisions of this section.
D.
Building Length/Height/Massing/Form.
(1)
Intent. These standards are intended to achieve the following purposes:
(a)
To provide a distinctive, quality, consistent, architectural character and style in new multifamily development that avoids monotonous and featureless building massing and design.
(b)
To ensure building design and architectural compatibility within a multifamily development.
(c)
As applicable, to ensure that new building design respects the context of adjacent residential neighborhoods, including the height, scale, mass, form and character of surrounding development.
(2)
Building Length. The maximum length of a multifamily residential building shall be 200 feet.
(3)
Building and Mass Form.
(a)
Apartment building design should incorporate visually heavier and more massive elements at the building base and lighter elements above the base. A second story, for example, should not appear heavier or demonstrate greater mass than that portion of the building supporting it.
(b)
The following common building materials are listed in order from heaviest to lightest: stone, brick, wood and stucco.
(c)
In instances where the same building material is used in differing colors, darker hues will be considered heavier than lighter hues.
(d)
All buildings shall be designed to provide complex massing configurations with a variety of different wall planes and roof planes. Plain, monolithic structures with long, monotonous, unbroken wall and roof surfaces of 50 feet or more are prohibited. At least every 50 linear feet, wall and roof planes shall contain offsets or setbacks with a differential in horizontal plane of at least four feet. (See Figure 1.)
Figure 1 — Examples of Varied Roof Planes and Wall Surfaces  |
4.
Assisted Living or Personal Care Facilities.
5.
Automobile/Vehicle Sales. Automobile sales shall be subject to the following standards:
A.
Minimum required lot size: five acres.
B.
Automobile sales uses shall provide a building having a minimum gross floor area of 10,000 square feet for display, sales and service activities.
C.
All exterior sales areas shall be graded and surfaced with asphalt, concrete or other material that will provide equivalent protection against potholes, erosion and dust.
D.
All displayed vehicles shall be located at least 10 feet from any side or rear property line. Displayed vehicles shall not be located within 35 feet of the edge of any travelled roadway or within any grassy area required along a public road.
E.
No automobile sales use shall employ flashing lights, streamers, banners, inflatable or mechanical products or similar devices in any of its displays, signage or any building.
F.
Display vehicles shall not be parked in spaces required for customers, employees or service parking.
G.
Automobile sales uses shall not employ outdoor loudspeaker paging systems.
H.
All repairs and service shall be conducted in an enclosed building.
I.
Verification of compliance with all Pennsylvania Department of Environmental Protection ("DEP") requirements relative to the handling and disposal of oil, battery acid, tires, etc., shall be provided.
J.
External lighting shall be reduced in intensity by 50% at the close of business each day.
6.
Bed-and-Breakfasts and Short-Term Rentals. All bed-and-breakfasts and short-term rentals shall comply with the following requirements:
A.
The bed-and-breakfast must be conducted within a single-family dwelling by an owner of the property who resides on the premises. In A-1 or C-1 Zones, a short-term rental need not be occupied by the owner of the property where the entire property, and all dwelling units therein, are subject to a single common lease for all occupants. No modification to the external appearances of the building (except those required under the Pennsylvania Uniform Construction Code (34 Pa. Code, Chapters 401 through 405), which would alter its residential character shall be permitted.
B.
Accommodations for overnight lodging at a bed-and-breakfast and a short-term rental shall be limited to no more than seven guest rooms. The guest rooms shall be rented to overnight guests on a daily or weekly basis.
C.
Accommodations at a bed-and-breakfast shall include breakfast or brunch prepared on the premises solely for its overnight guests with the charge for same being included in the cost of the room. Accommodations for short-term rentals may, but are not required to, provide breakfast or brunch prepared on the premises solely for its overnight guests with the charge for the same being included in the cost of the room.
D.
Outdoor areas such as decks, verandas, porches, lakes and other accessory structures may be used in conjunction with the bed-and-breakfast and short-term rentals, provided the use of same is limited to overnight guests during the course of their stay.
E.
No cooking facilities shall be provided in individual guests' rooms.
F.
Bed-and-breakfasts and short-term rentals must generally conform to the bulk and area regulations of the zoning district in which they are located and comply with the minimum area requirements set forth hereafter.
G.
Bed-and-breakfasts and short-term rentals shall comply with the rules and regulations of the Pennsylvania Uniform Construction Code and shall provide and retain proof of certification of occupancy from the Department and all other applicable building, safety and fire codes of the federal, state, and local government at all times such use is in effect.
H.
The property on which the bed-and-breakfast or short-term rental is located must have an area of not less than 120,000 square feet.
I.
Each bed-and-breakfast and short-term rental shall provide a minimum of one off-street parking space for each guest/rental room and two off-street parking spaces for the owners of the property.
J.
Other than the property owner, their agents, workmen and employees, no person other than those leasing space for occupancy in a bed-and-breakfast or short-term rental shall be permitted on the premises of same.
K.
In addition to any approval required under this chapter or any other applicable Ordinance, all bed-and-breakfasts and short-term rentals must obtain land development plan approval from the Council of Manor Borough and comply with the terms and provisions of the Manor Borough Subdivision and Land Development Ordinance and any third-party federal, state or local agencies having jurisdiction over same.
7.
Billboards and/or Outdoor Advertising Signs. Billboards and/or outdoor advertising signs or devices shall comply with those standards and conditions as set forth hereinafter in Part 9 of this chapter regulating "Signs."
8.
Boarding House. All boarding houses shall comply with the following requirements:
A.
The ground surface of off-street parking and loading spaces shall be paved with bituminous, brick, concrete or stone block paving material to protect the surrounding neighborhood from inappropriate dust and other disturbances.
B.
The service of meals shall be limited to residents only.
C.
Under no circumstances shall a boarding house have more than 10 residents, unless approved by Council as part of its decision.
D.
The owner and/or manager of the boarding house shall reside therein.
E.
Lighting shall be oriented away from adjacent properties and shall not exceed 0.1 footcandle of illumination when measured from an adjacent lot line. As part of its decision, Council may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.
F.
The use shall have frontage on and direct vehicular access to an arterial or collector street.
G.
Vehicular and pedestrian access to the proposed development shall be designed and provided to maximize pedestrian and vehicle safety.
H.
The vehicular and pedestrian circulation systems shall be designed to minimize conflicts between vehicular and pedestrian circulation.
I.
The primary visitor drop-off and pick-up area shall be located in a manner that minimizes detrimental traffic impact (both pedestrian and vehicular) on the surrounding neighborhood.
J.
A traffic input study shall be required.
K.
To ensure public safety and health, the site shall be served by and connected to a public sewer system and public water system at the cost of the landowner and/or developer.
L.
The owner and operator of the facility shall be responsible for the conduct and safety of the employees, tenants, customers, visitors and guests, and shall be available to respond to inquiries and promptly resolve any issues caused by the employees, tenants, customers, visitors and guests.
9.
Cemeteries. Cemeteries shall have:
A.
A required minimum site area of 10 acres.
B.
A drainage plan shall be submitted with the application for the use showing existing and proposed runoff characteristics. Such a plan shall be subject to review and approval by the Borough Engineer.
C.
A groundwater study prepared by a hydrologist or registered engineer qualified to perform such studies shall be submitted with the application. Such a plan shall be subject to review and approval by the Borough Engineer.
D.
An enclosed maintenance building must be constructed for the storage of all maintenance equipment and/or supplies. All maintenance equipment shall be properly stored in the enclosed building when not in use.
E.
Burial sites which are required to comply with the setbacks required for principal structures in the Zoning District and burial structures shall not be located within 100 feet of any property line adjoining a residential use or Residential Zoning District.
10.
Childcare Centers. Childcare centers shall be at least 1,000 feet apart from each other, shall not be located on lots of less than the minimum area required for the zoning district and shall provide outdoor recreational facilities suitable to the age groups being served. Childcare centers shall not be located within 1,000 feet of any adult oriented business or liquor licensed establishment.
11.
Church/Place of Worship. Churches or places of worship shall have:
A.
All buildings shall be set back at least 100 feet from the lot lines of residentially zoned properties and from the right-of-way of local streets.
B.
A church/place of worship shall have direct access to an arterial or collector street. The point of vehicular access shall be located in a manner that minimizes detrimental traffic impacts (both pedestrian and vehicular) on the surrounding neighborhood.
C.
A church/place of worship in a residential zoning district must provide a buffer yard in accordance with said residential district.
D.
The location of buildings and structures shall be designed to minimize impact on adjacent residential properties.
E.
Lighting shall be oriented away from adjacent properties and shall not exceed 0.1 footcandle of illumination when measured from an adjacent lot line. Lighting levels visible from an adjacent lot line of a residential use or residential zoning district shall be reduced to at least half of the maximum permitted footcandles between 11:00 p.m. and 6:00 a.m., prevailing time. As part of its decision, Council may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.
F.
Vehicular and pedestrian access to the proposed development shall be designed and provided to maximize pedestrian and vehicle safety.
G.
The vehicular and pedestrian circulation systems shall be designed to minimize conflicts between vehicular and pedestrian circulation.
H.
A traffic impact study is required.
I.
To ensure public health and safety, the site shall be served by and connected to a public sewer system and public water system at the cost of the landowner and/or developer.
12.
Commercial Storage (Warehousing).
A.
No hazardous substances may be stored on the property.
B.
All exterior storage areas shall be fenced with visually intrusive materials to obstruct the view of the exterior area, and the materials or equipment being stored thereupon, from adjoining properties.
C.
Where the facility adjoins a property in residential use, in addition to the fence reference above, a buffer area of natural plantings shall be maintained on the outside of the fence along the adjoining residential property's boundary line.
D.
All lighting shall be directed to the interior of the premises to prevent glare onto adjoining properties.
E.
The exterior of the property exposed to vehicular traffic, including equipment and/or machinery stored or used as part of the commercial storage operation, shall have a dust-free surface.
13.
Communications Antennas.
A.
Building-mounted communications antennas shall not be located on any single-family dwelling or two-family dwelling.
B.
Building-mounted communications antennas shall be permitted to exceed the maximum height limitations of the zoning district in which they are located by no more than 20 feet.
C.
Omnidirectional or whip communications antennas shall not exceed 20 feet in height and seven inches in diameter.
D.
Directional or panel communications antennas shall not exceed five feet in height and three feet in width.
E.
Any applicant proposing communications antennas to be mounted on a building or other structure shall submit evidence from a Pennsylvania registered professional engineer certifying that the proposed installation will not exceed the structural capacity of the building or other structure, considering wind and other loads associated with the antenna location.
F.
Any applicant proposing communications antennas to be mounted on a building or other structure shall submit detailed construction and elevation drawings indicating how the antennas will be mounted on the structure for review by the Borough Engineer.
G.
Any applicant proposing communications antennas to be mounted on a building or other structure shall submit evidence of agreements and/or easements necessary to provide access to the main building or structure on which the antennas are to be mounted so that the installation and maintenance of the antennas and communications equipment can be accomplished.
H.
Communications antennas shall comply with all applicable standards established by the Federal Communications Commission ("FCC") governing human exposure to electromagnetic radiation.
I.
Communications antennas shall not cause radio frequency interference with other communications facilities located in the Borough.
J.
