Monroeville, PA Zoning Ordinance

An application for conditional use approval shall be filed with the Zoning Officer, on forms prescribed by the Municipality, at least 30 days prior to the date of the regular meeting of the Planning Commission. A conditional use application shall not be considered administratively complete until all items required by this article, including the application fee and deposit, have been received by the Municipality;

The Zoning Officer shall review the application to determine whether the applicant has submitted all materials required by this article. If all such materials have not been submitted by the applicant, then the Zoning Officer shall reject the application as administratively incomplete and shall notify the applicant, in writing, citing the specific deficiencies and the specific requirements of this article that have not been met;

Within 15 days of receipt of an administratively complete application, the Zoning Officer shall submit one copy of the application and any materials submitted therewith to the Municipal Engineer and any Municipal staff and professional consultants deemed necessary by the Municipality;

The Zoning Officer shall submit one copy of an administratively complete application and any materials submitted therewith to each member of the Planning Commission;

The Planning Commission shall review the application and forward its recommendation to Council within 30 days unless the petitioner agrees in writing to a time extension. Failure to act within the allotted time shall be deemed to be a favorable recommendation;

Council shall hold a public hearing, pursuant to public notice, within the times and procedures required by the MPC. The public hearing shall commence within 60 days of the filing of an administratively complete application. Public hearings shall be conducted and held in accordance with the applicable provisions of the MPC;

Council shall render a written decision on the conditional use application within 45 days of the last hearing. Where the application is contested or denied, Council's decision shall be accompanied by findings of fact and conclusions based thereon, together with any reasons therefor. Conclusions based on any provisions of this chapter or any other rule, regulation, ordinance or statute shall contain a reference to the provision relied upon and the reasons why the conclusion is deemed appropriate in light of the facts found;

In granting a conditional use pursuant to this chapter, Council may impose any reasonable conditions it believes are necessary to ensure compliance with this chapter, the Subdivision and Land Development Ordinance,[1] the Municipal Code of Ordinances and all other ordinances of the Municipality, as it otherwise deems necessary to implement the purposes of this chapter and the MPC;

Editor's Note: See Ch. 324, Subdivision and Land Development.

A copy of the final decision, or, where no decision is called for, of the findings, shall be delivered to the applicant personally or mailed to him no later than the day following the date of the decision;

All development, construction and use shall be in accordance with the approved conditional use decision and plan, unless a revised conditional use plan is submitted and approved. The approved conditional use plan shall consist of the application, as submitted, together with all its attachments and exhibits, as finally approved by Council and the conditions attached by Council. Any development contrary to the approved conditional use decision and plan shall constitute a violation of this article;

Conditional use approval shall expire automatically without written notice to the applicant if no application for subdivision and land development, zoning approval for structural alteration or erection of structures, zoning approval for occupancy and use or a grading or building permit to undertake the work described in the conditional use approval has been submitted within 24 months of said approval or as otherwise provided by applicable state law; and

Conditional use approvals, granted prior to the effective date of this chapter, shall expire automatically without written notice to the applicant if no application for subdivision and land development, zoning approval for structural alteration or erection of structures, zoning approval for occupancy and use or a grading or building permit to undertake the work described in the conditional use approval has been submitted within 24 months of the effective date of this chapter or as otherwise provided by applicable state law.

Application content.

An application for approval of a conditional use shall include the following:

One original application form completed by the applicant. If the applicant is other than the landowner, the landowner's authorization of the applicant to apply and the nature of the applicant's interest in the site shall accompany the application;

Ten full-scale copies (folded) and 10 half-scale copies of all required plans, maps and drawings; and

Fifteen copies of all other required application materials.

All applications for conditional use approval shall contain the following:

A development plan, as defined by this chapter;

A legal document verifying the applicant's legal interest in the subject property (i.e., deed, sales agreement or lease);

The application fee and deposit in an amount set from time to time by ordinance by the Municipality; and

When renovations or modifications of an existing building are contemplated, construction plans depicting the scope, nature and extent of said renovation or modifications.

§ 359-53 General standards and criteria for conditional use.

Before approving a conditional use application, Council shall determine that the proposed use complies with the following general standards and criteria, which are in addition to any other requirements in this article for a specific type of use or development:

The proposed use shall not alter the established character and use of the neighborhood or district in which it is located and will not substantially impair the use or development of adjacent properties;

The proposed use shall conform to the district and conditional use provisions and all general regulations of this chapter;

The establishment, maintenance, location and operation of the proposed use shall not be detrimental to or endanger the public health, safety, morals, comfort or general welfare;

The proposed use complies with all applicable provisions and requirements for that type of use contained in this article (unless a variance to any provision has been granted by the Zoning Hearing Board and all other applicable governmental agencies, statutes, ordinance and regulations, including, but not limited to, the Subdivision and Land Development Ordinance, the Stormwater Management Ordinance[1] and the Municipal Code of Ordinances;

Editor's Note: See Ch. 324, Subdivision and Land Development, and Ch. 319, Stormwater Management, respectively.

The proposed use shall not involve any element or cause any condition that may be dangerous, injurious, or noxious to any other property or persons, and shall comply with the performance standards of § 359-105;

The proposed use is compatible with surrounding land uses. It does not have a negative impact on the existing neighborhood or development in terms of air and water quality, noise, illumination and glare, restrictions to natural light and air circulation or other hazardous conditions that could endanger surrounding residents or impair the use of surrounding properties;

The proposed site of the conditional use is suitable in terms of topography, soil conditions and size, based on the number of projected users and the frequency of use of the proposed use;

The proposed use and site provide for safe, adequate vehicular and pedestrian access. It has access from a street capable of handling the traffic generated by the proposed use, and it will not result in undue traffic congestion and hazardous conditions on adjacent streets. The proposed use provides for safe and efficient internal circulation and sufficient off-street parking and loading;

The proposed use complies with all applicable standards and requirements for providing stormwater management and solid and toxic waste storage and disposal; and

The proposed use provides landscaping, screening and buffer yards sufficient to protect the use, enjoyment and development of adjacent properties.

§ 359-54 Specific standards and criteria for conditional use.

In addition to the general standards listed in § 359-53, the Municipality shall determine that the proposed use complies with specific standards and criteria before approval of a conditional use application.

Agricultural farm.

The minimum lot size shall not be less than 10 contiguous acres;

A parking analysis study shall be required;

The owner/operator of the facility shall incorporate all stormwater management design standards as required pursuant to the Municipality of Monroeville Stormwater Management Ordinance 2700;[1]

Editor's Note: See Ch. 319, Stormwater Management.

The owner/operator must comply with Table 359-115, Off Street Parking Requirements;

The owner/operator must comply with all governmental agencies, laws and regulations;

All mechanical equipment shall be screened from the view of adjoining properties;

All waste collection/storage areas shall be located at least 50 feet from the nearest building and shall be enclosed by a solid screen;

Agricultural sales shall be permitted, provided that:

All sales shall be conducted on the premises;

Products sold shall include only products raised, grown or produced on the farm;

Seasonal roadside stands shall be located no closer than 40 feet to any street right of way, 15 feet from all side and rear property lines, and shall be removed at the end of the growing season;

Adequate ingress, egress and traffic circulation shall be provided so that vehicles do not back onto the street right of way and do not park or stand on any street or berm;

A maximum of two signs may be located on the premises, and each sign shall not be greater than 32 square feet in size and shall be removed at the end of the growing season;

Seasonal activities such as, hay rides, spring and fall festivals must comply with the Municipal Special Events Policies and Procedures Ordinance.[2]

Editor's Note: See Ch. 156, Amusements and Special Events, Art. I, Special Events Policies and Procedures.

All mechanical equipment shall be screened from the view of adjoining properties;

All waste collection/storage areas shall be located at least 50 feet from the nearest building and shall be enclosed by a solid screen;

Animal husbandry shall be permitted, provided that:

The keeping and raising of livestock on parcels 10 acres in area (or larger) shall be subject to the rules and regulations of the Pennsylvania Department of Agriculture;

The raising of garbage-fed pigs and ferrets is not permitted;

The raising of animals for fur or skins shall not permitted; and

Riding academies, livery or boarding stables is not included in this use.

Stables shall be permitted, provided that:

All stables or other buildings used for the sheltering, keeping, raising or feeding of horses or livestock shall be located at least 200 feet from all property lines;

All grazing and pasture areas shall be adequately fenced to enclose the animals and protect adjacent property. No grazing shall be permitted within 10 feet from all property lines. Exercising of horses shall not be permitted on public streets or public lands;

The number of horses maintained in a private stable shall be limited to one horse for the first five acres, and one additional horse for each additional acre up to 10 acres, not to exceed a total of six horses; and

Storage of manure, odor or dust producing substances shall be located at least 200 feet from all property lines;

All mechanical equipment shall be screened from the view of adjoining properties;

All waste collection/storage areas shall be located at least 50 feet from the nearest building and shall be enclosed by a solid screen.

Alcohol treatment facility.

See "substance abuse facility."

Amusement use.

A traffic impact study and a parking demand analysis shall be required;

The site shall have frontage on and direct vehicular access to a public road;

Ingress, egress, and internal traffic circulation shall be designed to minimize congestion during peak usage of the facility;

A landscaped strip shall screen all property lines, which adjoin residential uses or residential zoning districts, at least 50 feet in depth, which shall be comprised of a combination of high-level and low-level plantings. Such screening shall be a minimum of six feet in height for high-level and two feet in height for low-level plants at the time of installation. Existing vegetation shall be used to meet these criteria at the discretion of the Municipality;

The private living areas and associated open spaces of all adjacent residential properties shall be effectively screened as per § 359-95;

No direct beams or rays of light from exterior lighting fixtures, signs or vehicles maneuvering on the development site, shall be permitted to shine into the private living areas and associated open spaces of adjacent residential properties;

Access for the site shall be provided from nonresidential streets;

Location of buildings and structures, traffic circulation, and parking lots shall be designed to provide adequate access for emergency medical vehicles and firefighting equipment.

All mechanical equipment shall be screened from the view of adjoining properties;

All waste collection/storage areas shall be located at least 50 feet from the nearest building and shall be enclosed by a solid masonry screen wall.

Apartment.

A traffic impact study shall be required;

Parking spaces shall be located no more than 300 feet from the primary entrance of the apartment building;

Where two or more buildings exist on the same lot, the minimum distance between buildings shall be 20 feet or 50% of the height of the taller building, whichever is greater;

The primary vehicular entrance to the apartment shall have direct access to a public street;

A twenty-foot-wide fire/emergency access route shall be provided around the perimeter of each building;

All mechanical equipment shall be screened from the view of adjoining properties;

All off-street parking areas adjacent to a single-family dwelling or property in any residential zoning district shall be screened by a minimum six-foot-high compact evergreen hedge; and

All waste collection/storage areas shall be located at least 50 feet from the nearest building and shall be enclosed by a solid masonry screen wall.

Assisted living facility. Also see "continuing care facility," "hospice," "nursing home facility," and "skilled nursing facility."

A traffic impact study shall be required;

An assisted living facility shall be located on property, which consists of one or more lots and contains a minimum of one acre. If more than one lot or parcel is used, they must be contiguous. An assisted living facility occupying more than one lot or parcel shall obtain subdivision approval consolidating such lots;

All structures shall be set back a minimum of 40 feet from all property lines;

The site shall have frontage on and direct vehicular access to a public road;

Shall not be approved unless plans prepared by an architect or engineer are submitted which clearly indicate that adequate light, ventilation and fireproofing are provided;

The dwelling facility and its accommodations shall be functional and convenient with regard to the specific needs of the group to be housed in the facility;

Shall be approved only after Council has found that plans and programs for management of the dwelling are adequate and appropriate to the population to be housed and that adequate provisions have been made to assure the safety and welfare of the residents of the facility and of the adjacent neighborhood;

All mechanical equipment shall be screened from the view of adjoining properties;

The lot coverage by all principal and accessory buildings shall not exceed 40%;

Ingress, egress, and internal traffic circulation shall be designed to ensure access by emergency vehicles;

The parking and circulation plan shall be referred to the Fire Official for comments regarding traffic safety and emergency access;

The applicant shall file a detailed statement of intent describing the proposed use of the building, in which the statement shall detail the proposed number and nature of the anticipated occupants;

Shall be in compliance with the Pennsylvania Department of Health, Department of Public Welfare, and Department of Mental Health standards applicable at the time of issue of license, and with the latest revision of licensing requirements. A license or certification shall be obtained from all appropriate governmental agencies prior to the issuance of an occupancy permit;

A certificate of occupancy shall be required before any unit may be occupied;

Any change in the conditions of original approval shall constitute a new use and the full procedure for obtaining approval of the conditional use shall be required;

All waste collection/storage areas shall be located at least 50 feet from the nearest building and shall be enclosed by a solid masonry screen wall.

Athletic facility.

See "day spa," "fitness center," "gymnasium," "membership club," "recreational facility," and "sports facility."

A traffic impact study shall be required;

Shall not be located on lots of less than 10,000 square feet;

Shall have yards of not less than 25 feet;

Such recreational facility will be a benefit or convenience to the neighboring residents of the Municipality;

Such recreational facility will not cause any potentially detrimental effect on surrounding property values;

Such recreational facility will not cause any potential disruption or nuisance of or to adjacent lots or residences;

Any proposed recreational facility will not cause any detrimental effect to the public health, safety, morals, or general welfare of the Township residents; and

Any proposed recreational facility will not interfere or be inconsistent with the residential character of any residential districts or residential uses;

All mechanical equipment shall be screened from the view of adjoining properties;

All waste collection/storage areas shall be located at least 50 feet from the nearest building and shall be enclosed by a solid masonry screen wall.

Banquet hall.

A traffic impact study shall be required;

Off-street parking requirements may be reduced upon satisfactory demonstration by the applicant that fewer than the number of parking spaces required by Table 359-115 will be required for the proposed community;

Building design and location shall permit ready accessibility by emergency vehicles;

All mechanical equipment shall be screened from the view of adjoining properties;

All waste collection/storage areas shall be located at least 50 feet from the nearest building and shall be enclosed by a solid masonry screen wall;

Banquet halls, including all fixtures, tents and parking, shall be set back at least 50 feet from all property lines.

Billboard and/or outdoor advertising sign.

A billboard and/or outdoor advertising sign shall be deemed a principal structure and shall be located on its own individual lot and shall meet the minimum front, side and rear yard requirements applying to a principal use as set forth within that zoning district in which the billboard is to be located. Additionally, no billboard and/or outdoor advertising sign shall be erected within 500 feet of any residential or conservancy zoning district and shall not be within 750 feet of the property line for any public or private school, park, library, church or other place of worship;

The maximum lot coverage as specified in § 359-22 of this chapter shall apply to any lot upon which a billboard and/or outdoor advertising sign is located and shall be cumulative including any other structures and buildings on the same lot herewith;

A billboard and/or outdoor advertising sign shall be constructed with a light located at the top and directed downwards to the ground designed to place their light outlay only on the face of the billboard or outdoor advertising sign and shall not project past the sign onto adjoining properties or roadways. A photometric plan shall be required for review by the Municipality;

Any billboard and/or outdoor advertising sign using removable paper or other materials shall be maintained in such condition as to eliminate loose or frayed material protruding or hanging or falling from the structure;

Billboard and/or outdoor advertising signs shall be permitted as a conditional use in the C-2, Commercial Zoning District subject to the requirements in this section;

Location of billboard and/or outdoor advertising signs.

A billboard and/or outdoor advertising sign shall not be erected within the following:

Within 500 feet of the boundary line of a residential or conservancy zoning district;

Within 750 feet of the boundary line any public or private school property, park, library or place of worship; and

Within 100 feet of a public right of way.

The minimum front, side and rear yard requirements applying to a principal use as set forth within the zoning district in which the billboard and/or outdoor advertising sign is to be located shall apply to each billboard and/or outdoor advertising sign;

No billboard and/or outdoor advertising sign shall be erected in such a manner as to block the view from the road, street or driveway or of any existing sign, residential or nonresidential structure, or limit or reduce the limit and ventilation requirements under the Pennsylvania Uniform Construction Code (PA UCC);

No billboard and/or outdoor advertising sign shall be constructed within the clear sight triangle of a public street, road or roadway on which it is situated and shall not in any case obstruct or impede traffic safety;

A billboard and/or outdoor advertising sign shall maintain a lateral minimum spacing of 750 feet between it and another billboard and or outdoor advertising sign. The required spacing shall be measured from a point perpendicular to the center most point of the billboard and/or outdoor advertising sign to the front line, parallel to the property line, or center line of the roadway which the billboard and/or outdoor advertising sign is oriented; and

No billboard and/or outdoor advertising sign shall be mounted or painted on a roof, wall or other part of a building or structure.

Size and height of billboard and/or outdoor advertising signs.

A billboard and/or outdoor advertising sign shall have a maximum allowable gross surface area of 150 square feet per sign face;

The billboard and/or outdoor advertising sign and/or sign faces may be placed back-to-back or in a V-shaped configuration (having an interior angle of 90° or less) on a single pole;

A billboard and/or outdoor advertising sign may have a maximum of two sign faces per structure. However, the gross surface area of each sign face shall not exceed 150 square feet;

The billboard and/or outdoor advertising sign's maximum dimension shall not exceed 10 feet in height and 15 feet in width. Said total height and total length will be measured from the outside dimensions of the billboard and/or outdoor advertising sign; and

A billboard and/or outdoor advertising sign shall have a maximum height above the roadway from which they are intended to be viewed of 24 feet as measured from the top of the curb closest to the street to which it faces. However, the height of a billboard shall be measured from the grade around its foundation to the top of the structure.

Construction standards of billboard and/or outdoor advertising signs.

Billboard and/or outdoor advertising signs shall be constructed in accordance with applicable provisions of the currently adopted Pennsylvania Uniform Construction Code and amendments and shall be designed by a qualified engineer licensed in the Commonwealth of Pennsylvania. Plans shall include the submission of calculations on the structure and foundation;

Any billboard and/or outdoor advertising sign structure shall have a maximum of one vertical support which shall be a maximum of three feet in diameter, or width, and without bracing or vertical support;

A billboard and/or outdoor advertising sign structure face shall be independently supported and have vertical supports of metal which are galvanized or otherwise treated to prevent rust and corrosion;

The one vertical support shall be capable of enabling the entire sign face to be able to withstand a minimum of 100 miles per hour wind load;

The base shall be installed using a foundation and footing designed and certified by a qualified engineer licensed in the Commonwealth of Pennsylvania and shall be submitted to the Municipality with the application for conditional use;

A billboard and/or outdoor advertising sign shall be permanently landscaped around its foundation with year-round shrubbery of minimum height of three feet placed in such a manner as to screen the foundation of the structure. Evergreen trees of a minimum height of five feet shall be placed at the side and rear perimeter;

Permanent landscaping shall form a solid barrier and/or backdrop to the billboard and/or outdoor advertising sign when practical in the opinion of the Zoning Officer;

Landscaping shall be maintained by the sign owner in an attractive and healthy manner in accordance with accepted conservation practices and Municipal Ordinances;

All curbs and grading shall be in accordance all Municipal codes and ordinances;

No bare cuts are permitted on a hillside;

All cuts and fills shall be permanently seeded or planted and maintained in accordance with Municipal codes and ordinances;

Any billboard and/or outdoor advertising sign with display lighting shall comply with § 359-105F, Lighting and glare. A photometric plan shall be submitted for review for compliance;

No billboard and/or outdoor advertising sign, sign face or display lighting shall move, flash or emit noise. No display lighting shall cause distraction, confusion, nuisance or hazard to traffic, aircraft or other properties;

The use of colored lighting is not permitted;

A building permit and certified electrical inspection are required; and

Display lighting shall not operate between 12:00 midnight and 6:00 a.m. prevailing local time.

Maintenance of billboard and/or outdoor advertising signs.

Any billboard and/or outdoor advertising sign shall be constructed with noncombustible material and maintained in a good condition;

Any billboard and/or outdoor advertising sign shall be entirely painted every three years;

Any nonfunctioning bulb, pixel, or component shall be promptly replaced;

Every 10 years, the owner of the billboard and/or outdoor advertising sign shall have a structural inspection of the structure by a qualified professional engineer licensed by the Commonwealth of Pennsylvania. The professional engineer shall provide to the Municipality a certificate certifying that the billboard and/or outdoor advertising sign is structurally sound; and

Annual inspections of the billboard and/or outdoor advertising sign shall be conducted by the Municipality to determine compliance with provisions of this article. Any sign found to be in an unsafe condition upon inspection by the Zoning Officer, or his/her designee, shall be declared to be a public nuisance and a notice shall be given to the owner, in writing to repair or remove the sign within in 30 days after receiving written notice from the Zoning Officer. Upon failure of the owner to comply, the Municipality shall remove the sign at the owner's expense and a lien shall be placed on the property.

Permit required for billboard and/or outdoor advertising signs.

Prior to submission of an application for a building permit, the applicant shall receive conditional use approval from Municipal Council and shall comply with all conditions of said approval.

The applicant shall also receive approval from all appropriate governmental agencies prior to the submission of a building permit application. A building permit application shall be accompanied by an application fee in the amount equal to that set by resolution by the Municipality.

Nonconforming billboard and/or outdoor advertising sign. Any billboard and/or outdoor advertising sign which does not conform to the requirements of this section shall not be enlarged or moved unless the billboard and/or outdoor advertising sign complies with all provisions of this chapter. Any billboard and/or outdoor advertising sign which is damaged or destroyed by more than 51% of its replacement value at the time of damage or destruction shall be reconstructed only in compliance with all provisions of this section.

Electronic billboard and/or outdoor advertising sign. No existing billboard and/or outdoor advertising sign may be converted to or replaced with an electronic sign face, nor shall any new billboard and/or outdoor advertising sign be constructed with an electronic sign face, unless it meets the size, dimension, location, construction, maintenance and all other provisions of this chapter relating to and required for new billboard and/or outdoor advertising signs herein, and provided:

The display, message or text of the electronic billboard and/or outdoor advertising sign does not change more than once every 30 seconds;

The electronic billboard and/or outdoor advertising sign does not have more than two faces. In the event an electronic billboard and/or outdoor advertising sign contains two faces, each face of the sign shall be synchronized with the other so that any copy or display changes at the same time on both faces/sides;

The square footage complies with the square footage required for standard billboard and/or outdoor advertising signs as determined by its gross surface area. The gross surface area of signs having two faces or display areas (i.e., signs having two sides or arranged at angles so they may be seen from opposing directions) shall be determined by adding all display areas together. The display area shall be equal on each side. Any electronic billboard and/or outdoor advertising sign arranged at an angle shall have an acute angle of not more than 30° between faces at any point;

The copy on the electronic billboard and/or outdoor advertising sign is controlled or controllable from a fixed location within the Municipality;

The electronic billboard and/or outdoor advertising sign does not have a display or copy which streams, rolls, pulsates, waves, flashes or contains any type of animation, movement, spinning, oscillation, scrolling or "ticker-tape" effect, background movement or any other form of motion of any other nature or kind, other than that necessary to change the fixed display or copy. In addition, the copy on any electronic sign shall not change by any form of "side-to-side," top-to-bottom" or "bottom to top" movement;

The electronic billboard and/or outdoor advertising sign is constructed and maintained on a property where no other billboard and/or outdoor advertising sign exists. An electronic billboard and/or outdoor advertising sign may be substituted for an existing billboard and/or outdoor advertising sign only if all existing billboard and/or outdoor advertising signs on the property are removed in their entirety. Electronic billboard and/or outdoor advertising signs may not be coordinated with fixed copy billboard and/or outdoor advertising signs;

No other electronic billboard and/or outdoor advertising signs or electronic signs exist within 750 linear feet in any direction from the proposed billboard and/or outdoor advertising sign;

The billboard and/or outdoor advertising sign has an automatic dimming device and is appropriately dimmed during evening hours; and

Any new billboard and/or outdoor advertising sign must obtain the same conditional use approval as a standard billboard and/or outdoor advertising sign pursuant to the terms of this chapter.

Revocation of permits. In the event the Zoning Officer shall determine that a billboard and/or outdoor advertising sign was erected in violation of any provision set forth in the permit issued for that sign or if the Zoning Officer shall determine that a billboard and/or outdoor advertising sign is in a state of disrepair or dangerous condition, then the following procedures for permit revocation shall apply:

A notice of violation shall be issued to the owner of the property upon which the billboard and/or outdoor advertising sign is located and, if known, to the actual owner of the billboard and/or outdoor advertising sign specifically identifying the violation and establishing a term of not more than 30 days for the violation to be remedied;

If the owner does not take remedial action within the time period specified in the notice of violation, then the permit shall be revoked by the determination of the Zoning Officer and the billboard and/or outdoor advertising sign shall be removed. The owner may appeal the notice of violation by filing a request for hearing by Municipal Council within the time specified for remedial action and by payment of an application fee equal to the amount then being assessed by the Municipality for conditional use applications;

In the event of an appeal, Council shall advertise and hold a hearing under the guidelines set forth for conditional use applications and thereafter issue a written decision; and

If the owner fails to take the required remedial action or to file an appeal as permitted herein, the Municipality may pursue any and all enforcement options available under this chapter, at law or in equity.

Brewery (micro-brewery/taproom/pubhouse).

A traffic impact study shall be required;

A brewpub or a brewery must provide that all shipping traffic must have adequate access to an arterial or collector street and cannot be required to travel through a residential neighborhood on local streets;

Brewpubs must maintain at least 15% of the gross floor area or 500 square feet of floor space, whichever is greater, for public use as a tavern and/or restaurant use;

Brewpubs may not exceed 4,000 square feet of gross floor area;

Brewpubs may not exceed an annual production of 15,000 barrels, all beverages totaled. Brewpubs are required to be able to demonstrate, upon request of the Zoning Officer, that they have not exceeded the 15,000 barrel annual limit in any twelve-month period;

All mechanical equipment shall be screened from the view of adjoining properties;

All waste collection/storage areas shall be located at least 50 feet from the nearest building and shall be enclosed by a solid masonry screen wall;

Outdoor speakers shall be permitted for emergency announcements and crowd control only. Events may not be broadcast to the exterior of the building;

Breweries may not exceed 15,000 square feet in gross floor area; and

All truck parking and loading docks or areas must be screened with landscaping.

Casino.

A traffic impact study shall be required;

The owner/operator of the facility shall incorporate all stormwater management design standards as required pursuant to the Municipality of Monroeville Stormwater Management Ordinance 2700;[3]

Editor's Note: See Ch. 319, Stormwater Management.

The owner/operator must comply with Table 359-115, Off Street Parking Requirements;

The owner/operator must comply with all governmental agencies, laws and regulations;

The site shall have frontage on and direct vehicular access to a public road;

Ingress, egress, and internal traffic circulation shall be designed to minimize congestion during peak usage of the facility;

The private living areas and associated open spaces of all adjacent residential properties shall be effectively screened as per § 359-98;

Location of buildings and structures, traffic circulation, and parking lots shall be designed to provide adequate access for emergency medical vehicles and firefighting equipment;

Access for the site shall be provided from nonresidential streets;

All mechanical equipment shall be screened from the view of adjoining properties;

Shall be located on lots with a minimum of five acres in size; shall have side and rear yards of not less than 20 feet when abutting nonresidential zoning districts, and 50 feet when abutting any R or S Zoning District;

All waste collection/storage areas shall be located at least 50 feet from the nearest building and shall be enclosed by a solid masonry screen wall;

Casinos shall not utilize outdoor speakers or generate noise in excess of the limits otherwise permitted by this chapter;

Outdoor speakers shall be permitted for emergency announcements and crowd control only. Events may not be broadcast to the exterior of the building;

A casino shall not create an enticement for minors because of its proximity to nearby uses where minors may congregate, including but not limited to schools, churches, or libraries.

Cemetery.

Also see "funeral home";

Minimum lot area - five acres. Any building or area used for storage of equipment shall be setback a minimum of 50 feet from any lot in a residential district;

No grave sites shall be placed within 20 feet of any lot line or within 20 feet of a street right-of-way or an interior driveway through the cemetery;

No grave site shall be placed where wetlands exist or are suspected;

No crematoriums shall be operated within 1,000 feet of a residential dwelling;

Expansion and/or establishment of cemeteries must be in conjunction with and adjacent to existing cemeteries or religious facilities;

Adequately funded programs and provisions which meet the approval of the Municipal Solicitor shall be provided to guarantee perpetual care of all cemetery grounds. This provision shall apply to existing cemeteries for which expansions are proposed;

No loading or unloading shall be permitted on public right-of-way;

No parking or standing of motor vehicles shall occur on adjoining streets other than passenger automobiles when funeral processions are being organized;

All mechanical equipment shall be screened from the view of adjoining properties;

All waste collection/storage areas shall be located at least 50 feet from the nearest building and shall be enclosed by a solid masonry screen wall;

All garages, equipment shelters, offices and similar structures shall be screened from adjacent streets and residential properties by appropriate planting or fences approved by Council on the basis of design, aesthetic quality and general adequacy; and

All equipment shall be properly stored when not in use.

Child care center (principal use).

Child care center as an accessory use to a residential use requires a use variance or special exception;

A day-care center or preschool facility, if sited on the premises of an operating community service facility or religious institution shall be considered accessory to the principal use of the property concerned;

A traffic impact study shall be required;

Shall not be located on lots of less than 8,000 square feet;

Ingress, egress, and internal traffic circulation shall be designed to minimize congestion during peak usage of the facility;

A minimum of one on-site parking space shall be provided for each 300 square feet of floor area dedicated to child care;

Proof of a valid license to operate child care facilities issued by the Pennsylvania Department of Public Welfare shall be provided to the Municipality prior to the issuance of an occupancy permit by the Municipality for the use;

Activities shall be limited to functions normally associated with part-time tending of children and shall not include overnight or drop-in care;

All mechanical equipment shall be screened from the view of adjoining properties;

All waste collection/storage areas shall be located at least 50 feet from the nearest building and shall be enclosed by a solid masonry screen wall.

Exterior open space shall be provided (suitable to the age groups being served), being usable and accessible only for the children pursuant to regulations issued by the Pennsylvania Department of Public Welfare. In addition, the outdoor play area shall meet the following requirements:

The recreation or outdoor play area shall be no closer than 30 feet to an abutting private/public street or property line;

The outdoor play space shall be completely enclosed by a safe and adequate fence or wall a minimum of four feet in height with a self-latching gate;

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;

Outdoor play shall be limited to the hours between dawn and dusk, prevailing local time;

A visual buffer yard shall be installed between the child care facility and other nonresidential uses;

No permanently installed play equipment shall be located in any front yard; and

The Outdoor play areas must meet all applicable requirements of the Americans with Disabilities Act.[4]

Editor's Note: See 42 U.S.C. § 12101 et seq.

Safe vehicular access and areas for discharging and picking up children shall be provided in the following manner:

Minimum dimensions of discharge and pick-up areas shall measure 10 feet in width and 50 feet in length;

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 and complete the discharge and pickup without obstructing or interfering with the use of any public right-of-way, any parking space, or parking lot aisle; and

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 any off-street parking area be used to satisfy the area requirements for discharge and pick-up areas. All off-street discharge and pickup areas shall be separated from walkways, sidewalks, parking lot aisles, streets, and alleys by curbing or other protective devices as approved by the Municipality.

Child care centers shall be located a minimum of 2,000 feet apart from each other; and

Child care centers shall be located a minimum of 2,000 feet from any existing sexually oriented business.

Cigar bar (also include some of the items from marijuana dispensary).

No person shall conduct, engage in, or operate in any manner a cigar bar within the Municipality without having first obtained a business license from the Monroeville Tax Office.

The business license, as provided for in this article, shall be prominently displayed on the premises of the cigar bar.

Any license issued pursuant to this section is nontransferable to another person, entity, location or premises a cigar bar.

The location of the cigar bar shall meet the requirements of this chapter and the Zoning use chart.[5]

Editor's Note: See § 359-34.

Cigar bars shall comply with the requirements of the most currently adopted version of the International Building Code in regard to ventilation and exhaust.

Complaints received by the Municipality from patrons or adjacent property owners shall require an inspection of the premises to verify that the mechanical code is being adhered to and has the correct exhaust, ventilation and filters standards are being followed.

Failure to comply with these requirements may result in the issuance of citations.

All mechanical equipment shall be screened from the view of adjoining properties.

All waste collection/storage areas shall be located at least 50 feet from the nearest building and shall be enclosed by a solid masonry screen wall.

Commercial communication tower.

Purposes and findings of fact.

The purpose of this subsection is to establish uniform standards for the siting, design, permitting, maintenance, and use of wireless communications facilities in Monroeville Municipality (referred to herein as the "Municipality"). While the Municipality recognizes the importance of wireless communications facilities in providing high quality communications service to its residents and businesses, the Municipality also recognizes that it has an obligation to protect public safety and to minimize the adverse visual effects of such facilities through the standards set forth in the following provisions;

By enacting these provisions, the Municipality intends to:

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

Provide for the managed development of wireless communications facilities in a manner that enhances the benefits of wireless communication and accommodates the needs of both Municipality residents and wireless carriers in accordance with federal and state laws and regulations;

Establish procedures for the design, siting, construction, installation, maintenance and removal of both commercial communication towers and commercial communication antennas in the Municipality, including facilities both inside and outside the public rights-of-way;

Address new wireless technologies, including but not limited to, distributed antenna systems, data collection units, and other wireless communications facilities;

Minimize the adverse visual effects and the number of such facilities through proper design, siting, screening, material, color and finish, and by requiring that competing providers of wireless communications services co-locate their commercial communication antenna and related facilities on existing towers; and

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

General and specific requirements for commercial communication antennas.

The following regulations shall apply to all commercial communication antennas:

Permitted by conditional use subject to regulations. commercial communication antennas shall be located on municipally owned poles and traffic lights. If such placement is not possible, commercial communication antennas are permitted by conditional use in all zones subject to the restrictions and conditions prescribed below and subject to applicable permitting by the Municipality;

Nonconforming wireless support structures. Commercial communication antennas shall be permitted to co-locate upon nonconforming commercial communication towers and other nonconforming structures. Co-location of WCF upon existing commercial communication towers is encouraged even if the commercial communication towers is nonconforming as to use within a zoning district;

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

Wind. All commercial communication antennas structures shall be designed to withstand the effects of wind gusts of at least 100 miles per hour in addition to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSI/TIA-222, as amended);

A commercial communication tower shall be securely anchored in a fixed location on the ground. Plans submitted showing a cross section of the proposed structure, structural compliance with municipal codes documenting that the proposed structure meets or exceeds those standards, and documentary evidence from a professional engineer shall be provided, that the proposed structure will withstand wind, storm, ice, lightning and other natural forces. Additionally, documentation shall be provided by a professional engineer demonstrating that the commercial communication tower is structurally capable of handling antennas, dishes and other equipment mounted or attached to the commercial communication tower, and what the maximum load limits are for that structure;

An environmental impact statement shall be submitted with any conditional use application describing the effects that the proposed commercial communication tower and related equipment will have on the environment and surrounding area, including, but not limited to effects on human health, scenic views, air traffic or other impacts as determined by the zoning officer;

Aviation safety. Commercial communication antennas shall comply with all federal and state laws and regulations concerning aviation safety;

Public safety communications. Commercial communication antennas shall not interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties;

Radio frequency emissions. A commercial communication antennas shall not, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards and regulations of the FCC, including but not limited to, the FCC Office of Engineering Technology Bulletin 65, entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended;

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

All abandoned or unused WCFs and accessory facilities shall be removed within two months of the cessation of operations at the site unless a time extension is approved by the Municipality;

If the WCF or accessory facility is not removed within two months of the cessation of operations at a site, or within any longer period approved by the Municipality, the WCF and/or associated facilities and equipment may be removed by the Municipality and the cost of removal assessed against the owner of the WCF;

Insurance. Each person that owns or operates a commercial communication antenna shall provide the Municipality with a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the commercial communication antenna;

Indemnification. Each person that owns or operates a commercial communication antenna shall, at its sole cost and expense, indemnify, defend and hold harmless the Municipality, its elected and appointed officials, employees and agents, at all times against any and all claims for personal injury, including death, and property damage arising in whole or in part from, caused by or connected with any act or omission of the person, its officers, agents, employees or contractors arising out of, but not limited to, the construction, installation, operation, maintenance or removal of the commercial communication antenna. Each person that owns or operates a commercial communication antenna shall defend any actions or proceedings against the Municipality in which it is claimed that personal injury, including death, or property damage was caused by the construction, installation, operation, maintenance or removal of a commercial communication antenna. The obligation to indemnify, hold harmless and defend shall include, but not be limited to, the obligation to pay judgments, injuries, liabilities, damages, reasonable attorneys' fees, reasonable expert fees, court costs and all other costs of indemnification;

Maintenance. To the extent permitted by law, the following maintenance requirements shall apply:

The commercial communication antenna shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair;

Such maintenance shall be performed to ensure the upkeep of the facility in order to promote the safety and security of the Municipality's residents; and

All maintenance activities shall utilize nothing less than the best available technology for preventing failures and accidents;

The following regulations shall apply to all collocated commercial communication antennas that do not substantially change the physical dimensions of the wireless support structure to which they are attached, or otherwise fall under the Pennsylvania Wireless Broadband Collocation Act:[6]

Permit required. WCF applicants proposing the modification of an existing commercial communication tower shall obtain a building permit from the Municipality. In order to be considered for such permit, the WCF applicant must submit a permit application to the Municipality in accordance with applicable permit policies and procedures;

Timing of approval for applications that fall under the WBCA. Within 30 calendar days of the date that an application for a commercial communication antenna is filed with the Municipality, the Municipality shall notify the WCF applicant in writing of any information that may be required to complete such application. Within 60 calendar days of receipt of a complete application, the Municipality shall make its final decision on whether to approve the application and shall advise the WCF applicant in writing of such decision. The Municipality shall notify the WCF applicant as to completeness of the WCF application within 30 days of receipt;

Related equipment. Ground-mounted related equipment greater than three cubic feet shall not be located within 50 feet of a lot in residential use or zoned residential; and

Permit fees. The Municipality may assess appropriate and reasonable permit fees directly related to the Municipality's actual costs in reviewing and processing the application for approval of a commercial communication antenna or $1,000, whichever is less.

Editor's Note: See 53 P.S. § 11702.1 et seq.

