Manor City Zoning Code

Adult arcades.

Adult bookstores.

Adult cabarets.

Adult motels.

Adult motion picture theaters.

Adult theaters.

Escort agencies.

Nude model studios.

Sexual encounter centers and/or swinger's clubs.

Any person who operates a sexually oriented business without a valid permit issued by the Borough is guilty of a violation of this chapter.

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.

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.

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.

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:

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.

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.

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.

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.

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.

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.

Violated or is not in compliance with any section of this Part;

Refused to allow an inspection of the sexually oriented business premises as authorized by this chapter; or

Knowingly permitted gambling by any person on the sexually oriented business premises.

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.

The Zoning Officer shall revoke a permit if he/she determines that:

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.

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:

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:

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.

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 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.

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.

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.

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.

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.

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.

The uses associated with agricultural conversions shall not be conducted on less than 10 acres of land.

The uses associated with agricultural conversion must be conducted by the owner of the property, their lessees or agents.

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:

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.

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.

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.

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.

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.

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.

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.

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.

The use must comply with those area and bulk regulations for multifamily dwellings for the zoning district in which it is located.

Habitable space shall not be less than 640 square feet per dwelling unit.

Apartment buildings shall be limited to a maximum of 32 units per building.

All buildings shall be oriented to face the street and meet the minimum front yard setbacks for the district.

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.

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.

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).

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.

The usable open space area may be calculated as part of the minimum 25% required open space to be preserved on the site.

The following areas shall not be allowed as part of the calculation of common open space.

Pedestrian access to common open space shall occur within 500 feet of every building unit within the development.

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:

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.

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.

Intent. These standards are intended to achieve the following purposes:

Building Length. The maximum length of a multifamily residential building shall be 200 feet.

Building and Mass Form.

Front yard: 50 feet minimum.

Side yard: 50 feet minimum.

Rear yard: 50 feet minimum.

Street frontage: 100 feet.

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.

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.

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.

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.

A commercially reasonable agreement could not be reached with the owners of such structures.

The outdoor play area shall adjoin the building where the child daycare facility is located.

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.

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.

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.

Minimum dimensions of discharge and pick-up areas shall measure eight feet by 55 feet.

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.

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.

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.

Stacking areas shall be a minimum of 12 feet in width and 20 feet in length for each vehicle.

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.

The number of stacking spaces required shall be determined in accordance with the following schedule:

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.

Fowl and pigs shall not be permitted on lots having an area less than two acres.

No vehicles or farm machinery shall be stores within 20 feet of any public right-of-way.

Accessory farm buildings shall not be erected within 100 feet of a neighboring property.

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.

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.

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.

They are erected at least 75 feet back from the nearest edge of the roadway service.

They are used exclusively for the sale of agricultural products grown in the Borough.

A current peddler's license is clearly displayed on the premises.

Parking space is provided off the road right-of-way.

No permanent sign is erected.

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.

Agricultural buildings shall not be erected within 100 feet of a neighboring property;

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;

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;

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;

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;

When constructed in an R-1 Rural Residential District, agricultural structures shall comply with the following area and bulk requirements:

When constructed in an A-1 Agricultural Zoning District, agricultural structures shall comply with the following area and bulk requirements:

Not substantially impair the value of other property in the neighborhood;

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;

Be compatible in its nature and intensity, with the character of the zoning district and neighborhood;

Not be injurious to the health, safety and welfare of the surrounding community or the public interest;

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

Be occupied by not more than four occupants.

Camps (for minors' activity);

Childcare or daycare facilities;

Churches and similar places of worship;

Community centers;

Libraries;

Museums;

Parks;

Playgrounds;

Schools; and/or

Other lands or places where minors congregate.

The character of the halfway house;

The policies and goals of the halfway house, and the means proposed to accomplish those goals;

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

The operating methods and procedures to be used; and

Any other facts relevant to the proposed operation of the hallway house.

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.

The home occupation shall not include or require any external alteration of the structure.

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.

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.

No facilities, equipment or materials which are dangerous or incompatible with the residential environment on the property shall be used.

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.

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.

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.

The home occupation shall not emit smoke, fumes, odors, dust, noise, vibration, glaring light, visual blight or pollution of any kind.

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.

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.

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.

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.

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.

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.

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.

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.

Same are constructed on a permanent masonry foundation comprised of concrete block or poured concrete;

Disconnected from any chassis, wheels or other device used to transport same;

Connected to all required utilities; and

Comply with the area, size, height and other setback regulations for the zoning district in which they are constructed.

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.

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.

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.

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.

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.

A zoning permit may be suspended or revoked for not complying with the requirements of this section or any other ordinances or laws.

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.

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.

A mobile food vendor shall not conduct sales in congested areas where the operation impedes vehicular or pedestrian traffic.

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.

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.

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.

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.

A five-foot clear space shall be maintained around the mobile food vending unit at all times.

No mobile food vendor shall be allowed to conduct food sales in the public road right-of-way.

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.

All areas must be cleaned following each sales period within a minimum of 20 feet of the sales location.

Wastewater will not be allowed to drain on the ground or public roadway or be deposited into any sewer drain outlet.

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.

The provisions of the Borough noise ordinance must be met during all periods of operation.

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.

The hood shall be maintained and tested annually by an independent extinguisher company.

All compressed gas fuel cylinders shall be shielded and secured as required by the International Fire Code.

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.

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.

Private, not-for-profit or neighborhood mobile food vending (i.e., lemonade stands, fundraising sales) are exempt from the requirements of this chapter.

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.

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.

Name, address and phone number, including 24-hour emergency number for at least two persons responsible for drilling operations.

As-built facilities plan.

First responders plan for potential emergencies, including, but not limited to, explosions, fires, geological activity, flooding or pipe rupture.

Specific emergency preparedness plan for all potential hazardous scenarios.

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;

The storage, transportation and removal of gas, hydrocarbons, fracturing fluids, waste products and other items from the well site; and

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.

A church;

A public or private pre-elementary, elementary or secondary school;

A public library;

A childcare facility or nursery school;

A public park; and/or

A child oriented business.

The proposed use must be fully consistent and in harmony with the purpose of the district in which it will be located.

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.

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.

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.

The proposed use shall be in accordance with the community development objectives of this chapter.