A communications equipment building shall be subject to the height and setback requirements of the applicable zoning district for an accessory structure.
K.
The owner or operator of communications antennas shall be licensed by the Federal Communications Commission to operate such antennas.
14.
Communications Equipment Buildings. A communications equipment building shall be subject to the height and setback requirements of the applicable zoning district for an accessory structure.
15.
Communications Towers.
A.
The applicant must provide proof it is licensed by the Federal Communications Commission to operate a communications tower and, if applicable, communications antennas.
B.
The applicant must demonstrate that the proposed communications tower and any communications antennas proposed to be mounted thereon comply with all applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation.
C.
Any applicant proposing construction of a new communications tower shall demonstrate that a good faith effort has been made to obtain permission to mount the communications antennas on an existing building, structure or communication tower. A "good faith effort" shall require that all owners of potentially suitable structures within a radius of 1/4 mile of the proposed communications tower site be contacted and that one or more of the following reason for not selecting such structure apply:
(1)
The proposed antennas and related equipment would exceed the structural capacity of the existing structure, and its reinforcement cannot be accomplished at a reasonable cost.
(2)
The proposed antennas and related equipment would cause radio frequency interference with other existing equipment for that existing structure, and the interference cannot be prevented at a reasonable cost.
(3)
Such existing structures do not have adequate location, space, access or height to accommodate the proposed equipment or allow it to perform its intended function.
(4)
Addition of the proposed antennas and related equipment would result in electromagnetic radiation from such structures exceeding applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation.
(5)
A commercially reasonable agreement could not be reached with the owners of such structures.
D.
Access shall be provided to the communications tower and communications equipment building by means of a public street or an easement to a public street. The easement shall be a minimum of 20 feet in width and shall be improved to a width of at least 10 feet with a dust-free, all-weather surface for its entire length.
E.
A communications tower may be located on a lot occupied by other principal structures and may occupy a leased parcel within a lot meeting the minimum lot size requirements for the zoning district.
F.
Recording of a plat of subdivision or land development shall not be required for a leased parcel on which a communications tower is proposed to be constructed, provided that the communications equipment building is unmanned.
G.
The applicant shall demonstrate that the proposed height of the communications tower is the minimum height necessary to perform its function.
H.
In the I-1 (Industrial) Zoning District, the maximum height of any communications tower shall be 180 feet.
I.
The foundation and base of any communications tower shall be set back from a property line (not lease line) located in any residential district at least 100 feet and shall be set back from any other property line (not lease line) at least 50 feet.
J.
The base of a communications tower shall be landscaped to screen the foundation and base and communications equipment building from abutting properties.
K.
The communications equipment building shall comply with the required yards and height requirements of the applicable zoning district for an accessory structure.
L.
The applicant shall submit certification from a Pennsylvania registered professional engineer that the proposed communications tower will be designed and constructed in accordance with the current structural standards for steel antenna towers and antenna-supporting structures, published by the Electrical Industrial Association/Telecommunications Industry Association.
M.
The applicant shall submit a copy of its current Federal Communications Commission license, the name, address and emergency telephone number for the operator of the communications tower, and 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 communications tower and communications antennas.
N.
All guy wires associated with guyed communications towers shall be clearly marked so as to be visible at all times and shall be located within a fenced enclosure.
O.
The site of a communications tower shall be secured by a fence with a maximum height of eight feet to limit accessibility to the general public.
P.
No signs or lights shall be mounted on a communications tower, except as may be required by the Federal Communications Commission, Federal Aviation Administration or other governmental agency which has jurisdiction.
Q.
Communications towers shall be constructed and maintained in accordance with the requirements of the Pennsylvania Uniform Construction Code.
R.
If a communications tower remains unused for a period of 12 consecutive months, it shall be considered abandoned, and the owner or operator shall dismantle and remove the communications tower within 90 days of the expiration of such 12-month period. Failure to remove an abandoned antenna or tower within 90 days shall be grounds to remove the antenna or tower at the owner's expense. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower.
S.
One off-street parking space shall be provided within the fenced area.
16.
Daycare Centers.
A.
Proof of a valid license to operate child daycare facilities issued by the Pennsylvania Department of Public Welfare shall be provided to the Borough prior to the issuance of an occupancy permit by the Borough for the use.
B.
All child daycare facilities shall provide a minimum area of indoor play at a ratio of 40 square feet per child.
C.
All child daycare facilities shall provide outdoor play space at a minimum ratio of 65 square feet per child using the outdoor play facility. Long, linear configurations shall be avoided to assure the functionality of the space as a play area. At no point shall the play area be less than 20 feet in width.
(1)
The outdoor play area shall adjoin the building where the child daycare facility is located.
(2)
The outdoor play area shall be no closer than 30 feet to a private/public street right-of-way, or 10 feet to any other property lines.
(3)
The outdoor play space shall be completely enclosed by a safe and adequate fence or wall a minimum of four feet in height unless a greater height is required by Borough Council or the Zoning Hearing Board. Any outdoor play area potentially susceptible to encountering vehicles leaving the roadway, travel lanes or access ways shall be protected by a barrier capable of preventing the vehicle from entering the play area.
(4)
Non-yielding surfaces, such as concrete, asphalt, gravel, etc., are prohibited beneath any piece of permanently installed play equipment. Certain rubber padding may be permissible over hard surfaces when approved by Borough Council. Non-yielding surfaces shall not exceed 25% of the required outdoor play space.
D.
Safe vehicular access and off-street areas for the discharge and pick-up of children shall be provided in the following manner:
(1)
Minimum dimensions of discharge and pick-up areas shall measure eight feet by 55 feet.
(2)
Discharge and pick-up areas shall be so located and designed so that the vehicles intended to use them can maneuver safely and conveniently to and from a public right-of-way, any parking space or parking lot aisle.
(3)
No area allocated as a discharge and pick-up area may be used to satisfy the area requirements for off-street parking, nor shall any portion of off-street parking area be used to satisfy the area requirements for discharge and pick-up areas. All off-street discharge and pick-up areas shall be separated from walkways, sidewalks, parking lot aisles, streets and alleys by curbing or other protective devices as approved by the Borough.
17.
Drive-Through Facilities. All drive-through facilities shall have and comply with the following:
A.
Minimum Stacking Space Requirements.
(1)
All uses which include a drive-up window, or which are characterized by patrons remaining in their vehicles to receive service, shall provide on-site stacking areas to alleviate traffic congestion.
(2)
Stacking areas shall be a minimum of 12 feet in width and 20 feet in length for each vehicle.
(3)
All stacking areas shall be separate from other vehicular and pedestrian circulation aisles and parking spaces. Stacking lanes shall be separated through the use of landscaped islands bounded by concrete curbing.
(4)
The number of stacking spaces required shall be determined in accordance with the following schedule:
(a)
Restaurant, Fast Food. A minimum of seven spaces as measured from the drive-through window.
(b)
Vehicular Washes. A minimum of four spaces measured from, but not including to, the bay.
(c)
Financial Institutions. A minimum of four spaces for each one drive-through window, plus three spaces for each additional drive-through window or automated teller machine.
18.
Entertainment Facility. All entertainment facilities shall have and comply with the following:
A.
The primary visitor drop-off and pick-up area shall be located in a manner that minimizes detrimental traffic impacts (both pedestrian and vehicular) on the surrounding neighborhood and the subject property.
B.
The use shall have one direct point of vehicular access from an arterial or collector street. The point of vehicular access shall be located in a manner that minimizes detrimental traffic impacts (both pedestrian and vehicular) on the surrounding neighborhood.
C.
For parking demands greater than 300 automobiles, additional setbacks, screening and buffering of off-street parking and loading areas may be required to be provided in order to protect the surrounding neighborhood from inappropriate noise, dust, light and other disturbances.
D.
Where the proposed development is an addition or expansion of an existing structure, facility or development within the Borough, any addition or expansion shall complement the existing structure, facility and/or development and fit within a plan for future structures and facilities.
E.
Lighting shall be oriented away from adjacent properties and shall not exceed 0.1 footcandle of illumination when measured from an adjacent lot line. Lighting levels visible from an adjacent lot line of a residential use or residential zoning district shall be reduced to at least half of the maximum permitted footcandles between 11:00 p.m. (or one hour after the last movie/show is completed, whichever is greater) and 6:00 a.m., prevailing time. As part of its decision, Council may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.
F.
Vehicular and pedestrian access to the proposed development shall be designed and provided to maximize pedestrian and vehicular safety.
G.
The vehicular and pedestrian circulation systems shall be designed to minimize the conflicts between vehicular and pedestrian circulation.
H.
The location of buildings and structures shall be designed to minimize impact on adjacent residential properties.
I.
A traffic impact study is required.
J.
To ensure public health and safety, the site shall be served by and connected to a public sewer system and public water system at the cost of the landowner and/or developer.
K.
The owner and operator of the facility shall be responsible for the conduct and safety of the employees, attendees, customers, visitors and guests, and shall be available to respond to inquiries and promptly resolve any issues and quell any disturbances caused by the employees, attendees, customers, visitors and guests.
19.
Essential Services Building and Structures. All essential services buildings and structures shall have any comply with the following:
A.
The building or structure shall comply with the front, side and rear yards requirements, as well as height requirements, in accordance with the regulations of the district in which the building or structure is located.
B.
Unhoused equipment shall be enclosed with a decorative metal or solid wooden fence, excluding chain-link fences, which are six feet in height and further screened by plants and shrubbery.
C.
Housed equipment that is totally enclosed within a building or structure does not require a decorative metal or solid wooden fence; however, the yard shall be maintained in conformity with the district in which the housed equipment is located.
D.
The external design of the building or structure shall be in conformity with the buildings in the district where the structure is located.
E.
In any residential district, the permitted public essential services buildings and structures shall not include the storage of vehicle or equipment used in the maintenance of any utility.
F.
No equipment causing excess noise, vibration, smoke, odor or hazardous effect shall be installed.
20.
Farms and Agricultural Uses.
A.
Ancillary Farming Business. An ancillary farming business is permitted as an accessory to an agricultural use, provided that such ancillary business shall not be located on sites of less than 40 acres, and no operation shall be conducted closer than 200 feet to any adjoining property. No structure shall be erected, modified or used in connection with such ancillary farming business unless it is compatible with a structure customarily accepted as an accessory to the agricultural operation conducted on the site.
B.
Ancillary Dwellings. Ancillary dwellings shall be a permitted accessory use for the sole and exclusive purpose of housing relatives or farm employees, provided that the overall density shall not exceed one family dwelling unit per 10 acres.
C.
Animal and Machinery Requirements.
(1)
Horses, ponies, cattle, goats, sheep and grazing animals shall not be kept, corralled or stabled in areas less than two acres in size. In addition, there shall not be more than one such animal per acre.
(2)
Fowl and pigs shall not be permitted on lots having an area less than two acres.
(3)
No vehicles or farm machinery shall be stores within 20 feet of any public right-of-way.
D.
Accessory Farm Buildings.
(1)
Accessory farm buildings shall not be erected within 100 feet of a neighboring property.
(2)
Intensively used feed lots, runs or pens for more than 50 animals or 500 fowl shall not be located within 200 feet of a neighboring property. Pastures or crop lands shall not be considered as feed lots for purposes of this provision.