The following regulations shall apply to all commercial communication antennas that do substantially change the wireless support structure to which they are attached, or that otherwise do not fall under the Pennsylvania Wireless Broadband Collocation Act:[7]

Prohibited on certain structures. No commercial communication antenna shall be located on single-family detached residences, single-family attached residences, or any residential accessory structure;

Conditional use required. Any WCF applicant proposing the construction of a new commercial communication antenna, or the modification of an existing commercial communication antenna, shall first obtain a conditional use from the Municipality. New constructions, modifications, and replacements that do fall under the WBCA shall be not be subject to the conditional use process. The conditional use application shall demonstrate that the proposed facility complies with all applicable provisions in this chapter;

Historic buildings. No commercial communication antenna may be located upon any property, or on a building or structure that is listed on either the National or Pennsylvania Registers of Historic Places, or is listed on the official historic structures and/or historic districts list maintained by the Municipality;

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

Editor's Note: See 53 P.S. § 11702.1 et seq.

Development regulations. Commercial communication antennas shall be co-located on existing wireless support structures, such as existing buildings or commercial communication towers, subject to the following conditions:

The total height of any wireless support structure and mounted WCF shall not exceed 20 feet above the maximum height permitted in the underlying zoning district, unless the WCF applicant applies for, and subsequently obtains, a variance;

In accordance with industry standards, all commercial communication antenna applicants must submit documentation to the Municipality justifying the total height of the commercial communication antenna. Such documentation shall be analyzed in the context of such justification on an individual basis;

If the WCF applicant proposes to locate the related equipment in a separate building, the building shall comply with the minimum requirements for the applicable zoning district, and landscaping shall be required to screen as much of the equipment building as possible. An evergreen screen shall surround the site. The evergreen screen shall be a minimum height of six feet at planting;

A security fence with a minimum height of 10 feet shall surround any separate communications equipment building. Vehicular access to the communications equipment building shall not interfere with the parking or vehicular circulations on the site for the principal use; and

Noncommercial usage exemption. Municipal residents utilizing satellite dishes and antennas for the purpose of maintaining television, phone, and/or internet connections at their respective residences shall be exempt from the regulations enumerated in this section of this chapter.

Design regulations. Commercial communication antennas shall employ stealth technology and be treated to match the wireless support structure, in order to minimize aesthetic impact. The application of the stealth technology chosen by the WCF applicant shall be subject to the approval of the Municipality;

Omnidirectional or whip communications antennas shall not exceed 20 feet in height or seven inches in diameter;

Directional or panel communications antennas shall not exceed eight feet in height or three feet in width;

Cylinder-type antennas shall not exceed 10 feet in length and not exceed 12 inches in diameter and shall be of a color that is identical or similar to the color of the supporting structure to make the antenna and any related accessory equipment visually unobtrusive;

Satellite and microwave dishes shall not exceed 10 feet in diameter. Dish antennas greater than three feet in diameter shall be screened with an appropriate architectural treatment that is compatible with or integral to the architecture or building to which they are attached. This screening requirement shall not apply to dishes located upon towers;

Removal, replacement and modification:

The removal and replacement of commercial communication antennas and/or accessory equipment for the purpose of upgrading or repairing the WCF is permitted, so long as such repair or upgrade does not substantially change the overall size of the WCF or the numbers of antennas;

Any material modification to a WCF shall require notice to be provided to the Municipality, and possible supplemental permit approval to the original permit or authorization;

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

Regulations applicable to all commercial communication antennas located in the public rights-of-way;

In addition to the commercial communication antenna provisions listed in Subsection N2, the following regulations shall apply to commercial communication antennas located in the public rights-of-way:

Co-location. Commercial communication antennas in the ROW shall be co-located on existing poles, such as existing utility poles or light poles. If co-location is not technologically or economically feasible, the WCF applicant shall locate its commercial communication antenna on existing poles or freestanding structures that do not already act as wireless support structures with the Municipality's approval;

Design requirements:

WCF installations located above the surface grade in the public ROW including, but not limited to, those on streetlights and joint utility poles, shall consist of equipment components that are no more than six feet in height and that are compatible in scale and proportion to the structures upon which they are mounted. All equipment shall be the smallest and least visibly intrusive equipment feasible; and

Antenna and related equipment shall be treated to match the supporting structure and may be required to be painted, or otherwise coated, to be visually compatible with the support structure upon which they are mounted.

Time, place and manner. The Municipality shall determine the time, place and manner of construction, maintenance, repair and/or removal of all commercial communication antennas in the ROW based on public safety, traffic management, physical burden on the ROW, and related considerations. For public utilities, the time, place and manner requirements shall be consistent with the police powers of the Municipality and the requirements of the Public Utility Code;[8]

Editor's Note: See 66 Pa.C.S.A. § 101 et seq.

Equipment location. Commercial communication antennas and related equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to otherwise create safety hazards to pedestrians and/or motorists or to otherwise inconvenience public use of the ROW as determined by the Municipality. In addition:

In no case shall ground-mounted related equipment, walls, or landscaping be located within 18 inches of the face of the curb or within an easement extending onto a privately owned lot;

Ground-mounted related equipment that cannot be placed underground shall be screened, to the fullest extent possible, through the use of landscaping or other decorative features to the satisfaction of the Municipality;

Required electrical meter cabinets shall the screened to blend in with the surrounding area to the satisfaction of the Municipality;

Any graffiti on any wireless support structures or any related equipment shall be removed at the sole expense of the owner;

Any proposed underground vault related to commercial communication antennas shall be reviewed and approved by the Municipality;

Relocation or removal of facilities. Within two months following written notice from the Municipality, or such longer period as the Municipality determines is reasonably necessary or such shorter period in the case of an emergency, an owner of a WCF in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any WCF when the Municipality, consistent with its police powers and applicable Public Utility Commission regulations, shall have determined that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:

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

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

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

An emergency as determined by the Municipality.

General and specific requirements for all commercial communication towers.

The following regulations shall apply to all commercial communication towers, excluding any commercial communication tower that is less than 70 feet in height and owned and operated by a federally licensed amateur radio status operator:

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

Notice. Upon submission of an application for a commercial communication tower and the scheduling of the public hearing upon the application, the WCF applicant shall mail notice to all owners of every property within 500 feet of the proposed facility. The WCF applicant shall provide proof of the notification to the Municipality;

Conditional use authorization required. Commercial communication towers are permitted in C-2 Business Commercial, C-3 Commercial, L, Special Use, M-1 Industrial, and M-2 Planned Industrial, S Conservancy, LF Landfill and BLVD Boulevard Districts by conditional use and at a height necessary to satisfy their function in the WCF applicant's wireless communications system. No WCF applicant shall have the right under these regulations to erect a tower to the maximum height specified in this section unless it proves the necessity for such height. The WCF applicant shall demonstrate that the antenna/tower/pole for the commercial communication tower is the minimum height necessary for the service area;

Prior to Council's approval of a conditional use authorizing the construction and installation of commercial communication tower, it shall be incumbent upon the WCF applicant for such conditional use approval to prove to the reasonable satisfaction of the Council that the WCF applicant cannot adequately extend or infill its communications system by the use of equipment such as redoes, repeaters, antenna(s) and other similar equipment installed on existing structures, such as utility poles or their appurtenances and other available tall structures. The WCF applicant shall further demonstrate that the proposed commercial communication tower must be located where it is proposed in order to serve the WCF applicant's service area and that no other viable alternative location exists;

The conditional use application shall be accompanied by a propagation study evidencing the need for the proposed tower or other communication facilities and equipment, a description of the type and manufacturer of the proposed transmission/radio equipment, the frequency range (megahertz band) assigned to the WCF applicant, the power in watts at which the WCF applicant transmits, and any relevant related tests conducted by the WCF applicant in determining the need for the proposed site and installation;

The conditional use application shall be accompanied by documentation demonstrating that the proposed commercial communication tower complies with all state and federal laws and regulations concerning aviation safety;

Where the commercial communication tower is located on a property with another principal use, the WCF applicant shall present documentation to the Municipal Council that the owner of the property has granted an easement for the proposed WCF and that vehicular access will be provided to the facility;

The conditional use application shall also be accompanied by documentation demonstrating that the proposed commercial communication tower complies with all applicable provisions in this section;

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

Visual appearance and land use compatibility. Commercial communication towers shall employ stealth technology which may include the tower portion to be painted silver or another color approved by the Municipal Council, or shall have a galvanized finish. All commercial communication towers and related equipment shall be aesthetically and architecturally compatible with the surrounding environment and shall maximize the use of a like facade to blend with the existing surroundings and neighboring buildings to the greatest extent possible. The Municipal Council shall consider whether its decision upon the subject application will promote the harmonious and orderly development of the zoning district involved; encourage compatibility with the character and type of development existing in the area; benefit neighboring properties by preventing a negative impact on the aesthetic character of the community; preserve woodlands and trees existing at the site to the greatest possible extent; and encourage sound engineering and land development design and construction principles, practices and techniques;

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

The proposed antenna and related equipment would exceed the structural capacity of the existing building, structure or tower, and its reinforcement cannot be accomplished at a reasonable cost;

The proposed antenna and related equipment would cause radio frequency interference with other existing equipment for that existing building, structure, or tower and the interference cannot be prevented at a reasonable cost;

Such existing buildings, structures, or towers do not have adequate location, space, access, or height to accommodate the proposed equipment or to allow it to perform its intended function; and

A commercially reasonable agreement could not be reached with the owner of such building, structure, or tower.

Permit required for modifications. To the extent permissible under applicable state and federal law, any WCF applicant proposing the modification of an existing commercial communication tower, which increases the overall height of such WCF, shall first obtain a building permit from the Municipality. Nonroutine modifications shall be prohibited without such permit;

Gap in coverage. A WCF applicant for a commercial communication tower must demonstrate that a significant gap in wireless coverage or capacity exists in the applicable area and that the type of WCF being proposed is the least intrusive means by which to fill that gap in wireless coverage. The existence or nonexistence of a gap in wireless coverage shall be a factor in the Municipality's decision on an application for approval of commercial communication tower;

Additional antennas. As a condition of approval for all commercial communication tower, the WCF applicant shall provide the Municipality with a written commitment that it will allow other service providers to co-locate antennas on commercial communication towers where technically and economically feasible. The owner of a commercial communication tower shall not install any additional antennas without obtaining the prior written approval of the Municipality;

Wind. Any commercial communication tower structures shall be designed to withstand the effects of wind gusts of at least 100 miles per hour in addition to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSI/EIA/TIA-222), as amended;

[16]

Height. Any commercial communication tower shall be designed at the minimum functional height. In all zoning districts, the maximum height of any new commercial communication tower shall be 200 feet. An existing tower may be modified or extended to a height not to exceed a total height of 215 feet, to accommodate the collocation of additional communications antennas;

[17]

Related equipment. Either a one single-story wireless communications equipment building not exceeding 500 square feet in area, or up to five metal boxes placed on a concrete pad not exceeding 10 feet by 20 feet in area housing the receiving and transmitting equipment, may be located on the site for each unrelated company sharing Commercial Communication Antenna space on the Commercial Communication Tower;

[18]

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

[19]

Maintenance. The following maintenance requirements shall apply:

Any commercial communication tower shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair;

Such maintenance shall be performed to ensure the upkeep of the WCF in order to promote the safety and security of the Municipality's residents, and utilize the best available technology for preventing failures and accidents.

[20]

Radio frequency emissions. A commercial communication tower shall not, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards and regulations of the FCC, including but not limited to, the FCC Office of Engineering Technology Bulletin 65, entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended;

[21]

Historic buildings or districts. A commercial communication tower shall not be located upon a property, and/or on a building or structure that is listed on either the National or Pennsylvania Registers of Historic Places, or eligible to be so listed, or is included in the official historic structures and/or historic districts list maintained by the Municipality;

[22]

Signs. All commercial communication towers shall post a sign in a readily visible location identifying the name and phone number of a party to contact in the event of an emergency. The only other signage permitted on the WCF shall be those required by the FCC, or any other federal or state agency;

[23]

Lighting. No commercial communication tower shall be artificially lighted, except as required by law. If lighting is required, the WCF applicant shall provide a detailed plan for sufficient lighting, demonstrating as unobtrusive and inoffensive an effect as is permissible under state and federal regulations. The WCF applicant shall promptly report any outage or malfunction of FAA-mandated lighting to the appropriate governmental authorities and to the Municipality Manager;

[24]

Noise. Commercial communication towers shall be operated and maintained so as not to produce noise in excess of applicable noise standards under state law and the Municipality Code, except in emergency situations requiring the use of a backup generator, where such noise standards may be exceeded on a temporary basis only;

[25]

Aviation safety. Commercial communication towers shall comply with all federal and state laws and regulations concerning aviation safety;

[26]

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

[27]

Timing of approval. Within 30 calendar days of the date that an application for a commercial communication tower is filed with the Municipality, the Municipality shall notify the WCF applicant in writing of any information that may be required to complete such application. All applications for commercial communication towers shall be acted upon within 150 days of the receipt of a fully completed application for the approval of such commercial communication towers and the Municipality shall advise the WCF applicant in writing of its decision. If additional information was requested by the Municipality to complete an application, the time required by the WCF applicant to provide the information shall not be counted toward the 150-day review period;

[28]

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

[29]

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

All unused or abandoned commercial communication towers and accessory facilities shall be removed within six months of the cessation of operations at the site unless a time extension is approved by the Municipality;

If the WCF and/or accessory facility is not removed within six months of the cessation of operations at a site, or within any longer period approved by the Municipality, the WCF and accessory facilities and equipment may be removed by the Municipality and the cost of removal assessed against the owner of the WCF; and

Any unused portions of commercial communication towers, including antennas, shall be removed within six months of the time of cessation of operations. The Municipality must approve all replacements of portions of a commercial communication tower previously removed;

[30]

[31]

FCC license. Each person that owns or operates a commercial communication tower over 40 feet in height shall submit a copy of its current FCC license, including the name, address, and emergency telephone number for the operator of the facility;

[32]

Insurance. Each person that owns or operates a commercial communication tower greater than 40 feet in height shall provide the Municipality with a certificate of insurance evidencing general liability coverage in the minimum amount of $5,000,000 per occurrence and property damage coverage in the minimum amount of $5,000,000 per occurrence covering the commercial communication tower. Each person that owns or operates a commercial communication tower 40 feet or less in height shall provide the Municipality with a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering each commercial communication tower;

[33]

Indemnification. Each person that owns or operates a commercial communication tower shall, at its sole cost and expense, indemnify, defend and hold harmless the Municipality, its elected and appointed officials, employees and agents, at all times against any and all claims for personal injury, including death, and property damage arising in whole or in part from, caused by or connected with any act or omission of the person, its officers, agents, employees or contractors arising out of, but not limited to, the construction, installation, operation, maintenance or removal of the commercial communication tower. Each person that owns or operates a commercial communication tower shall defend any actions or proceedings against the Municipality in which it is claimed that personal injury, including death, or property damage was caused by the construction, installation, operation, maintenance or removal of commercial communication tower. The obligation to indemnify, hold harmless and defend shall include, but not be limited to, the obligation to pay judgments, injuries, liabilities, damages, reasonable attorneys' fees, reasonable expert fees, court costs and all other costs of indemnification;

[34]

Engineer signature. All plans and drawings for a commercial communication tower shall contain a seal and signature of a professional structural engineer, licensed in the Commonwealth of Pennsylvania; and

[35]

Financial security. Prior to receipt of a zoning permit for the construction or placement of a commercial communication tower, the WCF applicant shall provide to the Municipality financial security sufficient to guarantee the removal of the commercial communication tower. Said financial security shall remain in place until the commercial communication tower is removed.

The following regulations shall apply to Commercial Communication Towers located outside the Public Rights-of-Way:

Development regulations.

Commercial communication tower shall not be located in, or within 75 feet of, an area in which utilities are primarily located underground;

Commercial communication towers are permitted by conditional use, outside the public rights-of-way, in the following zoning districts:

C-2, Business Commercial.

C-3, Commercial.

L, Special Use.

M-1, Industrial.

M-2, Planned Industrial.

[f]

S, Conservancy.

[g]

LF, Landfill.

Sole use on a lot. A commercial communication tower shall be permitted as a sole use on a lot, provided that the underlying lot meets the minimum size specifications set forth in the Municipality Zoning Code;

Combined with another use. A commercial communication tower may be permitted on a property with an existing use, or on a vacant parcel in combination with another use, except residential, subject to the following conditions:

The existing use on the property may be any permitted use in the applicable district, and need not be affiliated with the WCF;

Minimum lot area. The minimum lot shall comply with the requirements for the applicable district and shall be the area needed to accommodate the commercial communication tower and guy wires, the equipment building, security fence, and buffer planting if the proposed WCF is greater than 40 feet in height;

Minimum setbacks. The minimum distance between the base of a commercial communication tower and any adjoining property line or street right-of-way line shall be equal to 100% of the height of the commercial communication tower or the minimum front yard setback of the underlying zoning district, whichever is greatest. Where the site on which a commercial communication tower is proposed to be located is contiguous to an educational use, child day care facility, or agriculture or residential use, the minimum distance between the base of a commercial communication tower and any such adjoining uses shall equal 250 feet, regardless of the height of the commercial communication tower, unless it is demonstrated to the reasonable satisfaction of the Council that in the event of failure the WCF is designed to collapse upon itself within a setback area less than the required minimum setback without endangering such adjoining uses and their occupants.

Design regulations.

The WCF shall employ the most current stealth technology available in an effort to appropriately blend into the surrounding environment and minimize aesthetic impact. Application of the stealth technology chosen by the WCF applicant shall be subject to the approval of the Municipality;

To the extent permissible by law, any height extensions to an existing commercial communication tower shall require prior approval of the Municipality;

Any proposed commercial communication tower shall be designed structurally, electrically, and in all respects to accommodate both the WCF applicant's antennas and comparable antennas for future users; and

Any commercial communication tower over 40 feet in height shall be equipped with an anticlimbing device, as approved by the manufacturer.

Surrounding environs.

The WCF applicant shall ensure that the existing vegetation, trees and shrubs located within proximity to the WCF structure shall be preserved to the maximum extent possible;

The WCF applicant shall submit a soil report to the Municipality complying with the standards of Appendix I: Geotechnical Investigations, ANSI/EIA-222, as amended, to document and verify the design specifications of the foundation of the commercial communication tower, and anchors for guy wires, if used.

Fence/screen.

A commercial communication tower and all equipment (including guy wires) shall be enclosed by a chain-link fence 10 feet high with three strands of anticlimbing devices on the top of the chain-link fence. The commercial communication tower shall be shielded or guarded against climbing of unauthorized personnel. Access to the site shall be restricted and remained locked. Participation in the Monroeville Municipal Fire Department Knox lock program is required to assure access to fire and emergency personnel. Any structures related to the commercial communication tower shall be equipped with a twenty-four-hour security system;

Landscaping shall be required to screen as much of a newly constructed commercial communication tower as possible. The Municipal Council may permit any combination of existing vegetation, topography, walls, decorative fences or other features instead of landscaping, if, in the discretion of the Council, they achieve the same degree of screening. Existing vegetation shall be preserved to the maximum extent possible.

An evergreen screen shall be required to surround the site. The evergreen screen shall be a minimum height of six feet at planting.

Accessory equipment:

Ground-mounted related equipment associated to, or connected with, a commercial communication tower shall be placed underground or screened from public view using stealth technologies, as described above; and

All related equipment, utility buildings and accessory structures shall be architecturally designed to blend into the environment in which they are situated and shall meet the minimum setback requirements of the underlying zoning district.

Access road. An access road, turnaround space and parking shall be provided to ensure adequate emergency and service access to commercial communication tower. The access road shall be a dust-free all-weather surface for its entire length. Maximum use of existing roads, whether public or private, shall be made to the extent practicable. Road grades shall closely follow natural contours to assure minimal visual disturbance and minimize soil erosion. Where applicable, the WCF owner shall present documentation to the Municipality that the property owner has granted an easement for the proposed facility;

Parking. For each commercial communication tower greater than 40 feet in height, there shall be two off-street parking spaces;

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

The following regulations shall apply to commercial communication towers located in the public rights-of-way:

Location and development standards:

Commercial communication tower in the ROW shall not exceed 40 feet in height and are prohibited in areas in which all utilities are located underground;

Commercial communication tower shall not be located in the front facade area of any structure; and

Commercial communication tower shall be permitted along certain collector roads and arterial roads throughout the Municipality, regardless of the underlying zoning district. A listing of such roads is adopted via resolution of Municipal Council on an annual basis.

Time, place and manner. The Municipality shall determine the time, place and manner of construction, maintenance, repair and/or removal of all commercial communication tower in the ROW based on public safety, traffic management, physical burden on the ROW, and related considerations. For public utilities, the time, place and manner requirements shall be consistent with the police powers of the Municipality and the requirements of the Public Utility Code;[9]

Editor's Note: See 66 Pa.C.S.A. § 101 et seq.

Equipment location. Commercial communication tower and related equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to otherwise create safety hazards to pedestrians and/or motorists or to otherwise inconvenience public use of the ROW as determined by the Municipality. In addition:

In no case shall ground-mounted related equipment, walls, or landscaping be located within 18 inches of the face of the curb;

Required electrical meter cabinets shall the screened to blend in with the surrounding area to the satisfaction of the Municipality;

Any graffiti on the tower or on any related equipment shall be removed at the sole expense of the owner; and

Any underground vaults related to commercial communication towers shall be reviewed and approved by the Municipality.

Design regulations:

The WCF shall employ the most current stealth technology available in an effort to appropriately blend into the surrounding environment and minimize aesthetic impact. The application of the stealth technology chosen by the WCF applicant shall be subject to the approval of the Municipality;

Commercial communication tower in the public ROW shall not exceed 40 feet in height;

To the extent permissible under state and federal law, any height extensions to an existing commercial communication tower shall require prior approval of the Municipality, and shall not increase the overall height of the commercial communication tower to more than 40 feet; and

Relocation or removal of facilities. Within 60 days following written notice from the Municipality, or such longer period as the Municipality determines is reasonably necessary or such shorter period in the case of an emergency, an owner of commercial communication tower in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any WCF when the Municipality, consistent with its police powers and applicable Public Utility Commission regulations, shall determine that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:

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

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

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

An emergency as determined by the Municipality.

Reimbursement for ROW use. In addition to permit fees as described in this section, every commercial communication tower in the ROW is subject to the Municipality's right to fix annually a fair and reasonable fee to be paid for use and occupancy of the ROW. Such compensation for ROW use shall be directly related to the Municipality's actual ROW management costs including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other ROW management activities by the Municipality. The owner of each commercial communication tower shall pay an annual fee to the Municipality to compensate the Municipality for the Municipality's costs incurred in connection with the activities described above.

Police powers. The Municipality, by granting any permit or taking any other action pursuant to this chapter, does not waive, reduce, lessen or impair the lawful police powers vested in the Municipality under applicable federal, state and local laws and regulations.

Commercial commuter lot.

A traffic impact study shall be required;

A commercial commuter lot shall be located on lots with a minimum of five acres in size; shall have side and rear yards of not less than 20 feet when abutting nonresidential zoning districts, and 50 feet when abutting any R or S Zoning District. Landscaping shall be provided at one tree per three off-street parking spaces, and shall be designed at the perimeter to provide an impervious screen, preventing direct view of parked vehicles from adjacent properties, and avoiding spill over light, glare, noise, and exhaust fumes onto adjacent properties, and designed interiorly to provide shade and visual relief;

Commercial commuter lot shall be located within 1,000 feet of an intersection of an arterial or collector street and shall provide a loading area for transit vehicles, situated either out of the road right-of-way or in the parking area, so as not to delay street traffic nor further congest area roadways. The commercial commuter lot shall be designed to have maneuvering space for those vehicles that utilize the commercial commuter lot, being able to travel the aisle ways, enter and exit the lot and individual spaces without endangering themselves, other vehicles or pedestrians. No off-street parking space shall be located so that a vehicle will maneuver within 15 feet of a vehicle entrance or exit to the commercial commuter lot;

A commercial commuter lot may have a controlled access booth and gate for collection of fees and security. Any such structure shall be constructed of brick, located so that it does not conflict with the internal circulation of the parking lot nor block any parking spaces and be compatible with the character of the surrounding neighborhood. Any driver of a vehicle utilizing this commercial commuter lot must be able to readily identify and distinguish queuing areas from other activities on-site. Queuing lanes shall be separate from internal circulation drives. The controlled access booth shall be set back to provide sufficient queuing area as not to allow vehicles to obstruct the public right-of-way area nor back into a public street. Any controlled access booth and gate shall not impede fire or emergency access;

A commercial commuter lot shall be surfaced in accordance with municipal codes, to include a permanent, all-weather surface, either bituminous or concrete, with proper stormwater detention facilities as required by the Stormwater Management Ordinance 2700[10] with continuous six-inch curbing;

Editor's Note: See Ch. 319, Stormwater Management.

Stormwater detention facilities shall be built in accordance with municipal codes, including the Stormwater Management Ordinance, 2700;

A commercial commuter lot shall have concrete bumper guards or wheel stops installed at all parking spaces. Parking perpendicular to the grade shall be permitted up to a grade of 5%; parking parallel to the grade shall be permitted up to a grade of 7%; no parking shall be permitted on grade in excess of 7%;

A commercial commuter lot shall be divided into smaller parking fields, providing landscaped strips, peninsulas or grade separations at every 20 to 30 parking spaces, providing area for visual breaks, shade trees, pedestrian walkways and traffic circulation. Common areas shall be situated adjacent to any public transportation transit stop, and shall include a passenger loading area that is located and landscaped to take advantage of solar orientation, provide protection from prevailing wind and to afford summer shade and winter sunshine. Additionally, benches or other type of seating shall be furnished and other amenities such as, trash receptacles, drinking fountains, information kiosks and directories, and shelters shall be included to encourage the use of the commercial commuter lot by the commuting public. A maximum of three vending machines may be situated in the common area, and shall be placed within a sheltered or screened structure.

A commercial commuter lot shall have off-street parking spaces and aisle widths meeting the following minimum specifications:

Table 359-54O(9) - Parking Stall and Aisle Requirements
Parking Angle (Degrees)		90	60	45	30	Parallel
Stall width		9 feet	9 feet	9 feet	9 feet	8 feet
Stall length		18 feet	20 feet	19 feet	18 feet	24 feet
Aisle width	One-way	22 feet	18 feet	12 feet	12 feet	12 feet
Aisle width	Two-way	24 feet	24 feet	24 feet	24 feet	24 feet

Figure 501: 90 Degree Parking

Figure 502: 60 Degree Parking

Figure 503: 45 Degree Parking

Figure 504: 30 Degree Parking

Figure 505: Parallel Parking

The tandem parking of vehicles is prohibited within commercial commuter lots. Dead-end aisles are prohibited within commercial commuter lots;

All commercial commuter lots shall clearly provide a separation between vehicular and pedestrian traffic. Parking lot surface strips of brick textured or colored paving and/or raised surface area shall be utilized to define pedestrian areas. Pavement intended for pedestrian traffic shall be stable, firm, skid resistant and shall not have an irregular surface that is uncomfortable or dangerous to traverse;

All commercial commuter lots shall be designed in compliance with the Americans with Disabilities Act;[11]

Editor's Note: See 42 U.S.C. § 12101 et seq.

All commercial commuter lots shall meet the following accessible parking space ratio:

Table 359-54O(13) - ADA-Accessible Parking Requirements
Total Number of Parking Spaces	Total Minimum Number of Accessible Parking Spaces (60-Inch and 96-Inch Aisles)	Van-Accessible Parking Spaces with Minimum 96-inch-Wide Access Aisle	Accessible Parking Spaces with Minimum 60-Inch-Wide Access Aisle
1 to 25	1	1	0
26 to 50	2	1	1
51 to 75	3	1	2
76 to 100	4	1	3
101 to 150	5	1	4
151 to 200	6	1	5
201 to 300	7	1	6
301 to 400	8	1	7
401 to 500	9	2	7
501 to 1,000	2% of total parking in each lot	1 space out of 8 accessible spaces	7 spaces out of 8 accessible spaces
1,001 and over	20 plus 1 for each 100 over 1,000	1 space out of 8 accessible spaces	7 spaces out of 8 accessible spaces

Figure 506: Design Standards for Accessible Parking Spaces for Cars

Figure 507: Design Standards for Accessible Parking Spaces for Vans

One in every eight accessible spaces, but not less than one, shall be served by an access aisle eight feet wide minimum and shall be designated van accessible;

All accessible parking spaces shall be located with the shortest accessible route of travel from a public transportation transit stop. Any accessible route shall have a minimum clear width of three feet wide;

All accessible parking spaces shall be designated as reserved and marked with proper signage showing the symbol of accessibility, including a symbol sign mounted on a pole and a symbol painted on the parking surface. Additional signage shall be provided notifying patrons of municipal ordinances establishing a fee for the violation of parking in accessible parking areas;

A commercial commuter lot shall provide on-site lighting in all parking areas, aisles, turnarounds and pedestrian walkways, and shall be designed and arranged with a 0.5 minimum footcandle lumens and not to exceed a maximum of 1.0 footcandle lumens at the property lines bordering residentially zoned properties;

Bicycle parking shall be included for a minimum of one bicycle per 25 automobile spaces;

Park and ride facilities shall be equipped and controlled to discourage illegal parking, vandalism and other unlawful or nuisance-creating activities;

Barriers such as bollards, curbs, or bumper blocks must be provided for parking spaces perpendicular to sidewalks and buildings;

No sign of any kind other than conditions of use shall be maintained on any park and ride facility;

All light poles, standards and fixtures shall be of a low-profile decorative variety and shall be compatible with the character of the surrounding neighborhood. Additionally, those light poles, standards and fixtures shall not exceed a height of 20 feet above grade level in areas abutting commercially zoned districts, and 14 feet above grade level in commercial commuter lots abutting a, BLVD, R and S Zoning Districts; and

A commercial commuter lot shall provide specially designated areas reserved for carpools/vanpools, and shall be located in preferential areas of the commercial commuter lot, such as a close walking distance to the loading and unloading area of the public transportation transit stop, tree-shaded areas and sidewalk or plaza areas.

Community center.

A traffic impact study shall be required;

Parking spaces shall be located no more than 300 feet from the primary entrance of the building;

The primary vehicular entrance to the building shall have direct access to a public street;

All waste collection/storage areas shall be located at least 50 feet from the nearest building and shall be enclosed by a solid masonry screen wall;

All mechanical equipment shall be screened from the view of adjoining properties;

A community center shall provide on-site lighting in all parking areas, aisles, turnarounds and pedestrian walkways, and shall be designed and arranged with a 0.5 minimum footcandle lumens and not to exceed a maximum of 1.0 footcandle lumens at the property lines bordering residentially zoned properties;

Outdoor speakers shall be permitted for emergency announcements and crowd control only. Events may not be broadcast to the exterior of the building;

Ingress, egress, and internal traffic circulation shall be designed to ensure access by emergency vehicles; and

Shall have no structures within 50 feet of any property line.

Condominium.

A traffic impact study shall be required;

Parking spaces shall be located no more than 300 feet from the primary entrance of the apartment building;

Where two or more buildings exist on the same lot, the minimum distance between buildings shall be 20 feet or 50% of the height of the taller building, whichever is greater;

The primary vehicular entrance to the apartment shall have direct access to a public street;

A twenty-foot-wide fire/emergency access route shall be provided around the perimeter of each building;

All mechanical equipment shall be screened from the view of adjoining properties;

All off-street parking areas adjacent to a single-family dwelling or property in any residential zoning district shall be screened by a minimum six-foot-high compact evergreen hedge; and

All waste collection/storage areas shall be located at least 50 feet from the nearest building and shall be enclosed by a solid masonry screen wall.

Continuing care facility. Also see "assisted living facility," "group home," "hospice," "nursing home facility," "personal care home facility," and "skilled nursing facility."

A traffic impact study shall be required;

A continuing care facility shall be located on property, which consists of one or more lots and contains a minimum of one acre. If more than one lot or parcel is used, they must be contiguous. continuing care facilities occupying more than one lot or parcel shall obtain subdivision approval consolidating such lots;

All structures shall be set back a minimum of 40 feet from all property lines;

The site shall have frontage on and direct vehicular access to a public road;

Shall not be approved unless plans prepared by an architect or engineer are submitted which clearly indicate that adequate light, ventilation and fireproofing are provided;

The dwelling facility and its accommodations shall be functional and convenient with regard to the specific needs of the group to be housed in the facility;

Adequate open space opportunities for recreation shall be provided on the lot for the residents consistent with their needs and the area shall be secured by a fence with self-latching gate;

Shall be approved only after council has found that plans and programs for management of the dwelling are adequate and appropriate to the population to be housed and that adequate provisions have been made to assure the safety and welfare of the residents of the facility and of the adjacent neighborhood;

All mechanical equipment shall be screened from the view of adjoining properties;

All waste collection/storage areas shall be located at least 50 feet from the nearest building and shall be enclosed by a solid masonry screen wall.

The lot coverage by all principal and accessory buildings shall not exceed 40%;

Ingress, egress, and internal traffic circulation shall be designed to ensure access by emergency vehicles;

The parking and circulation plan shall be referred to the Fire Official for comments regarding traffic safety and emergency access;

The applicant shall file a detailed statement of intent describing the proposed use of the building, in which the statement shall detail the proposed number and nature of the anticipated occupants;

A certificate of occupancy shall be required before any unit may be occupied;

Any change in the conditions of original approval shall constitute a new use and the full procedure for obtaining approval of the conditional use shall be required.

Contractor's yard.

A traffic impact study shall be required;

The business shall include a permanent building, of not less than 1,000 square feet, on the lot for office, storage or minor assembly use;

Areas used for the storage of supplies and equipment shall be screened from view of abutting properties and from abutting roads;

Areas of the lot not occupied by buildings or by storage areas shall be either paved or landscaped;

All mechanical equipment shall be screened from the view of adjoining properties;

All waste collection/storage areas shall be located at least 50 feet from the nearest building and shall be enclosed by a solid masonry screen wall;

No Contractor's Yard shall be permitted which is noxious, offensive or hazardous by reason of hours of operation, vehicular traffic, generation or emission of noise, vibration, smoke, dust or other particulate matter, odorous matter, heat, humidity, glare, refuse, radiation or other objectionable emissions; and

Material storage area shall be a dust-free, all-weather surface such as asphalt, concrete or compacted gravel.

Convention center.

A traffic impact study and a parking demand analysis shall be required;

The site shall have frontage on and direct vehicular access to a public road;

Ingress, egress, and internal traffic circulation shall be designed to minimize congestion during peak usage of the facility;

Parking lot design requirements must comply with Article IX of this chapter;

Access for the development site shall be provided from nonresidential streets and shall not require the use of any residential collector or residential local streets;

All mechanical equipment shall be screened from the view of adjoining properties;

All waste collection/storage areas shall be located at least 50 feet from the nearest building and shall be enclosed by a solid masonry screen wall;

The storage of equipment or materials in close proximity to the principal use shall be permitted in a roofed structure with either opaque vertical walls or heavy vegetative planting around the perimeter, which provides an effective screen from adjacent properties; and

Outdoor speakers shall be permitted for emergency announcements and crowd control only. Events may not be broadcast to the exterior of the building/event center.

Correctional institution.

A traffic impact study and a parking demand analysis shall be required;

All applicable federal, state and county permits shall be applied for prior to application for conditional use and documentation of said application(s) shall be made a part of the conditional use application;

All parking areas shall be screened from view from public or private roads;

All structures shall be a minimum of 150 feet from all property lines;

Shall be located on lots with a minimum of 10 acres in size; shall have side and rear yards of not less than 20 feet when abutting nonresidential zoning districts, and 50 feet when abutting any R or S Zoning District;

All waste collection/storage areas shall be located at least 50 feet from the nearest building and shall be enclosed by a solid masonry screen wall;

All mechanical equipment shall be screened from the view of adjoining properties;

Access shall be from a public road only; and

An evacuation plan shall be submitted to the Municipality for review and approval.

Data center.

Principal building facades. Principal building facades shall include all building facades that face adjacent public roads. Principal building facades associated with new construction shall meet the following standards:

Principal building facades shall avoid the use of undifferentiated surfaces by including at least two of the following design elements: change in building height, building step-backs or recesses, fenestration, change in building material, pattern, texture, color, or use of accent materials.

When a building has more than one principal facade, such principal building facades shall be consistent in terms of design, materials, details, and treatment.

Screening of mechanical equipment. In order to minimize visibility from adjacent roads and adjacent properties, ground-level and rooftop mechanical equipment shall be screened. This screening may be provided by a principal building. Mechanical equipment not screened by a principal building shall be screened by a visually solid fence, screen wall or panel, parapet wall, or other visually solid screen that shall be constructed of materials compatible with those used in the exterior construction of the principal building. Notwithstanding the requirements of this section, mechanical equipment located in a manner found to have no adverse impact on adjacent roads and adjacent properties, as determined by the Zoning Administrator, shall not be required to be screened.

Exterior lighting. All exterior lighting shall be designed and constructed with cutoff and fully shielded fixtures that direct light downward and into the interior of the property and away from adjacent roads and adjacent properties.

Shall provide landscape buffering as per Article VIII.

Shall not have any tank for the storage of flammable or otherwise hazardous material closer than 50 feet to any property line, nor closer to any residential property than 100 feet.

All waste collection/storage areas shall be located at least 50 feet from the nearest building and shall be enclosed by a solid masonry screen wall.

Day spa.

See "athletic facility," "fitness center," "gymnasium," "membership club," "recreational facility," and "sports facility."

Dependent dwelling (granny flat).

Dependent dwellings shall not be located on lots of less than 7,200 square feet;

Shall only be permitted as an accessory structure;

The structure is not to be placed within any required yard;

Limited to two stories or 25 feet;

Each story is limited to 625 square feet (not less than 400 square feet);

Contains no more than one bedroom;

All mechanical equipment shall be screened from the view of adjoining properties;

All waste collection/storage areas shall be located at least 50 feet from the nearest building and shall be enclosed by a solid masonry screen wall;

May be erected within the required side or rear yards, provided that such an accessory structure is not located closer than 20 feet to the rear lot line or 10 feet to the side lot line; and

If the dependent dwelling is attached to the principal structure, then it shall be considered part of the principal structure and shall be subject to all requirements relating to the principal structure. Detached accessory structures shall maintain a separation of at least 10 feet from the principal structure.

Distribution center.

A traffic impact and parking analysis study shall be required;

Shall not be located on lots of less than five acres;

Shall have side yards of not less than 20 feet;

Shall not have any tank for the storage of flammable or otherwise hazardous material closer than 50 feet to any property line, nor closer to any residential property than 100 feet;

Access for the site shall be provided from nonresidential streets;

All mechanical equipment shall be screened from the view of adjoining properties;

All waste collection/storage areas shall be located at least 50 feet from the nearest building and shall be enclosed by a solid masonry screen wall;

Outdoor speakers shall be permitted for emergency announcements only;

The site shall be such that no truck will back off of or onto a public right-of-way; and

Shall provide landscape buffering as per Article VIII.