(3)
No structure, run or pen intended for use as a shelter for other than common domestic pets shall be permitted as an accessory use within any residential district except where an agricultural use exists, in which case the provisions of this chapter limiting the size and number of dogs serviced by a kennel in residential districts shall apply.
(4)
No stable or other outbuilding in which animals other than common domestic pets are kept, or any structure or other outside area where manure is stored, shall be located within 100 feet of any property line or within 125 feet of any occupied dwelling.
E.
Roadside Stands. Roadside stands for the sale of agricultural projects hall be permitted if:
(1)
They are erected at least 75 feet back from the nearest edge of the roadway service.
(2)
They are used exclusively for the sale of agricultural products grown in the Borough.
(3)
A current peddler's license is clearly displayed on the premises.
(4)
Parking space is provided off the road right-of-way.
(5)
No permanent sign is erected.
(6)
For purposes of this Subsection 20E, wagons, trailers or other similar vehicles used for the transportation and sale of agricultural products shall not be placed in any location that, in the judgment of the Zoning and/or Code Enforcement Officer, provides insufficient access or is inadequate for the conduct of the use.
F.
Agricultural Buildings.
(1)
Agricultural buildings shall not be erected within 100 feet of a neighboring property;
(2)
Intensively used feed lots, runs or pens for more than 50 animals or 500 fowl shall not be located within 200 feet of a neighboring property. Pastures or crop lands shall not be considered as feed lots for purposes of this provision;
(3)
No structure, run or pen intended for use as a shelter for other than common domestic pets shall be permitted as an accessory use within any residential district except where an agricultural use exists, in which case the provisions of this chapter limiting the size and number of dogs serviced by a kennel in residential districts shall apply;
(4)
No stable or other outbuilding in which animals other than common domestic pets are kept, or any structure or outside area where manure is stored, shall be located within 100 feet of any property line or within 125 feet of any occupied dwelling;
(5)
If an agricultural structure is used for the housing of farm animals of any kind, the lot size upon which the agricultural structure is located must comply with the minimum lot size required for the number and type of animals housed;
(6)
When constructed in an R-1 Rural Residential District, agricultural structures shall comply with the following area and bulk requirements:
Lot Size (acres) | Maximum Permitted Structure Size |
|---|---|
Less than 2 | Not permitted as a primary use |
Greater than 2 but less than 5 | 1,400 square feet |
Greater than 5 but less than 10 | 2,000 square feet |
Greater than 10 but less than 50 | 5,000 square feet |
Greater than 50 | 10,000 square feet |
(7)
When constructed in an A-1 Agricultural Zoning District, agricultural structures shall comply with the following area and bulk requirements:
Lot Size (acres) | Maximum Permitted Structure Size |
|---|---|
0 to 5 | 2,000 square feet |
Greater than 5 but less than 10 | 3,000 square feet |
Greater than 10 but less than 50 | 5,000 square feet |
Greater than 50 | 10,000 square feet |
21.
Funeral Homes and Mortuaries. All funeral homes and mortuaries shall have a minimum lot area of not less than 40,000 square feet. The site of any funeral home or mortuary shall have frontage on and direct vehicular access to an arterial or collector street.
22.
Gas Stations. Gas stations shall not have any tank for the storage of flammable or otherwise hazardous material closer than 50 feet to any property line. In the event any statute, rule or regulation of the Commonwealth of Pennsylvania establishes a greater distance or additional requirements for the storage of flammable or hazardous materials, the distance established by such statute, rule or regulation shall apply.
23.
Group Homes. No group home shall be conducted within 500 feet of another group home. In addition, any applicant for a group home must:
A.
Show that the home will be conducted on a lot that meets the minimum lot size and setback requirements for the zoning district in which they are operating;
B.
Provide information sufficient to determine whether the occupants of the home suffer from "a mental or physical impairment which substantially limits one or more of such person's major life activities" under the Fair Housing Act ("FHA");
C.
Provide information regarding the anticipated lengths of stay of each proposed occupant;
D.
Provide copies of all licenses and/or permits required under any federal or state statute, law or other regulation to operate the group home on the property;
E.
Provide the Borough with a history of police calls associated with any other group home facility owned or operated by the applicant for a two-year period preceding the date of the application;
F.
Agree to provide the Borough with information concerning events on the property which result in police or emergency services involvement;
G.
Agree, on an ongoing basis, to provide information sufficient to determine whether any new occupants of the home suffer from "a mental or physical impairment which substantially limits one or more of such person's major life activities under the Fair Housing Act, prior to such new occupant taking up occupancy; and
H.
The group home must:
(1)
Not substantially impair the value of other property in the neighborhood;
(2)
Be capable of operating and being maintained in the character of a residential dwelling in harmony with the character of the general vicinity in which it is to be located;
(3)
Be compatible in its nature and intensity, with the character of the zoning district and neighborhood;
(4)
Not be injurious to the health, safety and welfare of the surrounding community or the public interest;
(5)
At a minimum, the property shall be surrounded and enclosed by a six-foot high fence structurally suitable to prevent direct access to the residence. The residence shall be fenced in. Such a fence shall not have openings, holes or gaps therein larger than four inches in width, except for doors and gates. The walls of the dwelling house or accessory building may be used as part of the fence. The fence shall be constructed of weather-resistant materials and shall be assembled or fabricated with sufficient rigidity to prevent any substantial alteration or deformation of the lawful openings, holes or gaps. The fence shall be anchored using concrete pilings installed below the frost line. All gates or door openings through the enclosure shall be equipped with self-closing and self-latching devices designed to keep, and be capable of keeping, such door or gate securely closed at all times when not in actual use; provided, however, that the door of any dwelling occupied by human beings which forms any part of the enclosure hereinabove required need not be so equipped; and
(6)
Be occupied by not more than four occupants.
24.
Halfway House.
A.
Each halfway house must be licensed, certified and/or sanctioned by the appropriate government agency/agencies it serves and shall be operated in compliance with all applicable rules and regulations of the licensing body/bodies. A copy of any required license, certification and/or evidence of sanctioning must be delivered to the Borough along with the application for a permit hereunder.
B.
A halfway house shall be directly affiliated with a parent institution or organization which shall provide full-time supervision, services and administration for the residents of the house.
C.
A common cooking and eating area must be provided; no cooking or dining facilities shall be provided in individual rooms or suites.
D.
The users of the halfway house must reside on the premises and directly benefit from the services provided. No person residing off the premises shall be permitted to receive services on the premises.
E.
Necessary permits for water supply and sanitary waste disposal must be obtained.
F.
The halfway house shall not be located within 5,000 feet of any of the following uses:
G.
No halfway house shall be located within 3,000 feet of another halfway house.
H.
Each application to conduct a halfway house shall be accompanied by a statement describing the following:
(1)
The character of the halfway house;
(2)
The policies and goals of the halfway house, and the means proposed to accomplish those goals;
(3)
The characteristics of the residents and number of residents to be served;
(4)
The operating methods and procedures to be used; and
(5)
Any other facts relevant to the proposed operation of the hallway house.
I.
Any use permit granted for the hallway house shall be bound and limited to the type and number of offenders listed on the application. Any increase in the number of offenders or change in the nature and/or extent of the programs provided shall be subject to prior approval by the Borough following those procedures set forth herein for the approval of original applications.
25.
Home Occupations.
A. HOME OCCUPATION(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) (16) (17)
Definition. As used in this section, the following term shall have the meanings indicated:
The service-oriented occupations of an architect, engineer, clergyman, lawyer, accountant, artist, musician, writer, teacher giving instruction or tutoring, daycare of not more than six nonresident children, dressmaking or tailor, milliner, seamstress, computer programmer, data processor, locksmith, jeweler, photographer, word processor, secretary; and the kitchen of a home catering or baking business, provided no commercial ovens, stoves, refrigerators or other commercial equipment or other cooking apparatus is installed for conduct of the business. The following are specifically determined not to be occupations included within this definition of "home occupation":
Automotive repair or paint shop.
Physician, dentist, chiropractor or similar healthcare office.
Medical or dental laboratory.
Dance studio, exercise studio or similar use.
Daycare center for the care of more than six nonresident children.
Funeral chapel or funeral home.
Gift shop.
Limousine, hearse, ambulance or taxi service.
Massage parlor.
Nursing home.
Outdoor repair or service.
Rental of any equipment or other items.
Veterinarian facility or commercial raising and care of animals.
Sale or repair of firearms.
Sale or repair of machinery or equipment.
Dog grooming (except in A-1 Agricultural Zones as set forth hereafter).
Any business or occupation which is primarily a retail or wholesale activity.
B.
General Standards. A home occupation conducted by a resident on the property shall be authorized in those zoning districts as set forth in the attached "Use Table,"[3] provided that each of the following conditions are met:
(1)
The home occupation is clearly subordinate to the dwelling, is located on one floor only and does not occupy more than 25% of the floor area on any floor in which it is located; but in no case shall the floor area devoted to the home occupation exceed 260 square feet in measure. The home occupation shall be conducted entirely within the principal residence on the property.
(2)
The home occupation shall not include or require any external alteration of the structure.
(3)
No display or sign, other than a single nameplate firmly affixed to the building with dimensions not exceeding six inches by 24 inches, shall be permitted. No external evidence of any activity, including but not limited to, a motor vehicle which contains a notice of the activity, shall be permitted.
(4)
To the extent that the home occupation is subject to state or other licensure which requires a sign or notification of a size greater than that permitted herein, the minimum-required sign shall be permitted. Documentation on the sign shall be permitted. Documentation on the sign requirements must be specified in the application for special exception relief.
(5)
No facilities, equipment or materials which are dangerous or incompatible with the residential environment on the property shall be used.
(6)
The home occupation shall not involve the storage of supplies, equipment, raw material or residue material outside of the structure in any shed or outbuilding on the property.
(7)
The home occupation shall be operated solely by an individual having his or her primary residence at the property in question and no employees, assistants or partners shall be used at any time in the pursuit of the home occupation.
(8)
The home occupation operation shall not cause or permit vehicles to be parked on any public street or thoroughfare as a direct or indirect result of business activity. Owners of a home occupation must demonstrate that ample off-street parking is available to simultaneously accommodate the parking needs of customers of the home business, visitors to the residence, the occupants of the residence and other local residents. Business traffic to the residence shall be limited to 8:00 a.m. until 8:00 p.m., Monday through Saturday, and Sundays from 10:00 a.m. to 5:00 p.m.
(9)
The home occupation shall not emit smoke, fumes, odors, dust, noise, vibration, glaring light, visual blight or pollution of any kind.
(10)
No retail or wholesale goods shall be sold or stored on the premises as a result of the home occupation activity other than those goods commonly used in the home occupation activity and which are clearly incidental thereto. Persons engaged in home catering and baking businesses shall be permitted to arrange for customer pick-up of pre-ordered items but shall not be permitted to engage in the sale of pre-made items on a wholesale or retail basis on the premises.
(11)
The home occupation shall occur only in an area of the residence clearly defined by architectural features such as walls, partitions, doors, etc., which are permanently affixed to the structure.
(12)
The home occupation shall not commence operations until the Manor Borough Zoning Officer has completed an on-site inspection and issued a certificate of occupancy for the home occupation use.
(13)
No home occupation approved by the Manor Borough Zoning Hearing Board pursuant to the terms of this section shall be changed, altered or increased in size or scope until and unless such changes, alteration or increase in size or scope have been resubmitted for approval to said Board, such reapproval has been granted, and the time set by law for appeal has passed.
(14)
Any licensing requirement specified by federal, state or local agencies as a condition of operation for certain activities must be presented to the Manor Borough Zoning Hearing Board at the hearing on the matter, and proof of full compliance therewith must be presented to the Manor Borough Zoning Officer before an occupancy permit is issued.
(15)
The proposed home occupation will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property, nor be detrimental to the public welfare.
(16)
The provisions of this section shall not regulate, apply to or otherwise impair or impede the operation of a no-impact home-based business as defined in this chapter.
(17)
Any home occupation subsequently determined to be in regular or reoccurring violation of the terms hereof or the terms of any additional reasonable restrictions imposed by the Zoning Hearing Board at the time of approval shall be subject to a revocation of any and all permits issued by Manor Borough under this provision and the termination of the home occupation use.
[3]
Editor's Note: The Use Table is attached to this chapter as Appendix A.
26.
Hookah Bar/Lounge. A substance typically smoked through a water pipe with a smoke chamber, a bowl, a pipe and a hose, commonly referred to as "hookah," and also known as "narghile," "argileh," "shisha," "hubble-bubble," and "goza," or any other similar substance.
A.
Each hookah bar shall be located no closer than 1,200 feet from any other hookah bar/lounge, a sexually oriented business, a church/place of worship, archery or shooting ranges, public park, recreation facility, daycare center, nursery school, public library, a public, parochial or private elementary, elementary or secondary school.
B.
All hookah bar/lounge activities shall take place indoors and no outdoor seating is permitted.
C.
Hours of Operation. Hookah bars shall not be permitted to operate between the hours of 10:00 p.m. to 10:00 a.m.
D.
Alcoholic Beverages. Alcoholic beverages shall not be permitted to be brought onto the premises for on-premises consumption. The sale and service of alcohol shall comply with all Federal, Commonwealth and local laws.
E.
Ventilation. Any establishment that will allow any sort of smoking on site shall provide adequate ventilation. The requirements imposed by the Manor Borough Fire Department may be more comprehensive than current building codes to prevent negative health and nuisance impacts on neighboring properties, including a requirement for a separate system to prevent smoke and vapors from migrating to adjoining suites or buildings. The ventilation shall, at a minimum, prevent smoke and vapor from migrating into adjacent buildings and/or suites and to outdoor public areas. A mechanical exhaust hood system shall be required if an establishment heats coals indoors.
G.
Noise. Any noise shall be subject to the regulations established in the Manor Borough Code.
H.
Visibility and Illumination. No window coverings or signage shall prevent visibility of the interior of the establishment from the outside during operating hours. The interior of the establishment shall have adequate lighting to make the conduct of patrons within the establishment readily discernible to people of normal visual capabilities.
I.
Age Limits. No person under the age of 21 years old is permitted to be on the premises of any hookah bar/lounge. The owner/occupant shall require proof of identification to verify the age of customers and visitors.
27.
Hospital. A hospital shall be a permitted conditional use subject to the following express standards and criteria:
A.
Safe areas for discharging and picking up patients shall be provided.
B.
Parking facilities shall be provided at the ratio of one parking space for each employee and staff member on peak shift and one additional parking space for each bed. Additional parking spaces shall be provided to satisfy Americans with Disabilities Act ("ADA")[5] requirements for medical care facilities.
[5]
Editor's Note: See 42 U.S.C. § 12101 et seq.
C.
Vehicular and pedestrian access to the proposed development shall be designed and provided to maximize pedestrian and vehicle safety. The vehicular and pedestrian circulation systems shall be designed to minimize conflicts between vehicular and pedestrian circulation.
D.
The location of buildings and structures shall be designed to minimize impact on adjacent residential properties.
E.
To ensure public health and safety, the site shall be served by and connected to a public sewer system and public water system at the cost of the landowner and/or developer.
F.
Lighting shall be oriented away from adjacent properties and shall not exceed 0.1 footcandle of illumination when measured from an adjacent lot line. Lighting levels visible from an adjacent lot line of a residential use or residential zoning district shall be reduced to at least half of the maximum permitted footcandles between 11:00 p.m. and 6:00 a.m., prevailing time. As part of its decision, Council may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.
G.
A traffic impact study is required.
28.
Junkyards. In addition to the requirements of this chapter, all junkyards must be operated on property containing at least 50 acres of ground, and all vehicles or junk shall be set back at least: (a) 500 feet from any residential dwelling; and (b) 100 feet from any other building. In addition, any junkyard must comply with any regulations imposed by the Borough's Property Maintenance Code, Uniform Construction Code[6] and any other federal, state, or local law, rule, regulation or ordinance applicable to same.
29.
Kennels. Kennels shall be completely enclosed with a chain-link fence at least six feet high. No dogs shall be housed outside overnight and, except for periods of exercise during daylight hours, be kept within a completely enclosed structure. Kennel buildings and runs shall be at least 100 feet from any property line and the premises shall be maintained in a sanitary manner at all times.
30.
Light Manufacturing.
A.
All manufacturing uses shall be conducted in an enclosed building except for parking, loading or storage. All buildings shall be of fireproof construction to meet the requirements of state and/or national fire codes and any building, plumbing or other codes for Manor Borough and the Commonwealth of Pennsylvania now in effect or thereafter enacted or amended.
B.
The property on which the use is conducted shall not exceed three acres in size.
C.
The site shall be developed with permanent related buildings. No trailer or temporary modular units are permitted.
D.
Service bays shall be designed or oriented so as not to be readily visible from the public right-of-way.
31.
Manufactured Homes Outside of Manufactured Home Parks and Recreational Vehicles.
A.
Individual manufactured homes may be permitted as a single-family residential dwelling if:
(1)
Same are constructed on a permanent masonry foundation comprised of concrete block or poured concrete;
(2)
Disconnected from any chassis, wheels or other device used to transport same;
(3)
Connected to all required utilities; and
(4)
Comply with the area, size, height and other setback regulations for the zoning district in which they are constructed.
B.
All manufactured homes shall meet the specifications for manufactured homes set forth in United States Standards Institute, Standards for Mobile Homes, USA Standard A 119.1-1969, NFPA No. 501 B-1968, and any subsequent modification or amendment of such standards and the Pennsylvania Uniform Construction Code.
C.
No recreational vehicle of any size shall be permitted to be used or occupied as a temporary or permanent resident in any zoning district.
D.
No recreational vehicle shall be stored or maintained along a public road. Parking of a recreational vehicle shall be permitted in accordance with the driveway requirements.
32.
Manufactured Home Parks. All manufactured home parks shall be designed, laid out, permitted, constructed, maintained and meet the requirements of Westmoreland County Mobile Home Park Subdivision Regulations and have approval by the Planning Commission prior to consideration by the Zoning Hearing Board.
33.
Medical Marijuana Dispensary. Each medical marijuana dispensary shall have and comply with the following requirements:
A.
The medical marijuana dispensary shall be legally registered in the Commonwealth and possess a current medical marijuana permit from the Pennsylvania Department of Health.
B.
The medical marijuana dispensary may only dispense medical marijuana in an indoor, enclosed, permanent and secure building, and shall not be located in a trailer, cargo container, mobile or modular unit, mobile home, recreational vehicle or other motor vehicle.
C.
The medical marijuana dispensary may not operate on the same site as the facility used for growing and processing medical marijuana.
D.
The medical marijuana dispensary shall have a single, secure public entrance and shall implement appropriate security measures to deter and prevent the theft of medical marijuana and unauthorized entrance into areas containing medical marijuana.
E.
Permitted daily hours of operations of a medical marijuana dispensary shall be from 8:00 a.m. to 8:00 p.m.
F.
A medical marijuana dispensary shall not have drive-through service.
G.
A medical marijuana dispensary may only dispense medical marijuana to certified patients and medical marijuana caregivers, and shall comply with all lawful, applicable state and local health regulations.
H.
A medical marijuana dispensary shall comply with the separation requirements set forth in the Medical Marijuana Act.[7] The separation distance shall be measured using a pedestrian route continually accessible to the public, measured from lot line to lot line, regardless of the municipality in which it is located.
[7]
Editor's Note: See 35 P.S. § 10231.101 et seq.
I.
Vehicular ingress and egress to and from the medical marijuana dispensary site shall be designated to accommodate the anticipated vehicles used to service the facility.
J.
A traffic impact study is required.
34.
Medical Marijuana Grower/Processor. Each medical marijuana grower/processor shall have and comply with the following requirements:
A.
A medical marijuana grower/processor may only grow medical marijuana in an indoor, enclosed, secured building which includes electronic locking systems, electronic surveillance and other features required by the Pennsylvania Department of Health. The medical marijuana grower/processor facility shall not be located in a trailer, cargo container, mobile or modular unit, mobile home, recreational vehicle or other motor vehicle.
B.
The maximum floor areas of a medical marijuana grower/processor shall be limited to 20,000 square feet, of which sufficient space must be set aside for secure storage of marijuana seeds, related finished products and marijuana-related materials used in production or for the required laboratory testing.
C.
Marijuana remnants and byproducts shall be secured and property disposed of in accordance with the Pennsylvania Department of Health policy and shall not be placed within any unsecured refuse containers.
D.
The medical marijuana grower/processor shall provide only wholesale products to other permitted medical marijuana uses. Retail sales and dispensing of marijuana and related products are prohibited at medical marijuana grower/processor facilities.
E.
Medical marijuana grower/processor may not be located within 1,000 feet of the property line of a public, private or parochial school, or daycare center.
F.
Vehicle ingress and egress to and from a medical marijuana grower/processor shall be designated to accommodate the anticipated vehicles used to service the facility.
G.
A medical marijuana grower/processor must be legally registered with the Commonwealth and possess a current, valid medical marijuana permit from the Pennsylvania Department of Health.
H.
Any odor must be managed by ventilation and exhaust equipment with operable filtration so that any odors are effectively confined to the interior of the building. There shall be no emission of dust, fumes, vapors, odors or waste into the environment that can be seen, smelled or otherwise perceived beyond the facility.
I.
A plan shall be provided demonstrating that all external and internal lighting, including light for nighttime growing, is shielded in such a manner to not allow light to be emitted skyward or onto adjoining properties.
J.
A minimum of a 50-foot buffer planting is required where a medical marijuana grower/processor facility abuts a residential use district.
K.
A medical marijuana grower/processor facility must not be within 3,000 feet from another medical marijuana grower/processor facility.
L.
No pictures, photographs, drawings or other depictions of the marijuana or marijuana paraphernalia shall appear on the outside of any medical marijuana grower/processor facility, or any sign associated therewith.
M.
A medical marijuana grower/processor shall comply with any other lawful and applicable requirements or restrictions imposed by state and/or local laws or regulations.
35.
Mini-Storage Facility. Each mini-storage facility shall have and comply with the following requirements:
A.
Storage. No storage may take place outside of an enclosed storage unit.
B.