Drive-in theater.

A traffic impact and parking analysis study shall be required;

Shall provide storage space for waiting automobiles between the ticket gate and the highway equal to 35% of the capacity of the theater;

Shall have no structure within 50 feet of any property line;

Shall provide individual car speakers;

All mechanical equipment shall be screened from the view of adjoining properties;

All waste collection/storage areas shall be located at least 50 feet from the nearest building and shall be enclosed by a solid masonry screen wall;

Shall serve no persons other than patrons from refreshment stands; and

The screen shall not be higher than 100 feet, nor be visible from any highway or abutting residential district nor be closer than 100 feet to any property line.

AA.

Driving range.

A traffic impact and parking analysis study shall be required;

All buildings shall be located at a minimum of 50 feet from all property lines and buffered in accordance with Article VIII, § 359-98;

The teeing areas, greens and hitting fields shall be designed and setback sufficiently to prevent golf balls from being hit onto property under separate ownership, including but not limited to:

Tees, hitting fields and greens shall be designed to encourage the direction of play away from adjacent properties; and

Fence, netting and/or vegetative buffer yards shall be installed/planted to protect public streets, private access roads, other right of way areas and adjacent properties, occupants, visitors and/or vehicles. The height of any fence and/or netting shall be determined on a site-specific basis and may exceed the requirements of § 359-95, Fences and hedges, of this chapter;

Access shall be provided for fire, emergency and other safety vehicles;

The maximum height of lights shall not exceed 35 feet and the lighting produced shall be shielded and directed away from adjoining properties;

The maximum height of all pole/pylon signage shall not exceed 10 feet and 65 square feet in size;

All wall or roof sign shall not exceed 50 square feet in size;

All mechanical equipment shall be screened from the view of adjoining properties;

All waste collection/storage areas shall be located at least 50 feet from the nearest building and shall be enclosed by a solid masonry screen wall;

Driving range hours of operation and activities shall be appropriately scheduled to protect the surrounding neighborhood from detrimental noise, disturbance or interruption; and

The owner/operator shall comply with all governmental agencies, regulations and laws.

BB.

Educational institution.

Reference "school," Subsection BBBB (below),[12] and vocational school, Subsection QQQQ (below).

Editor's Note: So in original; see also § 359-108.

CC.

Fitness center.

See "athletic facility," "day spa," "gymnasium," "membership club," "recreational facility," and "sports facility."

DD.

Food processing.

A traffic impact and parking analysis study shall be required;

Shall not be located on lots of less than two acres;

Shall have side yards of not less than 20 feet;

Shall not have any tank for the storage of flammable or otherwise hazardous material closer than 50 feet to any property line, nor closer to any residential property than 100 feet;

All mechanical equipment shall be screened from the view of adjoining properties;

All waste collection/storage areas shall be located at least 50 feet from the nearest building and shall be enclosed by a solid masonry screen wall;

The site shall be such that no truck will back off of or onto a public right-of-way; and

Shall provide landscape buffering as per Article VIII, § 359-98;

EE.

Fuel service and/or charging station.

A traffic impact and parking analysis study shall be required;

A fuel service station shall be located on a lot not less than 18,000 square feet;

A canopy over the gas pumps shall be permitted, provided that;

The canopy shall not be enclosed;

The canopy shall be located a minimum of 40 feet from any property line or street right-of-way line; and

The canopy shall be removed immediately if the principal use is changed or discontinued;

All automatic or self-serve vehicle washing operations, shall comply with Subsection OOOO, Vehicle wash, automatic or self-serve;

No open-air, outdoor storage of materials, merchandise, and equipment shall be permitted;

Outdoor speakers shall be permitted for emergency announcements only;

A minimum fifteen-foot buffer shall be maintained between the use and all adjoining properties. Screening shall be provided along all lot lines abutting adjacent property to block any view of vehicle service station operations and stored material and equipment from all points on such property when viewed from ground level;

All mechanical equipment shall be screened from the view of adjoining properties;

All waste collection/storage areas shall be located at least 50 feet from the nearest building and shall be enclosed by a solid masonry screen wall;

Refuse and trash shall be stored outdoors only if placed in closed containers located in an area screened from view at all points on any public or private property or street when viewed from ground level;

All fuel, oil, other flammable substances, associated ventilation equipment and charging stations shall be stored or located at least 50 feet from any lot line; and

There shall be no parking of motor vehicles, trucks, tractors or trailers in excess of 48 hours.

FF.

Garden apartment.

A traffic impact study shall be required;

Parking spaces shall be located no more than 300 feet from the primary entrance of the building;

Where two or more buildings exist on the same lot, the minimum distance between buildings shall be 20 feet or 50% of the height of the taller building, whichever is greater;

All mechanical equipment shall be screened from the view of adjoining properties;

The primary vehicular entrance to the development shall have direct access to a public street; and

All waste collection/storage areas shall be located 50 feet from the nearest building and shall be enclosed by a solid masonry screen wall.

GG.

Gas station.

See fuel service station and/or charging station.

HH.

Golf course.

A traffic impact study and a parking demand analysis shall be required;

Golf course club house or other similar accessory structure shall be located at a minimum of 50 feet from all property lines;

Golf course maintenance buildings and/or sheds shall be located at a minimum of 50 feet from all property lines and buffered in accordance with § 359-98, Landscaping, buffer yards, and screening;

Twenty-five feet of vegetative buffer shall be provided in area abutting properties under separate ownership;

All mechanical equipment shall be screened from the view of adjoining properties;

The playing areas and hitting fields shall be designed and setback sufficiently to prevent golf balls from being hit onto property under separate ownership, including but not limited to;

Tees, fairways and greens shall be designed to encourage the direction of play away from adjacent properties; and

Fence, netting and/or vegetative buffer yards shall be installed/planted to protect public streets, private access roads, other right of way areas and adjacent properties, occupants, occupant's guest and/or vehicles. The height of any fence and/or netting shall be determined on a site-specific basis and may exceed the requirements of § 359-95, Fences and hedges, of this chapters;

Access shall be provided for fire, emergency and other safety vehicles;

Lights shall be shielded and directed away from adjoining properties;

All waste collection/storage areas shall be located at least 50 feet from the nearest building and shall be enclosed by a solid masonry screen wall;

A golf course's hours of operation and activities shall be appropriately scheduled to protect the surrounding neighborhood from detrimental noise, disturbance or interruption; and

The owner/operator shall comply with all governmental agencies, regulations and laws.

II.

Gun range, indoor.

No person shall engage in the operation of an indoor shooting range in the Municipality unless such person has obtained permit from the Municipality and paid the required fees set forth in the Fee Schedule.

Indoor shooting ranges shall have walls, ceilings, and floors that are impenetrable to the ammunition discharged by firearms being used within it or have internal baffling built so that the ammunition discharged cannot hit the walls or ceiling. Doors and windows which are in front of the firing points must be bolted from the inside and must comply with this subsection as part of the building walls at all times the facility is in use. Gas projectiles and incendiary devices shall not be used in such facilities. Protective stalls shall be built between each firing point used for the discharge of a pistol.

Indoor shooting ranges shall be constructed and insulated in such a manner that prevents sound from the discharge of firearms within the facility to escape outside the premises or disturb the peace of other persons outside the premises. Hearing protectors, which fully cover the shooter's ears, shall be provided by the indoor shooting range, made available for all shooters or other persons in the firing area, and are required to be worn at all times in the firing area.

Nothing in this section shall be construed to exempt any indoor shooting range, its construction, remodeling, or operation from any applicable city, state, or federal law, rule, or regulation.

All indoor shooting ranges and instructors at any shooting range shall be certified by the National Rifle Association or by the State of Pennsylvania.

Indoor shooting ranges shall be located only in C-2, Business Commercial, C-3, Mixed Use, L, Special Use, M-1, Planned Industrial, M-2, Heavy Industrial and BLVD, Boulevard Zoning Districts.

Any person operating an indoor shooting range, which was not open, operating and permitted prior to the enactment of this article, shall not be allowed to operate the facility for any purpose until the zoning requirements for such establishments have been satisfied.

All operators of indoor shooting ranges shall keep and maintain any legally required records regarding the use of the range and the sale of firearms and ammunition by the operator. All such records shall be open for inspection during all hours of operation by the chief of police or his designee. The chief of police or his designee shall also have the right to inspect the operation of the indoor shooting range during all hours of operation to verify the safe operation of the facility.

It shall be unlawful and an offense for any owner, manager, operator, or employee of an indoor shooting range to permit any person or persons to bring any intoxicating liquor, intoxicating substance, low point beer, controlled dangerous substance or other intoxicating compound or dangerous substance on the premises of any indoor shooting range; to permit the consumption of the same on the premises; or to permit them to be left at any place on the premises. It shall be unlawful and an offense for any person operating a range to permit any intoxicated or chemically impaired person to be or remain on the premises.

It shall be unlawful and an offense for any person to discharge any firearm within an indoor shooting range in a manner that violates any provision of this article or so that the shot, projectile, bullet, or fragments avoid the backstop and other safety precautions and escape the confines of any indoor shooting range causing bodily injury to a person on the premises. An owner, manager, operator, employee, or agent of an indoor shooting range shall supervise the users of the facility and shall remove and bar from the premises any person who refuses to comply with generally accepted safety practices, within the provisions of this article or comply with the rules and regulations concerning safety imposed by the operator.

The Municipality is not responsible for anyone injured on the range. An individual using the range does so at his own risk and assumes all responsibility for injuries to a person or property caused by or to him.

The application for a license shall be made in writing, and said application shall contain the following information:

Name of applicant, stating whether individual, partnership, corporation or association.

Address of applicant.

Age of applicant (individual's age, or date of incorporation or formation if a business entity).

If applicant is not an individual, name and addresses of all officers and members (if there are more than five such officers and members, the list shall include only the managing officers, and those persons or entities which collectively own majority interests).

Location and legal description of the premises sought to be licensed, and a statement of whether the premises are owned or leased by applicant.

Qualifications and experience of applicant.

Designation of service agent for service of legal process.

Any other information the Chief of Police or his designee may deem necessary.

Prior to the issuance of any license, or the renewal of any license, the Chief of Police or his designee shall inspect the range to see that all requirements of this section are met. Such inspector may inspect the range more often as needed. The operator, by applying for a license, consents to such safety inspections during any normal business hours.

No license granted under this section shall ever be held to bar a prosecution for violation of any other ordinance of the Municipality, or to prevent the enforcement of any ordinance or inhibit the exercise of powers and duties of any officer under the terms of any such ordinance.

A license issued for the operations of a shooting range shall set forth the name and location of the range covered by such license, name or names of those persons to whom the license is issued, and any other information the Chief of Police or his designee may deem necessary.

Such license shall be placed and maintained at all times in an open, prominent and conspicuous place inside the range.

Insurance requirements. The owner of the range, whether individual, or corporation, or other business entity, shall carry liability insurance protecting the general public and users of the range against any injury resulting from the discharge of firearms in the range in an amount no less than $1,000,000.

Alcohol prohibited. It shall be unlawful for any licensee to permit any person or persons to bring any alcoholic beverages or nonintoxicating beverages on the premises of any range, or to permit the consumption of same on the premises, or to permit same to be left at any place on the premises. It shall be unlawful for any person operating a range to permit any intoxicated person to be or remain therein.

Any shooting range establishment, gun smith, or firearm retailer shall be authorized and encouraged to utilize a discharge barrel or other similar safety apparatus to ensure the safe handling of firearms.

A sign stating the rules and regulations of the range operation shall be placed in a prominent and conspicuous location within the range.

Mandatory reporting. If at any time, an accidental discharge involves injury or death, the licensee shall provide a written incident report that shall include the following:

Name of shooter.

Name of victim.

Time and date of the incident.

Detailed statement of the events that occurred.

It shall be unlawful and an offense for any person to manage or operate any indoor shooting range in any manner which violates the requirement of this Code.

Every person charged with violating this article, upon conviction in municipal court, may be punished as provided in Chapter 1, Section 1-1-119 of this Code.[13] No person convicted of violating this section shall be eligible to hold or apply for the annual indoor shooting range permit.

Editor's Note: So in original.

JJ.

Gun range, outdoor.

Outdoor shooting ranges shall be located no less than 3,500 feet (from property line to property line) from any school (public or private), municipal park, religious establishment or existing or approved residential uses.

An outdoor facility that may or may not include a clubhouse but which includes facilities for one or more of the following activities: archers, target shooting, skeet or trap shooting, marksmanship and similar activities.

Rifle and handgun ranges are open from 8:00 a.m., prevailing time, until sunset Monday through Saturday, and from 12:00 noon to sunset Sunday, unless otherwise posted.

The range shall not exceed 250 yards in length.

The backstop of the range shall be a hill, clear of all objects from which bullets might ricochet and of such size and character that a miss of the target by 15 feet by the rifle used could not penetrate the hill backstop.

The owner is responsible for keeping the area clean and free of debris, and may not discard, deposit, leave or throw litter except in approved refuse containers. Range users shall remove targets from range backboards when shooting is completed and prior to leaving the range.

An individual under 16 years of age may not use the range unless accompanied by a person 18 years of age or older.

Prohibited acts:

Discharge a firearm from any location on the range other than an established shooting station on the firing line.

Discharge armor piercing, incendiary, explosive, tracer or multiple projectile ammunition.

Be intoxicated, use or possess an intoxicating beverage or controlled substance on the range.

Discharge an automatic firearm.

Operate, manipulate or discharge a firearm in negligent disregard for the safety of other persons present at or nearby the range. This is specifically intended to include loading a firearm, operating or manipulating a loaded firearm, or discharging a firearm anywhere on the firing range while another person is downrange.

It shall be unlawful for any person to discharge any firearm in a manner so that the shot, bullets or fragments thereof will avoid the backstop and other safety precautions and escape the confines of the range, or cause bodily injury to persons on the range. The operator shall supervise the users of the range, and shall remove and bar from the range any person who refuses to comply with generally accepted safety practices, or with this section, or with the rules and regulations concerning safety imposed by the operator.

The application for a license shall be made in writing, and said application shall contain the following information:

Name of applicant, stating whether individual, partnership, corporation or association.

Address of applicant.

Age of applicant (individual's age, or date of incorporation or formation if a business entity).

Location and legal description of the premises sought to be licensed, and a statement of whether the premises are owned or leased by applicant.

Qualifications and experience of applicant.

Designation of service agent for service of legal process.

Any other information the Chief of Police or his designee may deem necessary.

Such license shall be placed and maintained at all times in an open, prominent and conspicuous place inside the range.

A sign stating the rules and regulations of the range operation shall be placed in a prominent and conspicuous location within the range.

All mechanical equipment shall be screened from the view of adjoining properties.

All waste collection/storage areas shall be located at least 50 feet from the nearest building and shall be enclosed by a solid masonry screen wall.

Mandatory reporting. If at any time, an accidental discharge involves injury or death, the licensee shall provide a written incident report that shall include the following:

Name of shooter.

Name of victim.

Time and date of the incident.

Detailed statement of the events that occurred.

KK.

Gymnasium.

See "athletic facility," "day spa," "fitness center," "membership club," "recreational facility," and "sports facility."

LL.

Helipad.

The minimum site area shall be five acres;

Such use shall be designed and operated in conformance with all regulations of the Federal Aviation Administration (FAA) and the State Bureau of Aviation;

No fuel, helicopters or maintenance equipment shall be stored on-site;

No maintenance or repair work shall be done on-site;

A minimum 100-foot setback shall be maintained between the center of the helipad and other buildings on the same lot and from any public street, any dwelling and/or school;

A minimum 1,000-foot setback shall be maintained between the center of the helipad and any residential dwelling and/or school;

All mechanical equipment shall be screened from the view of adjoining properties;

All waste collection/storage areas shall be located at least 50 feet from the nearest building and shall be enclosed by a solid masonry screen wall;

Hours for takeoff and landing shall be scheduled to minimize negative impacts on surrounding residential activity; and

No parking area or waiting room shall be permitted on-site.

MM.

Heliport.

The minimum site area shall be five acres;

Such use shall be designed and operated in conformance with all regulations of the Federal Aviation Administration and the State Bureau of Aviation;

Fuel, helicopters or maintenance equipment may be stored on-site;

Maintenance or repair work may be conducted on-site;

A minimum 100-foot setback shall be maintained between the center of the heliport and other buildings on the same lot and from any public street, any dwelling and/or school;

A minimum 1,000-foot setback shall be maintained between the center of the heliport and any residential dwelling and/or school;

All mechanical equipment shall be screened from the view of adjoining properties;

All waste collection/storage areas shall be located at least 50 feet from the nearest building and shall be enclosed by a solid masonry screen wall;

Hours for takeoff and landing shall be scheduled to minimize negative impacts on surrounding residential activity; and

No parking area or waiting room shall be permitted on-site.

NN.

Helistop.

The minimum site area shall be five acres;

Such use shall be designed and operated in conformance with all regulations of the Federal Aviation Administration and the State Bureau of Aviation;

No fuel, helicopters or maintenance equipment shall be stored on-site;

No maintenance or repair work shall be done on-site;

A minimum 100-foot setback shall be maintained between the center of the helistop and other buildings on the same lot and from any public street;

A minimum 1,000-foot setback shall be maintained between the center of the helistop and any residential dwelling and/or school;

All mechanical equipment shall be screened from the view of adjoining properties;

All waste collection/storage areas shall be located at least 50 feet from the nearest building and shall be enclosed by a solid masonry screen wall.

Hours for takeoff and landing shall be scheduled to minimize negative impacts on surrounding residential activity; and

No parking area or waiting room shall be permitted on-site.

OO.

Hobby farm.

A hobby farm is permitted as a conditional use in the R-1 and R-2 Residential Districts;

The minimum lot area for a hobby farm is five acres;

The owner of the hobby farm shall reside on the lot;

Hobby farms may include any of the activities encompassed by agriculture, as defined by this chapter. The sale of agricultural products raised on the hobby farm shall be permitted. Private stables are also permitted and included in the definition of hobby farm;

The number of domestic animals maintained on a hobby farm, if any, shall be reasonably related to the size of the lot, the area available for grazing, and the capacity of the land to sustain the animals without creating a nuisance;

On a lot utilized for a private stable, one horse or pony shall be permitted on the first three acres of land. One additional horse or pony shall be permitted for each additional acre over three acres. However, no private stalls or hobby farm shall have more than a total of eight horses or ponies at any one time;

No stables or buildings in which animals are kept or manure is stored shall be located within 75 feet of any lot line or within 100 feet of any occupied dwellings within the parcel or located on adjacent parcel, other than the stable owner's dwelling;

No grazing of any domestic animals shall be permitted closer than 50 feet from an occupied dwelling unit within the parcel or located on an adjacent parcel, excluding the private stable or hobby farm owner's dwelling;

A hobby farm owner shall not permit litter and droppings from their horses or any other animals to collect so as it results in a presence of fly larvae or objectionable odors;

All mechanical equipment shall be screened from the view of adjoining properties;

All waste collection/storage areas shall be located at least 50 feet from the nearest building and shall be enclosed by a solid masonry screen wall;

The area of the lot used for grazing shall be adequately fenced to properly enclose the animals and to protect adjacent lots; and

The primary residence/principal structure on the lot shall meet the zoning districts lot area and bulk requirements.

PP.

Hospice. Also see "assisted living facility," "continuing care facility," "nursing home facility," "personal care home facility," and "skilled nursing facility."

A traffic impact study shall be required;

A hospice facility shall be located on property, which consists of one or more lots and contains a minimum of one acre. If more than one lot or parcel is used, they must be contiguous. Hospice facilities occupying more than one lot or parcel shall obtain subdivision approval consolidating such lots;

All structures shall be set back a minimum of 40 feet from all property lines;

The site shall have frontage on and direct vehicular access to a public road;

Shall not be approved unless plans prepared by an architect or engineer are submitted which clearly indicate that adequate light, ventilation and fireproofing are provided;

The dwelling facility and its accommodations shall be functional and convenient with regard to the specific needs of the group to be housed in the facility;

All mechanical equipment shall be screened from the view of adjoining properties;

All waste collection/storage areas shall be located at least 50 feet from the nearest building and shall be enclosed by a solid masonry screen wall;

The lot coverage by all principal and accessory buildings shall not exceed 40%;

Ingress, egress, and internal traffic circulation shall be designed to ensure access by emergency vehicles;

The parking and circulation plan shall be referred to the Fire Official for comments regarding traffic safety and emergency access;

The applicant shall file a detailed statement of intent describing the proposed use of the building, in which the statement shall detail the proposed number and nature of the anticipated occupants;

A certificate of occupancy shall be required before any unit may be occupied;

Any change in the conditions of original approval shall constitute a new use and the full procedure for obtaining approval of the conditional use shall be required.

QQ.

Hospital.

The minimum site area required for a hospital shall be five acres;

The site shall be served by public water and public sewers;

Water pressure and volume shall be adequate for fire protection;

Ingress, egress, and internal traffic circulation shall be designed to ensure access by emergency vehicles;

The parking and circulation plan shall be referred to the Volunteer Fire Company for comments regarding traffic safety and emergency access;

A buffer yard shall be provided in accordance with the requirements of § 359-98 of this chapter;

All mechanical equipment shall be screened from the view of adjoining properties;

All waste collection/storage areas shall be located at least 50 feet from the nearest building and shall be enclosed by a solid masonry screen wall;

A private use helipad, if proposed as part of the hospital, shall meet the standards of § 359-54LL of this chapter; and

The site shall be served by a collector road or arterial road.

RR.

Hotel/motel.

No motel or hotel shall have a lot area less than 50,000 square feet or a lot area per sleeping unit of less than 1,000 square feet;

All waste collection/storage areas shall be located at least 50 feet from the nearest building and shall be enclosed by a solid masonry screen wall;

All mechanical equipment shall be screened from the view of adjoining properties;

Front, side and rear yards of a motel and hotel shall be permanently landscaped and maintained in good condition; and

Each motel or hotel sleeping unit shall have a minimum floor area of 400 square feet and shall contain no more than two bedrooms.

SS.

Hydronic heaters.

Outdoor hydronic heaters, also known as "outdoor wood-fired boilers," shall be permitted as an accessory use on lots that are one acre or larger. All outdoor hydronic heaters shall comply with the regulations of this section. It shall be the landowner and/or applicant's responsibility to prove compliance with this section, this shall include the requirements of submitting manufacturer's specifications and maintenance documents, certification testing results, and any other required documents at the time of application for a building/zoning permit;

The regulations listed below shall not apply to the following:

Grilling or cooking using charcoal, wood, propane or natural gas in cooking or grilling appliances;

Approved outdoor recreational fires;

Burning in a stove, furnace, fireplace, or other heating device within a building used for human or animal habitation; and

The legal use of propane, acetylene, natural gas, gasoline or kerosene in a device intended for heating, construction or maintenance activity.

The following items shall not be burned in an outdoor hydronic heater:

Treated or painted wood; furniture, trash, rubbish or garbage, tires, lawn clippings, woody yard wastes, plastic materials, rubber materials, waste petroleum products, paints and paint thinners, chemicals, hazardous wastes, coal, paper wastes, construction or demolition debris, plywood, particleboard, manure, animal carcasses.

Fuel requirements for outdoor hydronic heaters. The materials listed below shall be the only materials allowed to be used for fuel:

Clean wood, corn, wood pellets made from a clean wood, home heating oil, natural gas, or propane that complies with all applicable sulfur limits and is used as a starter or supplemental fuel for dual-fired outdoor hydronic heaters or any other materials located in a manufacturers list of specifications so long as the material is not prohibited by the previous section.

Any outdoor hydronic heater shall be located on the same parcel or plot of land of record in which the principal use is located with the exception that power lines or any related equipment to the outdoor hydronic heater may be located on an adjoining parcel or plot of land of record, provided it will comply with all applicable virtual net metering laws of a public utility provider.

No more than one outdoor hydronic heater shall be permitted per lot.

Outdoor hydronic heaters shall meet the certification standards of the voluntary program of the Environmental Protection Agency (EPA) for Phase 2 air emission levels of no more than 0.32 pounds of fine particulates per million British Thermal Units (BTUs) heat input and any amendments or modifications made hereafter.

Setback requirements:

Outdoor hydronic heaters shall be located a minimum of 150 feet from any side or rear property line;

No outdoor hydronic heater shall be located between the principal structure on the property and the public street right-of-way; notwithstanding the aforesaid requirement, the minimum setback from the ultimate public street right-of-way shall be no less than 150 feet;

If an outdoor hydronic heater is proposed to be located within 100 feet of any historic structure as may be designated by the Municipality or determined to be eligible for listing on the National Register of Historic Places by the Pennsylvania Historical and Museum Commission or the National Park Service, such outdoor hydronic heater shall be subject to conditional use approval at the sole discretion of the Borough upon a finding that the proposed system will not adversely impact the historical significance or landscape context of the subject historic structure or historic resource;

No person shall install an outdoor hydronic heater unless it has a permanent attached stack with a minimum stack height of 10 feet above the ground that also extends at least two feet above the highest peak of any residence located less than 150 feet from the outdoor hydronic heater.

No signage or any form of advertising shall be utilized or attached to an outdoor solid-fuel fired boiler. This requirement shall not include the make and model description of the outdoor hydronic heater, manufacturers required hangtags or warning signs, the hangtags indicating EPA air quality specifications, or other signage that is required by law.

No person shall use or operate a new or existing outdoor wood-fired boiler between the dates of May 1 and September 30.

All outdoor hydronic heaters shall be installed, operated and maintained in strict compliance with all emissions of air quality standards promulgated by EPA, the DEP, or other relevant state or federal agency including emissions of dust and particulates.

In the event that an outdoor hydronic heater is damaged or it is physically deteriorated or decayed to the point where it no longer is compliant with this section, said heater must be removed and/or replaced with a new unit within 60 days of the date that notice is received from the Zoning Officer. In the event of replacement, all provisions of this chapter in effect at the time of replacement shall be complied with.

In the event the outdoor hydronic heater is abandoned, the boiler, electrical wires, and any related equipment and structures shall be dismantled and removed from the property within 60 days of the date it was abandoned.

Outdoor hydronic heaters shall comply with all applicable regulations of the Uniform Construction Code.

TT.

Impoundments. See oil and gas and injection well sections for additional requirements/regulations.

Impoundments shall be permitted only on the parcel/property where the drilling site is located, and shall be considered an accessory use;

The minimum setback distance from all protected structures shall be 500 feet measured from the edge of the impoundment;

No off-site impoundments, drill cutting pits or reserve pits shall be permitted;

Impoundments shall not use surface aerators;

All drill site impoundments shall be secured with a temporary fence with a secured gate as follows:

The fence shall be of chain-link design, minimum eleven-gauge thickness and be at least eight feet high topped with either razor or barbed wire;

The fence shall remain in place at all times until the impoundment is removed;

Impoundments shall comply with all state and federal laws in regard to leak detection and monitoring, and must comply with EPA 9090 or any superseding regulation;

An impoundment may not contain any liquid substance generated from any well(s) located on another property;

No impoundment shall hold more than 1,000,000 gallons of liquid;

An impoundment must be completely enclosed, with solid walls and a roof;

As part of its PPC plan, an operator shall provide the details for emergencies involving impoundments; and

An applicant shall provide the Municipality with a baseline hydrogeologic study to document baseline quality.

UU.

Injection well. (Also reference oil and gas, impoundments, natural gas compressor stations sections.)

Conditional use application. A person or entity desiring approval of a conditional use application pursuant to this section shall submit a written application in a form to be prescribed by the Municipality. Before submitting the application, the applicant is strongly encouraged to meet with the Zoning Officer to determine the requirements of and the procedural steps for the application. The intent of this process is for the applicant to obtain necessary information and guidance before entering into any commitments or incurring substantial expenses with regard to the site and plan preparation. The application shall not be considered to be complete and properly filed unless and until all items required by this section, including the application fee, have been received. Such application shall include the following information and plans:

Payment of an application fee in an amount to be determined from time to time by the Municipal Council as adopted by a fee resolution. Said fee shall also include a requirement to deposit escrow funds to be drawn from by the Municipality for reimbursement of administrative and engineering and other professional fees associated with review and inspections to ensure compliance with this chapter. The Municipality may adjust the escrow amount from time to time as may reasonably be required.

Fifteen paper copies and one electronic copy of the completed application form supplied by the Municipality along with supporting documentation as identified in this section.

Written permission from the property owner(s) who has legal or equitable title in and to the proposed development or facility or demonstrable documentation of the applicant's authority to occupy the property.

The GPS location and 911 address of the well site.

Copies of any and all permits and applications submitted to all applicable local, county, state and federal agencies. Permits and plans shall include but not be limited to the Pennsylvania DEP well applications and permit, Erosion and Sediment Control General Permit-2, or current permit requirement, and all other required erosion and sedimentation, air, water and waste management permits.

A site plan prepared by an engineer or surveyor licensed in Pennsylvania shall be provided to establish compliance with all applicable regulations. All drilling and production operations, including derricks, vacuum pumps, compressors, storage tanks, vehicle parking, structures, machinery, temporary housing, ponds and pits, and ancillary equipment on the well site shall be identified. All protected structures within 1,500 feet of the property lines of the well site shall be identified. All roads related to the development or facility must also be shown. A sufficient number of copies of the site plan shall be provided for review and comment by all Municipal emergency service organizations.

The applicant shall provide a sufficient number of copies to the Municipality of the preparedness, prevention and contingency (PPC) plan as defined in the PADEP document, "Guidelines for the Development and Implementation of Environmental Emergency Response Plans," or the most recent applicable guidance document, to be distributed to the Municipal Manager, the Emergency Management Coordinator, the Fire Chief, and any other emergency service providers for the Municipality.

Environmental impact analysis. To the extent that the same is not otherwise included or provided within copies of applications for permits from the Commonwealth of Pennsylvania or other governmental units and herewith submitted or where no such permit is required, the applicant shall provide an environmental impact analysis. The environmental impact analysis shall describe, identify and analyze all environmental aspects of the site and of neighboring properties that may be affected by the proposed operations or the ultimate use proposed to be conducted on the site. The limits of the impact area to be studied shall be reviewed and approved by the Municipal Council. The environmental impact study shall include, but not be limited to, all critical impact areas on or off-site that may be impacted by the proposed or ultimate use of the facility, including the impact on the critical areas, the protective measures and procedures to protect the critical areas from damage, and the actions to be taken to minimize environmental damage to the critical areas on the site and surrounding areas during and after completion of the operation. Critical impact areas include, but are not limited to stream corridors; streams; wetlands; slopes in excess of 25%; sites where there is a history of adverse subsurface conditions or where available soils information or other geotechnical data, including data from the Bureau of Mines indicates the potential for landslides, subsidence or other subsurface hazards; Class I agricultural lands; highly acidic or erodible soils; carbonate or highly fractured bedrock; aquifer recharge and discharge areas; areas of unique or protected vegetation, wildlife habitat, and areas of historic, cultural and/or archaeological significance.

The applicant shall provide any and all waivers from owners of protected structures.

Scheduling. The applicant shall provide a schedule with the application indicating the anticipated beginning and ending dates for all proposed activities.

Insurance. Applicant shall furnish to the Municipality a certificate of liability insurance naming the Municipality as an additional insured with respect to operations conducted within the Municipality, showing proof of liability insurance covering commercial, personal injury, and general liability in amounts not less than $25,000,000 per occurrence. The applicant shall fully defend, protect, indemnify, and hold harmless the Municipality, its departments, agents, officers, employees, or volunteers from and against such and every claim, except for those claims relating to any negligent, willful or intentional acts of the Municipality, its department, agents, officers, employees, or volunteers. The insurance coverage may consist of a combination of self-insurance, excess coverage, and umbrella coverage.

Conditional use approval is nontransferable without consent from Municipal Council and shall automatically terminate, unless extended, if operations have not commenced within one year from the date of issuance of the approval. The conditional use approval may be extended by the Municipal Council upon written request by the operator, after notice and hearing. The operator shall provide proof that the requested conditional use permit for such location has not changed and that the operator meets all applicable criteria contained in this section.

General standards.

Best management practices for oil and gas operations shall be followed.

The uses regulated by this section are determined to be land developments and subject to the applicable provisions of the Municipality's SALDO Ord. 2525, as it may be amended.[14]

Editor's Note: See Ch. 324, Subdivision and Land Development.

Any hazardous or toxic material shall be securely contained, stored and removed in accordance with applicable state or federal regulations. On-site disposal is prohibited. All hazardous materials stored must be clearly marked, identifying the contents, chemicals, and hazards as required by the OSHA Hazard Communication Standard 29 CFR 1910.1200 and National Fire Protection Association (NFPA) Code 104 - Standard System for the Identification of the Hazards of Materials for Emergency Response). All regulated tanks are to be labeled to an NFPA specification.

Fracture fluid storage ponds, open pits, and reserve pits are highly discouraged. Closed-loop systems and other related best management practices, including but not limited to the use of netting over fracture fluid ponds, shall be used during the drilling or completion of any well.

Fresh water storage ponds are permitted. The use of nonpotable water is strongly encouraged.

All operations shall be in accordance with applicable federal laws and regulations, the Pennsylvania Oil and Gas Act (58 P.S. § 601.101 et seq.), as amended, and pursuant to all other applicable rules, regulations, and procedures adopted pursuant thereto.

The operator shall be responsible for prevention and prompt removal of spills involving waste materials, oil, and toxic or hazardous materials.

Changes in the site plan, including but not limited to any expansion of the ground surface area used and/or devoted towards drilling operations, requires a new conditional use approval pursuant to the terms and conditions of this section of this chapter.

At least 30 days prior to any development activity at the development or facility, the operator shall provide the following information to each property owner within 4,000 feet of the planned surface location of the development or facility.

A copy of the site plan submitted as part of the conditional use application;

A general description of the planned operations at the development or facility and associated equipment to be used;

The contact information for the operator; and

The availability of the operator to hold a meeting locally with such residents to present the operator's plans for the development or facility and to allow for questions and answers. The meeting(s) shall be held prior to the commencement of development activity.

A duly authorized representative of the Municipality, trained by the operator or agents of the operator, shall have the authority in relation to the enforcement of this section to enter upon the property of a development or facility for the purpose of inspecting the equipment and all other aspects of the site necessary to assure compliance with this section.

The operator of any development or facility shall notify the Emergency Management Coordinator, Municipal Manager and Municipal Engineer no less than 90 days prior to the startup and abandonment or shutdown of any well site.

Setbacks/location.

Injection wells shall comply with all screening and buffer yard requirements of the zoning district in which the pad/well is located.

In construction of the injection well, the natural surroundings should be considered, and attempts made to minimize impacts to adjacent properties.

The wellhead of an injection well shall be located not less than 500 feet from any protected structure. The minimum setback distance from all protected structures shall be 500 feet; measured from the center of the well pad.

All injection well operations and the well pad, including but not limited to derricks, vacuum pumps, compressors, storage tanks, vehicle parking, structures, machinery, ponds, pits, and ancillary equipment, shall be located not less than 500 feet from the nearest property line.

Traffic impact.

Traffic study:

A description of plans for the transportation and delivery of equipment, machinery, water, chemicals, products, materials and other items to be utilized in the siting, drilling, stimulating, completion, alteration and operation of the development or facility. Such description shall include a map showing the planned vehicular access roads and the transportation infrastructure being proposed and the type, weight, number of trucks and delivery schedule necessary to support each phase of the development.

An inventory, analysis and evaluation of existing road conditions on Municipal roads along the proposed transportation route identified by the application, including photography, video and core boring as determined to be necessary by the Municipal engineer(s).

The proposed routes must be designed to minimize the impact on streets within the Municipality. The Municipality reserves the right to designate alternate routes in the event that the applicant's proposed routes are deemed inadequate, unsafe or overly disruptive to normal vehicular traffic by the Municipality. Vehicles are to operate on state roads and may only use municipal roads when the use of state roads is not feasible. The operator shall coordinate truck routes with the school bus schedule so as to minimize interference with transportation of students to and from school.

Prior to the commencement of any activity at the development or facility, the operator shall enter into a municipal roadway maintenance and repair agreement with the Municipality, in a form acceptable to the Municipality, regarding maintenance, repair and bonding of municipal roads that are to be used by vehicles for development activities. The applicant shall take all necessary corrective action and measures as directed by the Municipality pursuant to the agreement to ensure the roadways are repaired and maintained during and at the conclusion of all development activities.

The operator shall take the necessary safeguards to ensure that the municipal roads utilized remain free of dirt, mud, and debris resulting from development activities and/or shall ensure such roads are promptly swept and cleaned if dirt, mud, and debris occur.

The operator shall take all necessary precautions to ensure the safety of persons in areas established for road crossing and or/adjacent to roadways (for example, persons waiting for public or school transportation). Where necessary and allowed, during periods of anticipated heavy or frequent truck traffic associated with the development of the facility, the operator will provide flagmen to ensure the public safety and include adequate signs and/or other warning measures for truck traffic and vehicular traffic.

There will be no staging of trucks or equipment on local roads.

A traffic control plan in conformance with PennDOT standards shall be provided.

Geologic.

Geological study. To the extent that the same is not otherwise included or provided within copies of applications for permits from the Commonwealth of Pennsylvania or other governmental units and herewith submitted or where no such permit is required, the applicant shall provide a Geological Study. The Study shall be prepared by experts acceptable to the Municipality and submitted with the application and shall include an analysis of the existing geological formations in and surrounding the proposed site. This report shall contain the sources of the information, the data and background tests that were conducted and the conclusions and recommendations of the professionals preparing the report regarding the potential geological impact of the proposed use.

Predevelopment and post-development soil testing. Prior to beginning any injection well development activities, the operator shall be responsible for testing soil conditions within 300 feet of each well site. The purpose of testing is to determine the baseline soil conditions surrounding the proposed well site and address resultant changes that may occur or have an impact on the soils of the site and surrounding area.

Predrilling testing results shall be submitted as part of the conditional use application.

Post-development testing shall be completed 12 months after operations have begun.

The results shall be submitted to the Municipality and PA DEP within 10 days of their receipt.

The operator shall be responsible for all costs associated with testing and testing shall be done by an independent state-certified testing laboratory agreed upon by the Municipality.

Visual.

The injection well facility shall be located, designed and constructed to minimize the removal of trees and shrubs, protect all natural resources, and minimize the amount of surface disturbance.

The operator shall not clear brush or trees by way of burning and shall chip, grind, or remove all tree stumps from properties it clears for development purposes.