Water or Sanitary Sewer Service. No storage unit shall have water or sanitary sewer service connections.
C.
Caretaker Quarters/Management Office. A caretaker may reside on a portion of the site upon which the mini-storage facility is located. The operator of the facility may also maintain an office on the site, provided that the office is used solely and exclusively for the operation of the mini-storage facility. Both the caretaker's residence and management office shall have public water and public sewer service.
D.
Access. Ingress or egress shall be from an arterial or collector street only.
E.
Minimum distance from face of building to face of building: 30 feet minimum.
F.
Minimum distance from end of building to end of building: 20 feet minimum.
G.
If individual storage units are placed back-to-back (i.e., with a common back wall), the maximum width of the building housing such back-to-back units shall not exceed 60 feet.
H.
Access driveway width: 22 feet minimum.
I.
All access driveways shall be paved with an impervious surface and shall have a locking gate at its point of entry with a public road.
J.
A landscaping plan shall be submitted with the site plan showing the site's buffer area in accordance with this chapter.
K.
The perimeter of the property shall be securely fenced with visually intrusive materials to obstruct the view of the storage facility from adjoining properties.
L.
Where the facility adjoins a property in residential use, in addition to the fence referenced above, a buffer area of natural plantings shall be maintained on the outside of the fence along the adjoining residential property's boundary line. All natural plantings shall be approved by Borough Council as part of the Land Development Plan approval process.
M.
Lighting shall be directed inwards and not interfere with the surrounding area or distract traffic.
N.
A fire hydrant must be provided on site with the location to be determined by the Fire Marshal.
O.
Other than those facilities provided for by a caretaker or management office above, all other buildings on the site shall be used for mini-storage only and shall not be combined with any other use.
P.
The personal storage facility shall provide a security system to prevent or discourage criminal activity.
Q.
No hazardous materials shall be stored in any mini-storage facility or on the premises of same.
36.
Mobile Food Vendors.
A.
An applicant shall apply for a zoning permit no less than two weeks prior to the vendor's anticipated date to begin operating in the Borough by filing the proper forms, which are available from the Borough.
B.
Any permit issued under this section is not transferable.
C.
The applicant must possess and provide a copy of a valid state vehicle operating license. Additionally, the operator of a motor vehicle used for mobile food vending must have a valid operating license.
D.
Motor vehicles used for mobile food vending must have valid plates, inspection, registration and insurance.
E.
Liability and Insurance Obligation. Every mobile food vendor must furnish evidence of Comprehensive Public Liability Insurance coverage for not less than $500,000 ($1,000,000 if located on Borough-owned property) in the event of bodily injury, including death, and, if applicable, Worker's Compensation Insurance. Such evidence shall be in the form of a certificate with a 10-day cancellation notice, which shall be furnished to the Borough. Failure to maintain the required insurance will be considered reason for the Borough to suspend the mobile food vendor's business license and shall be subject to fines and/or penalties as defined herein.
F.
Display of Permit.
(1)
Approved zoning and other required permits, including those from the Borough of Manor and the Westmoreland County Health Department as well as from the Pennsylvania Department of Agriculture, shall be displayed at all times in a conspicuous place where it can be read by the general public on the mobile food vendor truck, concession cart or concession trailer.
(2)
It shall be unlawful for an individual to sell edible goods while displaying a valid permit in the name of another individual organization or entity.
G.
Permit Revocations or Suspension.
(1)
A zoning permit may be revoked upon conviction of any offense committed by an individual operating as a mobile food vendor in the Borough of Manor while engaged in the permitted business or if a final conviction occurs or is found to have existed at the time of application, of if civil judgments as set forth above are placed or found of record against an applicant. A permit may be suspended in the event of pending charges of a crime, as set forth above, upon a Magistrate's determination of probable cause in connection with such charges.
(2)
A zoning permit may be suspended immediately, without notice, by the Borough Police Department if the mobile food vending is causing, contributing to or is part of a public safety concern for disturbance and/or excessive trash.
(3)
A zoning permit may be revoked for nonconformity to the application location specifications or requirements, as well as to nonconformity to an approved location plan or diagram.
(4)
A zoning permit may be suspended or revoked for not complying with the requirements of this section or any other ordinances or laws.
(5)
It shall be unlawful for any individual directly or through an agent or employee to sell goods after the expiration of the zoning permit issued under this chapter.
H.
Location.
(1)
A mobile food vendor shall not be located at a stationary location for a duration exceeding eight hours and cannot exceed more than eight hours during any 24-hour period. The mobile food vendor shall be open and operating during the entire period that the mobile food vendor is located at a stationary location within the Borough.
(2)
A mobile food vendor shall not conduct sales in congested areas where the operation impedes vehicular or pedestrian traffic.
(3)
A mobile food vendor shall not cause any congestion of traffic flow and, if vehicular or pedestrian flow becomes impeded, the vendor shall immediately and without delay vacate the area so as to allow for the free flow of traffic and relief of the congestion.
(4)
No mobile food vendor shall be located on any private property without written permission from the property owner to do so and must comply if asked to leave by the property owner.
(5)
A copy of the written permission to operate in a specific location signed by the private property owner, including a contact phone number for verification, shall be included with the zoning permit application.
(6)
A copy of the written permission to operate in a specific location signed by the private property owner, including a contact phone number for verification, shall always be kept within the mobile vending unit.
(7)
A five-foot clear space shall be maintained around the mobile food vending unit at all times.
(8)
No mobile food vendor shall be allowed to conduct food sales in the public road right-of-way.
I.
Time. A mobile food vendor shall not conduct sales between the hours of 10:00 p.m. and 10:00 a.m.
J.
Waste.
(1)
Each unit shall be equipped with a portable trash receptacle and shall be responsible for proper disposal of solid waste and wastewater in a sanitation facility legally accessed by the food service establishment.
(2)
All areas must be cleaned following each sales period within a minimum of 20 feet of the sales location.
(3)
Wastewater will not be allowed to drain on the ground or public roadway or be deposited into any sewer drain outlet.
K.
Noise.
(1)
Continuous loud music or repetitive sounds shall not project from the mobile unit while parked or stopped, except those created by the normal operation of equipment normally associated with mobile food vending during hours of operation.
(2)
The provisions of the Borough noise ordinance must be met during all periods of operation.
L.
Fire Safety.
(1)
A tagged fire extinguisher with a 10 BC rating and a Class K fire extinguisher shall be located in the unit and kept accessible at all times.
(2)
The hood shall be maintained and tested annually by an independent extinguisher company.
(3)
All compressed gas fuel cylinders shall be shielded and secured as required by the International Fire Code.
(4)
Proper electrical power shall be maintained and installed in accordance with our ordinances. Extension cords running from any residential living space for power will not be allowed. Borough- owned power sources may not be used without the express permission of the Borough.
M.
Exemptions.
(1)
Mobile food vendors as defined by this chapter, during any officially sanctioned Borough event on Borough property, are exempt from the requirements of this chapter, except those requirements as may be imposed by Borough Council. The mobile food vendor shall provide a certificate of insurance with the Borough named as an additional insured.
(2)
Private, not-for-profit or neighborhood mobile food vending (i.e., lemonade stands, fundraising sales) are exempt from the requirements of this chapter.
37.
Motels/Hotels. Motels/hotels shall have a minimum lot area of not less than 400 square feet per rental unit.
38.
Nursing Home. Each nursing home shall have and comply with the following requirements:
A.
Nursing homes shall have a capacity of not less than 20 nor more than 200 beds.
B.
Safe areas for discharging and picking up patients shall be provided.
C.
Parking facilities shall be provided at the ratio of one parking space for each employee and staff member on peak shift and one additional parking space for each bed. Additional parking spaces shall be provided to satisfy ADA requirements for medical care facilities.
D.
Vehicular and pedestrian access to the proposed development shall be designed and provided to maximize pedestrian and vehicle safety. The vehicular and pedestrian circulation systems shall be designed to minimize conflicts between vehicular and pedestrian circulation.
E.
The location of buildings and structures shall be designed to minimize impact on adjacent residential properties.
F.
To ensure public health and safety, the site shall be served by and connected to a public sewer system and public water system at the cost of the landowner and/or developer.
G.
Lighting shall be oriented away from adjacent properties and shall not exceed 0.1 footcandle of illumination when measured from an adjacent lot line. Lighting levels visible from an adjacent lot line of a residential use or residential zoning district shall be reduced to at least half of the maximum permitted footcandles between 11:00 p.m. and 6:00 a.m., prevailing time. As part of its decision, Council may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.
H.
A traffic impact study is required.
39.
Oil and Gas Operations. Oil and gas operations shall have and comply with the following requirements.
A. ABANDONED WELL(1) (a) (b) (c)
ADDITIVE AGRICULTURAL ZONING DISTRICT ALTERATION(1) BOARD BRIDGE BUILDING CASING CEMENT OR CEMENT GROUT CHEMICAL CHEMICAL DISCLOSURE REGISTRY CHEMICAL FAMILY COAL MINE(1) (2) COAL OPERATOR COMMISSION COMPLETION OF A WELL DEPARTMENT DRILLING ENVIRONMENTAL ACTS FRESH GROUNDWATER GAS HEALTH PROFESSIONAL HYDRAULIC FRACTURING CHEMICAL IMPOUNDMENT AREA INACTIVATE INDUSTRIAL USES(1) LINEAR FOOT NATURAL GAS NATURAL GAS COMPRESSOR STATION NATURAL GAS LIQUIDS NATURAL GAS PROCESSING PLANT OCCUPIED BUILDING OIL OIL AND GAS OPERATIONS(1) (2) (3) (4) OIL AND GAS WELL or WELL OIL AND GAS WELL or WELL SITE OPERATING COAL MINE(1) (2) OPERATING WELL OPERATOR ORPHAN WELL OUTSIDE COAL BOUNDARIES OWNER OWNER OF BUILDING OR ADJOINING LOT PERMANENT OIL AND GAS OPERATIONS PERMITTED USE PERSON PETROLEUM PILLAR PLAT RESERVOIR PROTECTIVE AREA RESIDENTIAL DISTRICT OR RESIDENTIAL ZONING DISTRICT RETREAT MINING REVIEW PERIOD FOR CONDITIONAL USES REVIEW PERIOD FOR PERMITTED USES SECERTARY STORAGE OPERATOR STORAGE RESERVOIR UNCONVENTIONAL FORMATION UNCONVENTIONAL WELL WATER MANAGEMENT PLAN WATER PURVEYOR WATER SOURCE WELL(1) (2) (a) (b) WELL AND PIPELINE LOCATION ASSESSMENT OPERATIONS WELL CONTROL EMERGENCY WELL CONTROL SPECIALIST WELL OPERATOR(1) (2) (3) WETLAND WORKABLE COAL SEAMS
Definitions.
Any of the following:
A well:
That has not been in use to produce, extract or inject gas, petroleum or other liquid within the preceding 12 months.
For which equipment necessary for production, extraction or injection has been removed.
Considered dry and not equipped for production within 60 days after drilling, redrilling or deepening.
The term does not include wells granted inactive status. |
A hydraulic fracturing chemical.
The same meaning as such term is used in current lawful provisions of Act 13 of 2012. The following Borough Zoning Districts shall, for the specific purposes of this amendment of this chapter, be considered "Agricultural Zoning Districts": A-1 District.