The location and design of structures and site improvements shall be integrated with the natural color, form, and texture of the surrounding area.

Lighting.

Lighting at an injection well and well pad shall, when practicable, be limited to security lighting.

All temporary outdoor lighting shall be shielded and/or reflected away from adjoining properties so that no direct beam of light, but only diffuse or reflected light, enters adjoining properties.

No site lighting used for or associated with well site construction, drilling operations or post-drilling production shall be positioned in a manner such that it shines directly on public roads, protected structures, or any property within 3,000 feet of the well site. Site lighting must be directed downward and shielded to prevent glare on public roads and adjacent properties.

Air and water quality.

Air quality study. To the extent that the same is not otherwise included or provided within copies of applications for permits from the Commonwealth of Pennsylvania or other governmental units and herewith submitted or where no such permit is required, the applicant shall provide an air quality study. The study shall be prepared by experts acceptable to the Municipality and submitted with the application and shall include an analysis of the existing and predicted air quality levels, including smoke, odors, fumes, dust, and pollutants at the site. This report shall contain the sources of the information, the data and background tests that were conducted and the conclusions and recommendations of the professionals preparing the report that would be required to maintain the air quality at a level equal to or better than the existing background level prior to the proposed use; or the applicant/developer shall submit a statement prepared by an engineer warranting that the nature of the use will produce no impact on air quality.

Air-contaminant emissions shall be compliant with all municipal, county, state, and federal regulations, including, without limitation, the provisions of this chapter, as amended, and all applicable regulations for smoke, ash, dust, fumes, gases, odors, and vapors.

The operator shall take the necessary safeguards to ensure appropriate dust-control measures are in place to prevent visible plumes of dust from crossing the property line or adversely impacting neighboring properties.

Sixty days prior to start of operations, the operator shall notify residents with water wells within 4,000 feet of the injection well of its intentions to begin operations. The operator shall provide proof of notice to the Municipality.

All condensate tanks, compressor stations, processing plants, and other facilities shall be equipped with vapor recovery and/or vapor destruction units.

Hydrological study. To the extent that the same is not otherwise included or provided within copies of applications for permits from the Commonwealth of Pennsylvania or other governmental units, and herewith submitted or where no such permit is required, the applicant shall provide a hydrological study. The study shall be prepared by a hydrogeologist acceptable to the Municipality. The study shall evaluate the existing surface and subsurface hydrogeology, based upon historical data and on-site investigation and studies. The study shall identify groundwater discharge and recharge areas that may be affected by the proposed use, map the groundwater table and analyze and delineate the effects of the proposed use on the hydrology, including surface water and groundwater quantity and quality. Acceptance of the study is subject to final approval by the Municipal Council. If the study shows an alteration to the groundwater, the application shall be denied.

Noise. The operator shall take the following steps to minimize, to the extent possible, noise resulting from the injection well development:

Prior to development, the operator shall establish a continuous seventy-two-hour ambient noise level at the nearest property line of a residence or public building, school, medical, emergency or other public residence or public facility, or 100 feet from the nearest residence or public building, school, medical, emergency or other public residence or public facility, whichever point is closer to the affected facility. In lieu of establishing the above seventy-two-hour ambient noise level, the operator may assume and use, for the purposes of compliance with this chapter, a default ambient noise level of 55 decibels (dBa). The sound level meter used in conducting any evaluation shall meet the ANSI's standard for sound meters or an instrument and the associated recording and analyzing equipment which will provide equivalent data.

Noise management plan:

An acoustics study shall be prepared and submitted with the application. The study shall be prepared by an acoustics expert(s) acceptable to the Municipality. The study shall identify the existing background level of noise and the anticipated noise impact from the proposed use. The report shall contain measures of existing ambient measurements, estimates of the noise measurements to be anticipated from the type of operations and equipment that are proposed for the use and if there are any significant increases in those noise levels. The report shall also contain specific proposals that are intended to reduce noise levels emanating off the site.

The study shall be based upon actual sound level measurements and estimates of potential noise impact at the property lines of the site of the proposed use; or the applicant/developer shall submit a statement prepared by an engineer warranting that the nature of the use will produce no impact on acoustics, in regard to the standards of this section.

The operator shall provide documentation of any established, seventy-two-hour evaluation, relied upon to establish an ambient noise level greater than 55 decibels (dBa), to the Zoning Officer within three business days of such a request.

The noise generated during operating hours shall not exceed the average ambient noise level by more than 10 decibels (dBa) or default level, whichever is higher.

All permanent facilities associated with the injection well and well pad shall meet the general noise requirements of this chapter. Where a conflict exists the more stringent requirements shall apply.

Injection wells/pads or facilities performing the equivalent functions shall be constructed to mitigate sound levels or have installed mitigation devices to mitigate sound levels to prevent such activity from being a nuisance to nearby residential or public buildings, medical, emergency, or other public facilities.

Effective sound mitigation devices shall be installed in permanent facilities to address sound levels that would otherwise exceed the noise level standards.

If a complaint is received by the Municipality regarding noise generated during construction or operation of the facility the operator shall, within 24 hours following receipt of notification, begin continuous monitoring for a period of 48 hours at the nearest property line to the complainant's residential or public building or 100 feet from the complainant's residential or public building, school, medical, emergency, or other public facilities, whichever is closer. The applicant shall report the findings to the Municipality and shall mitigate the problem to the allowable level if the noise level exceeds the allowable rate.

Hazards.

Upon request of the Emergency Management Coordinator, the operator shall, prior to start of operations, make available with at least 30 days' notice, at the applicant's sole cost and expense, an appropriate group training program for emergency responders and Municipality code enforcement personnel. Such training shall be made available at least annually during any year that the injection well is in operation. Training should cover each phase of the development from site work to well completion. The Municipality shall require a minimum of four hours of annual training, with additional hours added at the recommendation of the Fire Chief annually. If additional wells are drilled at the site, the operator and Emergency Management Coordinator will determine if additional training is required.

The applicant shall maintain at the property and on file with the municipality a current list and the Material Safety Data Sheets (MSDS) for all chemicals used in the drilling operations (including but not limited to types of additives, acids, polymers, salts, surfactants and solvents) and in any fracturing operations. If the PPC requires availability and/or utilization of special equipment or supplies particular to the hazards or conditions addressed in the PPC, the Municipality shall require the operator to reimburse the Municipality for the cost of procurement of such special equipment or supplies.

Access.

Beginning with its intersection with a public street, any ingress or egress point for the development or facility shall be paved for the first 50 feet and improved with limestone or other material for the next 100 feet in a manner that no water, sediment, or debris will be carried onto any public street. If any amount of mud, dirt or other debris is carried onto public or private ROW from the well site, the operator shall immediately clean the roads and implement a remedial plan as directed by the Municipality to keep the streets continuously clean.

The first 50 feet from the existing edge of pavement extending into the site shall consist of the following material:

Compacted subgrade.

PennDOT Class 4 geotextile fabric.

Eight inches of AASHTO No. 1 crushed aggregate base course.

Two inches of PennDOT 2A aggregate.

Six inches of superpave 25 mm binder course.

The remainder of the driveway to the well pad shall be constructed with the following material:

Eight inches of AASHTO No. 1 crushed aggregate base course.

Two inches of PennDOT 2A aggregate.

Ingress and egress points for all public and private driveways or roadways shall be located and improved in order to:

Meet Pennsylvania Code 67, Chapter 441, Access to and Occupancy of Highways by Driveway and Local Roads, PennDOT Design Manual 2.

Ensure adequate capacity for existing and projected traffic volume.

Provide efficient movement of traffic, including appropriate turning radii and transition grade.

Minimize hazards to highway users and adjacent property and human activity.

All applicable permits or approvals must be obtained, including, without limitation:

Access or driveway permits to state or county roads.

Overweight or oversize loads.

Storage of equipment.

No equipment, including drilling, redrilling, reworking, or other portable equipment, shall be stored on the development or facility which is not essential to the everyday operation of the development or facility. This includes the removal of idle equipment unnecessary for the operation of wells.

Lumber, pipes, tubing and casing shall not be left on the development or facility except when drilling or well-servicing operations are being conducted on the site.

It shall be illegal to park or store any vehicle or item of machinery on any street, ROW or in any driveway, alley or on the development or facility which constitutes a fire hazard or an obstruction to or interference with fighting or controlling fires, except that equipment which is necessary for the maintenance of the development or facility or for the gathering or transporting of hydrocarbon substances from the site.

Fencing.

Security fencing consisting of a permanent galvanized chain-link fence, a minimum of eight feet in height, topped with either razor or barbed wire shall be installed prior to the commencement of any activity at every well site to secure wellheads, storage tanks, separation facilities, water or liquid impoundment areas, and other mechanical and production equipment and structures on the well site. See "impoundments" section for additional requirements/regulations.

Security fencing shall be equipped with lockable gates at every access point and having openings no less than 12 feet wide. Gates shall be kept locked except when being used for access to the site. Additional lockable gates used to access the well site, freshwater ponds or open pits by foot may be allowed, as necessary. The fence posts shall be set in concrete at sufficient depths to maintain the stability of the fence.

The Municipality's first responders shall be given means to access the well site in case of an emergency via lock box or a Municipality-approved equivalent. The applicant must provide the Allegheny County 911 Communications Center with necessary information to access the development or facility in case of an emergency.

Warning signs shall be placed on the fencing surrounding the development or facility, providing notice of the potential dangers and the contact information in case of an emergency.

Structure height. Permanent structures of the injection well developments and facilities (both principal and accessory) shall comply with the height regulations of the applicable zoning district.

VV.

Major excavation.

The proposed operation shall meet all requirements of the Municipal Land Disturbance Ordinance;[15]

Editor's Note: See Ch. 243, Land Disturbance.

Residential streets shall not be used for routing of vehicles serving the excavation or fill unless the applicant demonstrates there is no other option;

A bond shall be provided for all affected roads in a form and manner acceptable to the Municipality;

The applicant shall submit a plan that addresses the number of vehicles that will access the site and the routes the vehicles will travel in a form acceptable to the Municipality; and

Major excavation shall comply with all pertinent sedimentation and erosion control regulations and shall not endanger structures or other improvements on any adjacent property. No extraction of oil, gas, coal, or other minerals shall be conducted within the distances established in § 359-54HHH, Oil and Gas Development, to a residential use or principal structure. Excavation of sand, rock, metal and other natural resources shall be permitted as a conditional use only in the S District.

Hours of operation shall be limited to between 7:00 a.m. to 7:00 p.m.

WW.

Manufacturing.

A traffic impact study shall be required;

A bond shall be provided for all affected roads in a form and manner acceptable to the Municipality;

A landscape strip shall screen all property lines, which adjoin residential uses or residential zoning districts, at least 50 feet in depth, which shall be comprised of a combination of high-level and low-level plantings. Such screening shall be a minimum of six feet in height for high-level and two feet in height for low-level plants at the time of installation. Existing vegetation shall be used to meet these criteria at the discretion of the Municipality;

All mechanical equipment shall be screened from the view of adjoining properties;

All waste collection/storage areas shall be located at least 50 feet from the nearest building and shall be enclosed by a solid masonry screen wall;

Outdoor speakers shall be permitted for emergency announcements only;

The Municipality may impose restrictions on access to the facility, storage of vehicles or materials on the premises, hours of operation and other such matters as they deem necessary to ensure that there is no adverse impact upon the functioning of the district or adjacent parcels; and

Outdoor storage of materials or equipment, other than maintenance vehicles, shall be permitted only if the storage area is completely enclosed by a minimum eight-foot fence with locking gate and is screened by 100% opaque screening material placed in the fencing or by a six-foot dense, compact evergreen hedge, or as determined by the Municipality as adequate to ensure the protection of adjacent residential properties considering topography and sight lines. Material storage area shall be a dust-free, all-weather surface such as asphalt, concrete or compacted gravel.

XX.

Medical marijuana dispensary.

No person shall conduct, engage in, or operate in any manner a medical marijuana facility, a cigar bar, a consumption lounge, or a hookah bar within the Municipality without having first obtained a business license from the Monroeville Tax Office;

The business license, as provided for in this article, shall be prominently displayed on the premises of the medical marijuana facility;

Any license issued pursuant to this section is nontransferable to another person, entity, location or premises, medical marijuana establishment;

No medical marijuana facility shall be operated within the Municipality unless the business possesses a valid license issued by the Commonwealth of Pennsylvania to do so, and all standards as established by the commonwealth are complied with.

Upon suspension or revocation of the license issued by Commonwealth of Pennsylvania, the business license issued by the building and Engineering Department shall be empowered to immediately suspend or revoke the Municipal issued business license until such a time as the Commonwealth of Pennsylvania can adjudicate the issue with the state-level permit.

If a business fails to renew an existing business license operating in the Municipal limits, the Municipality shall immediately report such infraction to the Commonwealth of Pennsylvania Medical Marijuana Authority.

The location of the medical marijuana facility shall meet all county and commonwealth operating requirements.

A traffic impact study shall be required.

The site shall have frontage on and direct vehicular access to a public road.

A medical marijuana dispensary shall be a minimum distance of 1,000 feet from the next nearest clinic. This does not include complementing or supporting businesses covered by different definitions. This distance shall be measured in a straight line from the closest exterior walls of the buildings or portions thereof in which the businesses are conducted or proposed to be conducted, regardless of the municipality in which it is located.

Any facility dispensing medical marijuana must be legally registered in the commonwealth and possess a current valid medical marijuana permit from the Department of Health. Such a facility 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.

Dispensaries shall have a single secure public entrance and shall implement appropriate security measures to deter and prevent the theft of controlled substances and unauthorized entrance into areas where they are stored.

An applicant for a business license for a medical marijuana facility shall submit an application to the Municipality, through the Building and Engineering Department, requiring the following information:

Full name and address of the applicant;

The location at which the proposed medical marijuana facility is to be operated;

A floor plan of the establishment; and

A parking layout.

Upon applying for a business license for a medical marijuana facility, a cigar bar, a consumption lounge, or a hookah bar, the Building and Engineering Department shall investigate, or cause to be investigated, the proposed business location to determine:

If building codes are complied with and report the findings in writing;

If building codes concerning health and safety are complied with and report the findings in writing;

If building codes concerning fire prevention and safety are complied with and report the findings in writing.

Medical marijuana dispensaries shall be a maximum of 3,000 gross square feet, of which no more than 500 square feet shall be used for secure storage of product, and shall have an interior customer waiting area equal to a minimum of 25% of the gross floor area.

A medical marijuana dispensary shall:

Not have a drive-through service;

Not have outdoor seating areas;

Not have outdoor vending machines;

Prohibit the administering of or the consumption of medical marijuana on the premises; and

Not offer direct or home delivery service.

A medical marijuana dispensary may dispense controlled substances only to certified patients and caregivers and shall comply with all lawful, applicable health regulations.

All waste collection/storage areas shall be located at least 50 feet from the nearest building and shall be enclosed by a solid masonry screen wall.

All mechanical equipment shall be screened from the view of adjoining properties.

Medical marijuana dispensary shall not be established or operated within 1,000 feet or distance established by federal or state regulations (whichever distance is greater) of an existing school, public playground, public park, day care or nursery school, place of worship.

Any medical marijuana dispensary lawfully operating shall not be rendered in violation of these provisions by the subsequent location of a public, private or parochial school or a day-care facility.

A dispensary that provides medical marijuana may not operate on the same site as a facility used for growing and processing medical marijuana.

Medical Marijuana Facilities shall be subject to the off-street parking requirements as specified in Article IX.

YY.

Medical marijuana growing facility.

Shall abide by all state and federal regulations;

All uses shall be conducted within a completely enclosed building and shall create no external visible sign of the operation, such as noise, smoke, vibration, or any other factor.

Grow facilities must be in an enclosed and secured facility with functional windows, doors, rigid or semi-rigid walls and a roof.

Off-street parking, loading, and hours of operation shall be conducted in a manner that does not interfere with any industrial operations in the vicinity.

The operation shall have a comprehensive identification system that includes all employees' full legal name and photograph.

Nonemployee, noncustomer visitors must hold and display an identification badge and log their time of arrival, departure, and purpose of visit in a record that's preserved for a period of three years.

A security alarm system that covers all points of entry and perimeter windows. Utilization of motion detectors, pressure switches, duress and panic buttons, and hold-up alarms.

A complete surveillance system that includes a storage device and internet protocol (IP) compatible. Technical requirements include a minimum resolution of 640 by 470 pixels, 10 frames a second recording rate, and twenty-four-hour continuous operation. Furthermore, the storage device must be secured on-premises using a strong box or locked cabinet to prevent tampering or theft. All video surveillance footage must be stored for a period of 45 days and accessible to law enforcement or state licensing officials upon request.

Video surveillance cameras should be positioned to achieve easy and uninhibited view of any person approaching or leaving the premises as well as within view of all POS areas, perimeter entrances/exits, grow facilities, processing rooms, and distribution areas. Furthermore, all cannabis products must be placed in a quarantined storage area for 24 hours prior to transportation to another licensed facility.

Cannabis producers and licensees must adhere to a strict product tracking system that ranges from seed to sale.

All mechanical equipment shall be screened from the view of adjoining properties.

All waste collection/storage areas shall be located at least 50 feet from the nearest building and shall be enclosed by a solid masonry screen wall.

Shall meet all requirements as listed for § 359-54A Agriculture farm.

Fencing shall be required, meeting the requirements of § 359-95, Fences and hedges.

ZZ.

Membership club.

Also see "athletic facility," "day spa," "fitness center," "gymnasium," "recreational facility," and "sports facility."

A traffic impact study shall be required;

The site shall have frontage on and direct vehicular access to a public road;

The minimum required building setback from any property adjoining a residential use or a residential zoning district shall be 50 feet;

The outdoor recreational area shall be setback 50 feet from all property lines and surrounded with opaque fencing. The height of the fencing shall be subject to the regulations of § 359-95.

Any membership club shall provide buffer yards in accordance with § 359-98, Landscaping, buffer yards and screening;

Any membership club that includes a restaurant shall further be subject to the off-street parking requirements of Article IX, Off-Street Parking and Loading, for the portion of the building devoted to restaurant use;

Any membership club shall provide fencing to control pedestrian ingress and egress;

All mechanical equipment shall be screened from the view of adjoining properties;

All waste collection/storage areas shall be located at least 50 feet from the nearest building and shall be enclosed by a solid masonry screen wall;

Any rental of the facility to non-members shall require on-site management and/or security personnel during the event.

AAA.

Methadone treatment facility.

See "substance abuse treatment facility."

BBB.

Mobile home park.

A traffic impact study shall be required;

The minimum site area shall be 10 acres;

Mobile home parks shall not be located in any identified floodplain area;

No part of any mobile home park shall be used for nonresidential purposes, except such uses that are required for the direct servicing and well-being of park residents' use and for the management and maintenance of the park;

Nothing contained in this section shall be deemed as prohibiting the sale of a mobile home located on a mobile home lot and connected to utilities;

No central toilet, washroom or laundry facilities and shall be constructed within the mobile home park;

Individual mobile home lots shall have an area of not less than 3,000 square feet with a minimum width of 40 feet and a minimum lot depth of 75 feet;

The total number of mobile home lots shall not exceed 12 per acre;

Margins alongside the front, side and rear property line shall be densely planted with trees and shrubs for a depth of not less than 25 feet;

Each mobile home shall have an entrance platform or patio to conform to the overall plan;

Each mobile home park shall provide sanitary services and conveniences including water supply, sewage disposal, streetlighting and garbage disposal;

Natural gas piping systems, when installed in mobile home parks, shall be maintained in conformity with accepted engineering practices and the standards and regulations of the gas company;

Each mobile home lot provided with piped gas shall have an approved shutoff valve installed upstream of the gas outlet. The outlet shall be equipped with an approved cap to prevent accidental discharge of gas when the outlet is not in use;

All mechanical equipment shall be screened from the view of adjoining properties;

All waste collection/storage areas shall be located at least 50 feet from the nearest building and shall be enclosed by a solid masonry screen wall;

Liquefied petroleum gas systems provided for mobile homes, service buildings or other structures, when installed, shall be maintained in conformity with the rules and regulations of the authority having jurisdiction, including the National Fire Protection Association and the Building Officials and Code Administrators International, Inc., National Fire Prevention Code, 1987, or as amended. These rules and regulations shall also include the following:

Systems shall be provided with safety devices to relieve excessive pressures and shall be arranged so that the discharge terminates at a safe location;

Systems shall have at least one accessible means for shutting off gas. Such means shall be located outside the mobile home and shall be maintained in effective operating condition;

Liquefied petroleum gas piping outside of the mobile homes shall be well supported and protected against mechanical injury. Undiluted liquefied petroleum gas in liquid form shall not be conveyed through piping equipment and systems in mobile homes;

Vessels of more than 12 US gallons and less than 60 US gallons gross capacity shall be securely, but not necessarily permanently, fastened to prevent accidental overturning; and

No liquefied petroleum gas vessel shall be stored or located inside or beneath any storage cabinet, carport, mobile home, or any other structure unless such installations are specially approved by the authority having jurisdiction.

Installation of fuel oil supply system:

All fuel oil supply systems provided for mobile homes, service buildings and other structures shall be installed and maintained in conformity with the rules and regulations of the authority having jurisdiction, including the National Fire Protection Association;

All piping from outside fuel-storage tanks or cylinders to mobile homes shall be securely, but not necessarily permanently, fastened in place; and

All fuel oil supply systems provided for mobile homes, service buildings and other structures shall have shutoff valves located within five inches of storage tanks.

Storage tanks:

All fuel storage tanks or cylinders shall be securely placed and shall not be less than five feet from any mobile home exit; and

Storage tanks located in areas subject to traffic shall be protected against physical damage.

Motel.

See "hotel."

Multifamily.

See "apartment"; "condominium"; townhouse"; and "two-family home."

EEE.

Natural gas compressor stations and natural gas processing plants. (Also reference oil and gas, injection wells, impoundments sections.)

Compressor stations.

Compressor stations shall only be permitted on property that is a minimum of five acres or larger. The applicant shall present evidence to confirm that the site selected will not unreasonably adversely affect:

Lawful existing or authorized uses of adjacent properties;

Neighboring flood-prone or landslide-prone areas; and

Agriculture and farmland.

A conditional use application for a compressor station shall be accompanied with written permission from the property owner(s) who has legal or equitable title in and to the surface of property;

Conditional use approval is nontransferable without the consent from the Municipality of Monroeville, and shall automatically terminate, unless extended, if operations are not commenced within one year from the date of the issuance of the permit for the conditional use;

As part of its conditional use application, the applicant shall provide the Municipality and its emergency responders with the name and twenty-four-hour contact information of the individual who is supervising the operations. Applicant shall also provide similar contact information for all subcontractors, and shall be responsible for updated such a list as required;

All compressor stations shall be completely enclosed by a building that shall match or blend in with the architectural features of surrounding properties and the existing character of the area. The building shall be constructed of soundproof walls, and all equipment shall be enclosed within the building;

The minimum setback distance from all protected structures shall be 500 feet measured from the edge of any machinery or equipment;

Access directly to state roads shall require a Pennsylvania Department of Transportation (PENNDOT) highway occupancy permit prior to initiating any work at the drill site. The permit shall be provided to the Municipality. Access roads must be 50 feet from adjacent property lines. The first 150 feet of the access road from the public road to compressor stations must be paved. The remainder of the access road shall be constructed with a dust-resistant aggregate material, and shall provide for adequate control of stormwater runoff and erosion and sedimentation control;

The access road shall be gated to prevent unauthorized access to the site. The site 911 address shall be posted on a sign at the access gate, along with the name and twenty-four-hour emergency contact phone number of the owner and operator of the compressor station;

The operator shall provide a plan for the transmission of oil, gas, water or other substances to and from the compressor station. The operator shall identify the location of gathering lines, compressors, and other mid and downstream facilities located in the Municipality and extending 750 feet beyond municipal boundaries. The operator shall provide the Municipality with all authorizations and permits proving operator's ability to operate the compressor station, pipelines and other equipment;

All noise-generating equipment used at compressor stations shall be reduced using acoustical blankets, sound walls, mufflers and other acceptable noise suppressing methods. As part of the conditional use application and prior to commencing operations, the applicant shall establish the residual or background noise level baseline. The baseline shall be established over a seventy-two-hour period with at least one twenty-four-hour reading on a Saturday or Sunday. A noise consultant/engineer mutually agreed upon by the operator and the Municipality shall be responsible for performing the baseline tests at the applicant's sole cost and expense;

The noise generated during operations, when measured at the nearest protected structure property line or 100 feet from the nearest protected structure (as measured to the closest exterior point of the building), whichever is closer to the protected structure, shall not exceed the average ambient noise level as determined by the seventy-two-hour evaluation:

During operations by more than 10 decibels during the hours of 7:00 a.m. to 9:00 p.m.; and

During operations by more than five decibels during the hours of 9:00 p.m. to 7:00 a.m.

All structures, including but not limited to pumping units, storage tanks, buildings and structures shall be painted a neutral color, compatible with the surrounding environment;

The facility and/or its operations shall at all times comply with all applicable permits and requirements of the PADEP, the United States Environmental Protection Agency, and any other governmental authority having jurisdiction over its operations. The facility and operator shall also at all times comply with all federal, state and local laws, ordinances and regulations promulgated to protect the environment. The applicant shall demonstrate that the proposed operations do not violate the rights of the citizens of the Municipality pursuant to the Pennsylvania Environmental Rights Amendment.

Processing plants.

Processing plants shall only be permitted on property that is a minimum of five acres or larger. The applicant shall present evidence to confirm that the site selected will not unreasonably adversely affect:

Lawful existing or authorized uses of adjacent properties;

Neighboring flood-prone or landslide-prone areas; and

Agriculture and farmland.

A conditional use application for a compressor station shall be accompanied with written permission from the property owner(s) who has legal or equitable title in and to the surface of property;

The operator shall provide a plan for the transmission of oil, gas, water or other substances to and from the processing plant. The operator shall identify the location of gathering lines, compressors, and other mid and downstream facilities located in the Municipality and extending 750 feet beyond municipal boundaries. The operator shall provide the Municipality with all authorizations and permits proving operator's ability to operate the processing plant, pipelines and other equipment;

All noise generating equipment used at processing plants shall be reduced using acoustical blankets, sound walls, mufflers and other acceptable noise suppressing methods. As part of the conditional use application and prior to commencing operations, the applicant shall establish the residual or background noise level baseline. The baseline shall be established over a seventy-two-hour period with at least one twenty-four-hour reading on a Saturday or Sunday. A noise consultant/engineer mutually agreed upon by the operator and the Municipality shall be responsible for performing the baseline tests at the applicant's sole cost and expense;

During operations by more than 10 decibels during the hours of 7:00 a.m. to 9:00 p.m.; and

During operations by more than five decibels during the hours of 9:00 p.m. to 7:00 a.m.

All structures, including but not limited to pumping units, storage tanks, buildings and structures shall be painted a neutral color, compatible with the surrounding environment;

The Municipality reserves the right to impose additional conditions and safeguards necessary to protect the health, safety and welfare of its residents in the event of any unique circumstances or unintended consequences of the oil and gas operations in accordance with the Pennsylvania Municipalities Planning Code; and

FFF.

Nightclub.

A traffic impact study shall be required;

There shall be only one nightclub permitted on a single lot or parcel;

A nightclub shall be allowed (as a Conditional use) in the C-2, C-3 and BLVD Districts only;

A nightclub shall not be located within 100 feet from any parcel of land or lot used principally as a residential use;

A nightclub shall not create an enticement for minors because of its proximity to nearby uses where minors may congregate, including but not limited to schools, churches, or libraries;

A nightclub shall be located principally within an enclosed building that has its main entrance facing upon a public right of way and such entrance shall be the primary entrance used for the nightclub use. Outdoor areas used by a nightclub may only comprise an area equal to 10% of the indoor area used by the nightclub, and such outdoor area may only be used for dining purposes;

Nightclubs shall not utilize outdoor speakers or generate noise in excess of the limits otherwise permitted by this chapter;

Where a nightclub is located within a multitenant facility, such as a shopping center, measurement shall occur from the boundary of the leasehold interest, instead of the property line;

All mechanical equipment shall be screened from the view of adjoining properties;

All waste collection/storage areas shall be located at least 50 feet from the nearest building and shall be enclosed by a solid masonry screen wall;

The separation requirements hereof shall be measured in a straight line, without regard to intervening structures, from the closest point on each parcel;

Hours of operation. A nightclub may be open for business no longer than on Mondays through Thursdays from 10:00 a.m. to 12:00 midnight; on Fridays and Saturdays from 10:00 a.m. to 2:00 a.m. (the following day); and on Sundays from 10:00 a.m. to 10:00 p.m. Such hours of operation may be further limited or restricted (as an additional condition) upon a finding that such is reasonable and necessary due to the proximity of the nightclub to adjacent uses; and

A proposed night club must demonstrate specific compliance with the regulations concerning fire protection, lighting; noise limitations; odors; off-street parking; and off-street loading, all as required by this chapter.

GGG.

Nursing home facility. Also see "assisted living facility," "continuing care facility," "hospice," "personal care home facility," and "skilled nursing facility."

A traffic impact study shall be required;

A nursing home facility shall be located on property, which consists of one or more lots and contains a minimum of one acre. If more than one lot or parcel is used, they must be contiguous. Nursing Home facilities occupying more than one lot or parcel shall obtain subdivision approval consolidating such lots;

All structures shall be set back a minimum of 40 feet from all property lines;

The site shall have frontage on and direct vehicular access to a public road;

Shall not be approved unless plans prepared by an architect or engineer are submitted which clearly indicate that adequate light, ventilation and fireproofing are provided;

The dwelling facility and its accommodations shall be functional and convenient regarding the specific needs of the group to be housed in the facility;

All mechanical equipment shall be screened from the view of adjoining properties;

All waste collection/storage areas shall be located at least 50 feet from the nearest building and shall be enclosed by a solid masonry screen wall;

The lot coverage by all principal and accessory buildings shall not exceed 40%;

Ingress, egress, and internal traffic circulation shall be designed to ensure access by emergency vehicles;

The parking and circulation plan shall be referred to the Fire Official for comments regarding traffic safety and emergency access;

The applicant shall file a detailed statement of intent describing the proposed use of the building, in which the statement shall detail the proposed number and nature of the anticipated occupants;

It shall be in compliance with the Pennsylvania Department of Health, Department of Public Welfare, and Department of Mental Health standards applicable at the time of issue of license, and with the latest revision of licensing requirements. A license or certification shall be obtained from all appropriate governmental agencies prior to the issuance of an occupancy permit;

A certificate of occupancy shall be required before any unit may be occupied;

Any change in the conditions of original approval shall constitute a new use; and

The full procedure for obtaining approval of the conditional use shall be required.

HHH.

Oil and gas development, drilling and related operations. (Also reference injection wells, impoundments, natural gas compressor stations sections).

A conditional use application shall be accompanied with written permission from the property owner(s) who has legal or equitable title in and to the surface of the drill site or a demonstrable documentation of the applicant's authority to occupy the surface for the purposes of mineral extraction. In addition, the applicant shall include the proposed pipeline route from the oil and gas drill site to the transmission line and how fluids will be brought to and from the site;

Conditional use approval is nontransferable without the consent from the Municipality of Monroeville, and shall automatically terminate, unless extended, if drilling is not commenced within one year from the date of the issuance of the permit for the conditional use;

The well site shall maintain a minimum distance from protected structures, as set forth in Subsection HHHH(5) below. The Municipality reserves the right to increase any setback based on physical characteristics of the site and evidence received at the public hearing necessitating an increase in the minimum setback, including but not limited to topography, wind conditions, air modeling studies, woodlands, hydrogeological studies, and distance from structures, parks, schools and residential neighborhoods as part of the conditional use process;

Oil and gas development shall only be permitted to be undertaken on property whose overall acreage is a minimum of 10 acres or larger. Multiple property owners may combine adjoining properties to meet this minimum acreage requirement;

The minimum setback distance from all protected structures shall be 500 feet measured from the center of the wellhead;

Oil and gas well/pads shall comply with all screening and buffer yard requirements of the zoning district in which the pad/well is located;

In construction of the oil and gas well/pad, the natural surroundings should be considered and attempts made to minimize impacts to adjacent properties;

A site plan prepared by an engineer or surveyor licensed in Pennsylvania shall be provided to establish compliance with all applicable regulations. All drilling and production operations, including derricks, vacuum pumps, compressors, storage tanks, vehicle parking, structures, machinery, temporary housing, ponds and pits, and ancillary equipment on the well site shall be identified. All protected structures within 1,500 of the property lines of the well site shall be identified. All roads related to the development or facility must also be shown. A sufficient number of copies of the site plan shall be provided for review and comment by all Municipal emergency service organizations;

Scheduling. The applicant shall provide a schedule with the application indicating the anticipated beginning and ending dates for the following activities:

Well site preparation;

Drilling activity;

Completion (perforating);

Stimulation (hydraulic fracturing);

Production work;

Plugging; and

Site restoration;

The applicant shall identify the means and availability of the site for disposal of cuttings, fracturing fluids, oil, toxic materials, hazardous materials, and other waste products;

As part of the conditional use application, the applicant shall have submitted all necessary applications for permits and plan approvals from PADEP. Prior to beginning the drilling site construction, the applicant shall submit to the Municipality a copy of all permits issued by PADEP. In addition, the Municipality shall be provided with copies of all plans (erosion and sedimentation control, grading, water management plan, water withdrawal plan, pollution prevention contingency, alternate waste disposal, etc.) required and approved by PADEP. The Municipality shall be provided with a timeline and activity schedule, and all required permits shall be maintained, commencing at site construction and continuing throughout the duration of drilling and production testing (hydraulic fracturing) operations. Any suspension or revocation of permits or other penalties imposed by PADEP shall be reported to the Municipality, and shall constitute a violation of the Municipality land use approval and may result in suspension of such approval;

The applicant shall provide an environmental impact analysis. The environmental impact analysis shall describe, identify and analyze all environmental aspects of the site and of neighboring properties that may be affected by the proposed operations, or the ultimate use proposed to be conducted on the site. The limits of the impact area to be studied shall be reviewed and approved by the Planning Commission and the Municipal Council. The environmental impact study shall include, but not be limited to, all critical impact areas on or off-site that may be impacted by the proposed or ultimate use of the facility, including the impact on the critical areas, the protective measures and procedures to protect the critical areas from damage, and the actions to be taken to minimize environmental damage to the critical areas on the site and surrounding areas during and after completion of the operation. Critical impact areas include, but are not limited to stream corridors; streams; wetlands; slopes in excess of 25%; sites where there is a history of adverse subsurface conditions or where available soils information or other geotechnical data, including data from the Bureau of Mines, indicates the potential for landslides, subsidence or other subsurface hazards; Class I agricultural lands; highly acidic or erodible soils; carbonate or highly fractured bedrock; aquifer recharge and discharge areas; areas of unique or protected vegetation, wildlife habitat, and areas of historic, cultural and/or archaeological significance;

General standards.

Best management practices shall be followed;

The uses regulated by this section are determined to be land developments and subject to the applicable provisions of the Municipal Subdivision And Land Development Ordinance, as it may be amended;[16]

[16]

Editor's Note: See Ch. 324, Subdivision and Land Development.

Any hazardous or toxic material shall be securely contained, stored and removed in accordance with applicable state or federal regulations. On-site disposal is prohibited. All hazardous materials stored must be clearly marked, identifying the contents, chemicals, and hazards as required by the OSHA Hazard Communication Standard 29 CFR 1910.1200 and National Fire Protection Association (NFPA) Code 104 - Standard System for the identification of the Hazards of Materials for Emergency Response. All regulated tanks are to be labeled to a NFPA specification;

Storage of equipment:

No equipment, including drilling, redrilling, reworking or other portable equipment, shall be stored on the development or facility which is not essential to the everyday operation of the development or facility. This includes the removal of idle equipment unnecessary for the operation of wells;

Lumber, pipes, tubing, and casing shall not be left on the development or facility except when drilling or well-servicing operations are being conducted on the site;

Fracture fluid storage ponds, open pits and reserve pits are highly discouraged. Closed-loop systems and other related best management practices, including but not limited to the use of netting over fracture fluid ponds, shall be used during the drilling or completion of any well;

Fresh water storage ponds are permitted. The use of nonpotable water is strongly encouraged;

The oil and gas development or facility shall be located, designed and constructed to minimize the removal of trees and shrubs, protect all natural resources, and minimize the amount of surface disturbance;

The operator shall not clear brush or trees by way of burning and shall chip, grind, or remove all tree stumps from properties it clears for development purposes;

The location and design of structures and site improvements shall be integrated with the natural color, form, and texture of the surrounding area;

All operations shall be in accordance with applicable federal laws and regulations, the Pennsylvania Oil and Gas Act (58 P.S. §§ 601.101 et seq.), as amended, and pursuant to all other applicable rules, regulations, and procedures adopted pursuant thereto;

The operator shall be responsible for prevention and prompt removal of spills involving waste materials, oil, and toxic or hazardous materials;

Multiple well pad sites on any one oil and gas development shall be prohibited, unless the operator proves to the satisfaction of the Municipality that the underlying geology makes using a single well pad impractical;

A copy of the site plan submitted as part of the conditional use application;

A general description of the planned operations at the development or facility and associated equipment to be used;

The contact information for the operator; and

The operator of any development or facility shall notify the Emergency Management Coordinator, Municipal Manager, and Municipal Engineer no less than 90 days prior to the startup and abandonment or shutdown of any well site;

Predrilling, post-hydraulic fracturing and baseline water survey requirements. Prior to drilling and post-hydraulic fracturing, the operator shall be responsible for testing all existing water supplies (surface water and groundwater) within 1,500 feet of the surface location of the well. The purpose of testing is to determine the baseline quality of surface water and groundwater in the immediate vicinity of the proposed well site and to evaluate the resultant changes that may occur or have an impact on the water supply of the site and the surrounding area. If a landowner refuses to allow the operator access to conduct a survey, the operator shall show evidence of such refusal in accordance with applicable Pennsylvania law. In addition, prior to the drilling, the operator will be required to drill a test well outside of the limits of the well pad, but no more than 750 feet from the well location, to a depth that intersects all known or viable aquifers for the purpose of obtaining a baseline assessment of the water quality in the vicinity of the site. The test well shall be located such that it is part of the hydrologic system of the drill site. All testing shall adhere to the following:

Predrilling testing results, both from existing water supplies and from the operator-drilled test well, shall be submitted as part of the conditional use application;

Post-hydraulic fracturing testing shall be completed no sooner than one month after hydraulic fracturing activities have ceased and no later than two months after hydraulic fracturing activities have ceased;

The post-hydraulic fracturing test results, both from existing water supplies and from the operator-drilled test well, shall be submitted to the Municipality, PADEP and residents within 1,000 feet of the surface location of the well in accordance with applicable Pennsylvania law, within 10 days of receipt of same;

Sixty days prior to drilling, the operator shall notify residents with water wells within 4,000 feet of the gas well of its intentions to drill. The operator shall provide proof of notice to the Municipality;

All condensate tanks, compressor stations, processing plants and other production facilities shall be equipped with vapor recovery and/or vapor destruction units;

The operator shall be responsible for all costs associated with the drilling and testing, and testing shall be done by an independent, state-certified water testing laboratory agreed upon by the Municipality;

The operator shall provide a water withdrawal plan for the development identifying the source of water, how many gallons will be used and withdrawn each day, the origination of the water, proposed truck routes, and all permits issued by the Commonwealth of Pennsylvania or any other governmental body. If the development is to be supplied by way of waterlines, the locations of all proposed waterlines are to be identified. The site for the treatment and disposal of the water shall also be identified. The use of nonpotable water sources is highly encouraged. The use of injection wells for disposal of fracking fluid is strongly discouraged. The applicant is required to use best management practices;

The operator shall hire a hydrogeologist agreed upon by the Municipality to conduct water quality testing. The hydrogeologist shall submit a pretesting and a predrilling plan to be approved by the Municipality. The hydrogeologist shall test for gallons per minute (gpm) flow rates, yield, groundwater levels, and other pertinent information for all viable aquifer zones by way of drawn-down tests or other suitable means. The hydrogeologist measures and record flow rates in gpm for all surface water sources. Groundwater levels and other pertinent information via draw-down tests or other suitable means shall be measured from all available wells. The operator shall provide GPS coordinates for all test sites; and

Operator shall test for the following list of parameters:

		Analyte
Inorganic	Trace Metal	Organic	Microbiology	Other
Alkalinity	Barium	Ethane	Coliform/E. Coli	Volatile compounds
Chloride	Calcium	Methane		Detergent (MBAs)
Conductivity	Iron	Propane		Organic carbon
Hardness	Magnesium			Nitrate
Oil/grease bromide	Manganese			Radionuclides/gross alpha, radium
pH	Potassium			Radon
Sulfate	Sodium			Lead
Dissolved solids	Strontium			Total coliform bacteria
Residue	Aluminum
Turbidity	Lithium
Ethylene glycol	Selenium
Acetone	Boron

Prior to drilling and post-hydraulic fracturing, the operator shall be responsible for testing the soil conditions within the area of the drill site, but no greater than 500 feet from the surface location of the well. The purpose of testing is to determine the baseline soil conditions in the immediate vicinity of the proposed well site and evaluate resultant changes that may occur or have an impact on the soils of the site and surrounding area:

Predrilling results shall be submitted as part of the conditional use application;

The results shall be submitted to the Municipality and the PADEP within 10 days of their receipt;

The operator shall be responsible for all costs associated with the sample collection and testing, and testing shall be done by an independent, state-certified water testing laboratory agreed upon by the Municipality; and

Operator shall test for the following parameters:

	Analyte
Inorganic	Trace Metal	Microbiology	Other
Alkalinity	Barium	Coliform/E coli	Volatile Compounds
Chloride	Calcium		Nitrate
Hardness	Iron		Radionuclides gross Alpha, Radium
Oil/Grease Bromide	Magnesium		Lead
Ph	Manganese
Sulfate	Potassium
Residue (filterable)	Sodium
Residue (non-filterable)	Strontium
Bromide	Arsenic
	Zinc
	Aluminum
	Lithium
	Selenium
	Boron

The applicant shall provide an air quality study. The study shall be prepared by experts acceptable to the Municipality and submitted with the application and shall include an analysis of the existing and predicted air quality levels, including smoke, odors, fumes, dust, and pollutants at the site. This report shall contain the sources of the information, the data and background tests that were conducted and the conclusions and recommendations of the professionals preparing the report that would be required to maintain the air quality at a level equal to or better than the existing background level prior to the proposed use; or the applicant/developer shall submit a statement prepared by an engineer warranting that the nature of the use will produce no impact on air quality.

Air-contaminant emissions shall be in compliance with all municipal, county, state, and Federal regulations, including, without limitation, the provisions of this chapter, as amended, and all applicable regulations for smoke, ash, dust, fumes, gases, odors, and vapors;

Beginning with its intersection with a public street, any ingress or egress point for the development or facility shall be paved for the first 50 feet and improved with limestone or other material for the next 100 feet in a manner that no water, sediment, or debris will be carried onto any public street. If any amount of mud, dirt, or other debris is carried onto public or private ROW from the well site, the operator shall immediately clean the roads and implement a remedial plan as directed by the Municipality to keep the streets continuously clean;

The first 50 feet from the existing edge of pavement extending into the site shall consist of the following material:

Compacted subgrade;

PennDOT Class 4 geotextile fabric;

Eight inches of AASHTO No. 1 crushed aggregate base course;

Two inches of PennDOT 2A aggregate;

Six inches of superpave 25 mm binder course;

The remainder of the driveway to the well pad shall be constructed with the following material:

Eight inches of AASHTO No. 1 crushed aggregate base course;

Two inches of PennDOT 2A aggregate;

Ingress and egress points for all public and private driveways or roadways shall be located and improved in order to:

Meet Pennsylvania Code 67, Chapter 441, Access to and Occupancy of Highways by Driveway and Local Roads, PennDOT Design Manual 2;

Ensure adequate capacity for existing and projected traffic volume;

Provide efficient movement of traffic, including appropriate turning radii and transition grade;

Minimize hazards to highway users and adjacent property and human activity;

All applicable permits or approvals must be obtained, including, without limitation:

Access or driveway permits to state or county roads;

Overweight or oversize loads;

The applicant shall provide the Municipality with a traffic plan depicting proposed truck routes to be used during all phases of operations. The traffic plan shall minimize the impact on Municipality roads. The Municipality reserves the right to alter or amend such routes to accommodate public safety and the flow of traffic. All approved routes shall be designated with identification signs approved by the Municipality;

There will be no staging of trucks or equipment on local roads;

A traffic control plan in conformance with PennDOT standards shall be provided;

Geophysical exploration (seismic testing):

For any areas of the municipality where the applicant intends to conduct seismic testing, a licensed geologist must provide a report regarding the ability of the land to subside due to the proposed operations. This report must detail the amount of risk of seismic activity because of existing subsurface conditions and with the introduction of drilling and fracking;

The applicant shall post a bond or other security in a form to be approved by the Municipality in the amount of $1,000,000 to cover the cost of any damage as a result of seismic testing;

Prior to the initiation of work at a site, the applicant shall execute an agreement with the Municipality for a Type 2 permit in accordance with Chapter 189.4(B) of the Pennsylvania Code. The applicant shall post a bond in favor of the Municipality in an amount and form acceptable to the Municipality to guarantee repair and restoration of Municipality-owned roads and bridges;

An off-street area, at the entrance to the drill site and outside of the road right-of-way shall be provided for vehicles to stage while gaining access to the well site to prevent an interruption to the normal flow of traffic. Access roads accessing the drill site shall be paved with an impervious material from the first 150 feet from the public road to the drill site. The remainder of the access road shall be constructed with a dust-resistant aggregate material, and shall provide for adequate control of stormwater runoff and erosion and sedimentation control;

(24)

As part of the conditional use application, applicant shall provide the Municipality and the Municipality's fire department with a copy of its PADEP approved preparedness, prevention and contingency (PPC) plan. Not less than 30 days prior to the commencement of drilling its first well, the applicant shall provide, at its sole expense, a group training program for the Municipality's emergency responders. Such training shall be updated on an annual basis;

(25)

As part of its conditional use application, the applicant shall provide the Municipality and its emergency responders with the name and twenty-four-hour contact information of the individual who is supervising the drilling operation. Applicant shall also provide similar contact information for all subcontractors, and shall be responsible for updated such a list as required;

(26)

The access road shall be gated to prevent unauthorized access to the well site. The well site 911 address shall be posted on a sign at the access gate, along with the name and twenty-four-hour emergency contact phone number of the owner and operator of the well site. In lieu of an access gate, the operator may provide a twenty-four-hour manned access point during the drilling operation;

(27)

No well site lighting used for or associated with the drilling operation shall be positioned or directed in such a manner so that it shines directly upon public roads, adjacent properties or property in the general vicinity of the well site. Site lighting shall be directed downward and shielded so as to avoid glare. Lumen levels shall not exceed zero footcandle at the well site property line;

(28)

All drilling operations shall be conducted in such a manner to minimize dust, vibration or noxious odors. All equipment used shall be constructed and operated so that vibrations, dust, odors and other harmful and annoying effects are minimized by the operations carried on at the drill site to avoid injury to or annoyance to persons living in the vicinity, nor shall the site or structures thereon be permitted to become dilapidated, unsightly or unsafe;

(29)

The Municipality may require acoustical blankets, sound walls, mufflers or other alternative methods as proposed by the operator to ensure compliance depending on the location of the proposed drill site to adjacent properties. As part of the conditional use application and prior to commencing drilling operations, the applicant shall establish the residual or background noise level baseline. The baseline shall be established over a seventy-two-hour period with at least one twenty-four-hour reading on a Saturday or Sunday. A noise consultant/engineer mutually agreed upon by the operator and the Municipality shall be responsible for performing the baseline tests at the applicant's sole cost and expense:

The noise generated during drilling activities, when measured at the nearest protected structure property line or 100 feet from the nearest protected structure (as measured to the closest exterior point of the building), whichever is closer to the protected structure, shall not exceed the average ambient noise level as determined by the seventy-two-hour evaluation:

During drilling activities by more than 10 decibels during the hours of 7:00 a.m. to 9:00 p.m.; and

During drilling activities by more than five decibels during the hours of 9:00 p.m. to 7:00 a.m.

The noise generated during operating hours activities shall not exceed the average ambient noise level as determined by the seventy-two-hour evaluation or default level, whichever is higher:

During drilling activities, by more than 10 decibels (dBa) during the hours of 7:00 a.m. to 9:00 p.m.

During drilling activities, by more than seven decibels (dBa) during the hours of 9:00 p.m. and 7:00 a.m. or by more than 10 decibels (dBa) during hydraulic fracturing operations. The operator shall inform the Municipality of which level (average ambient noise level or default level) is being used.

All permanent facilities associated with the oil and gas well/pad shall meet the general noise requirements of this chapter. Where a conflict exists the more stringent requirements shall apply.

Oil and gas wells/pads or facilities performing the equivalent functions shall be constructed to mitigate sound levels or have installed mitigation devices to mitigate sound levels to prevent such activity from being a nuisance to nearby residential or public buildings, medical, emergency, or other public facilities.

Effective sound mitigation devices shall be installed to permanent facilities to address sound levels that would otherwise exceed the noise level standards.

If a complaint is received by the Municipality regarding noise generated during construction or operation of the compressor station the operator shall, within 24 hours following receipt of notification, begin continuous monitoring for a period of 48 hours at the nearest property line to the complainant's residential or public building or 100 feet from the complainant's residential or public building, school, medical, emergency, or other public facilities, whichever is closer. The applicant shall report the findings to the Municipality and shall mitigate the problem to the allowable level if the noise level exceeds the allowable rate.

(30)

As part of the conditional use application, applicant shall submit a survey of the drill site showing the general area where associated gas production equipment (tanks or other surface installations) is to be located and the respective locations and distances to property lines. All sensitive natural features, including those 1,000 feet outside of the limits of disturbance, as defined on the approved PADEP erosion and sedimentation plan, shall also be shown;

(31)

Prior to drilling an oil or gas well or multiple oil or gas wells at a location, but no later than two weeks prior, the operator shall provide the following information to each resident within 1,000 feet of the planned surface location of the well(s):

A copy of the well survey plat showing the location(s) of the planned well(s);

A general description of the planned operations at the proposed well site, and the associated equipment to be used in development of the wells; and

The contact information of the operator.

(32)

Any on-site associated gas production equipment (well head, separator, condensate tanks and pipeline) shall be painted an earth tone color to blend in with the surrounding area;

(33)

Fencing, screening and buffering.

The Municipality may, in its sole discretion require permanent fencing and/or landscaping to buffer post-drilling facilities or gas production equipment from adjacent properties;

Security fencing consisting of a permanent galvanized chain-link fence, a minimum of eight feet in height, topped with either razor or barbed wire shall be installed prior to the commencement of any activity at every well site to secure wellheads, storage tanks, separation facilities, water or liquid impoundment areas, and other mechanical and production equipment and structures on the well site. See impoundments section for additional requirements/regulations.

The Municipality's first responders shall be given means to access the well site in case of an emergency via lock box or a Municipal-approved equivalent. The applicant must provide the Allegheny County 911 Communications Center with necessary information to access the development or facility in case of an emergency.

Warning signs shall be placed on the fencing surrounding the development or facility, providing notice of the potential dangers and the contact information in case of an emergency. During drilling and hydraulic fracturing, clearly visible warning signage must be posted on the well site.

In construction of the oil and gas development or facility, the natural surroundings shall be considered and attempts made to preserve existing trees and other native vegetation. Existing trees and respective root systems should not be disturbed whenever possible.

(34)

Any damage to public property resulting from oil and gas operations must be repaired and restored within 60 days of completing the drilling operations or as agreed to by the Municipality. If repairs cannot be completed in the required timeframe, the operator shall post sufficient financial security with the Municipality to ensure completion of the repairs or restoration;

(35)

In the event of any spill, leak or malfunction, the operator shall promptly remove or cause to be removed all waste material from any private of public property affected by such spill, leak or malfunction;

(36)

The public roadway at the entrance to the access road shall be kept free of all mud, debris, trash or other waste material;

(37)

The facility and/or its operations shall at all times comply with all applicable permits and requirements of the PADEP, the United States Environmental Protection Agency, and any other governmental authority having jurisdiction over its operations. The facility and operator shall also at all times comply with all federal, state and local laws, ordinances and regulations promulgated to protect the environment. The applicant shall demonstrate that the proposed well site operations do not violate the rights of the citizens of the Municipality pursuant to the Pennsylvania Environmental Rights Amendment;

(38)

Upon request of the Emergency Management Coordinator, the operator shall, prior to drilling its first gas well in the Municipality, make available with at least 30 days' notice, at the applicant's sole cost and expense, an appropriate group training program for emergency responders and Municipal code enforcement personnel. Such training shall be made available at least annually during any year that drilling activities take place at the oil and gas development or facility. Training should cover each phase of the development from site work to well completion. The Municipality shall require a minimum of four hours of annual training, with additional hours added at the recommendation of the Fire Chief annually. If additional wells are drilled at the site, the operator and Emergency Management Coordinator will determine if additional training is required.

(39)

The applicant shall maintain at the property and on file with the municipality a current list and the material safety data sheets (MSDS) for all chemicals used in the drilling operations (including but not limited to types of additives, acids, polymers, salts, surfactants and solvents) and in any fracturing operations. If the PPC requires availability and/or utilization of special equipment or supplies particular to the hazards or conditions addressed in the PPC, the Municipality shall require the operator to reimburse the Municipality for the cost of procurement of such special equipment or supplies;

(40)

The applicant or well site operator shall take the necessary precautions to ensure the safety of persons in areas established for road crossings and/or adjacent to roadways during periods of heavy traffic to and from the well site, through the use of flaggers or other approved traffic control methods;

(41)

All well site construction (grading, installation of erosion and sedimentation controls, roadway construction, etc.) shall be performed between the hours of 7:00 a.m. and 7:00 p.m., Monday through Saturday;

(42)

(43)

Site plan review for oil and gas wells. No zoning permit or zoning occupancy permit shall be issued for an oil and gas well until a site development plan has been submitted, reviewed and approved by the Municipality of Monroeville in accordance with the following provisions:

The application for approval of a proposed site development plan shall be accompanied by a fee established by resolution of Council to cover the costs of review. The Zoning Officer shall set forth a reasonable time schedule to be followed prior to the presentation of the application to the Council;

The application shall consist of not less than 20 copies of the letter of application together with not less than 20 copies of the drawings submitted as part of the site development plan. The proposed site development plan, a topographic plan, prepared by a professional engineer registered in the Commonwealth of Pennsylvania, to a scale no greater than one inch equals 200 feet, on a standard sheet size of 24 inches high by 36 inches wide, to include the following:

Title block giving name of development, property owner, developer, North point, key location map, registration stamp, date and scale on a standard sheet size of 24 inches high by 36 inches wide, with index;

Property lines, total acreage of parcel proposed for development and any existing oil and gas well areas adjacent to the proposed oil and gas well;

All existing streets, right of ways, and easements related to the development;

Owners of adjacent properties, including the location of any existing structures and driveway locations;

The location of relevant natural features on-site, including, but not limited to, streams or other natural water courses and adjacent areas which are subject to flooding, and significant stands of existing trees;

The location of relevant natural features abutting properties within 300 feet including, but not limited to, streams or other natural water courses and adjacent areas which are subject to flooding, and significant stands of existing trees;

The location of structures on abutting property within 300 feet of common property lines;

The location of the oil or gas well and any associated facilities and equipment;

The location of existing structures and accessory uses on-site;

The location of vehicle and equipment cleaning and tire cleaning areas. A program for removing mud and other site debris from the municipal streets;

The location of proposed access roads and proposed haul roads;

The location of stormwater and sediment controls;

A landscaping plan shall include fence and vegetation, specifically a identifying the types of perennial coverage of coniferous trees and shrubs, and or fencing of the site after construction so as to screen the well and related equipment from adjoining properties, parks and streets, public and private;

A sight distance evaluation plan with the oil and gas well extraction site at the center of the plan, radiating out 500 feet from this spot, to show the sight lines to all structures, parks and any public or private street.

An environmental impact statement, which shall include the following:

A description of existing conditions in the area;

A land use history of the property;

A description of the proposed oil and gas well and associated facilities;

An assessment of the proposed oil and gas well on the natural environment, including summary descriptions, technical data, maps and diagrams, that specifically examines geology, topography, soils, slopes, hydrology, vegetation, wildlife and air quality;

The relationship of the proposed oil and gas well to the surrounding community, including the impact on land use plans, policies and controls;

[f]

An inventory of private properties served by private water supplies within 3,000 feet of the permit area;

[g]

A historical record of previous oil and gas well operations; and

[h]

A description of existing conditions, including if an oil and gas well exists, and the construction details of that existing oil and gas well.

III.

Parking garage.

A traffic impact study shall be required; the study shall include recommended dimensions of parking spaces and aisle widths, to be approved by the Municipality on a case-by-case basis, which may deviate from the standard Municipal parking dimensions.

A parking garage shall be used exclusively for the parking or storage of licensed/registered vehicles;

The maximum grade of the parking floors shall be 6%;

There shall be a minimum of one elevator for each 250 parking spaces or fraction thereof;

Compliance with all requirements of the Americans with Disability Act;[17]

[17]

Editor's Note: See 42 U.S.C. § 12101 et seq.

All waste collection/storage areas shall be located at least 50 feet from the nearest building and shall be enclosed by a solid masonry screen wall;

All mechanical equipment shall be screened from the view of adjoining properties;

No sale, rental service or repair operations of vehicles shall be performed inside the garage; and

Access to parking garage and parking areas containing more than five spaces shall be designated to ensure that entering and exiting vehicles do not disrupt vehicle and pedestrian circulation patterns. At a minimum, all garage doors, ticket machines or entrance gates shall be located so as to allow a minimum of 20 feet clearance from sidewalks and street rights-of-way. Driveways serving such parking areas shall be located at least 60 feet from intersecting street rights-of-way and joint access to abutting parcels shall be provided wherever practical.

JJJ.

Personal care home facility. Also see "assisted living facility," "continuing care facility," "hospice," "nursing home facility," and "skilled nursing facility."

A traffic impact study shall be required;

A personal care home facility shall be located on property, which consists of one or more lots and contains a minimum of one acre. If more than one lot or parcel is used, they must be contiguous. Personal care home facilities occupying more than one lot or parcel shall obtain subdivision approval consolidating such lots;

All structures shall be set back a minimum of 40 feet from all property lines;

The site shall have frontage on and direct vehicular access to a public road;

Shall not be approved unless plans prepared by an architect or engineer are submitted which clearly indicate that adequate light, ventilation and fireproofing are provided;

The dwelling facility and its accommodations shall be functional and convenient with regard to the specific needs of the group to be housed in the facility;

All mechanical equipment shall be screened from the view of adjoining properties;

All waste collection/storage areas shall be located at least 50 feet from the nearest building and shall be enclosed by a solid masonry screen wall;

The lot coverage by all principal and accessory buildings shall not exceed 40%;

Ingress, egress, and internal traffic circulation shall be designed to ensure access by emergency vehicles;

The parking and circulation plan shall be referred to the Fire Official for comments regarding traffic safety and emergency access;

The applicant shall file a detailed statement of intent describing the proposed use of the building, in which the statement shall detail the proposed number and nature of the anticipated occupants;

A certificate of occupancy shall be required before any unit may be occupied;

Any change in the conditions of original approval shall constitute a new use and the full procedure for obtaining approval of the conditional use shall be required.

KKK.

Place of worship (religious establishment, church, synagogue, temple, mosque, etc.).

A traffic impact study shall be required;

The minimum lot area is one acre;

All structures shall be set back a minimum of 40 feet from all property lines and shall be no higher than 35 feet;

If a residential facility (such as a convent, monastery or other group living quarters) is proposed as part of a place of worship, no more than 10 persons shall be housed;

One dwelling (such as a parsonage) may be located on the same lot with a church, provided that all requirements of this chapter for single-family residential dwellings in the same zoning district, can be met in addition to the minimum lot area, lot width and yard requirements applicable to the place of worship;

Permitted accessory uses may include:

Primary or secondary school;

Day-care center;

Gymnasium/recreational facility;

Kitchen;

Parsonage, parish house or rectory; and

Other uses that are customarily accessory to religious uses and places of worship.

Accessory uses shall be on the same lot as the primary religious use/place of worship and shall meet the following requirements:

Accessory uses shall meet area and bulk requirements of the zoning district in which they are located; and

Accessory uses shall be setback a minimum of 20 feet from a residential use or district.

Outdoor play spaces 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 the governing body. 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. Outdoor play shall be limited to the hours between dawn and dusk, prevailing local time;

Parking is not permitted within 10 feet of the side or rear property lines;

Parking is prohibited within the front yard areas;

Shared parking with surrounding uses is encouraged for all places of worship;

If the parking area is adjacent to a residential use, an additional ten-foot setback shall be provided for parking areas with more than 10 vehicles;

The place of worship shall have direct access to a public street with sufficient capacity to accommodate the traffic generated;

The number of points of the ingress/egress shall be based upon projected peak hour traffic and approved by the Municipal Traffic Engineer to ensure public safety;

All access drives shall provide the minimum required sight distances for motorist;

The primary visitor drop-off and pick-up areas shall be located in a manner that does not cause undue adverse traffic impacts (both pedestrian and vehicular) on the surrounding neighborhood;

All mechanical equipment shall be screened from the view of adjoining properties;

All waste collection/storage areas shall be located at least 50 feet from the nearest building and shall be enclosed by a solid masonry screen wall;

The required footcandle illumination shall not create glare conditions on adjacent properties or roads; and

A minimum of a four-foot-high opaque fence is required for all side and rear yard property lines.

LLL.

Planned nonresidential development (planned group unit/planned development).

See Article VII.

MMM.

Planned residential development.

See Article VI.

NNN.

Public use/public building.

A traffic impact study and a parking demand analysis shall be required;

The minimum site required shall be one acre;

Any outdoor storage of materials or equipment or other activity, which is required to be done outdoors, such as composting, chipping or recycling, shall be screened from adjoining residential properties by a six-foot opaque fence and by a buffer yard;

All other activities and operations shall be conducted within a completely enclosed building;

Buildings which house public safety or maintenance vehicles shall be located on the site so that vehicles and equipment can be maneuvered without interrupting traffic flow or blocking public streets;

Ingress and egress shall be designed to maximize sight distance along adjacent public streets;

All waste collection/storage areas shall be located at least 50 feet from the nearest building and shall be enclosed by a solid masonry screen wall;

All mechanical equipment shall be screened from the view of adjoining properties;

Rear and side yard separation shall be provided in accordance with Article III, District Regulations.

Buffer yards shall be provided in accordance with § 359-98.

Security fencing — substation.

OOO.

Public utility facility.

A traffic impact study shall be required;

The architectural design, landscaping, and site development must be in keeping with the character of the area in which the public utility facility is to be located, consistent with the nature of the public utility facility and the public need or convenience in having the public utility facility;

Provision must be made for proper storage of all materials and equipment when not in use;

All mechanical equipment shall be screened from the view of adjoining properties;

All waste collection/storage areas shall be located at least 50 feet from the nearest building and shall be enclosed by a solid masonry screen wall;

Maintenance vehicles shall be stored within an enclosed building; and

Outdoor storage of materials or equipment, other than maintenance vehicles, shall be permitted only if the storage area is completely enclosed by a minimum eight-foot fence with locking gate and is screened by 100% opaque screening material placed in the fencing or by a six-foot dense, compact ever green hedge, or as determined by the Municipality as adequate to ensure the protection of adjacent residential properties considering topography and sight lines. Material storage area shall be a dust-free, all-weather surface such as asphalt, concrete or compacted gravel.

PPP.

Quarry.

A traffic impact study shall be required;

A six-foot fence shall completely enclose hazardous portions of the fills, cuts, pits and water holes on the property where quarry operations are underway. The fence shall be constructed to have openings no larger than six inches;

Buffers for mining and quarrying operations. No strip mining, stockpiles, waste piles, processing or manufacturing equipment and no part of the open excavation or quarrying pit shall be located closer to the following activities than:

Residential, conservation or agricultural: 500 feet;

Street: 100 feet;

Business: 200 feet;

Industrial: 100 feet;

These buffers shall apply to any existing house, principal structure or playground except for any residence or structures located on the property subject to the application;

All applicants shall submit a site plan showing the location of all access roads, drilling sites, well heads, pipelines, mining or quarrying operations or other surface disturbance activities taking place on the site;

All applicants shall submit a grading plan and obtain a grading permit from the Municipality;

All applicants shall submit a stormwater management plan and obtain stormwater management approval from the Municipality;

All mechanical equipment shall be screened from the view of adjoining properties;

All waste collection/storage areas shall be located at least 50 feet from the nearest building and shall be enclosed by a solid masonry screen wall;

All applicants shall construct visually insulating and sound dampening barriers to screen any above-ground appurtenances, quarrying sites or other above ground activities or operations from adjoining properties; and

An irrigation/sprinkler system shall be installed to prevent any dust from leaving the site.

QQQ.

Recreational facility.

Also see "athletic facility," "day spa," "fitness center," "gymnasium," "membership club," and "sports facility."

A traffic impact study shall be required;

Shall not be located on lots of less than 10,000 square feet;

Shall have yards of not less than 25 feet;

Such recreational facility will be a benefit or convenience to the neighboring residents of the Municipality;

Such recreational facility will not cause any potentially detrimental effect on surrounding property values;

All mechanical equipment shall be screened from the view of adjoining properties;

All waste collection/storage areas shall be located at least 50 feet from the nearest building and shall be enclosed by a solid masonry screen wall;

Such recreational facility will not cause any potential disruption or nuisance of or to adjacent lots or residences;

Any proposed recreational facility will not cause any detrimental effect to the public health, safety, morals, or general welfare of the Township residents; and

Any proposed recreational facility will not interfere or be inconsistent with the residential character of any residential districts or residential uses.

RRR.

Rehabilitation clinic.

See "substance abuse treatment facility."

SSS.

Retail sales, outdoor.

The retail use shall be limited to 2,000 square feet and maximum height of 20 feet;

Parking shall be provided according to the parking requirements of Article IX;

The retail use shall not be located closer that 20 to the property line of a residential use;

The retail use shall not operate before 7:00 a.m. or after 9:00 p.m.;

Any outdoor waste area/dumpster area shall be screened by a solid fence not less than six feet in height;

The retail use shall have a continuous vegetative buffer comprised of evergreen plants of a height not less than six feet when abutting a residential use;

The street level facade shall be transparent between the height of three feet and eight feet above the walkway grade for no less than 60% of the horizontal length of the building facade;

All primary structures shall provide a prominent and highly visible street level doorway or entrance on the facade of the building;

Continuous pedestrian sidewalks shall be provided along the main facade of building;

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

The retail use shall not involve the storage of supplies, equipment, raw material or residue material outside of the structure or in any shed or outbuilding on the property; and

The retail use shall 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.

TTT.

Salvage yard.

Minimum lot area shall be five acres;

The site shall have frontage on and direct vehicular access to a public road;

The outdoor area devoted to the storage of salvage materials shall be set back at least 50 feet from all property lines and 100 feet from residentially zoned or existing residential properties, 100 feet from the center line of any waterway and shall be completely enclosed by an eight-foot-high opaque fence;

A landscaped visual barrier will be provided adjacent to a residential use or zone;

All completely enclosed buildings used to store salvage material shall be set back at least 50 feet from all property lines;

No material may be stored or stacked so that it is visible from adjoining properties and roads;

No outdoor burning of oil, grease, tires, gasoline, or other similar material shall be permitted at any time and the owner shall prevent hazards from fire or explosion and shall prevent the accumulation of stagnant water;

All junk shall be stored and or arranged so as to permit access by firefighting equipment and to prevent the accumulation of water. No junk shall be piled to a height greater than eight feet; the manner of storage of junk shall be arranged in such a fashion that aisles of a minimum width of 25 feet between rows of junk are maintained in order to facilitate access for firefighting;

Any salvage yard shall be maintained in such a manner so as not to cause, a public or private nuisance, offensive or noxious sounds or odors, breeding or harboring of rats, flies, mosquitoes, or other vectors of disease;

All junked vehicles shall be emptied of fuel, oil and other petroleum products, air conditioning fluid, antifreeze and batteries;

No salvage yard shall be located on land with a slope in excess of 8%, or on prime agricultural soils, sinkhole prone soils, wetlands, woodlands, or floodplains;

The operator shall submit a stormwater management plan that complies with the Municipal Stormwater Ordinance;[18]

[18]

Editor's Note: See Ch. 319, Stormwater Management.

All mechanical equipment shall be screened from the view of adjoining properties;

All waste collection/storage areas shall be located at least 50 feet from the nearest building and shall be enclosed by a solid masonry screen wall;

Must comply with all appropriate governmental agency regulations and laws;

The operator shall obtain a license from the Municipality prior to initiating operations and shall be renewable annually upon payment of the required license fee established from time to time by resolution of the Municipal Council and subject to inspection by the Zoning Officer to determine continuing compliance with these standards; and

Salvage storage areas shall be a dust-free, all-weather surface such as asphalt, concrete or compacted gravel.

Self storage.

See "warehousing."

Senior housing.

A traffic impact study shall be required;

Parking spaces shall be located no more than 300 feet from the primary entrance of the building;

Where two or more buildings exist on the same lot, the minimum distance between buildings shall be 20 feet or 50% of the height of the taller building, whichever is greater;

The primary vehicular entrance to the building shall have direct access to a public street;

A twenty-foot-wide fire/emergency access route shall be provided around the perimeter of each building;

All off-street parking areas adjacent to a single-family dwelling or property in any residential zoning district shall be screened by a minimum six-foot-high compact evergreen hedge; and

All waste collection/storage areas shall be located at least 50 feet from the nearest building and shall be enclosed by a solid masonry screen wall;

All mechanical equipment shall be screened from the view of adjoining properties;

Council shall require a covenant running with the land, in recordable form, providing that said dwelling shall be used exclusively for senior housing;

In the event any dwelling for senior housing is at any time and for any reason whatsoever not used exclusively for senior housing, then, and in that event, the parking requirements for the zoning district in which said dwelling is located shall apply;

The site plan for any proposed dwelling for senior housing shall include the parking spaces which the developer will provide for the additional parking spaces that would be required if said dwelling were not used exclusively for senior housing;

Alternate schemes for he required additional parking may be considered by Council upon the recommendation of the Planning Commission at the time and in the event said dwelling is not to be used exclusively for senior housing, provided that such alternate schemes meet the zoning requirements in effect at the time; and

Council shall further require a certificate of feasibility from the state or federal agency guaranteeing the mortgage on any proposed dwelling for senior housing stating that a market analysis for the proposed dwelling has been completed and meets the requirements of said guaranteeing agency.

WWW.

Sexually oriented business.

Purpose and intent. It is the purpose of this chapter to regulate sexually oriented businesses to promote the health, safety, and general welfare of the citizens of the Municipality, and to establish reasonable and uniform regulations to prevent the continued deleterious location and concentration of sexually oriented businesses within the Municipality. The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor effect of this chapter to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this chapter to condone or legitimize the distribution of obscene material.

Classification. Sexually oriented businesses are defined in Article II, Definitions, and are classified as follows:

Adult arcades.

Adult bookstores or adult video stores.

Adult cabarets.

Adult motels.

Adult motion-picture theaters; adult theaters.

Escort agencies.

Nude model studios.

Sexual encounter centers.

Permit required:

Any person who operates a sexually oriented business without a valid permit issued by the Municipality 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. The application must be accompanied by a sketch or diagram showing the floor plan and plot plan configuration of the premises, including a statement of total floor space occupied by the business. 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 section and the premises must be inspected and found to be in compliance with the law by the Zoning Officer, the Building Official and the Fire Official;

If a person who wishes to operate a sexually oriented business is an individual, that person 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 fact that a person possesses other types of Municipal permits does not exempt the person from the requirement of obtaining a sexually oriented business permit.

Issuance of permit:

The Zoning Officer shall approve the issuance of a permit to an applicant within 30 days after receipt of an application unless he finds one or more of the following to be true:

An applicant is under 18 years of age;

An application or an applicant's spouse is overdue in the payment to the Municipality of taxes, fees, fines, or penalties assessed against him or imposed upon him in relation to a sexually oriented business;

An applicant has failed to provide information reasonably necessary for issuance of the permit or has falsely answered a question or request for information on the application form;

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 license to operate a sexually oriented business has been revoked within the preceding 12 months;

The premises to be used for the sexually oriented business have been reviewed and have been disapproved by either the Zoning Officer, the Building Official and/or the Fire Official as not being in compliance with applicable laws and ordinances;

The permit fee required by this chapter has not been paid;

An applicant of the proposed establishment is in violation of or is not in compliance with any of the provisions of this chapter; and

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 application 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 persons' 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.

The permit, if granted, shall state on its face 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; and

The Zoning Officer, the Building Official, and Fire Official shall complete their certification that the premises are in compliance or not in compliance within 20 days of receipt of the application by the Zoning Officer. The certification shall be promptly presented by the Zoning Officer.

Inspection:

An applicant, or permittee, shall permit representatives of the Police Department, Building Official, Fire Official, Zoning Officer, or other Municipal departments or agencies to inspect the premises of a sexually oriented business for the purpose of insuring compliance with the law, at any time that the sexually oriented business is occupied or open for business; and

A person who operates a sexually oriented business or his agent or employee violates this chapter if he refuses to permit such lawful inspection of the premises at any time it is occupied or open for business.

Expiration of permit:

Each permit shall expire one year from the date of issuance and may be renewed only by making application as provided in § 359-77. Application for renewal should be made at least 30 days before the expiration date and, when made fewer than 30 days before the expiration date, the pendency of the application will not prevent the expiration of the permit; and

If the Zoning Officer denies renewal of a license, 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.

Suspension of permit.

The Zoning Officer shall suspend a permit for a period not to exceed 30 days if he determines that a permittee or an employee of a permittee has:

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

Engaged in excessive use of alcoholic beverages while on the sexually oriented business premises or engaged in the use of illegal narcotics;

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

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

Failed to man managers' stations and/or maintain viewing rooms as set forth in Subsection WWW(11).

Revocation of permit.

The Zoning Officer shall revoke a permit if a cause of suspension set forth in Subsection WWW(7) occurs and the permit has been suspended within the preceding 12 months.

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

A permittee, or any of the persons specified in Subsection WWW(4)(a)[8], is or has been convicted of the offenses specified in Subsection WWW(4)(a)[8];

A permittee gave false or misleading information in the material submitted to the Municipality during the application process;

A permittee or an employee of a permittee has knowingly allowed possession, use, or sale of controlled substances on the premises;

A permittee or an employee of a permittee has knowingly allowed prostitution on the premises;

A permittee or an employee of a permittee knowingly operated the sexually oriented business during a period of time when the permittee's permit was suspended;

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; and

A permittee is delinquent in payment to the Municipality or state of any taxes or fees relating to sexually oriented business.

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 WWW(8)(b)[1] above, the revocation shall be effective for two years in the event of a misdemeanor or five years in the case of a felony; and

After denial of an application, or denial of a renewal of an application, or suspension or revocation of a permit, the application or licensee or permittee shall have the right to appeal said action and to seek prompt judicial review of such administrative action in any court of competent jurisdiction.

Transfer of permit.

A permittee shall not transfer his 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.

Location of sexually oriented businesses.

A person is guilty of a violation of this chapter if he operates or causes to be operated a sexually oriented business outside of the district in which a sexually oriented business is a conditional use. No sexually oriented businesses shall be located outside a district in which a sexually oriented business is a conditional use. Sexually oriented businesses as defined herein shall be permitted in an M-2, Industrial Zoning District, as a conditional use;

A person is guilty of a violation of this chapter if he operates or causes to be operated a sexually oriented business within 1,500 feet of:

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

A public library;

A child-oriented business;

A childcare facility or nursery school; and

A public park adjacent to any residential district;

A person is guilty of a violation of this chapter if he causes or permits the operation, establishment, substantial enlargement, or transfer of ownership or control of a sexually oriented business within 5,000 feet of another sexually oriented business;

A person is guilty of a violation of this chapter if he causes or permits the operation, establishment, or maintenance of more than one sexually oriented business in the same building, structure, or portion thereof; or the increase of floor areas of any sexually oriented business in any building, structure, or portion thereof containing another sexually oriented business;

For the purpose of this chapter, 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 the premises of a church, public or private pre-elementary, elementary, or secondary school, public library, child care facility, or nursery school; or to the nearest boundary of an affected public park;

For purposes of Subsection WWW(10) of this section, 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 chapter that is in violation of any portion of this chapter shall be deemed a nonconforming use. Such nonconforming uses shall not be increased, enlarged, extended or altered, except that the use may be changed to a conforming use. In the event that two or more sexually oriented businesses are within 5,000 feet of one another and otherwise in a permissible location, the sexually oriented business which was first established and continually operating at a particular location is the conforming use and the later-established business is nonconforming; and

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 a church, public or private pre-elementary, elementary, or secondary school, public library, child care facility, nursery school or public park 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.