An operation which changes the physical characteristics of a well bore, including stimulation or removing, repairing or changing the casing. For the purpose of this chapter only, the term does include:
Repairing or replacing the casing if the activity does not affect the depth or diameter of the well bore, the use or purpose of the well does not change, and the activity complies with regulations promulgated in this chapter, except that this exclusion does apply:
The Oil and Gas Technical Advisory Board.
An obstruction placed in a well at any depth.
An occupied structure with walls and roof within which persons live or customarily work.
A string or strings of pipe commonly placed in wells drilled for natural gas or petroleum.
Any of the following:
Any element, chemical compound or mixture of elements or compounds that has its own specific name or identity, such as a chemical abstract service number.
The chemical registry website developed by the Ground Water Protection Council and the Interstate Oil and Gas Compact Commission or their successor organizations.
A group of chemicals that share similar chemical properties and have a common general name.
Any of the following:
Operations in a coal seam, including excavated portions, abandoned portions and places actually being worked.
Underground workings and shafts, slopes, tunnels and other ways and openings, including those which are in the course of being sunk or driven, along with all roads and facilities connected with them below the surface.
A person that operates or proposes to operate a coal mine as an owner or lessee.
The Pennsylvania Public Utilities Commission.
The date after treatment, if any, that the well is properly equipped for production of oil and gas or, if the well is dry, the date that the well is abandoned.
The Department of Environmental Protection of the Commonwealth.
The drilling or redrilling of a well or the deepening of an existing well.
All statutes enacted by the Commonwealth relating to the protection of the environment or the protection of public health, safety and welfare that are administered and enforced by the Department or by another Commonwealth agency, including an independent agency, and all federal statutes relating to the protection of the environment, to the extent those statutes regulate oil and gas operation.
Water in that portion of the generally recognized hydrologic cycle which occupies the pore spaces and fractures of saturated subsurface materials.
Any of the following:
A physician, physician assistant, nurse practitioner, registered nurse or emergency medical technician licensed by the Commonwealth.
Any chemical substance or combination of substances, including any chemicals and proppants, which is intentionally added to a base fluid for purposes of preparing a stimulation fluid for use in hydraulic fracturing.
The same meaning as such term is used in Act 13 of 2012, including as used in 58 Pa.C.S.A. § 3304 and more specifically shall mean a water and other fluid storage or impoundment area used exclusively for oil and gas operations.
To shut off the vertical movement of gas in a gas storage well by means of a temporary plug or other suitable device or by injecting bentonitic mud or other equally nonporous material into the well.
The same meaning in this chapter as the term "industrial uses" is used in current lawful provisions of Act 13 of 2012; and, without limiting the foregoing, shall include the following specific uses provided for in this chapter under the listing of uses in the Industrial Zoning Districts (I-1):
All uses identified as permitted uses, conditional uses and special exceptions in the above zoning district.
A unit or measurement in a straight line on a horizontal plane.
A fossil fuel consisting of a mixture of hydrocarbon gases, primarily methane, and possibly including ethane, propane, butane, pentane, carbon dioxide, oxygen, nitrogen and hydrogen sulfide and other gas species. The term includes natural gas from oil fields known as associated gas or casing head gas, natural gas fields known as non-associated gas, coal beds, shale beds and other formations. The term does not include coal bed methane.
The same meaning as such term is used in Act 13 of 2012, including in 58 Pa.C.S.A. §§ 3301 through 3309.
Hydrocarbons in natural gas which are separated from the gas as liquids through the process of absorption, condensation, adsorption or other methods in gas processing of cycling plants.
The same meaning as such term is used in Act 13 of 2012, including in 58 Pa.C.S.A. §§ 3301 through 3309.
For the specific purposes of this chapter, means consistent with the definition of "building" pursuant to Act 13 of 2012 (58 Pa.C.S.A. § 3203), an occupied structure with walls and roof within which persons live or customarily work.
Hydrocarbons in liquid form at standard temperature of 60°F, and pressure 14.7 PSIA, also referred to as petroleum.
The term includes the following:
Well location assessment, including seismic operations, well site preparation, construction, drilling, hydraulic fracturing and site restoration associated with an oil and gas well of any depth.
Water and other fluid storage or impoundment areas used exclusively for oil and gas operations.
As used in this chapter is intended to have the same meaning as the term "well" as defined in § 3203 of Act 13 of 2012 58 Pa.C.S.A. § 3203).
As used in this chapter is intended to have the same meaning as the term "well site" as used in Act 13 of 2012 58 Pa.C.S.A. § 3304(b)(5.1)).
Any of the following:
An underground coal mine which is producing coal or has been in production of coal at any time during the 12 months immediately preceding the date its status is put in question, including contiguous worked-out or abandoned coal mines to which it is connected underground.
An underground coal mine to be established or reestablished under this subsection.
A well that is not plugged and abandoned.
A well operator.
A well abandoned prior to April 18, 1985, that has not been affected or operated by the present owner or operator and from which the present owner, operator or lessee has received no economic benefit other than as a landowner or recipient of a royalty interest from the well.
When used in conjunction with the term "operating coal mine," the boundaries of the coal acreage assigned to the coal mine under an underground mine permit issued by the Department of Environmental Protection.
A person who owns, manages, leases, controls or possesses a well or coal property. The term does not apply to orphan wells, except where the Department of Environmental Protection determines a prior owner or operator benefitted from the well as provided in § 3220(a) of Act 13 of 2012 (relating to plugging requirements).
For the purposes of this chapter, shall have the same meaning as such term as used in Act 13 of 2012 (58 Pa.C.S.A. § 3304(b)).
As used in this chapter, is intended to have the same meaning as the term "permanent oil and gas operations" as used in Act 13 of 2012 (58 Pa.C.S.A. § 3304(b)(3)).
A use which, upon submission of written notice to and receipt of a permit issued by a Zoning Officer or equivalent official, is authorized to be conducted without restrictions other than those set forth in § 3304 of Act 13 of 2012 (relating to uniformity of local ordinances).
An individual, association, partnership, corporation, political subdivision or agency of the federal government, state government or other legal entity.
Hydrocarbons in liquid form at standard temperature of 60°F, and pressure 14.7 PSIA, also referred to as oil.
A solid brick of coal surrounded by either active mine workings or a mined-out area.
A map, drawing or print accurately drawn to scale showing the proposed or existing location of a well or wells.
The area surrounding a storage reservoir boundary, but within 2,000 linear feet of the storage reservoir boundary, unless an alternate area has been designated by the Department of Environmental Protection, which is deemed reasonably necessary to afford protection to the reservoir, under a conference held in accordance with § 3251 of Act 13 of 2012 (relating to conferences).
The same meaning as the term "Residential District" as used in current lawful provisions of Act 13 of 2012. The following zoning districts shall, for the purposes of this chapter, be considered "Residential Zoning Districts": R-1 District and R-2 District.
Removal of coal pillars, ribs and stumps remaining after development mining has been completed in that section of a coal mine.
As used in this chapter, is intended to have the same meaning as such phrase is used in the current lawful provisions of Act 13 of 2012, and as specifically set forth elsewhere in this chapter.
As used in this chapter, is intended to have the same meaning as such phrase is used in the current lawful provisions of Act 13 of 2012, and as specifically set forth elsewhere in this chapter.
The Secretary of Environmental Protection of the Commonwealth.
A person who operates or proposes to operate a storage reservoir as an owner or lessee.
Portion of a subsurface geological stratum into which gas is or may be injected for storage purposes or to test suitability of the stratum for storage.
A geological shale formation existing below the base of the Elk Sandstone or its geological equivalent stratigraphic interval where natural gas generally cannot be produced at economic flow rates or in economic volumes except by vertical or horizontal well bores stimulated by hydraulic fracture treatments or by using multilateral well bores or other techniques to expose more of the formation to the well bore.
A bore hole drilled or being drilled for the purpose of or to be used for the production of natural gas from an unconventional formation.
A plan associated with drilling or completing a well in an unconventional formation that demonstrates that the withdrawal and use of water sources protects those sources as required by law and protects public health, safety and welfare.
Any of the following:
A bore hole drilled or being drilled for the purpose of, or to be used for, producing, extracting or injecting gas, petroleum or another liquid related to oil and gas production or storage, including brine disposal, but excluding a bore hole drilled to produce potable water. The term does not include a bore hole drilled or being drilled for the purpose of, or to be used for:
Systems of monitoring, producing or extracting gas from solid waster disposal facilities, if the bore hole is a well subject to the Act of July 7, 1980 (P.L. 380, No. 97), known as the "Solid Waste Management Act,"[10] which does not penetrate a workable coal seam.
Degasifying coal seams if the bore hole is:
Used to vent methane to the outside atmosphere from an operating coal mine; regulated as part of the mining permit under the Act of June 22, 1937 (P.L. 1987, No. 418), known as the "Surface Mining Conservation and Reclamation Act";[11] and drilled by the operator of the operating coal mine for the purpose of increased safety.
Used to vent methane to the outside atmosphere under a federally funded or state-funded abandoned mine reclamation project.
The same meaning as such term is used in Act 13 of 2012, including in 58 Pa.C.S.A. § 3304.
An incident during drilling, operation, workover or completion that, as determined by the Department, poses a threat to public health, welfare or safety, including a loss of circulation fluids, kick, casing failure, blowout, fire and/or explosion.
Any person trained to respond to a well control emergency with a current certification from a well control course accredited by the International Association of Drilling Contractors or other organization approved by the Department.
Any of the following:
The person designated as operator or well operator on the permit application or well registration.
If a permit or well registration was not issued, a person who locates, drills, operates, alters or plugs a well, or reconditions a well, with the purpose of production from the well.
If a well is used in connection with underground storage of gas, a storage operator.
Areas inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and which normally support, a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs and similar areas.
A coal seam which:
B.
Upon conditional use approval for oil and gas operations, said use shall be valid for a period of one year from the date of the approval. If the oil and gas operations approved have not been initiated within one year after the conditional use approval, the conditional use approval shall expire. An extension may be granted by the Borough of Manor Council for an additional period of time, not to exceed a maximum of one year, upon written request by the applicant filed prior to the expiration of the original one-year period, subject to the finding that the plan is in compliance with all applicable provisions and requirements.
C.
The recovery of subsurface gas and oil deposits is prohibited on any property subject to a conservation easement.
D.
The recovery of subsurface gas and oil deposits shall be subject to, in addition to use regulations, the applicable zoning district regulations of yard, frontage, setbacks, lot size and area, lot width, net building area, site capacity calculations, natural resource protection standards, easements, provisions for off-street parking and loading, floodplain standards, all overlay district regulations, and to such other provisions as are specified in other provisions of this part and this chapter.
E.
The recovery of subsurface gas and oil deposits shall be subject to, in addition to the provisions of this part, all laws, rules and regulations of other applicable Borough, county, state or federal requirements and licensing laws, rules and regulations, and to the requirements of any agency having jurisdiction. These include, but are not limited to, laws, rules and regulations concerning soil erosion and sedimentation control, stormwater management, street and road regulations and fire protection requirements.
F.