Regulations pertaining to exhibition of sexually explicit films or videos.

A person who operates or causes to be operated a sexually oriented business, other than an adult motel, which exhibits on the premises in a viewing room of fewer than 150 square feet of floor space, a film or videocassette, or other video or other image production or reproduction which depicts "specified sexual activities" or "specified anatomical areas," shall comply with the following requirements:

The application for a permit to operate a sexually oriented business shall be accompanied by a floor plan and plot plan diagram of the premises showing a plan thereof specifying the location of one or more manager's stations, the location of all viewing rooms, partitions and doors and the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted. A manager's station may not exceed 32 square feet of floor area. The diagram shall also designate the place at which the permit will be conspicuously posted, if granted. A professionally prepared diagram in the nature of an engineer's or architect's blueprint shall not be required; however, each diagram should be oriented to the north or to some designated street or dimensions sufficient to show the various internal dimensions of all areas of the interior of the premises to an accuracy of plus or minus six inches. The Zoning Officer may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was prepared;

The application shall be sworn to be true and correct by the applicant;

No alteration in the configuration or location of a manager's station may be made without the prior approval of the Zoning Officer or designee;

It is the duty of the owners and operators of the premises to ensure that at least one employee is on duty and situated in each manager's station at all times that any patron is present inside the premises;

The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms. Restrooms may not contain video reproduction or viewing equipment. If the premises has two or more manager's stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the manager's stations. The view required in this subsection must be by direct line of sight from the manager's station;

It shall be the duty of the owners and operators, and it shall also be the duty of any agents and employees present on the premises to ensure that the view as specified in Subsection WWW(11)(a)[5] remains unobstructed by any doors, walls, merchandise, display racks or other materials at all times and to ensure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the application filed pursuant to Subsection WWW(11)(a)[1] of this section;

No viewing room may be occupied by more than one person at any time. No connections or openings to an adjoining viewing room shall be permitted;

The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not fewer than one-foot candle as measured at the floor level; and

It shall be the duty of the owners and operators and it shall also be the duty of any agents and employees present in the premises to ensure that the illumination described above is maintained at all times that any patron is present in the premises;

A person having a duty under Subsection WWW(11)(a)[1] through [9] is guilty of a violation of this chapter if he knowingly fails to fulfill that duty.

Exemptions.

It is a defense to prosecution under Subsection WWW(4), Issuance of permit, and Subsection WWW(10), Location of sexually oriented business, that a person appearing in a state of nudity did so in a modeling class operated:

By a proprietary school, licensed by the Commonwealth of Pennsylvania, or a college, junior college, or university supported entirely or partly by taxation;

By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or

In a structure:

Which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing;

Where, in order to participate in a class, a student must enroll at least three days in advance of the class; and

Where no more than one nude model is on the premises at anyone time.

Injunction.

A person who operates or causes to be operated a sexually oriented business without a valid permit or in violation of this chapter is subject to an action in equity or a suit for injunction as well as citations for violations of this chapter.

Existing sexually oriented businesses:

Any existing business that would qualify under this chapter shall have one year from the time of enactment to come into compliance with this chapter.

XXX.

Shopping center.

A traffic impact study shall be required;

The entire shopping center shall have a common architectural character and be an integrated design;

Ingress, egress, and internal traffic circulation shall be designed to minimize congestion during peak usage of the facility;

Adequate provisions shall be made for safe and efficient pedestrian and vehicular traffic circulation within the boundaries of the shopping center. Such provisions shall include raised curbs or medial walkways which shall prohibit vehicles from straying from their designated circulation routes. Also, these walkways shall be suitably planted to help reinforce the proper routing of traffic and add to the overall appearance of the shopping center;

Location of buildings and structures, traffic circulation, and parking lots shall be designed to provide adequate access for emergency medical vehicles and firefighting equipment;

All mechanical equipment shall be screened from the view of adjoining properties;

All waste collection/storage areas shall be located at least 50 feet from the nearest building and shall be enclosed by a solid masonry screen wall;

Loading berths shall be regulated by § 359-118;

Areas not paved or occupied by structures shall be landscaped. A landscaping plan, prepared by a landscape architect registered in the Commonwealth of Pennsylvania, shall be submitted; and

Areas used for outdoor sales shall be designed not to interfere with pedestrian circulation areas or in required parking areas.

YYY.

Single-family residential (in the mixed use).

The mixing of residential uses with office and/or commercial uses is encouraged within the mixed-use overlay districts;

Required off-street parking shall be computed separately for each of the uses incorporated into the mixed-use project;

A screen, not less than six feet in height, shall be erected along the common lot line between a residential use and nonresidential use. Screening treatments shall be subject to the review and approval by the Municipality;

All permanently undeveloped portions of the site shall be planted with grass, ground cover, shrubbery, or other suitable live plant material, which shall extend to any developed pavement edge. Existing plant material on the property may be used; and

Foundation plantings are encouraged along the front or sides of any building which faces a public or private road or is adjacent to a parking lot or other area which provides access to the building by the general public. Foundation planting areas should be integrated into any existing sidewalk system between the front or sides of the building and the parking area (and/or associated driveways) adjacent to the building;

All mechanical equipment shall be screened from the view of adjoining properties; and

All waste collection/storage areas shall be located at least 50 feet from the nearest building and shall be enclosed by a solid masonry screen wall.

ZZZ.

Skilled nursing facility. Also see "assisted living facility," "continuing care facility," "hospice," "nursing home facility," and "personal care home facility."

A traffic impact study shall be required;

A skilled nursing facility shall be located on property, which consists of one or more lots and contains a minimum of one acre. If more than one lot or parcel is used, they must be contiguous. Skilled nursing facilities occupying more than one lot or parcel shall obtain subdivision approval consolidating such lots;

All structures shall be set back a minimum of 40 feet from all property lines;

The site shall have frontage on and direct vehicular access to a public road;

Shall not be approved unless plans prepared by an architect or engineer are submitted which clearly indicate that adequate light, ventilation and fireproofing are provided;

The dwelling facility and its accommodations shall be functional and convenient with regard to the specific needs of the group to be housed in the facility;

All mechanical equipment shall be screened from the view of adjoining properties;

All waste collection/storage areas shall be located at least 50 feet from the nearest building and shall be enclosed by a solid masonry screen wall;

The lot coverage by all principal and accessory buildings shall not exceed 40%;

Ingress, egress, and internal traffic circulation shall be designed to ensure access by emergency vehicles;

The parking and circulation plan shall be referred to the Fire Official for comments regarding traffic safety and emergency access;

The applicant shall file a detailed statement of intent describing the proposed use of the building, in which the statement shall detail the proposed number and nature of the anticipated occupants;

A certificate of occupancy shall be required before any unit may be occupied;

Any change in the conditions of original approval shall constitute a new use and the full procedure for obtaining approval of the conditional use shall be required.

AAAA.

Solar energy facility (solar photovoltaic systems), principal use. Also see solar energy facility, accessory to principal use - Article VIII, § 359-109.

The applicant shall demonstrate through project planning and proposed mitigation that proposed system visual impacts will be minimized for surrounding properties and the community. This may include, but are not to be limited to information regarding site selection, system design or appearance, buffer yards and screening of ground mounted electrical and control equipment;

Where the installation of the system constitutes a land development, the applicant shall apply for, and receive land development approval pursuant to the Subdivision and Land Development Ordinance;[19]

[19]

Editor's Note: See Ch. 324, Subdivision and Land Development.

Noise from any system shall not exceed 50 decibels at the lot line adjacent to a lot in a nonresidential zoning district and 15 decibels at the lot line adjacent to a lot in a residential zoning district, unless the adjacent property owner shall have executed a nondisturbance easement, covenant, or consent which has been recorded in the Allegheny County Department of Real Estate or its successor agency. The decibel measurement shall be taken at the exterior of any occupied structure on any property other than that occupied by the system. Methods for measuring and reporting acoustic emissions from the system shall be equal to or exceed the minimum standards for precision described in AWEA Standard 2.1 - 1989, titled Procedures for the Measurement and Reporting of Acoustic Emissions from Wind Turbine Generation Systems Volume I: First Tier;

Construction of any system shall comply with all rules, laws and regulations of the Federal Aviation Administration. Documentation of compliance shall be provided to the Municipality;

To the extent applicable, any system shall comply with the state Uniform Construction Code and the regulations adopted by the state Department of Labor and Industry;

All electrical components of systems shall conform to relevant and applicable local, state and national codes, and relevant and applicable international standards;

Systems shall not be artificially lit, except to the extent required by the Federal Aviation Administration or other applicable authority that regulates air safety;

Systems shall not display advertising, except for reasonable identification of the facility manufacturer;

Transmission and power lines shall be placed underground or out of sight;

The following project information shall be submitted to the Municipality for every proposed solar photovoltaic system:

Project narrative including the following: an overview of the project, project location, the approximate generating capacity, the number, representative types and heights of systems to be constructed, including their generating capacity, dimensions, and respective manufacturers, and description of any ancillary facilities to the solar photovoltaic system;

An affidavit or similar evidence of agreement between the property owner and the solar photovoltaic system owner or operator, demonstrating permission to apply for necessary permits for construction and operation of a solar photovoltaic system;

Identification of the properties on which the proposed system will be located and the properties adjacent to the proposed location;

A site plan showing the planned location of each proposed solar photovoltaic system, property lines, setback lines, access roads and the location of any ancillary structures, including equipment, cabling, buildings, structures, transmission lines, and substations;

A view shed impact analysis, illustrating views of the proposed system, from multiple angles;

A design certification by a certified engineer, consisting of the proposed foundation design and analysis of soil conditions;

Land development approval pursuant to the Municipal Subdivision and Land Development Ordinance,[20] shall be required for the construction of any solar photovoltaic system when it is used as the principal use on a site or lot;

[20]

Editor's Note: See Ch. 324, Subdivision and Land Development.

All solar photovoltaic systems and any associated accessory equipment shall comply with all area, dimensional, and yard setbacks for the zoning district in which the system is located, as well as any other zoning provisions that apply, including buffer yards and landscaping. Required landscape buffer yards may be modified so that tall tree species may be replaced with lower-growing tree species where the required tree species may interfere with the functioning of the solar photovoltaic system, only where the required landscape buffer yard is adjacent to property where nonresidential uses are permitted; and

Secure perimeter fencing shall be installed around the solar photovoltaic system. The fencing shall not be constructed within any required landscape buffer yard or setback;

Any upgrade, modification or structural change that materially alters the size or placement of an existing solar photovoltaic systems shall comply with the provisions of this chapter;

Building-mounted and ground-mounted solar photovoltaic systems are permitted in all zoning districts as an accessory use to any lawfully permitted principal use on the same lot upon issuance of the proper permit pursuant to this chapter and upon compliance with all requirements of this section and elsewhere specified in this chapter;

Building-mounted systems are permitted to face any rear, side and front yard or any unregulated yard area as defined in § 359-13 of this chapter. Building-mounted systems may only be mounted on lawfully permitted principal or accessory structures;

Ground-mounted systems are permitted based on the requirements for accessory uses or structures in the property's zoning district.

Design and installation standards:

The solar PV system must be constructed to comply with the Pennsylvania Uniform Construction Code (UCC), Act 45 of 1999, as amended, and any regulations adopted by the Pennsylvania Department of Labor and Industry as they relate to the UCC, except where an applicable industry standard has been approved by the Pennsylvania Department of Labor and Industry under its regulatory authority;

All wiring must comply with the National Electrical Code, most recent edition, as amended and adopted by the Commonwealth of Pennsylvania;

For ground-mounted systems, all exterior electrical lines must be buried below the surface of the ground where possible or be placed in conduit;

The solar PV system must be constructed to comply with the most recent Fire Code as amended and adopted by the Commonwealth of Pennsylvania.

Setback requirements:

Ground-mounted systems. Ground-mounted systems are subject to the accessory use or structure setback requirements in the zoning district in which the system is to be constructed. The required setbacks are measured from the lot line to the nearest part of the system. No part of the ground-mounted system shall extend into the required setbacks due to a tracking system or other adjustment of solar PV related equipment or parts.

Height restrictions:

Notwithstanding the height limitations of the zoning district:

For a building-mounted system installed on a sloped roof that faces the front yard of a lot the system must be installed at the same angle as the roof on which it is installed with a maximum distance, measured perpendicular to the roof, of 18 inches between the roof and highest edge or surface of the system;

For a building-mounted system installed on a sloped roof, the highest point of the system shall not exceed the highest point of the roof to which it is attached;

For a building-mounted system installed on a flat roof, the highest point of the system shall be permitted to extend up to six feet above the roof to which it is attached.

Ground-mounted systems may not exceed the permitted height of accessory structures in the zoning district where the solar PV system is to be installed.

Screening and visibility:

Building-mounted systems on a sloped roof shall not be required to be screened;

Building-mounted systems mounted on a flat roof shall not be visible from the public right-of-way within a forty-foot radius of the property, exclusive of an alley as defined by this chapter, at a level of five feet from the ground in a similar manner as to any other rooftop HVAC or mechanical equipment. This can be accomplished with architectural screening such as a building parapet or by setting the system back from the roof edge in such a manner that the solar PV system is not visible from the public right-of-way within a forty-foot radius when measured at a distance of five feet from the ground.

Impervious lot coverage restrictions:

The surface area of any ground-mounted system, regardless of the mounted angle of any portion of the system, is considered impervious surface and shall be calculated as part of the property lot coverage limitations for the zoning district. If the ground-mounted system is mounted above existing impervious surface, it shall not be calculated as part of the property lot coverage limitations for the zoning district.

Nonconformance:

Building-mounted systems:

If a building-mounted system is to be installed on any building or structure that is nonconforming because its height violates the height restrictions of the zoning district in which it is located, the building-mounted system shall be permitted so long as the building-mounted system does not extend above the peak or highest point of the roof to which it is mounted and so long as it complies with the other provisions of this chapter; and

If a building-mounted system is to be installed on a building or structure on a nonconforming lot that does not meet the minimum setbacks required and/or exceeds the lot coverage limits for the zoning district in which it is located, a building-mounted system shall be permitted so long as there is no expansion of any setback or lot coverage nonconformity and so long as it complies with the other provisions of this chapter.

Ground-mounted systems:

If a ground-mounted system is to be installed on a lot containing a structure that is nonconforming because the required minimum setbacks are exceeded, the proposed system shall be permitted so long as the system does not encroach into the established setback for the lot. If a ground-mounted system is to be installed on a lot that is nonconforming because it violates zoning district requirements other than setbacks, then a variance must be obtained for the proposed installation.

(24)

Signage and/or graphic content:

No signage or graphic content may be displayed on the solar PV system except the manufacturer's badge, safety information and equipment specification information. Said information shall be depicted within an area no more than 36 square inches in size.

(25)

Performance requirements:

All solar PV systems are subject to compliance with applicable performance standards detailed elsewhere in this chapter.

(26)

Inspection, safety and removal:

The Municipality reserves the right to inspect a solar PV system for building or fire code compliance and safety.

If upon inspection the Municipality determines that a Fire Code or Building Code violation exists, or that the system otherwise poses a safety hazard to persons or property, the Municipality may order the owner/property owner/landowner/facility owner/operator to repair or remove the system within a reasonable time. Such an order shall be in writing, shall offer the option to repair, shall specify the code violation or safety hazard found and shall notify the owner/property owner/landowner/facility owner/operator of his or her right to appeal such determination;

If a owner/property owner/land owner/facility owner/operator fails to repair or remove a solar PV system as ordered, and any appeal rights have been exhausted, the Municipality may enter the structure/property, remove the system and charge the owner/property owner/land owner/facility owner/operator for all costs and expenses of removal, including reasonable attorney's fees or pursue other legal action to have the system removed at the owner/property owner/land owner/facility owner/operator's expense; and

In addition to any other available remedies, any unpaid costs resulting from the Municipality's removal of a vacated abandoned or decommissioned solar PV system shall constitute a lien upon the property against which the costs were charged. Legal counsel of the Municipality shall institute appropriate action for the recovery of such cost, plus attorney's fees, including, but not limited to filing of municipal claims pursuant to 53 P.S. § 7107 et seq., for the cost of such work, 6% interest per annum, plus a penalty of 5% of the amount due plus attorney's fees and costs incurred by the Municipality in connection with the removal work and the filing of the Municipality claim.

(27)

Permit requirements:

Before any construction or installation on any solar PV system shall commence, a permit issued by Municipality of Monroeville shall be obtained to document compliance with this chapter.

BBBB.

Sports facility.

See "athletic facility," "day spa," "fitness center," "gymnasium," "membership club," and "recreational facility."

CCCC.

Substance abuse treatment facility.

A traffic impact study and a parking demand analysis shall be required;

The facility must be licensed by all appropriate governmental agencies. Said valid license and all appropriate documentation shall be submitted to the Municipality prior to the issuance of the occupancy certificate;

The facility must comply with all applicable Fire, Housing, Building, Property Maintenance, and Health Codes, and all regulations pertaining to transient occupancy with respect to emergency lighting, smoke detectors, exit lights, and other safety devices;

Any food preparation, service, or distribution shall be licensed and inspected;

A substance abuse treatment facility shall have frontage on and direct access to a public road;

For any building (or portion thereof) which is proposed to contain a substance abuse treatment facility, the lot upon which such building (or portion thereof) sits shall not be located closer than 500 feet to a lot utilized for an existing school, public playground, public park, residential housing area, residential lot, single-family dwelling, child care facility, church, meeting house or other actual place of regularly scheduled religious worship established prior to the proposed substance abuse treatment (also reference the Municipalities Planning Code, Section 621);[21]

[21]

Editor's Note: See 53 P.S. § 10621.

All buildings proposed to contain a substance abuse treatment facility shall fully comply with the requirements of the then current edition of the International Building Code (IBC);

All waste collection/storage areas shall be located at least 50 feet from the nearest building and shall be enclosed by a solid masonry screen wall;

All mechanical equipment shall be screened from the view of adjoining properties;

In addition to the otherwise required number of parking spaces specified by Article IX of this chapter for the usage of the building proposed for a substance abuse treatment facility, additional parking shall be required specifically for the substance abuse treatment facility at a rate of one additional parking space for each 200 feet of area devoted to the substance abuse treatment facility;

Each building or portion thereof proposed for use as a substance abuse treatment facility shall have a separate and distinct entrance utilized solely for direct entrance into the substance abuse treatment facility. Such separate and distinct entrance shall face a public road. Access to the substance abuse treatment facility shall not be permitted via a shared building entrance or from a shared interior corridor within the building in which it is located; and

Signage for the substance abuse treatment facility shall fully comply with Article X, which establishes sign regulations for the Municipality.

DDDD.

Swimming pools.

Community or club swimming pools, public:

A community or club swimming pool shall be any pool constructed by an association of property owners or by a private club for the use and enjoyment by members of the association or the club and their families and guests;

Community and club swimming pools shall comply with the following additional conditions and requirements:

The pool and any accessory structures thereto, and any lounging areas used by the bathers, shall not be closer than 50 feet to any adjacent lot line; and

Reference the International Building Code for fencing requirements. For example: a fence six feet in height, and this fence shall be locked at all times when the pool is unattended.

EEEE.

Tattoo parlor/body piercing studio.

A tattoo parlor and/or body piercing studio shall meet all requirements of all appropriate governmental agencies.

The valid license and all appropriate documentation shall be submitted to the Municipality prior to the issuance of the occupancy certificate;

The facility shall have frontage on and direct access to a public road;

For any building (or portion thereof) which is proposed to contain a tattoo parlor/body piercing studio, the lot upon which such building (or portion thereof) sits shall not be located closer than 500 feet to a lot utilized for an existing school, public playground, public park, residential housing area, residential lot, single-family dwelling, child care facility, church, meeting house or other actual place of regularly scheduled religious worship established prior to the proposed substance abuse treatment;

All buildings proposed to contain a tattoo parlor/body piercing studio shall fully comply with the requirements of the then current edition of the International Building Code (IBC);

All mechanical equipment shall be screened from the view of adjoining properties;

All waste collection/storage areas shall be located at least 50 feet from the nearest building and shall be enclosed by a solid masonry screen wall;

Outdoor speakers shall be permitted for emergency announcements only;

Each building or portion thereof proposed for use as a tattoo parlor/body piercing studio shall have a separate and distinct entrance utilized solely for direct entrance into the tattoo parlor/body piercing studio. Such separate and distinct entrance shall face a public road. Access to the tattoo parlor/body piercing studio shall not be permitted via a shared building entrance or from a shared interior corridor within the building in which it is located; and

Signage for the tattoo parlor/body piercing studio shall fully comply with Article X, which establishes sign regulations for the Municipality.

FFFF.

Therapeutic massage facility.

A traffic impact study and a parking demand analysis shall be required;

A therapeutic massage facility shall have frontage on and direct access to a public road;

All waste collection/storage areas shall be located at least 50 feet from the nearest building and shall be enclosed by a solid masonry screen wall;

All mechanical equipment shall be screened from the view of adjoining properties;

For any building (or portion thereof) which is proposed to contain a therapeutic massage facility the lot upon which such building (or portion thereof) sits shall not be located closer than 500 feet to a lot utilized for an existing school, public playground, public park, residential housing area, residential lot, single-family dwelling, child care facility, church, meeting house or other actual place of regularly scheduled religious worship established prior to the proposed substance abuse treatment;

All buildings proposed to contain a therapeutic massage facility shall fully comply with the requirements of the then current edition of the International Building Code (IBC); and

Signage for the therapeutic massage facility shall fully comply with Article X, which establishes sign regulations for the Municipality.

GGGG.

Tiny home.

The tiny home shall have a minimum of 150 square foot and a maximum 400 square foot of habitable floor area;

The tiny home must be served by water and sewer. Connection to public water and/or sewer shall conform to the regulations of the Authority responsible for each utility. If public water and/or sewer is unavailable, the tiny home shall be physically connected to a sewage disposal and water supply system that does not exceed the total number of occupant's maximum capabilities for which the system was designed. Any connection to and/or expansion of an individual on-lot sewage disposal system shall be reviewed by the (designated township position) and the applicant shall present evidence of such review and all necessary approvals;

The tiny home shall provide one off-street parking space;

The maximum density of the underlying zoning district may not be exceeded;

The setback requirements as a principal or accessory use of the underlying zoning district shall be met;

All mechanical equipment shall be screened from the view of adjoining properties; and

All waste collection/storage areas shall be located at least 50 feet from the nearest building and shall be enclosed by a solid masonry screen wall.

HHHH.

Townhouse.

A traffic impact study shall be required;

Parking spaces shall be located no more than 100 feet from the primary entrance of the building;

All off-street parking spaces, except spaces on driveways immediately in front of a carport or garage entrance, shall be set back a minimum of 10 feet from any dwelling;

Where two or more buildings exist on the same lot, the minimum distance between buildings shall be 20 feet or 50% of the height of the taller building, whichever is greater;

The maximum number of dwelling units in any townhouse building shall be five;

The primary vehicular entrance to the townhouse shall have direct access to a public street;

All mechanical equipment shall be screened from the view of adjoining properties;

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

All off-street parking areas adjacent to a single-family dwelling or property in any residential zoning district shall be screened by a minimum six-foot-high compact evergreen hedge; and

All waste collection/storage areas shall be located at least 50 feet from the nearest building and shall be enclosed by a solid masonry screen wall.

IIII.

Two-family home (duplex).

A traffic impact study shall be required;

Parking spaces shall be located no more than 100 feet from the primary entrance of the building;

Where two or more buildings exist on the same lot, the minimum distance between buildings shall be 20 feet or 50% of the height of the taller building, whichever is greater;

The primary vehicular entrance to the two-family home shall have direct access to a public street;

All mechanical equipment shall be screened from the view of adjoining properties;

All off-street parking areas adjacent to a single-family dwelling or property in any residential zoning district shall be screened by a minimum six-foot-high compact evergreen hedge; and

All waste collection/storage areas shall be located at least 50 feet from the nearest building and shall be enclosed by a solid masonry screen wall.

JJJJ.

Utility substation.

Utility substations shall provide proper separation and protection for abutting property;

All mechanical equipment shall be screened from the view of adjoining properties; and

Shall not require routine trucking movements on local residential or substandard streets.

KKKK.

Vehicle leasing/rental or sales.

A traffic impact and parking analysis study shall be required;

Minimum lot area shall be 1/2 acre;

The business shall include a permanent building, of not less than 2,500 square feet;

All side and rear yards shall be a minimum of 15 feet and 50 feet, respectively when abutting a residentially zoned district;

All automatic or self-serve vehicle washing operations, shall comply with § 359-54OOOO;

All fuel, oil, other flammable substances, associated ventilation equipment and charging stations shall be stored or located at least 50 feet from any lot line;

There shall be no parking of tractors and or trailers in excess of 48 hours;

The areas where the vehicles are displayed shall be paved with a concrete product or asphalt;

Strings of lighting, flags, flashers, or similar paraphernalia shall not be permitted;

All mechanical equipment shall be screened from the view of adjoining properties;

All waste collection/storage areas shall be located at least 50 feet from the nearest building and shall be enclosed by a solid masonry screen wall;

Outdoor speakers shall be permitted for emergency announcements only;

No repairs, other than minor repairs, shall be performed on the premises and any such minor repairs shall be performed only within the principal building on the premises; and

Outdoor vehicle storage areas that are accessible to the public shall be surfaced with an asphalt or portland cement binder pavement providing an all-weather, durable and dustless surface and shall be graded and drained to dispose of surface water accumulation by means of a positive stormwater drainage system.

LLLL.

Vehicle repair service garage.

A traffic impact study shall be required;

All vehicles located on the property and awaiting repairs shall be subject to an active work order;

All service and/or repair activities shall be conducted within an enclosed principal building on the property;

All permanent storage of material, merchandise and equipment shall be within the principal building;

No outdoor storage of parts, equipment, lubricants, fuel or other material used or discarded as part of the service or repair operations, shall be permitted unless enclosed in a fenced in area;

Any used tires kept on the premises shall be stored inside or screened and removed from the property at regular intervals and shall not exceed 50 in number at any time;

Sufficient screening shall be provided along all lot lines abutting or adjacent to residentially zoned or developed property to block any view of repair operations and stored material and equipment from all points on such residential property when viewed from ground level;

Accessory renting/leasing of vehicles shall be allowed provided they do not:

Occupy more than 10% of the lot size; and

Occupy the required parking spaces;

The burning of fuel or crank oils, tires or similar materials, gas and combustible liquids as defined in the most recent adopted edition of the IFC and the IMC shall not be permitted;

All mechanical equipment shall be screened from the view of adjoining properties;

All waste collection/storage areas shall be located at least 50 feet from the nearest building and shall be enclosed by a solid masonry screen wall;

Outdoor speakers shall be permitted for emergency announcements only;

The demolition or junking of vehicles and machinery is prohibited. Demolished vehicles or parts thereof shall be removed from the site within two weeks of arrival;

Any ventilation equipment outlets associated with the servicing/repair work area(s) shall not be directed towards any adjoining property; and

The applicant shall furnish evidence that the storage and disposal of materials will be accomplished in a manner that complies with all applicable governmental agency regulations and laws.

MMMM.

Vehicle sales area.

See "vehicle leasing/rental or sales."

NNNN.

Vehicle salesroom.

See "vehicle leasing/rental or sales."

OOOO.

Vehicle wash, automatic or self-serve.

A traffic impact study shall be required;

Traffic flow and ingress-egress shall not cause traffic hazards on adjacent streets. On-lot traffic circulation channels and parking areas shall be clearly marked;

All automated washing facilities shall be in a completely enclosed building. All other vehicle washing facilities shall be under a roofed structure which has at least two walls;

No washing, vacuuming, steam cleaning, waxing, polishing or machine drying operation, and no building within which such operations are conducted, shall be permitted within 100 feet of any residential district;

Drainage water from the washing operation shall be controlled so that it does not flow or drain onto berms, sidewalks, streets or other property;

Adequate provisions shall be made for the proper and convenient disposal of refuse. The applicant shall provide evidence that adequate measures will be in place to prevent pollutants from being washed into the groundwater or waterways. Any chemicals or polluted runoff that may be hazardous to aquatic life shall be stored within an area that will completely contain any leaks, spills or polluted runoff;

A stacking area for vehicles that is accessible to the entrance of the washing equipment is required. Such stacking areas shall accommodate a minimum of 100 linear feet of stacking spaces as measured from the bay entrance. Such information shall be provided to the Municipality as part of the application for the conditional use;

The building exit for automobiles that have completed the washing and machine drying process shall be set back a minimum of 50 feet from the nearest point of any street property line;

All mechanical equipment shall be screened from the view of adjoining properties;

All waste collection/storage areas shall be located at least 50 feet from the nearest building and shall be enclosed by a solid masonry screen wall;

All sludge collected from recycled water is to be disposed of at a landfill;

Outdoor speakers shall be permitted for emergency announcements only;

The governing body shall determine the proposed use will not create detrimental impacts on the surrounding properties, considering the probable traffic generation, parking, pedestrian safety, noise and hours of operation; and

Any car wash, which also dispenses gasoline, shall meet all applicable requirements of § 359-54EE governing a fuel service and/or charging station.

PPPP.

Veterinary hospital.

A traffic impact study shall be required;

A veterinary hospital shall comply with applicable governmental agencies, regulations and laws, prior to the issuance of any permit;

The minimum lot area required for a veterinary hospital shall be 20,000 square feet;

All kennels and other facilities for the housing, boarding and keeping of animals upon the premises shall be located within an entirely enclosed building or structure;

All mechanical equipment shall be screened from the view of adjoining properties;

All waste collection/storage areas shall be located at least 50 feet from the nearest building and shall be enclosed by a solid masonry screen wall;

Noise and odors shall comply with the limits set forth in this chapter;

Outdoor kennels or runs shall not be permitted; and

Overnight boarding of animals, other than for medical supervision, shall be permitted, if the animals are boarded within a completely enclosed building.

QQQQ.

Vocational school.

A traffic impact study shall be required;

The outdoor area devoted to the storage of materials shall be completely enclosed by an eight-foot high opaque fence, which shall be set back at least 50 feet from all property lines and 100 feet from residentially zoned, or existing residential properties;

Storage areas shall be a dust-free, all-weather surface such as asphalt, concrete or compacted gravel;

The vocational school shall have access directly to a public road;

All mechanical equipment shall be screened from the view of adjoining properties;

All waste collection/storage areas shall be located at least 50 feet from the nearest building and shall be enclosed by a solid masonry screen wall;

Outdoor speakers shall be permitted for emergency announcements only;

Buildings on the lot shall be set back at least 40 feet from all property lines and shall be no higher than 35 feet;

Recreational areas shall be located no closer than 30 feet to an abutting street or 30 feet from other property lines; and

Ingress, egress, and internal traffic circulation shall be designed to minimize congestion during peak usage of the facility.

RRRR.

Warehousing and self-storage facilities (public/private).

A traffic impact study shall be required;

The facility's operating hours will be from 7:00 a.m. to 10:00 p.m.;

No curb cuts or driveways that provide access to or from a residential street shall be used or established;

Outdoor storage facilities shall be completely fenced in, with a locking gate system, using a chain-link type of fence. Fence shall be a minimum of six feet in height and a maximum of 10 feet in height;

Fences along property lines of residential uses shall have screens installed for privacy. Solid fences may be used with the approval of the Municipal Council;

No curb cuts or driveways shall be located within 150 feet of any residential district boundary line;

No trucks, tractors or trailers shall be maneuvered, parked, fueled, stored, loaded or unloaded within 100 feet of any residential district;

All mechanical equipment shall be screened from the view of adjoining properties;

All waste collection/storage areas shall be located at least 50 feet from the nearest building and shall be enclosed by a solid masonry screen wall;

Outdoor speakers shall be permitted for emergency announcements only;

Adequate lighting shall be provided for security, but it shall be directed away or shielded from any adjacent residential uses;

An on-site manager will be available at all times during the facility's established operating hours;

No outside storage of customer goods shall be permitted;

Outdoor storage shall be limited to recreational vehicles, boats and trailers. No junk vehicles shall be stored within view of a public street or a dwelling;

No hazardous materials or flammable items will be permitted to be stored in the facility;

Interior traffic aisles shall be kept clear of obstructions to emergency vehicles;

Customers shall not be permitted to operate a business or equipment within a self storage unit; and

The size of a self storage unit shall not exceed 1,000 square feet.

SSSS.

Wind energy facility (windmill), principal use. Also refer to § 359-142C(18), Windmill.

The following project information shall be submitted to the Municipality for every proposed wind energy facility:

Project narrative including the following: an overview of the project, project location, the approximate generating capacity, the number, representative types and heights of wind facilities to be constructed, including their generating capacity, dimensions, and respective manufacturers, and description of any ancillary facilities to the wind energy facility;

An affidavit or similar evidence of agreement between the property owner and the wind energy facility owner or operator, demonstrating permission to apply for necessary permits for construction and operation of a wind energy facility;

Identification of the properties on which the proposed wind energy facility will be located and the properties adjacent to the proposed location;

A site plan showing the planned location of each proposed wind energy, property lines, setback lines, access roads and the location of any ancillary structures, including equipment, cabling, buildings, structures, transmission lines, and substations;

A view shed impact analysis, illustrating views of the proposed wind energy facility, from multiple angles;

A design certification by a certified engineer, consisting of the proposed foundation design and analysis of soil conditions;

Where the installation of the wind energy facility constitutes a land development, the applicant shall apply for, and receive land development approval pursuant to the Subdivision and Land Development Ordinance;[22]

[22]

Editor's Note: See Ch. 324, Subdivision and Land Development.

The applicant shall provide a copy of the application materials to the Municipality emergency service providers, including the responsible police department, Municipal-designated emergency medical services provider and the volunteer fire departments. The applicant shall provide the Municipality with an emergency response plan for the wind farm that has been developed with and approved by the above emergency service providers. The applicant shall coordinate implementation of this emergency response plan for the wind farm with the above emergency service providers;

The applicant shall demonstrate that they have received all necessary federal, state, county and licenses, permits and approvals to operate a wind farm and related windmills;

The design of the wind energy facility shall conform to applicable industry standards, including those of the American National Standards Institute. They shall submit certificates of design compliance obtained by the equipment manufacturers from Underwriters Laboratories, Det Norske Veritas, Germanischer Lloyd Wind Energies, and/or other similar certifying organizations;

To the extent applicable, all facilities shall comply with the state Uniform Construction Code and the regulations adopted by the Pennsylvania Department of Labor and Industry;

All wind energy facilities shall be equipped with a redundant braking system. This includes both aerodynamic over speed controls (including variable pitch, tip and other similar systems) and mechanical brakes. Mechanical brakes shall be operated in a fail-safe mode. Stall regulation shall not be considered a sufficient braking system for overspeed protection;

All electrical components of the wind energy facility shall conform to relevant and applicable local, state and national codes, and relevant and applicable international standards. Any electrical equipment associated with a wind farm shall be located under the sweep area of a windmill blade;

The exterior surface of any visible components of a wind energy facility shall be nonreflective, and of a nonobtrusive and neutral color (such as white or off-white). Windmills and related facilities of a wind farm located within one mile of each other must be of uniform design, including tower type, color, number of blades, and direction of blade rotation;

Wind energy facilities shall be of monopole construction to the greatest extent possible. If monopole construction is not possible, then a windmill must be of freestanding construction to the greatest extent possible. If monopole or freestanding construction is not possible, then a windmill may be guyed;

No signs or lights shall be mounted on a wind energy facility or related windmill, except:

Those required by the Federal Aviation Administration or other governmental agency which has jurisdiction; and

A clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations. Visible, reflective, colored objects, such as flags, reflectors, or tape shall be placed on the anchor points of any guy wires and along the guy wires up to a height of 15 feet from ground level;

(q)

All on-site electric and other utility lines associated with a wind energy facility shall be buried underground or out of sight;

(r)

Wind energy facilities shall not be climbable up to 15 feet above ground level. All wind energy facilities shall be fitted with any anticlimbing devices recommended by the windmill manufacturer for the type of installation proposed. All access doors to windmills and electrical equipment shall be locked or fenced, as appropriate, to prevent entry by nonauthorized persons;

(s)

The minimum lot area for a wind energy facility shall be five acres;

(t)

Facilities shall not display advertising, except for reasonable identification of the facility manufacturer;

(u)

The blade of a windmill shall be located at least 30 feet above the adjacent ground level;

(v)

No moving parts of the wind energy facility shall extend over parking areas, driveways, roads, or sidewalks, except access ways necessary to service the wind energy facility;

(w)

The wind farm, windmills and related facilities shall comply with the following setback requirements:

Windmills shall be set back from occupied buildings a distance not less than the normal setback requirements for the relevant zoning district or 1.2 times the windmill structure height, whichever is greater. The setback distance shall be measured from the center of the windmill to the nearest point on the foundation of the occupied building;

Windmills shall be set back from the property lines of a nonparticipating landowner a distance not less than 500 feet or 1.2 times the windmill structure height, whichever is greater. The setback distance shall be measured from the center of the windmill;

Windmills shall be set back from public roads a distance not less than the normal setback requirements for the relevant zoning district or 1.2 times the windmill structure height, whichever is greater. The setback distance shall be measured from the center of the windmill to the nearest right-of-way line of the public road;

Windmills shall be set back from aboveground utility lines a distance not less than 1.2 times the windmill structure height as measured from the center of the windmill to the nearest utility right-of-way line;

The occupied building and nonparticipating landowner property line setback requirements of Subsection SSSS(1)(w)[1] and [2] above shall not apply if the owner of the subject occupied building and/or the nonparticipating landowner executes an easement agreement with the owner of the property on which the windmill is located which grants a lesser setback and/or nondisturbance easement. This easement agreement shall comply with the following requirements:

(x)

The easement agreement shall be recorded with the Allegheny County Department of Real Estate, or its successor agency;

(y)

The easement agreement shall specifically reference the setback required by this article, describe how the windmill is not in compliance with this required setback, and state that consent and an easement is granted for the windmill to not be setback as required by this article;

(z)

The easement agreement shall describe the properties benefited and burdened;

(aa)

The easement agreement shall advise all subsequent purchasers of the burdened property that the easement shall run with the land and may forever burden the subject property;

(bb)

Any individual wind energy facility shall be separated from any other wind energy facility by a minimum of 1.1 times the height of the facility, measured from the tips of the blades when the blades are parallel with the ground level;

(cc)

All equipment buildings and electrical/mechanical equipment related to the wind farm shall comply with the yard; setback, height and other requirements and restrictions applicable to a principal structure located in the same zoning district and shall be enclosed with a ten-foot fence. The exterior of this fenced area shall be landscaped so as to screen the equipment building and electrical/mechanical equipment from abutting properties;

(dd)

Noise from a wind energy facility shall not exceed 50 decibels at the lot line adjacent to any lot in a nonresidential zoning district and 15 decibels at the lot line adjacent to any lot in a residential zoning district, unless the adjacent property owner shall have executed a nondisturbance easement, covenant, or consent which has been recorded in the Department of Real Estate of Allegheny County or its successor agency. The decibel measurement shall be taken at the exterior of any occupied structure on any property other than that occupied by the wind energy facility. Methods for measuring and reporting acoustic emissions from the wind energy facility shall be equal to or exceed the minimum standards for precision described in AWEA Standard 2.1, latest version, titled Procedures for the Measurement and Reporting of Acoustic Emissions from Wind Turbine Generation Systems Volume I: First Tier, and revised;

(ee)

The owner and operator of the wind farm shall take such reasonable steps as are necessary to prevent, mitigate and eliminate windmill shadow flicker on occupied buildings and the property of nonparticipating landowners;

(ff)

The owner and operator of the wind farm shall take such reasonable steps as are necessary to prevent, mitigate and eliminate any disruption or loss of radio, telephone, television or similar signals;

(gg)

If a wind farm or individual windmill remains unused for a period of 12 consecutive months, then the owner and operator shall, at its expense, dismantle and remove the wind farm or subject windmill within six months of the expiration of such twelve-month period. The owner and operator shall also comply with the following requirements:

The owner and operator shall remove the windmill(s) and related buildings, cabling, electrical/mechanical equipment, foundations to a depth of 36 inches, roads and any other associated facilities; and

Disturbed earth shall be graded and reseeded;

(hh)

Decommissioning funds shall be posted and maintained with the Municipality, in an amount equal to 125% of the estimated decommissioning costs, for as long as the wind energy facility exists, regardless of change of ownership of the wind energy facility or property on which it sits. Decommissioning shall include removal of wind turbines, buildings, cabling, electrical components, roads, foundations, and any other associated facilities:

An independent and certified professional engineer shall estimate the total cost of decommissioning without regard to salvage value of the equipment;

Decommissioning funds shall be posted and maintained with a bonding company, provided that the bonding company is authorized to conduct such businesses within the Commonwealth of Pennsylvania and approved by the Municipality and shall be in a form acceptable to the Municipality;

If the wind energy facility remains unused for a period of 12 consecutive months, the owner, operator, or property owner shall, at its expense, complete decommissioning of the system within six months. The wind energy facility will be presumed to be at the end of its useful life if no electricity is generated for a continuous period of 24 months; and

If the wind energy facility owner, operator, or property owner shall fail to appropriately complete decommissioning, the Municipality may take such action as necessary to complete the decommissioning. The entry into and submission of evidence of a participating landowner agreement to the Municipality shall constitute agreement and consent of the parties to the agreement, their respective heirs, successors, and assigns that the Municipality may take such action as necessary to implement the decommissioning;

(ii)

Any physical modification to an existing and permitted wind farm that materially alters the size, type and number of windmills or other equipment, except a like-kind replacement, shall require the developer to apply for and obtain conditional use approval;

(jj)

Access to the wind farm shall be provided in accordance with the standards of the Subdivision and Land Development Ordinance.[23] The standards, requirements, and restrictions of the Subdivision and Land Development Ordinance shall apply regardless of whether or not the wind farm, windmill(s), and/or related facilities are considered to constitute a subdivision and/or land development; and

[23]

Editor's Note: See Ch. 324, Subdivision and Land Development.