Where multiple uses exist or are proposed for a single parcel, each use must meet the required minimum net building area. Each well site shall be calculated based upon the "pad" area where the well and its attendant facilities are located, as well as any pond, impoundment, reservoir or access road areas.
G.
The recovery of subsurface gas and oil deposits shall be subject to the applicable standards of the Borough of Manor Stormwater Management Ordinance.[12] Where the provisions for the management of stormwater under this subsection are in conflict with the provisions of the Stormwater Management Ordinance, the provisions of the Borough of Manor Stormwater Management Ordinance shall be applicable.
H.
The recovery of subsurface gas and oil deposits shall also comply with all applicable provisions of the Borough of Manor Subdivision and Land Development Ordinance and Manor Borough Building Code.[13]
I.
Offensive or noxious odors, fluids, gases, dust or glare shall be confined to the subject parcel or the leasehold premises and shall not impact any occupied structures or dwellings at any time during the siting, drilling, stimulating, completion, altering and production periods.
J.
Junk, refuse, trash or abandoned materials shall not be disposed of on site. All refuse stored on site for final off site disposal shall be located within a building, covered dumpster or other enclosure designed and constructed for the proper storage of such materials.
K.
Only one well site shall be permitted on any one parcel.
L.
Any expansion of the ground surface area used and/or devoted to the well site, drilling or production operations shall require further conditional use approval.
M.
Any hazardous or toxic material shall be properly and securely contained, stored and removed in accordance with applicable federal or state regulations. On site disposal of such material is prohibited.
N.
All operations shall be in accordance with all applicable federal and state laws, rules and regulations, as amended; and pursuant to all rules, regulations and procedures promulgated thereunder.
O.
All drilling and production operations, including wells, derricks, retaining pits, impoundments, vacuum pumps, storage tanks, vehicles, compressors, structures, machinery and ancillary equipment, shall be located at least 200 feet from any structure used as a residential dwelling or from any structure used for public assembly, including schools and churches; or from any occupied nonresidential structure, if the owner of such structures are not the owner or lessor of the property on which the well site is located.
P.
All aspects of the recovery of subsurface gas and oil deposits including, without limitation, all drilling, production operations, buildings, and/or pipelines, shall be located at least 100 feet from the right-of-way of any public or private street; and 50 feet from any property line. Pipelines from the well site shall be permitted to traverse the required setback only to the extent necessary to transport extracted product (gas and oil) off site.
Q.
No recovery of subsurface gas and oil deposits shall be conducted within 1,000 feet of any properties known to be a landfill or known to be designated as a site containing hazardous substances under federal or state cleanup laws.
R.
The well owner(s) and well operator(s) shall be jointly liable and responsible for prevention and prompt removal of spills involving waste materials, oil and toxic or hazardous materials.
S.
The minimum lot size for a gas and oil well site, other than a Marcellus Shale formation well, shall be two acres. The minimum lot size for a gas well site for a Marcellus Shale formation well shall be 10 acres.
T.
All well site structures, equipment and operations within 200 feet of a residential structure or a place of public assembly shall be fully screened from offsite view from such residential structure or public place of assembly.
U.
Existing or planted screening consisting of trees, shrubs and other vegetation, as well as topography, if sufficient proof of same is presented to Council as part of the conditional use process.
V.
Fencing, if sufficient proof of same is presented to Council as part of the conditional use process.
W.
For areas of potential wildfire hazards, fire line intensities shall be abated to less than 100 BTU/foot/second through fuel breaks or other equally effective means around structures or areas of operation. A fire protection plan shall be submitted to the Borough's Emergency Management Agency for review and approval.
X.
A duly authorized representative of the Borough shall have the authority, at any time, both in relation to the enforcement of this part and pursuant to the Borough's enforcement rights under 58 Pa. P.S. § 601.504(b) of Pennsylvania's Oil and Gas Act, to enter upon property where a drilling site is contemplated, upon property where a well is in the process of being drilled, or upon a producing well site, for the purpose of inspecting the site, equipment and all other things necessary to assure compliance on this part.
Y.
Unless other times and days are approved by Council as a condition of the grant of a conditional use, the hours of activity for the siting, drilling, stimulating, inspection, servicing, completion or alteration of the well and its site, shall be limited to Monday through Saturday, 7:00 a.m. to 7:00 p.m., except for emergencies.
Z.
Air and Water Quality; Noise. Operators shall conform to all of the following in connection with air and water quality and noise:
(1)
Air contaminant emissions shall be in compliance with all county, state and federal regulations including, without limitation, the control provisions of the Clean Air Act, as amended;[14] and all fugitive dust regulations for smoke, ash, dust, fumes, gases, odors and vapors.
[14]
Editor's Note: See 42 U.S.C. § 7401 et seq.
(2)
Noise. The operator shall take all possible precautions and measures to minimize the level and duration of noise created by the drilling operation, including, without limitation, maximum muffling of generators and construction of noise dissipaters or earthen berms. All equipment used in drilling, completion or production of a well must comply with the noise limitations in this subsection.
(a)
The noise (sound) pressure levels at any point beyond the property boundary containing the well shall be no more than 55 decibels (dB) during day (7:00 a.m. to 7:00 p.m.); and no more than 45 decibels (dB) during the night (7:00 p.m. to 7:00 a.m.) and on Sundays and federal holidays. These noise standards shall also apply to any gas compressors, and to all equipment used for well sitting, drilling, stimulation, completion, alteration, production and other related operations.
(b)
Based upon special site characteristics, additional noise measures may be required upon inspection and determination by the Borough.
(c)
When taking noise measurements to determine whether additional noise mitigation measures are necessary, sound pressure levels shall be measured under conditions that are representative of the most demanding assumptions related to the specific site. Consideration shall be given to (including, but not limited to) the nature and proximity of adjoining properties, time of day, prevailing weather patterns, amount of vegetative cover on or adjacent to the property, and topography of the site.
(d)
If, based upon special site conditions and analysis, additional noise measurements are necessary, one or more of the following additional noise abatement measures, listed below in ascending order of mitigation, shall be required:
AA.
The applicant shall maintain, both at the property and on file with the Borough Emergency Management Agency, a current list and the Material Safety Data Sheet (MSDS) for all chemicals used in the drilling operations (including, but not limited to, types of additives, polymers, salts, surfactants and solvents) and in any hydraulic fracturing operations.
BB.
Emergency Preparedness and Public Safety Plan. As part of the conditional use application, the applicant shall provide an emergency preparedness and public safety plan. The plan shall demonstrate the following:
(1)
Name, address and phone number, including 24-hour emergency number for at least two persons responsible for drilling operations.
(2)
As-built facilities plan.
(3)
First responders plan for potential emergencies, including, but not limited to, explosions, fires, geological activity, flooding or pipe rupture.
(4)
Specific emergency preparedness plan for all potential hazardous scenarios.
CC.
The operator shall be responsible for keeping all public and private rights-of-way, which are used to enter or exit the well site, substantially free from mud, dirt and other debris. If any substantial amount of mud, dirt or other debris is carried onto public or private rights-of-way from the well site, the operator shall clean the roads at regular intervals.
DD.
The applicant shall file with its application for a conditional use, all plans for:
(1)
The transportation and delivery of equipment, machinery, water, chemicals, products, material and items to be utilized in the siting, drilling, stimulating, completion, alteration and operation of the well;
(2)
The storage, transportation and removal of gas, hydrocarbons, fracturing fluids, waste products and other items from the well site; and
(3)
Roads, streets, alleys, rights-of-way, easements or other property interests to be utilized for the transportation, delivery and/or removal of equipment, machinery, chemicals, products, gas, hydrocarbons, fracturing fluids, water, waste products and other items to and/or from the well site.
EE.
A duly authorized representative of the Borough shall have the authority, at any time, both in relation to the enforcement of this chapter and pursuant to the Borough's enforcement rights under Act 13, to enter upon property where a drilling site is contemplated, upon property where a well is in the process of being drilled, or upon a producing well site for the purpose of inspecting the site, equipment and all other things necessary to assure compliance with this chapter.
FF.
Unless other times and days are approved by Council as a condition of the grant of a conditional use, the hours of activity for the siting, drilling, stimulating, inspection, servicing, completion or alteration of the well and its site shall be limited to Monday through Saturday, 7:00 a.m. to 7:00 p.m., except for emergencies.
GG.
The operator shall be responsible for keeping all public and private rights-of-way, which are used to enter or exit the well site, substantially free from mud, dirt and other debris. If any substantial amount of mud, dirt or other debris is carried onto public or private rights-of-way from the well site, the operator shall clean the roads at regular intervals.
40.
Outdoor Entertainment Facilities. All outdoor entertainment facilities shall comply with the following requirements:
A.
Such facility shall be constructed in compliance with all applicable building and/or construction codes in effect at the time the application is made;
B.
If alcoholic beverages are to be sold or consumed on or within such facility on special events or occasions, the applicant must obtain approval from the Pennsylvania Liquor Control Board that such facility has been approved for such purposes and provide a copy of such approval to the Borough, along with any application filed with the Borough prior to any consumption of alcohol on the premises. Failure to provide such approval shall cause the application to be rejected as administratively incomplete.
C.
If such facility abuts a property in any residential zoning district, the operation of such facility shall not extend past 10:00 p.m. on Sunday through Thursday evenings, nor past 11:00 p.m. on Friday and Saturday. For the purposes of this paragraph, "operation" shall include entertainment, music and the sales or consumption of food, alcoholic or non-alcoholic beverages.
D.
If such facility abuts a property in any residential zoning district, the facility shall be buffered to visually insulate and dampen sound from the facility from the adjoining property. The nature and extent of any buffer area shall be reviewed and approved by the Zoning Hearing Board.
E.
Outdoor entertainment facilities which are used in or form a part of a bar, restaurant, nightclub or other similar commercial use are considered an extension of the existing premises and shall not be permitted in any area where such bar, restaurant or nightclub is adjacent to a property in any residential zoning district.
F.
A traffic impact study is required.
41.
Outside Storage Areas in Commercial and Industrial Districts. Outside storage areas in commercial and industrial districts shall: (a) be buffered by fencing, planting or topography so to eliminate or minimize adverse effects on neighboring properties; and (b) have no waste material stored in such area. The creation of such an area will not eliminate the requirements for waste handling required in this chapter or other ordinance of the Borough applicable to same.
42.
Penal/Correctional Institution. All penal/correctional institutions shall comply with the following requirements:
A.
All penal/correctional institutions shall present Council with a security plan that takes into account the safety of Borough residents.
C.
No penal/correctional institutions may be located where any adjacent property contains a preexisting single-family home in separate ownership from the proposed facility.
D.
Penal/correctional institutions shall be located upon lots of at least two acres.
43.
Public Buildings and Uses. Public buildings and uses, when located in or adjacent to a residential district, shall provide proper separation and protection from abutting residential properties.
44.
Recreation Facility (Indoor/Outdoor). All recreational facilities shall comply with the following requirements:
A.
Lighting or other features which encourage use of the area after dusk shall not be permitted.
B.
The design of the proposed recreational facilities and any proposed recreational structures shall comply with all applicable requirements governing flood plains and wetlands.
C.
All indoor facilities shall meet the minimum lot area required for the Zoning Ordinance in which the property is located.
D.
In addition to the required parking spaces for vehicles required by this chapter for the proposed uses, parking areas for bicycles shall be provided.
E.
No storage of equipment or materials shall be permitted outside a completely enclosed structure.
F.
All areas which are not used for active recreational facilities, structures or parking areas shall be maintained in a natural state or attractively landscaped.
G.
Areas kept in a natural state shall be adequately maintained to eliminate the accumulation of litter and growth of weeds and tall grass.
H.
If such facility abuts a property in any residential zoning district, the facility shall be buffered to visually insulate and dampen sound from the facility from the adjoining property. The nature and extent of any buffer area shall be reviewed and approved by the Zoning Hearing Board.
I.
Outdoor speakers shall not be permitted if there are dwellings within 500 feet of the property in any direction. If outdoor speakers are allowed, the volume and direction shall be regulated to minimize impact on adjoining properties.
J.
If such facility abuts a property in any residential zoning district, the operation of such facility shall not extend past 10:00 p.m. on Sunday through Thursday evenings, nor past 11:00 p.m. on Friday and Saturday. For the purposes of this paragraph, "operation" shall include entertainment, music and the sales or consumption of food, alcoholic or non-alcoholic beverages.
K.
If alcoholic beverages are to be sold or consumed on or within such facility on special events or occasions, the applicant must obtain approval from the Pennsylvania Liquor Control Board that such facility has been approved for such purposes and provide a copy of such approval to the Borough, along with any application filed with the Borough prior to any consumption of alcohol on the premises. Failure to provide such approval shall cause the application to be rejected as administratively incomplete.
L.
Adequate sanitary facilities shall be provided to the public at this site.
M.
A traffic impact study is required.
45.
Research Laboratory. A research laboratory shall be a permitted conditional use subject to the following express standards and criteria:
A.
The laboratory area shall not exceed a maximum of 15,000 square feet of gross floor area.
B.
The gross floor area of the laboratory shall not exceed 40% of the gross floor area of the building containing such laboratory.
C.
Laboratories that store Environmental Protection Agency ("EPA") regulated substances with reportable quantities over 100 pounds are prohibited.
D.
Laboratories that store EPA regulated substances with reportable quantities equal to or less than 100 pounds, which are also liquids or gases at ambient conditions, in quantities greater than the respective reportable quantity are prohibited.
E.
Laboratories with the following then-current North American Industry Classification System ("NCAIS") categories are prohibited: (1) All Other Animal Production (Code 112990); (2) Biological Testing Laboratories or Services (under Code 541380); (3) Veterinary Testing Laboratories (Code 541940); and (4) Laboratory Equipment Manufacturing (Code 339113).
F.
Laboratories shall be designated by the owner with applicable NAICS categories.
G.
Council shall determine that such use will not create detrimental impacts on the surrounding properties, taking into consideration the location and orientation of the laboratory's probable traffic generation, parking needs, generation of noise, dust, odor, vibration, pollution, light or other disturbance or interruption.
H.
Lighting shall be oriented away from adjacent properties and shall not exceed 0.1 footcandle of illumination when measured from an adjacent lot line. Lighting levels visible from an adjacent lot line of a residential use or residential zoning district shall be reduced to at least half of the maximum permitted footcandles between 11:00 p.m. and 6:00 a.m., prevailing time. As part of its decision, Council may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.
I.
Vehicular and pedestrian access to the proposed development shall be designed and provided to maximize pedestrian and vehicle safety.
J.
The vehicular and pedestrian circulation systems shall be designed to minimize conflicts between vehicular and pedestrian circulation.
K.
The location of buildings and structures shall be designed to minimize impact on adjacent residential properties.
L.
A traffic impact study is required.
M.
The owner and operator of the facility shall be responsible for the conduct and safety of the employees, customers, visitors and guests, and shall be available to respond to inquiries and promptly resolve any issues caused by the employees, customers, visitors and guests.
46.
Satellite Parking. Off-street parking lots, which are not located on the same lot as the principal use, may be permitted, provided that:
A.
The parking lot will not be unduly intrusive and will blend harmoniously into the neighborhood.
B.
Such a lot shall be located within 100 feet of the principal use, shall be buffered and landscaped, and all lighting used shall be shielded so as not to reflect on adjoining residential lots.
C.
Traffic circulation from the parking lot shall not create a hazardous or unsafe situation.
D.
Reasonable safeguards are established against detrimental emission of smoke, fumes, dust, noise or visual blight or pollution of any kind.
E.
The parking lot is located in a zoning district in which the principal use is permitted use.
47.
Shopping Center. A shopping center shall be a permitted conditional use subject to the following express standards and criteria:
A.
The minimum site shall be five acres.
B.
The site shall be planned as a unit, and uniform signage, landscaping and common parking and loading areas shall be proposed to promote design and efficiency.
C.
Ingress, egress and internal traffic circulation shall be designed to minimize congestion and ensure safety and provide access for emergency and fire vehicles.
D.
All outdoor lighting shall be shielded and reflected away from adjacent streets and residential properties.
E.
There shall be no storage of materials or equipment outside a completely enclosed building. All sales shall be conducted within a completely enclosed building.
F.
All uses shall be located at least 50 feet from any property line which adjoins a residential use.
G.
All parking areas shall be located at least 20 feet from any property line which adjoins a residential use.
H.
A traffic impact study is required.
48.
Terminals and Freight Terminals.
A.
Terminals shall not be located on lots of less than five acres suitable for such use and shall have a buffer area sufficient to insulate same from any adjoining residential use. Access for motor freight vehicles or buses shall be by way of streets of adequate width as determined by the Borough. In addition to adequate area within the site for docking, manipulation and the maneuvering of motor freight vehicles, a reservoir of parking areas for cars and other personal vehicles of employees or drivers shall be provided at the rate of one parking space for every vehicle housed at the terminal. The number, location and width of entrances to and exits from the site shall be approved by the Borough.
B.
Freight terminals shall not be located on lots of less than five acres suitable for such use and shall have a buffer area sufficient to insulate same from any adjoining residential use. Access for motor freight vehicles or buses shall be by way of streets of adequate width as determined by the Borough. In addition to adequate area within the site for docking, manipulation and the maneuvering of motor freight vehicles, a reservoir of parking areas for motor freight vehicles waiting to be loaded or unloaded shall be provided at the rate of one parking space for every four loading or unloading docks. The number, location and width of entrances to and exits from the site shall be approved by the Borough.
C.
No terminal shall be closer than 300 feet to a residential dwelling, public or private school, daycare center, hospital or public park, as measured from the subject site's property line to the nearest property line of the residence(s), school, daycare center, hospital or park site. All vehicles parked, stored or housed on site need to be in operable condition and maintain valid registration and inspection stickers.
D.
No repair work shall be conducted on any vehicle parked, stopped, stored or housed on the site of any terminal or freight terminal.
E.
A traffic impact study is required.
49.
Theater. A theater/auditorium shall be a permitted conditional use subject to the following express standards and criteria:
A.
The primary visitor drop-off and pick-up area shall be located in a manner that minimizes detrimental traffic impacts (both pedestrian and vehicular) on the surrounding neighborhood and subject property.
B.
The use shall have one direct point of vehicular access from an arterial or collector street. The point of vehicular access shall be located in a manner that minimizes detrimental traffic impacts (both pedestrian and vehicular) on the surrounding neighborhood and subject property.
C.
For demands greater than 300 automobiles, additional setbacks, screening and buffering of off-street parking and loading areas may be required to be provided in order to protect the surrounding neighborhood from inappropriate noise, dust, light and other disturbances.
D.
Lighting shall be oriented away from adjacent properties and shall not exceed 0.1 footcandle of illumination when measured from an adjacent lot line. Lighting levels visible from an adjacent lot line of a residential use or residential zoning district shall be reduced to at least half of the maximum permitted footcandles between 11:00 p.m. (or one hour after the last movie/show is completed, whichever is greater) and 6:00 a.m., prevailing time. As part of its decision, Council may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.
E.
Vehicular and pedestrian access to the proposed development shall be designed and provided to maximize pedestrian and vehicle safety.
F.
The vehicular and pedestrian circulation systems shall be designed to minimize conflicts between vehicular and pedestrian circulation.
G.
The location of buildings and structures shall be designed to minimize impact on adjacent residential properties.
H.
A traffic impact study is required.
I.
To ensure public health and safety, the site shall be served by and connected to a public sewer system and public water system at the cost of the landowner and/or developer.
J.
The owner and operator of the facility shall be responsible for the conduct and safety of the employees, attendees, customers, visitors and guests, and shall be responsible for the conduct and safety of the employees, attendees, customers, visitors and guests, and shall be available to respond to inquiries and promptly resolve any issues and quell any disturbances caused by the employees, attendees, customers, visitors and guests.
50.
Utility Substations. Utility substations shall provide proper separation and protection for abutting properties and must not engage in routine trucking movements on local residential and substandard streets.
51.
Vehicular Wash. All vehicular washing facilities shall comply with the following:
A.
All automated washing facilities shall be in a completely enclosed building. All other car washing facilities shall be under a roofed structure which has at least two walls.
B.
Drainage water from the washing operation shall be controlled on site so that it does not flow or drain onto berms, streets or other property.
C.
A stacking area shall be required on the lot for automobiles accessible to the end of the automated washing facilities. Such stacking areas shall be able to accommodate the number of vehicles equal to the maximum hourly processing capability of the automated washing facility. Such information shall be provided to the Borough as part o f the application for the use.
D.
An area beyond the exit end of the building housing the washing equipment sufficiently large enough to accommodate 25% of the maximum hourly processing capability provided for the aforesaid vehicular car wash.
E.
The facility shall be connected to public sanitary sewer facilities.
F.
A traffic impact study is required.
52.
Other Uses Not Specifically Listed as Permitted, Special Exception Uses or Conditional Uses.
A.
Uses which are not specifically listed as permitted, conditional uses or special exceptions in any zoning district may be authorized in the I-1 District by the Council of Manor Borough Board as conditional uses.
B.
In order to obtain a conditional use under this section, the applicant bears the burden of establishing the following to the satisfaction of Council:
(1)
The proposed use must be fully consistent and in harmony with the purpose of the district in which it will be located.
(2)
The impact of the use on the environment and adjacent streets is equal to or less than any use specifically permitted as a permitted or conditional use in the subject district.
(3)
In determining the impact on the environment and adjacent properties, Council shall consider such development characteristics as the number of employees, the floor area of the proposed building devoted to the proposed use, the type of products involved, the materials, equipment or services involved, the magnitude of walk-in trade, traffic generation, parking demand, environmental impacts, and any other information that the Board determines will aid in determining the impact of the use.
(4)
The proposed use shall comply with the express standards and criteria of the zoning district in which the use is to be located and all other requirements of this chapter and the Borough subdivision and land development regulations.
(5)
The proposed use shall be in accordance with the community development objectives of this chapter.
C.
Prior to the public hearing before Borough Council, the applicant shall submit all studies, documents and testimony which the applicant wishes to be considered in connection with the conditional use application, for review and recommendation by the Borough Planning Commission.
D.
When granting a conditional use pursuant to this section, Council may impose any reasonable conditions it believes are necessary to ensure compliance with this chapter and the Borough subdivision and land development regulations.