(kk)

The applicant shall demonstrate the number of off-street parking requirements needed for the wind farm by providing the Municipality with a traffic/parking study prepared by a qualified traffic/parking engineer demonstrating the need for off-street parking based upon specific accepted engineering principles and manuals.

Monroeville City Zoning Code

ARTICLE V

Conditional Use

§ 359-51 Applicability.

Applications for conditional uses, when listed as permissible by this chapter, shall be approved or denied by the Council in accordance with the standards and criteria of this article; and

§ 359-52 Procedure for conditional use applications.

Application procedure.

The Zoning Officer shall submit one copy of an administratively complete application and any materials submitted therewith to each member of the Planning Commission;

Editor's Note: See Ch. 324, Subdivision and Land Development.

Application content.

An application for approval of a conditional use shall include the following:

Ten full-scale copies (folded) and 10 half-scale copies of all required plans, maps and drawings; and

Fifteen copies of all other required application materials.

All applications for conditional use approval shall contain the following:

A development plan, as defined by this chapter;

A legal document verifying the applicant's legal interest in the subject property (i.e., deed, sales agreement or lease);

The application fee and deposit in an amount set from time to time by ordinance by the Municipality; and

When renovations or modifications of an existing building are contemplated, construction plans depicting the scope, nature and extent of said renovation or modifications.

§ 359-53 General standards and criteria for conditional use.

The proposed use shall conform to the district and conditional use provisions and all general regulations of this chapter;

The establishment, maintenance, location and operation of the proposed use shall not be detrimental to or endanger the public health, safety, morals, comfort or general welfare;

Editor's Note: See Ch. 324, Subdivision and Land Development, and Ch. 319, Stormwater Management, respectively.

The proposed site of the conditional use is suitable in terms of topography, soil conditions and size, based on the number of projected users and the frequency of use of the proposed use;

The proposed use complies with all applicable standards and requirements for providing stormwater management and solid and toxic waste storage and disposal; and

The proposed use provides landscaping, screening and buffer yards sufficient to protect the use, enjoyment and development of adjacent properties.

§ 359-54 Specific standards and criteria for conditional use.

Agricultural farm.

The minimum lot size shall not be less than 10 contiguous acres;

A parking analysis study shall be required;

The owner/operator of the facility shall incorporate all stormwater management design standards as required pursuant to the Municipality of Monroeville Stormwater Management Ordinance 2700;[1]

Editor's Note: See Ch. 319, Stormwater Management.

The owner/operator must comply with Table 359-115, Off Street Parking Requirements;

The owner/operator must comply with all governmental agencies, laws and regulations;

All mechanical equipment shall be screened from the view of adjoining properties;

All waste collection/storage areas shall be located at least 50 feet from the nearest building and shall be enclosed by a solid screen;

Agricultural sales shall be permitted, provided that:

All sales shall be conducted on the premises;

Products sold shall include only products raised, grown or produced on the farm;

Seasonal roadside stands shall be located no closer than 40 feet to any street right of way, 15 feet from all side and rear property lines, and shall be removed at the end of the growing season;

Adequate ingress, egress and traffic circulation shall be provided so that vehicles do not back onto the street right of way and do not park or stand on any street or berm;

A maximum of two signs may be located on the premises, and each sign shall not be greater than 32 square feet in size and shall be removed at the end of the growing season;

Seasonal activities such as, hay rides, spring and fall festivals must comply with the Municipal Special Events Policies and Procedures Ordinance.[2]

Editor's Note: See Ch. 156, Amusements and Special Events, Art. I, Special Events Policies and Procedures.

All mechanical equipment shall be screened from the view of adjoining properties;

All waste collection/storage areas shall be located at least 50 feet from the nearest building and shall be enclosed by a solid screen;

Animal husbandry shall be permitted, provided that:

The keeping and raising of livestock on parcels 10 acres in area (or larger) shall be subject to the rules and regulations of the Pennsylvania Department of Agriculture;

The raising of garbage-fed pigs and ferrets is not permitted;

The raising of animals for fur or skins shall not permitted; and

Riding academies, livery or boarding stables is not included in this use.

Stables shall be permitted, provided that:

All stables or other buildings used for the sheltering, keeping, raising or feeding of horses or livestock shall be located at least 200 feet from all property lines;

Storage of manure, odor or dust producing substances shall be located at least 200 feet from all property lines;

All mechanical equipment shall be screened from the view of adjoining properties;

All waste collection/storage areas shall be located at least 50 feet from the nearest building and shall be enclosed by a solid screen.

Alcohol treatment facility.

See "substance abuse facility."

Amusement use.

A traffic impact study and a parking demand analysis shall be required;

The site shall have frontage on and direct vehicular access to a public road;

Ingress, egress, and internal traffic circulation shall be designed to minimize congestion during peak usage of the facility;

The private living areas and associated open spaces of all adjacent residential properties shall be effectively screened as per § 359-95;

Access for the site shall be provided from nonresidential streets;

Location of buildings and structures, traffic circulation, and parking lots shall be designed to provide adequate access for emergency medical vehicles and firefighting equipment.

All mechanical equipment shall be screened from the view of adjoining properties;

All waste collection/storage areas shall be located at least 50 feet from the nearest building and shall be enclosed by a solid masonry screen wall.

Apartment.

A traffic impact study shall be required;

Parking spaces shall be located no more than 300 feet from the primary entrance of the apartment building;

Where two or more buildings exist on the same lot, the minimum distance between buildings shall be 20 feet or 50% of the height of the taller building, whichever is greater;

The primary vehicular entrance to the apartment shall have direct access to a public street;

A twenty-foot-wide fire/emergency access route shall be provided around the perimeter of each building;

All mechanical equipment shall be screened from the view of adjoining properties;

All off-street parking areas adjacent to a single-family dwelling or property in any residential zoning district shall be screened by a minimum six-foot-high compact evergreen hedge; and

All waste collection/storage areas shall be located at least 50 feet from the nearest building and shall be enclosed by a solid masonry screen wall.

Assisted living facility. Also see "continuing care facility," "hospice," "nursing home facility," and "skilled nursing facility."

A traffic impact study shall be required;

All structures shall be set back a minimum of 40 feet from all property lines;

The site shall have frontage on and direct vehicular access to a public road;

Shall not be approved unless plans prepared by an architect or engineer are submitted which clearly indicate that adequate light, ventilation and fireproofing are provided;

The dwelling facility and its accommodations shall be functional and convenient with regard to the specific needs of the group to be housed in the facility;

All mechanical equipment shall be screened from the view of adjoining properties;

The lot coverage by all principal and accessory buildings shall not exceed 40%;

Ingress, egress, and internal traffic circulation shall be designed to ensure access by emergency vehicles;

The parking and circulation plan shall be referred to the Fire Official for comments regarding traffic safety and emergency access;

The applicant shall file a detailed statement of intent describing the proposed use of the building, in which the statement shall detail the proposed number and nature of the anticipated occupants;

A certificate of occupancy shall be required before any unit may be occupied;

Any change in the conditions of original approval shall constitute a new use and the full procedure for obtaining approval of the conditional use shall be required;

All waste collection/storage areas shall be located at least 50 feet from the nearest building and shall be enclosed by a solid masonry screen wall.

Athletic facility.

See "day spa," "fitness center," "gymnasium," "membership club," "recreational facility," and "sports facility."

A traffic impact study shall be required;

Shall not be located on lots of less than 10,000 square feet;

Shall have yards of not less than 25 feet;

Such recreational facility will be a benefit or convenience to the neighboring residents of the Municipality;

Such recreational facility will not cause any potentially detrimental effect on surrounding property values;

Such recreational facility will not cause any potential disruption or nuisance of or to adjacent lots or residences;

Any proposed recreational facility will not cause any detrimental effect to the public health, safety, morals, or general welfare of the Township residents; and

Any proposed recreational facility will not interfere or be inconsistent with the residential character of any residential districts or residential uses;

All mechanical equipment shall be screened from the view of adjoining properties;

All waste collection/storage areas shall be located at least 50 feet from the nearest building and shall be enclosed by a solid masonry screen wall.

Banquet hall.

A traffic impact study shall be required;

Building design and location shall permit ready accessibility by emergency vehicles;

All mechanical equipment shall be screened from the view of adjoining properties;

All waste collection/storage areas shall be located at least 50 feet from the nearest building and shall be enclosed by a solid masonry screen wall;

Banquet halls, including all fixtures, tents and parking, shall be set back at least 50 feet from all property lines.

Billboard and/or outdoor advertising sign.

Billboard and/or outdoor advertising signs shall be permitted as a conditional use in the C-2, Commercial Zoning District subject to the requirements in this section;

Location of billboard and/or outdoor advertising signs.

A billboard and/or outdoor advertising sign shall not be erected within the following:

Within 500 feet of the boundary line of a residential or conservancy zoning district;

Within 750 feet of the boundary line any public or private school property, park, library or place of worship; and

Within 100 feet of a public right of way.

No billboard and/or outdoor advertising sign shall be mounted or painted on a roof, wall or other part of a building or structure.

Size and height of billboard and/or outdoor advertising signs.

A billboard and/or outdoor advertising sign shall have a maximum allowable gross surface area of 150 square feet per sign face;

The billboard and/or outdoor advertising sign and/or sign faces may be placed back-to-back or in a V-shaped configuration (having an interior angle of 90° or less) on a single pole;

A billboard and/or outdoor advertising sign may have a maximum of two sign faces per structure. However, the gross surface area of each sign face shall not exceed 150 square feet;

Construction standards of billboard and/or outdoor advertising signs.

The one vertical support shall be capable of enabling the entire sign face to be able to withstand a minimum of 100 miles per hour wind load;

Permanent landscaping shall form a solid barrier and/or backdrop to the billboard and/or outdoor advertising sign when practical in the opinion of the Zoning Officer;

Landscaping shall be maintained by the sign owner in an attractive and healthy manner in accordance with accepted conservation practices and Municipal Ordinances;

All curbs and grading shall be in accordance all Municipal codes and ordinances;

No bare cuts are permitted on a hillside;

All cuts and fills shall be permanently seeded or planted and maintained in accordance with Municipal codes and ordinances;

Any billboard and/or outdoor advertising sign with display lighting shall comply with § 359-105F, Lighting and glare. A photometric plan shall be submitted for review for compliance;

The use of colored lighting is not permitted;

A building permit and certified electrical inspection are required; and

Display lighting shall not operate between 12:00 midnight and 6:00 a.m. prevailing local time.

Maintenance of billboard and/or outdoor advertising signs.

Any billboard and/or outdoor advertising sign shall be constructed with noncombustible material and maintained in a good condition;

Any billboard and/or outdoor advertising sign shall be entirely painted every three years;

Any nonfunctioning bulb, pixel, or component shall be promptly replaced;

Permit required for billboard and/or outdoor advertising signs.

Prior to submission of an application for a building permit, the applicant shall receive conditional use approval from Municipal Council and shall comply with all conditions of said approval.

The display, message or text of the electronic billboard and/or outdoor advertising sign does not change more than once every 30 seconds;

The copy on the electronic billboard and/or outdoor advertising sign is controlled or controllable from a fixed location within the Municipality;

No other electronic billboard and/or outdoor advertising signs or electronic signs exist within 750 linear feet in any direction from the proposed billboard and/or outdoor advertising sign;

The billboard and/or outdoor advertising sign has an automatic dimming device and is appropriately dimmed during evening hours; and

Any new billboard and/or outdoor advertising sign must obtain the same conditional use approval as a standard billboard and/or outdoor advertising sign pursuant to the terms of this chapter.

In the event of an appeal, Council shall advertise and hold a hearing under the guidelines set forth for conditional use applications and thereafter issue a written decision; and

Brewery (micro-brewery/taproom/pubhouse).

A traffic impact study shall be required;

Brewpubs must maintain at least 15% of the gross floor area or 500 square feet of floor space, whichever is greater, for public use as a tavern and/or restaurant use;

Brewpubs may not exceed 4,000 square feet of gross floor area;

All mechanical equipment shall be screened from the view of adjoining properties;

All waste collection/storage areas shall be located at least 50 feet from the nearest building and shall be enclosed by a solid masonry screen wall;

Outdoor speakers shall be permitted for emergency announcements and crowd control only. Events may not be broadcast to the exterior of the building;

Breweries may not exceed 15,000 square feet in gross floor area; and

All truck parking and loading docks or areas must be screened with landscaping.

Casino.

A traffic impact study shall be required;

The owner/operator of the facility shall incorporate all stormwater management design standards as required pursuant to the Municipality of Monroeville Stormwater Management Ordinance 2700;[3]

Editor's Note: See Ch. 319, Stormwater Management.

The owner/operator must comply with Table 359-115, Off Street Parking Requirements;

The owner/operator must comply with all governmental agencies, laws and regulations;

The site shall have frontage on and direct vehicular access to a public road;

Ingress, egress, and internal traffic circulation shall be designed to minimize congestion during peak usage of the facility;

The private living areas and associated open spaces of all adjacent residential properties shall be effectively screened as per § 359-98;

Location of buildings and structures, traffic circulation, and parking lots shall be designed to provide adequate access for emergency medical vehicles and firefighting equipment;

Access for the site shall be provided from nonresidential streets;

All mechanical equipment shall be screened from the view of adjoining properties;

All waste collection/storage areas shall be located at least 50 feet from the nearest building and shall be enclosed by a solid masonry screen wall;

Casinos shall not utilize outdoor speakers or generate noise in excess of the limits otherwise permitted by this chapter;

Outdoor speakers shall be permitted for emergency announcements and crowd control only. Events may not be broadcast to the exterior of the building;

A casino shall not create an enticement for minors because of its proximity to nearby uses where minors may congregate, including but not limited to schools, churches, or libraries.

Cemetery.

Also see "funeral home";

Minimum lot area - five acres. Any building or area used for storage of equipment shall be setback a minimum of 50 feet from any lot in a residential district;

No grave sites shall be placed within 20 feet of any lot line or within 20 feet of a street right-of-way or an interior driveway through the cemetery;

No grave site shall be placed where wetlands exist or are suspected;

No crematoriums shall be operated within 1,000 feet of a residential dwelling;

Expansion and/or establishment of cemeteries must be in conjunction with and adjacent to existing cemeteries or religious facilities;

No loading or unloading shall be permitted on public right-of-way;

No parking or standing of motor vehicles shall occur on adjoining streets other than passenger automobiles when funeral processions are being organized;

All mechanical equipment shall be screened from the view of adjoining properties;

All waste collection/storage areas shall be located at least 50 feet from the nearest building and shall be enclosed by a solid masonry screen wall;

All equipment shall be properly stored when not in use.

Child care center (principal use).

Child care center as an accessory use to a residential use requires a use variance or special exception;

A traffic impact study shall be required;

Shall not be located on lots of less than 8,000 square feet;

Ingress, egress, and internal traffic circulation shall be designed to minimize congestion during peak usage of the facility;

A minimum of one on-site parking space shall be provided for each 300 square feet of floor area dedicated to child care;

Activities shall be limited to functions normally associated with part-time tending of children and shall not include overnight or drop-in care;

All mechanical equipment shall be screened from the view of adjoining properties;

All waste collection/storage areas shall be located at least 50 feet from the nearest building and shall be enclosed by a solid masonry screen wall.

The recreation or outdoor play area shall be no closer than 30 feet to an abutting private/public street or property line;

The outdoor play space shall be completely enclosed by a safe and adequate fence or wall a minimum of four feet in height with a self-latching gate;

Outdoor play shall be limited to the hours between dawn and dusk, prevailing local time;

A visual buffer yard shall be installed between the child care facility and other nonresidential uses;

No permanently installed play equipment shall be located in any front yard; and

The Outdoor play areas must meet all applicable requirements of the Americans with Disabilities Act.[4]

Editor's Note: See 42 U.S.C. § 12101 et seq.

Safe vehicular access and areas for discharging and picking up children shall be provided in the following manner:

Minimum dimensions of discharge and pick-up areas shall measure 10 feet in width and 50 feet in length;

Child care centers shall be located a minimum of 2,000 feet apart from each other; and

Child care centers shall be located a minimum of 2,000 feet from any existing sexually oriented business.

Cigar bar (also include some of the items from marijuana dispensary).

No person shall conduct, engage in, or operate in any manner a cigar bar within the Municipality without having first obtained a business license from the Monroeville Tax Office.

The business license, as provided for in this article, shall be prominently displayed on the premises of the cigar bar.

Any license issued pursuant to this section is nontransferable to another person, entity, location or premises a cigar bar.

The location of the cigar bar shall meet the requirements of this chapter and the Zoning use chart.[5]

Editor's Note: See § 359-34.

Cigar bars shall comply with the requirements of the most currently adopted version of the International Building Code in regard to ventilation and exhaust.

Failure to comply with these requirements may result in the issuance of citations.

All mechanical equipment shall be screened from the view of adjoining properties.

All waste collection/storage areas shall be located at least 50 feet from the nearest building and shall be enclosed by a solid masonry screen wall.

Commercial communication tower.

Purposes and findings of fact.

By enacting these provisions, the Municipality intends to:

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

Address new wireless technologies, including but not limited to, distributed antenna systems, data collection units, and other wireless communications facilities;

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

General and specific requirements for commercial communication antennas.

The following regulations shall apply to all commercial communication antennas:

Aviation safety. Commercial communication antennas shall comply with all federal and state laws and regulations concerning aviation safety;

All abandoned or unused WCFs and accessory facilities shall be removed within two months of the cessation of operations at the site unless a time extension is approved by the Municipality;

Maintenance. To the extent permitted by law, the following maintenance requirements shall apply:

The commercial communication antenna shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair;

Such maintenance shall be performed to ensure the upkeep of the facility in order to promote the safety and security of the Municipality's residents; and

All maintenance activities shall utilize nothing less than the best available technology for preventing failures and accidents;

Related equipment. Ground-mounted related equipment greater than three cubic feet shall not be located within 50 feet of a lot in residential use or zoned residential; and

Editor's Note: See 53 P.S. § 11702.1 et seq.

Prohibited on certain structures. No commercial communication antenna shall be located on single-family detached residences, single-family attached residences, or any residential accessory structure;

Editor's Note: See 53 P.S. § 11702.1 et seq.

Omnidirectional or whip communications antennas shall not exceed 20 feet in height or seven inches in diameter;

Directional or panel communications antennas shall not exceed eight feet in height or three feet in width;

Removal, replacement and modification:

Any material modification to a WCF shall require notice to be provided to the Municipality, and possible supplemental permit approval to the original permit or authorization;

Regulations applicable to all commercial communication antennas located in the public rights-of-way;

In addition to the commercial communication antenna provisions listed in Subsection N2, the following regulations shall apply to commercial communication antennas located in the public rights-of-way:

Design requirements:

Editor's Note: See 66 Pa.C.S.A. § 101 et seq.

In no case shall ground-mounted related equipment, walls, or landscaping be located within 18 inches of the face of the curb or within an easement extending onto a privately owned lot;

Required electrical meter cabinets shall the screened to blend in with the surrounding area to the satisfaction of the Municipality;

Any graffiti on any wireless support structures or any related equipment shall be removed at the sole expense of the owner;

Any proposed underground vault related to commercial communication antennas shall be reviewed and approved by the Municipality;

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

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

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

An emergency as determined by the Municipality.

General and specific requirements for all commercial communication towers.

The conditional use application shall also be accompanied by documentation demonstrating that the proposed commercial communication tower complies with all applicable provisions in this section;

The proposed antenna and related equipment would exceed the structural capacity of the existing building, structure or tower, and its reinforcement cannot be accomplished at a reasonable cost;

Such existing buildings, structures, or towers do not have adequate location, space, access, or height to accommodate the proposed equipment or to allow it to perform its intended function; and

A commercially reasonable agreement could not be reached with the owner of such building, structure, or tower.

Maintenance. The following maintenance requirements shall apply:

Any commercial communication tower shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair;

Aviation safety. Commercial communication towers shall comply with all federal and state laws and regulations concerning aviation safety;

The following regulations shall apply to Commercial Communication Towers located outside the Public Rights-of-Way:

Development regulations.

Commercial communication tower shall not be located in, or within 75 feet of, an area in which utilities are primarily located underground;

Commercial communication towers are permitted by conditional use, outside the public rights-of-way, in the following zoning districts:

C-2, Business Commercial.

C-3, Commercial.

L, Special Use.

M-1, Industrial.

M-2, Planned Industrial.

S, Conservancy.

LF, Landfill.

The existing use on the property may be any permitted use in the applicable district, and need not be affiliated with the WCF;

Design regulations.

To the extent permissible by law, any height extensions to an existing commercial communication tower shall require prior approval of the Municipality;

Any commercial communication tower over 40 feet in height shall be equipped with an anticlimbing device, as approved by the manufacturer.

Surrounding environs.

The WCF applicant shall ensure that the existing vegetation, trees and shrubs located within proximity to the WCF structure shall be preserved to the maximum extent possible;

Fence/screen.

An evergreen screen shall be required to surround the site. The evergreen screen shall be a minimum height of six feet at planting.

Accessory equipment:

Parking. For each commercial communication tower greater than 40 feet in height, there shall be two off-street parking spaces;

The following regulations shall apply to commercial communication towers located in the public rights-of-way:

Location and development standards:

Commercial communication tower in the ROW shall not exceed 40 feet in height and are prohibited in areas in which all utilities are located underground;

Commercial communication tower shall not be located in the front facade area of any structure; and

Editor's Note: See 66 Pa.C.S.A. § 101 et seq.

In no case shall ground-mounted related equipment, walls, or landscaping be located within 18 inches of the face of the curb;

Required electrical meter cabinets shall the screened to blend in with the surrounding area to the satisfaction of the Municipality;

Any graffiti on the tower or on any related equipment shall be removed at the sole expense of the owner; and

Any underground vaults related to commercial communication towers shall be reviewed and approved by the Municipality.

Design regulations:

Commercial communication tower in the public ROW shall not exceed 40 feet in height;

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

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

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

An emergency as determined by the Municipality.

Commercial commuter lot.

A traffic impact study shall be required;

Editor's Note: See Ch. 319, Stormwater Management.

Stormwater detention facilities shall be built in accordance with municipal codes, including the Stormwater Management Ordinance, 2700;

A commercial commuter lot shall have off-street parking spaces and aisle widths meeting the following minimum specifications:

Table 359-54O(9) - Parking Stall and Aisle Requirements
Parking Angle (Degrees)		90	60	45	30	Parallel
Stall width		9 feet	9 feet	9 feet	9 feet	8 feet
Stall length		18 feet	20 feet	19 feet	18 feet	24 feet
Aisle width	One-way	22 feet	18 feet	12 feet	12 feet	12 feet
Aisle width	Two-way	24 feet	24 feet	24 feet	24 feet	24 feet

Figure 501: 90 Degree Parking

Figure 502: 60 Degree Parking

Figure 503: 45 Degree Parking

Figure 504: 30 Degree Parking

Figure 505: Parallel Parking

The tandem parking of vehicles is prohibited within commercial commuter lots. Dead-end aisles are prohibited within commercial commuter lots;

All commercial commuter lots shall be designed in compliance with the Americans with Disabilities Act;[11]

Editor's Note: See 42 U.S.C. § 12101 et seq.

All commercial commuter lots shall meet the following accessible parking space ratio:

Table 359-54O(13) - ADA-Accessible Parking Requirements
Total Number of Parking Spaces	Total Minimum Number of Accessible Parking Spaces (60-Inch and 96-Inch Aisles)	Van-Accessible Parking Spaces with Minimum 96-inch-Wide Access Aisle	Accessible Parking Spaces with Minimum 60-Inch-Wide Access Aisle
1 to 25	1	1	0
26 to 50	2	1	1
51 to 75	3	1	2
76 to 100	4	1	3
101 to 150	5	1	4
151 to 200	6	1	5
201 to 300	7	1	6
301 to 400	8	1	7
401 to 500	9	2	7
501 to 1,000	2% of total parking in each lot	1 space out of 8 accessible spaces	7 spaces out of 8 accessible spaces
1,001 and over	20 plus 1 for each 100 over 1,000	1 space out of 8 accessible spaces	7 spaces out of 8 accessible spaces

Figure 506: Design Standards for Accessible Parking Spaces for Cars

Figure 507: Design Standards for Accessible Parking Spaces for Vans

One in every eight accessible spaces, but not less than one, shall be served by an access aisle eight feet wide minimum and shall be designated van accessible;

Bicycle parking shall be included for a minimum of one bicycle per 25 automobile spaces;

Park and ride facilities shall be equipped and controlled to discourage illegal parking, vandalism and other unlawful or nuisance-creating activities;

Barriers such as bollards, curbs, or bumper blocks must be provided for parking spaces perpendicular to sidewalks and buildings;

No sign of any kind other than conditions of use shall be maintained on any park and ride facility;

Community center.

A traffic impact study shall be required;

Parking spaces shall be located no more than 300 feet from the primary entrance of the building;

The primary vehicular entrance to the building shall have direct access to a public street;

All waste collection/storage areas shall be located at least 50 feet from the nearest building and shall be enclosed by a solid masonry screen wall;

All mechanical equipment shall be screened from the view of adjoining properties;

Outdoor speakers shall be permitted for emergency announcements and crowd control only. Events may not be broadcast to the exterior of the building;

Ingress, egress, and internal traffic circulation shall be designed to ensure access by emergency vehicles; and

Shall have no structures within 50 feet of any property line.

Condominium.

A traffic impact study shall be required;

Parking spaces shall be located no more than 300 feet from the primary entrance of the apartment building;

Where two or more buildings exist on the same lot, the minimum distance between buildings shall be 20 feet or 50% of the height of the taller building, whichever is greater;

The primary vehicular entrance to the apartment shall have direct access to a public street;

A twenty-foot-wide fire/emergency access route shall be provided around the perimeter of each building;

All mechanical equipment shall be screened from the view of adjoining properties;

All off-street parking areas adjacent to a single-family dwelling or property in any residential zoning district shall be screened by a minimum six-foot-high compact evergreen hedge; and

All waste collection/storage areas shall be located at least 50 feet from the nearest building and shall be enclosed by a solid masonry screen wall.

Continuing care facility. Also see "assisted living facility," "group home," "hospice," "nursing home facility," "personal care home facility," and "skilled nursing facility."

A traffic impact study shall be required;

All structures shall be set back a minimum of 40 feet from all property lines;

The site shall have frontage on and direct vehicular access to a public road;

Shall not be approved unless plans prepared by an architect or engineer are submitted which clearly indicate that adequate light, ventilation and fireproofing are provided;

The dwelling facility and its accommodations shall be functional and convenient with regard to the specific needs of the group to be housed in the facility;

Adequate open space opportunities for recreation shall be provided on the lot for the residents consistent with their needs and the area shall be secured by a fence with self-latching gate;

All mechanical equipment shall be screened from the view of adjoining properties;

All waste collection/storage areas shall be located at least 50 feet from the nearest building and shall be enclosed by a solid masonry screen wall.

The lot coverage by all principal and accessory buildings shall not exceed 40%;

Ingress, egress, and internal traffic circulation shall be designed to ensure access by emergency vehicles;

The parking and circulation plan shall be referred to the Fire Official for comments regarding traffic safety and emergency access;

The applicant shall file a detailed statement of intent describing the proposed use of the building, in which the statement shall detail the proposed number and nature of the anticipated occupants;

A certificate of occupancy shall be required before any unit may be occupied;

Any change in the conditions of original approval shall constitute a new use and the full procedure for obtaining approval of the conditional use shall be required.

Contractor's yard.

A traffic impact study shall be required;

The business shall include a permanent building, of not less than 1,000 square feet, on the lot for office, storage or minor assembly use;

Areas used for the storage of supplies and equipment shall be screened from view of abutting properties and from abutting roads;

Areas of the lot not occupied by buildings or by storage areas shall be either paved or landscaped;

All mechanical equipment shall be screened from the view of adjoining properties;

All waste collection/storage areas shall be located at least 50 feet from the nearest building and shall be enclosed by a solid masonry screen wall;

Material storage area shall be a dust-free, all-weather surface such as asphalt, concrete or compacted gravel.

Convention center.

A traffic impact study and a parking demand analysis shall be required;

The site shall have frontage on and direct vehicular access to a public road;

Ingress, egress, and internal traffic circulation shall be designed to minimize congestion during peak usage of the facility;

Parking lot design requirements must comply with Article IX of this chapter;

Access for the development site shall be provided from nonresidential streets and shall not require the use of any residential collector or residential local streets;

All mechanical equipment shall be screened from the view of adjoining properties;

All waste collection/storage areas shall be located at least 50 feet from the nearest building and shall be enclosed by a solid masonry screen wall;

Outdoor speakers shall be permitted for emergency announcements and crowd control only. Events may not be broadcast to the exterior of the building/event center.

Correctional institution.

A traffic impact study and a parking demand analysis shall be required;

All parking areas shall be screened from view from public or private roads;

All structures shall be a minimum of 150 feet from all property lines;

All waste collection/storage areas shall be located at least 50 feet from the nearest building and shall be enclosed by a solid masonry screen wall;

All mechanical equipment shall be screened from the view of adjoining properties;

Access shall be from a public road only; and

An evacuation plan shall be submitted to the Municipality for review and approval.

Data center.

When a building has more than one principal facade, such principal building facades shall be consistent in terms of design, materials, details, and treatment.

Shall provide landscape buffering as per Article VIII.

Shall not have any tank for the storage of flammable or otherwise hazardous material closer than 50 feet to any property line, nor closer to any residential property than 100 feet.

All waste collection/storage areas shall be located at least 50 feet from the nearest building and shall be enclosed by a solid masonry screen wall.

Day spa.

See "athletic facility," "fitness center," "gymnasium," "membership club," "recreational facility," and "sports facility."

Dependent dwelling (granny flat).

Dependent dwellings shall not be located on lots of less than 7,200 square feet;

Shall only be permitted as an accessory structure;

The structure is not to be placed within any required yard;

Limited to two stories or 25 feet;

Each story is limited to 625 square feet (not less than 400 square feet);

Contains no more than one bedroom;

All mechanical equipment shall be screened from the view of adjoining properties;

All waste collection/storage areas shall be located at least 50 feet from the nearest building and shall be enclosed by a solid masonry screen wall;

May be erected within the required side or rear yards, provided that such an accessory structure is not located closer than 20 feet to the rear lot line or 10 feet to the side lot line; and

Distribution center.

A traffic impact and parking analysis study shall be required;

Shall not be located on lots of less than five acres;

Shall have side yards of not less than 20 feet;

Shall not have any tank for the storage of flammable or otherwise hazardous material closer than 50 feet to any property line, nor closer to any residential property than 100 feet;

Access for the site shall be provided from nonresidential streets;

All mechanical equipment shall be screened from the view of adjoining properties;

All waste collection/storage areas shall be located at least 50 feet from the nearest building and shall be enclosed by a solid masonry screen wall;

Outdoor speakers shall be permitted for emergency announcements only;

The site shall be such that no truck will back off of or onto a public right-of-way; and

Shall provide landscape buffering as per Article VIII.

Drive-in theater.

A traffic impact and parking analysis study shall be required;

Shall provide storage space for waiting automobiles between the ticket gate and the highway equal to 35% of the capacity of the theater;

Shall have no structure within 50 feet of any property line;

Shall provide individual car speakers;

All mechanical equipment shall be screened from the view of adjoining properties;

All waste collection/storage areas shall be located at least 50 feet from the nearest building and shall be enclosed by a solid masonry screen wall;

Shall serve no persons other than patrons from refreshment stands; and

The screen shall not be higher than 100 feet, nor be visible from any highway or abutting residential district nor be closer than 100 feet to any property line.

AA.

Driving range.

A traffic impact and parking analysis study shall be required;

All buildings shall be located at a minimum of 50 feet from all property lines and buffered in accordance with Article VIII, § 359-98;

The teeing areas, greens and hitting fields shall be designed and setback sufficiently to prevent golf balls from being hit onto property under separate ownership, including but not limited to:

Tees, hitting fields and greens shall be designed to encourage the direction of play away from adjacent properties; and

Access shall be provided for fire, emergency and other safety vehicles;

The maximum height of lights shall not exceed 35 feet and the lighting produced shall be shielded and directed away from adjoining properties;

The maximum height of all pole/pylon signage shall not exceed 10 feet and 65 square feet in size;

All wall or roof sign shall not exceed 50 square feet in size;

All mechanical equipment shall be screened from the view of adjoining properties;

All waste collection/storage areas shall be located at least 50 feet from the nearest building and shall be enclosed by a solid masonry screen wall;

Driving range hours of operation and activities shall be appropriately scheduled to protect the surrounding neighborhood from detrimental noise, disturbance or interruption; and

The owner/operator shall comply with all governmental agencies, regulations and laws.

BB.

Educational institution.

Reference "school," Subsection BBBB (below),[12] and vocational school, Subsection QQQQ (below).

Editor's Note: So in original; see also § 359-108.

CC.

Fitness center.

See "athletic facility," "day spa," "gymnasium," "membership club," "recreational facility," and "sports facility."

DD.

Food processing.

A traffic impact and parking analysis study shall be required;

Shall not be located on lots of less than two acres;

Shall have side yards of not less than 20 feet;

Shall not have any tank for the storage of flammable or otherwise hazardous material closer than 50 feet to any property line, nor closer to any residential property than 100 feet;

All mechanical equipment shall be screened from the view of adjoining properties;

All waste collection/storage areas shall be located at least 50 feet from the nearest building and shall be enclosed by a solid masonry screen wall;

The site shall be such that no truck will back off of or onto a public right-of-way; and

Shall provide landscape buffering as per Article VIII, § 359-98;

EE.

Fuel service and/or charging station.

A traffic impact and parking analysis study shall be required;

A fuel service station shall be located on a lot not less than 18,000 square feet;

A canopy over the gas pumps shall be permitted, provided that;

The canopy shall not be enclosed;

The canopy shall be located a minimum of 40 feet from any property line or street right-of-way line; and

The canopy shall be removed immediately if the principal use is changed or discontinued;

All automatic or self-serve vehicle washing operations, shall comply with Subsection OOOO, Vehicle wash, automatic or self-serve;

No open-air, outdoor storage of materials, merchandise, and equipment shall be permitted;

Outdoor speakers shall be permitted for emergency announcements only;

All mechanical equipment shall be screened from the view of adjoining properties;

All waste collection/storage areas shall be located at least 50 feet from the nearest building and shall be enclosed by a solid masonry screen wall;

All fuel, oil, other flammable substances, associated ventilation equipment and charging stations shall be stored or located at least 50 feet from any lot line; and

There shall be no parking of motor vehicles, trucks, tractors or trailers in excess of 48 hours.

FF.

Garden apartment.

A traffic impact study shall be required;

Parking spaces shall be located no more than 300 feet from the primary entrance of the building;

Where two or more buildings exist on the same lot, the minimum distance between buildings shall be 20 feet or 50% of the height of the taller building, whichever is greater;

All mechanical equipment shall be screened from the view of adjoining properties;

The primary vehicular entrance to the development shall have direct access to a public street; and

All waste collection/storage areas shall be located 50 feet from the nearest building and shall be enclosed by a solid masonry screen wall.

GG.

Gas station.

See fuel service station and/or charging station.

HH.

Golf course.

A traffic impact study and a parking demand analysis shall be required;

Golf course club house or other similar accessory structure shall be located at a minimum of 50 feet from all property lines;

Golf course maintenance buildings and/or sheds shall be located at a minimum of 50 feet from all property lines and buffered in accordance with § 359-98, Landscaping, buffer yards, and screening;

Twenty-five feet of vegetative buffer shall be provided in area abutting properties under separate ownership;

All mechanical equipment shall be screened from the view of adjoining properties;

The playing areas and hitting fields shall be designed and setback sufficiently to prevent golf balls from being hit onto property under separate ownership, including but not limited to;

Tees, fairways and greens shall be designed to encourage the direction of play away from adjacent properties; and

Fence, netting and/or vegetative buffer yards shall be installed/planted to protect public streets, private access roads, other right of way areas and adjacent properties, occupants, occupant's guest and/or vehicles. The height of any fence and/or netting shall be determined on a site-specific basis and may exceed the requirements of § 359-95, Fences and hedges, of this chapters;

Access shall be provided for fire, emergency and other safety vehicles;

Lights shall be shielded and directed away from adjoining properties;

All waste collection/storage areas shall be located at least 50 feet from the nearest building and shall be enclosed by a solid masonry screen wall;

A golf course's hours of operation and activities shall be appropriately scheduled to protect the surrounding neighborhood from detrimental noise, disturbance or interruption; and

The owner/operator shall comply with all governmental agencies, regulations and laws.

Gun range, indoor.

Nothing in this section shall be construed to exempt any indoor shooting range, its construction, remodeling, or operation from any applicable city, state, or federal law, rule, or regulation.

All indoor shooting ranges and instructors at any shooting range shall be certified by the National Rifle Association or by the State of Pennsylvania.

Indoor shooting ranges shall be located only in C-2, Business Commercial, C-3, Mixed Use, L, Special Use, M-1, Planned Industrial, M-2, Heavy Industrial and BLVD, Boulevard Zoning Districts.

The application for a license shall be made in writing, and said application shall contain the following information:

Name of applicant, stating whether individual, partnership, corporation or association.

Address of applicant.

Age of applicant (individual's age, or date of incorporation or formation if a business entity).

Location and legal description of the premises sought to be licensed, and a statement of whether the premises are owned or leased by applicant.

Qualifications and experience of applicant.

Designation of service agent for service of legal process.

Any other information the Chief of Police or his designee may deem necessary.

Such license shall be placed and maintained at all times in an open, prominent and conspicuous place inside the range.

A sign stating the rules and regulations of the range operation shall be placed in a prominent and conspicuous location within the range.

Mandatory reporting. If at any time, an accidental discharge involves injury or death, the licensee shall provide a written incident report that shall include the following:

Name of shooter.

Name of victim.

Time and date of the incident.

Detailed statement of the events that occurred.

It shall be unlawful and an offense for any person to manage or operate any indoor shooting range in any manner which violates the requirement of this Code.

Editor's Note: So in original.

Gun range, outdoor.

Rifle and handgun ranges are open from 8:00 a.m., prevailing time, until sunset Monday through Saturday, and from 12:00 noon to sunset Sunday, unless otherwise posted.

The range shall not exceed 250 yards in length.

An individual under 16 years of age may not use the range unless accompanied by a person 18 years of age or older.

Prohibited acts:

Discharge a firearm from any location on the range other than an established shooting station on the firing line.

Discharge armor piercing, incendiary, explosive, tracer or multiple projectile ammunition.

Be intoxicated, use or possess an intoxicating beverage or controlled substance on the range.

Discharge an automatic firearm.

The application for a license shall be made in writing, and said application shall contain the following information:

Name of applicant, stating whether individual, partnership, corporation or association.

Address of applicant.

Age of applicant (individual's age, or date of incorporation or formation if a business entity).

Location and legal description of the premises sought to be licensed, and a statement of whether the premises are owned or leased by applicant.

Qualifications and experience of applicant.

Designation of service agent for service of legal process.

Any other information the Chief of Police or his designee may deem necessary.

Such license shall be placed and maintained at all times in an open, prominent and conspicuous place inside the range.

A sign stating the rules and regulations of the range operation shall be placed in a prominent and conspicuous location within the range.

All mechanical equipment shall be screened from the view of adjoining properties.

All waste collection/storage areas shall be located at least 50 feet from the nearest building and shall be enclosed by a solid masonry screen wall.

Mandatory reporting. If at any time, an accidental discharge involves injury or death, the licensee shall provide a written incident report that shall include the following:

Name of shooter.

Name of victim.

Time and date of the incident.

Detailed statement of the events that occurred.

KK.

Gymnasium.

See "athletic facility," "day spa," "fitness center," "membership club," "recreational facility," and "sports facility."

LL.

Helipad.

The minimum site area shall be five acres;

Such use shall be designed and operated in conformance with all regulations of the Federal Aviation Administration (FAA) and the State Bureau of Aviation;

No fuel, helicopters or maintenance equipment shall be stored on-site;

No maintenance or repair work shall be done on-site;

A minimum 100-foot setback shall be maintained between the center of the helipad and other buildings on the same lot and from any public street, any dwelling and/or school;

A minimum 1,000-foot setback shall be maintained between the center of the helipad and any residential dwelling and/or school;

All mechanical equipment shall be screened from the view of adjoining properties;

All waste collection/storage areas shall be located at least 50 feet from the nearest building and shall be enclosed by a solid masonry screen wall;

Hours for takeoff and landing shall be scheduled to minimize negative impacts on surrounding residential activity; and

No parking area or waiting room shall be permitted on-site.

MM.

Heliport.

The minimum site area shall be five acres;

Such use shall be designed and operated in conformance with all regulations of the Federal Aviation Administration and the State Bureau of Aviation;

Fuel, helicopters or maintenance equipment may be stored on-site;

Maintenance or repair work may be conducted on-site;

A minimum 100-foot setback shall be maintained between the center of the heliport and other buildings on the same lot and from any public street, any dwelling and/or school;

A minimum 1,000-foot setback shall be maintained between the center of the heliport and any residential dwelling and/or school;

All mechanical equipment shall be screened from the view of adjoining properties;

All waste collection/storage areas shall be located at least 50 feet from the nearest building and shall be enclosed by a solid masonry screen wall;

Hours for takeoff and landing shall be scheduled to minimize negative impacts on surrounding residential activity; and

No parking area or waiting room shall be permitted on-site.

NN.

Helistop.

The minimum site area shall be five acres;

Such use shall be designed and operated in conformance with all regulations of the Federal Aviation Administration and the State Bureau of Aviation;

No fuel, helicopters or maintenance equipment shall be stored on-site;

No maintenance or repair work shall be done on-site;

A minimum 100-foot setback shall be maintained between the center of the helistop and other buildings on the same lot and from any public street;

A minimum 1,000-foot setback shall be maintained between the center of the helistop and any residential dwelling and/or school;

All mechanical equipment shall be screened from the view of adjoining properties;

All waste collection/storage areas shall be located at least 50 feet from the nearest building and shall be enclosed by a solid masonry screen wall.

Hours for takeoff and landing shall be scheduled to minimize negative impacts on surrounding residential activity; and

No parking area or waiting room shall be permitted on-site.

OO.

Hobby farm.

A hobby farm is permitted as a conditional use in the R-1 and R-2 Residential Districts;

The minimum lot area for a hobby farm is five acres;

The owner of the hobby farm shall reside on the lot;

A hobby farm owner shall not permit litter and droppings from their horses or any other animals to collect so as it results in a presence of fly larvae or objectionable odors;

All mechanical equipment shall be screened from the view of adjoining properties;

All waste collection/storage areas shall be located at least 50 feet from the nearest building and shall be enclosed by a solid masonry screen wall;

The area of the lot used for grazing shall be adequately fenced to properly enclose the animals and to protect adjacent lots; and

The primary residence/principal structure on the lot shall meet the zoning districts lot area and bulk requirements.

PP.

Hospice. Also see "assisted living facility," "continuing care facility," "nursing home facility," "personal care home facility," and "skilled nursing facility."

A traffic impact study shall be required;

All structures shall be set back a minimum of 40 feet from all property lines;

The site shall have frontage on and direct vehicular access to a public road;

Shall not be approved unless plans prepared by an architect or engineer are submitted which clearly indicate that adequate light, ventilation and fireproofing are provided;

The dwelling facility and its accommodations shall be functional and convenient with regard to the specific needs of the group to be housed in the facility;

All mechanical equipment shall be screened from the view of adjoining properties;

All waste collection/storage areas shall be located at least 50 feet from the nearest building and shall be enclosed by a solid masonry screen wall;

The lot coverage by all principal and accessory buildings shall not exceed 40%;

Ingress, egress, and internal traffic circulation shall be designed to ensure access by emergency vehicles;

The parking and circulation plan shall be referred to the Fire Official for comments regarding traffic safety and emergency access;

The applicant shall file a detailed statement of intent describing the proposed use of the building, in which the statement shall detail the proposed number and nature of the anticipated occupants;

A certificate of occupancy shall be required before any unit may be occupied;

Any change in the conditions of original approval shall constitute a new use and the full procedure for obtaining approval of the conditional use shall be required.

QQ.

Hospital.

The minimum site area required for a hospital shall be five acres;

The site shall be served by public water and public sewers;

Water pressure and volume shall be adequate for fire protection;

Ingress, egress, and internal traffic circulation shall be designed to ensure access by emergency vehicles;

The parking and circulation plan shall be referred to the Volunteer Fire Company for comments regarding traffic safety and emergency access;

A buffer yard shall be provided in accordance with the requirements of § 359-98 of this chapter;

All mechanical equipment shall be screened from the view of adjoining properties;

All waste collection/storage areas shall be located at least 50 feet from the nearest building and shall be enclosed by a solid masonry screen wall;

A private use helipad, if proposed as part of the hospital, shall meet the standards of § 359-54LL of this chapter; and

The site shall be served by a collector road or arterial road.

RR.

Hotel/motel.

No motel or hotel shall have a lot area less than 50,000 square feet or a lot area per sleeping unit of less than 1,000 square feet;

All waste collection/storage areas shall be located at least 50 feet from the nearest building and shall be enclosed by a solid masonry screen wall;

All mechanical equipment shall be screened from the view of adjoining properties;

Front, side and rear yards of a motel and hotel shall be permanently landscaped and maintained in good condition; and

Each motel or hotel sleeping unit shall have a minimum floor area of 400 square feet and shall contain no more than two bedrooms.

SS.

Hydronic heaters.

The regulations listed below shall not apply to the following:

Grilling or cooking using charcoal, wood, propane or natural gas in cooking or grilling appliances;

Approved outdoor recreational fires;

Burning in a stove, furnace, fireplace, or other heating device within a building used for human or animal habitation; and

The legal use of propane, acetylene, natural gas, gasoline or kerosene in a device intended for heating, construction or maintenance activity.

The following items shall not be burned in an outdoor hydronic heater:

Fuel requirements for outdoor hydronic heaters. The materials listed below shall be the only materials allowed to be used for fuel:

No more than one outdoor hydronic heater shall be permitted per lot.

Setback requirements:

Outdoor hydronic heaters shall be located a minimum of 150 feet from any side or rear property line;

No person shall use or operate a new or existing outdoor wood-fired boiler between the dates of May 1 and September 30.

Outdoor hydronic heaters shall comply with all applicable regulations of the Uniform Construction Code.

TT.

Impoundments. See oil and gas and injection well sections for additional requirements/regulations.

Impoundments shall be permitted only on the parcel/property where the drilling site is located, and shall be considered an accessory use;

The minimum setback distance from all protected structures shall be 500 feet measured from the edge of the impoundment;

No off-site impoundments, drill cutting pits or reserve pits shall be permitted;

Impoundments shall not use surface aerators;

All drill site impoundments shall be secured with a temporary fence with a secured gate as follows:

The fence shall be of chain-link design, minimum eleven-gauge thickness and be at least eight feet high topped with either razor or barbed wire;

The fence shall remain in place at all times until the impoundment is removed;

Impoundments shall comply with all state and federal laws in regard to leak detection and monitoring, and must comply with EPA 9090 or any superseding regulation;

An impoundment may not contain any liquid substance generated from any well(s) located on another property;

No impoundment shall hold more than 1,000,000 gallons of liquid;

An impoundment must be completely enclosed, with solid walls and a roof;

As part of its PPC plan, an operator shall provide the details for emergencies involving impoundments; and

An applicant shall provide the Municipality with a baseline hydrogeologic study to document baseline quality.

UU.

Injection well. (Also reference oil and gas, impoundments, natural gas compressor stations sections.)

Fifteen paper copies and one electronic copy of the completed application form supplied by the Municipality along with supporting documentation as identified in this section.

The GPS location and 911 address of the well site.

The applicant shall provide any and all waivers from owners of protected structures.

Scheduling. The applicant shall provide a schedule with the application indicating the anticipated beginning and ending dates for all proposed activities.

General standards.

Best management practices for oil and gas operations shall be followed.

The uses regulated by this section are determined to be land developments and subject to the applicable provisions of the Municipality's SALDO Ord. 2525, as it may be amended.[14]

Editor's Note: See Ch. 324, Subdivision and Land Development.

Fresh water storage ponds are permitted. The use of nonpotable water is strongly encouraged.

The operator shall be responsible for prevention and prompt removal of spills involving waste materials, oil, and toxic or hazardous materials.

A copy of the site plan submitted as part of the conditional use application;

A general description of the planned operations at the development or facility and associated equipment to be used;

The contact information for the operator; and

Setbacks/location.

Injection wells shall comply with all screening and buffer yard requirements of the zoning district in which the pad/well is located.

In construction of the injection well, the natural surroundings should be considered, and attempts made to minimize impacts to adjacent properties.

Traffic impact.

Traffic study:

There will be no staging of trucks or equipment on local roads.

A traffic control plan in conformance with PennDOT standards shall be provided.

Geologic.

Predrilling testing results shall be submitted as part of the conditional use application.

Post-development testing shall be completed 12 months after operations have begun.

The results shall be submitted to the Municipality and PA DEP within 10 days of their receipt.

The operator shall be responsible for all costs associated with testing and testing shall be done by an independent state-certified testing laboratory agreed upon by the Municipality.

Visual.

The injection well facility shall be located, designed and constructed to minimize the removal of trees and shrubs, protect all natural resources, and minimize the amount of surface disturbance.

The operator shall not clear brush or trees by way of burning and shall chip, grind, or remove all tree stumps from properties it clears for development purposes.

The location and design of structures and site improvements shall be integrated with the natural color, form, and texture of the surrounding area.

Lighting.

Lighting at an injection well and well pad shall, when practicable, be limited to security lighting.

All temporary outdoor lighting shall be shielded and/or reflected away from adjoining properties so that no direct beam of light, but only diffuse or reflected light, enters adjoining properties.

Air and water quality.

All condensate tanks, compressor stations, processing plants, and other facilities shall be equipped with vapor recovery and/or vapor destruction units.

Noise. The operator shall take the following steps to minimize, to the extent possible, noise resulting from the injection well development:

Noise management plan:

The noise generated during operating hours shall not exceed the average ambient noise level by more than 10 decibels (dBa) or default level, whichever is higher.

Effective sound mitigation devices shall be installed in permanent facilities to address sound levels that would otherwise exceed the noise level standards.

Hazards.

Access.

The first 50 feet from the existing edge of pavement extending into the site shall consist of the following material:

Compacted subgrade.

PennDOT Class 4 geotextile fabric.

Eight inches of AASHTO No. 1 crushed aggregate base course.

Two inches of PennDOT 2A aggregate.

Six inches of superpave 25 mm binder course.

The remainder of the driveway to the well pad shall be constructed with the following material:

Eight inches of AASHTO No. 1 crushed aggregate base course.

Two inches of PennDOT 2A aggregate.

Ingress and egress points for all public and private driveways or roadways shall be located and improved in order to:

Meet Pennsylvania Code 67, Chapter 441, Access to and Occupancy of Highways by Driveway and Local Roads, PennDOT Design Manual 2.

Ensure adequate capacity for existing and projected traffic volume.

Provide efficient movement of traffic, including appropriate turning radii and transition grade.

Minimize hazards to highway users and adjacent property and human activity.

All applicable permits or approvals must be obtained, including, without limitation:

Access or driveway permits to state or county roads.

Overweight or oversize loads.

Storage of equipment.

Lumber, pipes, tubing and casing shall not be left on the development or facility except when drilling or well-servicing operations are being conducted on the site.

Fencing.

Warning signs shall be placed on the fencing surrounding the development or facility, providing notice of the potential dangers and the contact information in case of an emergency.

Structure height. Permanent structures of the injection well developments and facilities (both principal and accessory) shall comply with the height regulations of the applicable zoning district.

VV.

Major excavation.

The proposed operation shall meet all requirements of the Municipal Land Disturbance Ordinance;[15]

Editor's Note: See Ch. 243, Land Disturbance.

Residential streets shall not be used for routing of vehicles serving the excavation or fill unless the applicant demonstrates there is no other option;

A bond shall be provided for all affected roads in a form and manner acceptable to the Municipality;

The applicant shall submit a plan that addresses the number of vehicles that will access the site and the routes the vehicles will travel in a form acceptable to the Municipality; and

Hours of operation shall be limited to between 7:00 a.m. to 7:00 p.m.

WW.

Manufacturing.

A traffic impact study shall be required;

A bond shall be provided for all affected roads in a form and manner acceptable to the Municipality;

All mechanical equipment shall be screened from the view of adjoining properties;

All waste collection/storage areas shall be located at least 50 feet from the nearest building and shall be enclosed by a solid masonry screen wall;

Outdoor speakers shall be permitted for emergency announcements only;

XX.

Medical marijuana dispensary.

The business license, as provided for in this article, shall be prominently displayed on the premises of the medical marijuana facility;

Any license issued pursuant to this section is nontransferable to another person, entity, location or premises, medical marijuana establishment;

The location of the medical marijuana facility shall meet all county and commonwealth operating requirements.

A traffic impact study shall be required.

The site shall have frontage on and direct vehicular access to a public road.

Full name and address of the applicant;

The location at which the proposed medical marijuana facility is to be operated;

A floor plan of the establishment; and

A parking layout.

If building codes are complied with and report the findings in writing;

If building codes concerning health and safety are complied with and report the findings in writing;

If building codes concerning fire prevention and safety are complied with and report the findings in writing.

A medical marijuana dispensary shall:

Not have a drive-through service;

Not have outdoor seating areas;

Not have outdoor vending machines;

Prohibit the administering of or the consumption of medical marijuana on the premises; and

Not offer direct or home delivery service.

A medical marijuana dispensary may dispense controlled substances only to certified patients and caregivers and shall comply with all lawful, applicable health regulations.

All waste collection/storage areas shall be located at least 50 feet from the nearest building and shall be enclosed by a solid masonry screen wall.

All mechanical equipment shall be screened from the view of adjoining properties.

Any medical marijuana dispensary lawfully operating shall not be rendered in violation of these provisions by the subsequent location of a public, private or parochial school or a day-care facility.

A dispensary that provides medical marijuana may not operate on the same site as a facility used for growing and processing medical marijuana.

Medical Marijuana Facilities shall be subject to the off-street parking requirements as specified in Article IX.

YY.

Medical marijuana growing facility.

Shall abide by all state and federal regulations;

All uses shall be conducted within a completely enclosed building and shall create no external visible sign of the operation, such as noise, smoke, vibration, or any other factor.

Grow facilities must be in an enclosed and secured facility with functional windows, doors, rigid or semi-rigid walls and a roof.

Off-street parking, loading, and hours of operation shall be conducted in a manner that does not interfere with any industrial operations in the vicinity.

The operation shall have a comprehensive identification system that includes all employees' full legal name and photograph.

A security alarm system that covers all points of entry and perimeter windows. Utilization of motion detectors, pressure switches, duress and panic buttons, and hold-up alarms.

Cannabis producers and licensees must adhere to a strict product tracking system that ranges from seed to sale.

All mechanical equipment shall be screened from the view of adjoining properties.

All waste collection/storage areas shall be located at least 50 feet from the nearest building and shall be enclosed by a solid masonry screen wall.

Shall meet all requirements as listed for § 359-54A Agriculture farm.

Fencing shall be required, meeting the requirements of § 359-95, Fences and hedges.

ZZ.

Membership club.

Also see "athletic facility," "day spa," "fitness center," "gymnasium," "recreational facility," and "sports facility."

A traffic impact study shall be required;

The site shall have frontage on and direct vehicular access to a public road;

The minimum required building setback from any property adjoining a residential use or a residential zoning district shall be 50 feet;

The outdoor recreational area shall be setback 50 feet from all property lines and surrounded with opaque fencing. The height of the fencing shall be subject to the regulations of § 359-95.

Any membership club shall provide buffer yards in accordance with § 359-98, Landscaping, buffer yards and screening;

Any membership club shall provide fencing to control pedestrian ingress and egress;

All mechanical equipment shall be screened from the view of adjoining properties;

All waste collection/storage areas shall be located at least 50 feet from the nearest building and shall be enclosed by a solid masonry screen wall;

Any rental of the facility to non-members shall require on-site management and/or security personnel during the event.

AAA.

Methadone treatment facility.

See "substance abuse treatment facility."

BBB.

Mobile home park.

A traffic impact study shall be required;

The minimum site area shall be 10 acres;

Mobile home parks shall not be located in any identified floodplain area;

Nothing contained in this section shall be deemed as prohibiting the sale of a mobile home located on a mobile home lot and connected to utilities;

No central toilet, washroom or laundry facilities and shall be constructed within the mobile home park;

Individual mobile home lots shall have an area of not less than 3,000 square feet with a minimum width of 40 feet and a minimum lot depth of 75 feet;

The total number of mobile home lots shall not exceed 12 per acre;

Margins alongside the front, side and rear property line shall be densely planted with trees and shrubs for a depth of not less than 25 feet;

Each mobile home shall have an entrance platform or patio to conform to the overall plan;

Each mobile home park shall provide sanitary services and conveniences including water supply, sewage disposal, streetlighting and garbage disposal;

Natural gas piping systems, when installed in mobile home parks, shall be maintained in conformity with accepted engineering practices and the standards and regulations of the gas company;

All mechanical equipment shall be screened from the view of adjoining properties;

All waste collection/storage areas shall be located at least 50 feet from the nearest building and shall be enclosed by a solid masonry screen wall;

Systems shall be provided with safety devices to relieve excessive pressures and shall be arranged so that the discharge terminates at a safe location;

Systems shall have at least one accessible means for shutting off gas. Such means shall be located outside the mobile home and shall be maintained in effective operating condition;

Vessels of more than 12 US gallons and less than 60 US gallons gross capacity shall be securely, but not necessarily permanently, fastened to prevent accidental overturning; and

Installation of fuel oil supply system:

All piping from outside fuel-storage tanks or cylinders to mobile homes shall be securely, but not necessarily permanently, fastened in place; and

All fuel oil supply systems provided for mobile homes, service buildings and other structures shall have shutoff valves located within five inches of storage tanks.

Storage tanks:

All fuel storage tanks or cylinders shall be securely placed and shall not be less than five feet from any mobile home exit; and

Storage tanks located in areas subject to traffic shall be protected against physical damage.

Motel.

See "hotel."

Multifamily.

See "apartment"; "condominium"; townhouse"; and "two-family home."

EEE.

Natural gas compressor stations and natural gas processing plants. (Also reference oil and gas, injection wells, impoundments sections.)

Compressor stations.

Lawful existing or authorized uses of adjacent properties;

Neighboring flood-prone or landslide-prone areas; and

Agriculture and farmland.

A conditional use application for a compressor station shall be accompanied with written permission from the property owner(s) who has legal or equitable title in and to the surface of property;

The minimum setback distance from all protected structures shall be 500 feet measured from the edge of any machinery or equipment;

During operations by more than 10 decibels during the hours of 7:00 a.m. to 9:00 p.m.; and

During operations by more than five decibels during the hours of 9:00 p.m. to 7:00 a.m.

All structures, including but not limited to pumping units, storage tanks, buildings and structures shall be painted a neutral color, compatible with the surrounding environment;

Processing plants.

Lawful existing or authorized uses of adjacent properties;

Neighboring flood-prone or landslide-prone areas; and

Agriculture and farmland.

A conditional use application for a compressor station shall be accompanied with written permission from the property owner(s) who has legal or equitable title in and to the surface of property;

During operations by more than 10 decibels during the hours of 7:00 a.m. to 9:00 p.m.; and

During operations by more than five decibels during the hours of 9:00 p.m. to 7:00 a.m.

All structures, including but not limited to pumping units, storage tanks, buildings and structures shall be painted a neutral color, compatible with the surrounding environment;

Nightclub.

A traffic impact study shall be required;

There shall be only one nightclub permitted on a single lot or parcel;

A nightclub shall be allowed (as a Conditional use) in the C-2, C-3 and BLVD Districts only;

A nightclub shall not be located within 100 feet from any parcel of land or lot used principally as a residential use;

A nightclub shall not create an enticement for minors because of its proximity to nearby uses where minors may congregate, including but not limited to schools, churches, or libraries;

Nightclubs shall not utilize outdoor speakers or generate noise in excess of the limits otherwise permitted by this chapter;

Where a nightclub is located within a multitenant facility, such as a shopping center, measurement shall occur from the boundary of the leasehold interest, instead of the property line;

All mechanical equipment shall be screened from the view of adjoining properties;

All waste collection/storage areas shall be located at least 50 feet from the nearest building and shall be enclosed by a solid masonry screen wall;

The separation requirements hereof shall be measured in a straight line, without regard to intervening structures, from the closest point on each parcel;

GGG.

Nursing home facility. Also see "assisted living facility," "continuing care facility," "hospice," "personal care home facility," and "skilled nursing facility."

A traffic impact study shall be required;

All structures shall be set back a minimum of 40 feet from all property lines;

The site shall have frontage on and direct vehicular access to a public road;

Shall not be approved unless plans prepared by an architect or engineer are submitted which clearly indicate that adequate light, ventilation and fireproofing are provided;

The dwelling facility and its accommodations shall be functional and convenient regarding the specific needs of the group to be housed in the facility;

All mechanical equipment shall be screened from the view of adjoining properties;

All waste collection/storage areas shall be located at least 50 feet from the nearest building and shall be enclosed by a solid masonry screen wall;

The lot coverage by all principal and accessory buildings shall not exceed 40%;

Ingress, egress, and internal traffic circulation shall be designed to ensure access by emergency vehicles;

The parking and circulation plan shall be referred to the Fire Official for comments regarding traffic safety and emergency access;

The applicant shall file a detailed statement of intent describing the proposed use of the building, in which the statement shall detail the proposed number and nature of the anticipated occupants;

A certificate of occupancy shall be required before any unit may be occupied;

Any change in the conditions of original approval shall constitute a new use; and

The full procedure for obtaining approval of the conditional use shall be required.

HHH.

Oil and gas development, drilling and related operations. (Also reference injection wells, impoundments, natural gas compressor stations sections).

The minimum setback distance from all protected structures shall be 500 feet measured from the center of the wellhead;

Oil and gas well/pads shall comply with all screening and buffer yard requirements of the zoning district in which the pad/well is located;

In construction of the oil and gas well/pad, the natural surroundings should be considered and attempts made to minimize impacts to adjacent properties;

A site plan prepared by an engineer or surveyor licensed in Pennsylvania shall be provided to establish compliance with all applicable regulations. All drilling and production operations, including derricks, vacuum pumps, compressors, storage tanks, vehicle parking, structures, machinery, temporary housing, ponds and pits, and ancillary equipment on the well site shall be identified. All protected structures within 1,500 of the property lines of the well site shall be identified. All roads related to the development or facility must also be shown. A sufficient number of copies of the site plan shall be provided for review and comment by all Municipal emergency service organizations;

Scheduling. The applicant shall provide a schedule with the application indicating the anticipated beginning and ending dates for the following activities:

Well site preparation;

Drilling activity;

Completion (perforating);

Stimulation (hydraulic fracturing);

Production work;

Plugging; and

Site restoration;

The applicant shall identify the means and availability of the site for disposal of cuttings, fracturing fluids, oil, toxic materials, hazardous materials, and other waste products;

General standards.

Best management practices shall be followed;

[16]

Editor's Note: See Ch. 324, Subdivision and Land Development.

Any hazardous or toxic material shall be securely contained, stored and removed in accordance with applicable state or federal regulations. On-site disposal is prohibited. All hazardous materials stored must be clearly marked, identifying the contents, chemicals, and hazards as required by the OSHA Hazard Communication Standard 29 CFR 1910.1200 and National Fire Protection Association (NFPA) Code 104 - Standard System for the identification of the Hazards of Materials for Emergency Response. All regulated tanks are to be labeled to a NFPA specification;

Storage of equipment:

Lumber, pipes, tubing, and casing shall not be left on the development or facility except when drilling or well-servicing operations are being conducted on the site;

Fresh water storage ponds are permitted. The use of nonpotable water is strongly encouraged;

The operator shall not clear brush or trees by way of burning and shall chip, grind, or remove all tree stumps from properties it clears for development purposes;

The location and design of structures and site improvements shall be integrated with the natural color, form, and texture of the surrounding area;

The operator shall be responsible for prevention and prompt removal of spills involving waste materials, oil, and toxic or hazardous materials;

A copy of the site plan submitted as part of the conditional use application;

A general description of the planned operations at the development or facility and associated equipment to be used;

The contact information for the operator; and

Predrilling testing results, both from existing water supplies and from the operator-drilled test well, shall be submitted as part of the conditional use application;

All condensate tanks, compressor stations, processing plants and other production facilities shall be equipped with vapor recovery and/or vapor destruction units;

Operator shall test for the following list of parameters:

		Analyte
Inorganic	Trace Metal	Organic	Microbiology	Other
Alkalinity	Barium	Ethane	Coliform/E. Coli	Volatile compounds
Chloride	Calcium	Methane		Detergent (MBAs)
Conductivity	Iron	Propane		Organic carbon
Hardness	Magnesium			Nitrate
Oil/grease bromide	Manganese			Radionuclides/gross alpha, radium
pH	Potassium			Radon
Sulfate	Sodium			Lead
Dissolved solids	Strontium			Total coliform bacteria
Residue	Aluminum
Turbidity	Lithium
Ethylene glycol	Selenium
Acetone	Boron

Predrilling results shall be submitted as part of the conditional use application;

The results shall be submitted to the Municipality and the PADEP within 10 days of their receipt;

Operator shall test for the following parameters:

	Analyte
Inorganic	Trace Metal	Microbiology	Other
Alkalinity	Barium	Coliform/E coli	Volatile Compounds
Chloride	Calcium		Nitrate
Hardness	Iron		Radionuclides gross Alpha, Radium
Oil/Grease Bromide	Magnesium		Lead
Ph	Manganese
Sulfate	Potassium
Residue (filterable)	Sodium
Residue (non-filterable)	Strontium
Bromide	Arsenic
	Zinc
	Aluminum
	Lithium
	Selenium
	Boron

Beginning with its intersection with a public street, any ingress or egress point for the development or facility shall be paved for the first 50 feet and improved with limestone or other material for the next 100 feet in a manner that no water, sediment, or debris will be carried onto any public street. If any amount of mud, dirt, or other debris is carried onto public or private ROW from the well site, the operator shall immediately clean the roads and implement a remedial plan as directed by the Municipality to keep the streets continuously clean;

The first 50 feet from the existing edge of pavement extending into the site shall consist of the following material:

Compacted subgrade;

PennDOT Class 4 geotextile fabric;

Eight inches of AASHTO No. 1 crushed aggregate base course;

Two inches of PennDOT 2A aggregate;

Six inches of superpave 25 mm binder course;

The remainder of the driveway to the well pad shall be constructed with the following material:

Eight inches of AASHTO No. 1 crushed aggregate base course;

Two inches of PennDOT 2A aggregate;

Ingress and egress points for all public and private driveways or roadways shall be located and improved in order to:

Meet Pennsylvania Code 67, Chapter 441, Access to and Occupancy of Highways by Driveway and Local Roads, PennDOT Design Manual 2;

Ensure adequate capacity for existing and projected traffic volume;

Provide efficient movement of traffic, including appropriate turning radii and transition grade;

Minimize hazards to highway users and adjacent property and human activity;

All applicable permits or approvals must be obtained, including, without limitation:

Access or driveway permits to state or county roads;

Overweight or oversize loads;

There will be no staging of trucks or equipment on local roads;

A traffic control plan in conformance with PennDOT standards shall be provided;

Geophysical exploration (seismic testing):

The applicant shall post a bond or other security in a form to be approved by the Municipality in the amount of $1,000,000 to cover the cost of any damage as a result of seismic testing;

As part of its conditional use application, the applicant shall provide the Municipality and its emergency responders with the name and twenty-four-hour contact information of the individual who is supervising the drilling operation. Applicant shall also provide similar contact information for all subcontractors, and shall be responsible for updated such a list as required;

During drilling activities by more than 10 decibels during the hours of 7:00 a.m. to 9:00 p.m.; and

During drilling activities by more than five decibels during the hours of 9:00 p.m. to 7:00 a.m.

The noise generated during operating hours activities shall not exceed the average ambient noise level as determined by the seventy-two-hour evaluation or default level, whichever is higher:

During drilling activities, by more than 10 decibels (dBa) during the hours of 7:00 a.m. to 9:00 p.m.

All permanent facilities associated with the oil and gas well/pad shall meet the general noise requirements of this chapter. Where a conflict exists the more stringent requirements shall apply.

Effective sound mitigation devices shall be installed to permanent facilities to address sound levels that would otherwise exceed the noise level standards.

A copy of the well survey plat showing the location(s) of the planned well(s);

A general description of the planned operations at the proposed well site, and the associated equipment to be used in development of the wells; and

The contact information of the operator.

(32)

Any on-site associated gas production equipment (well head, separator, condensate tanks and pipeline) shall be painted an earth tone color to blend in with the surrounding area;

(33)

Fencing, screening and buffering.

The Municipality may, in its sole discretion require permanent fencing and/or landscaping to buffer post-drilling facilities or gas production equipment from adjacent properties;

Security fencing consisting of a permanent galvanized chain-link fence, a minimum of eight feet in height, topped with either razor or barbed wire shall be installed prior to the commencement of any activity at every well site to secure wellheads, storage tanks, separation facilities, water or liquid impoundment areas, and other mechanical and production equipment and structures on the well site. See impoundments section for additional requirements/regulations.

The public roadway at the entrance to the access road shall be kept free of all mud, debris, trash or other waste material;

(37)

The facility and/or its operations shall at all times comply with all applicable permits and requirements of the PADEP, the United States Environmental Protection Agency, and any other governmental authority having jurisdiction over its operations. The facility and operator shall also at all times comply with all federal, state and local laws, ordinances and regulations promulgated to protect the environment. The applicant shall demonstrate that the proposed well site operations do not violate the rights of the citizens of the Municipality pursuant to the Pennsylvania Environmental Rights Amendment;

Property lines, total acreage of parcel proposed for development and any existing oil and gas well areas adjacent to the proposed oil and gas well;

All existing streets, right of ways, and easements related to the development;

Owners of adjacent properties, including the location of any existing structures and driveway locations;

The location of structures on abutting property within 300 feet of common property lines;

The location of the oil or gas well and any associated facilities and equipment;

The location of existing structures and accessory uses on-site;

The location of vehicle and equipment cleaning and tire cleaning areas. A program for removing mud and other site debris from the municipal streets;

The location of proposed access roads and proposed haul roads;

The location of stormwater and sediment controls;

An environmental impact statement, which shall include the following:

A description of existing conditions in the area;

A land use history of the property;

A description of the proposed oil and gas well and associated facilities;

The relationship of the proposed oil and gas well to the surrounding community, including the impact on land use plans, policies and controls;

[f]

An inventory of private properties served by private water supplies within 3,000 feet of the permit area;

[g]

A historical record of previous oil and gas well operations; and

[h]

A description of existing conditions, including if an oil and gas well exists, and the construction details of that existing oil and gas well.

III.

Parking garage.

A parking garage shall be used exclusively for the parking or storage of licensed/registered vehicles;

The maximum grade of the parking floors shall be 6%;

There shall be a minimum of one elevator for each 250 parking spaces or fraction thereof;

Compliance with all requirements of the Americans with Disability Act;[17]

[17]

Editor's Note: See 42 U.S.C. § 12101 et seq.

All waste collection/storage areas shall be located at least 50 feet from the nearest building and shall be enclosed by a solid masonry screen wall;

All mechanical equipment shall be screened from the view of adjoining properties;

No sale, rental service or repair operations of vehicles shall be performed inside the garage; and

JJJ.

Personal care home facility. Also see "assisted living facility," "continuing care facility," "hospice," "nursing home facility," and "skilled nursing facility."

A traffic impact study shall be required;

All structures shall be set back a minimum of 40 feet from all property lines;

The site shall have frontage on and direct vehicular access to a public road;

Shall not be approved unless plans prepared by an architect or engineer are submitted which clearly indicate that adequate light, ventilation and fireproofing are provided;

The dwelling facility and its accommodations shall be functional and convenient with regard to the specific needs of the group to be housed in the facility;

All mechanical equipment shall be screened from the view of adjoining properties;

All waste collection/storage areas shall be located at least 50 feet from the nearest building and shall be enclosed by a solid masonry screen wall;

The lot coverage by all principal and accessory buildings shall not exceed 40%;

Ingress, egress, and internal traffic circulation shall be designed to ensure access by emergency vehicles;

The parking and circulation plan shall be referred to the Fire Official for comments regarding traffic safety and emergency access;

The applicant shall file a detailed statement of intent describing the proposed use of the building, in which the statement shall detail the proposed number and nature of the anticipated occupants;

A certificate of occupancy shall be required before any unit may be occupied;

Any change in the conditions of original approval shall constitute a new use and the full procedure for obtaining approval of the conditional use shall be required.

KKK.

Place of worship (religious establishment, church, synagogue, temple, mosque, etc.).

A traffic impact study shall be required;

The minimum lot area is one acre;

All structures shall be set back a minimum of 40 feet from all property lines and shall be no higher than 35 feet;

If a residential facility (such as a convent, monastery or other group living quarters) is proposed as part of a place of worship, no more than 10 persons shall be housed;

Permitted accessory uses may include:

Primary or secondary school;

Day-care center;

Gymnasium/recreational facility;

Kitchen;

Parsonage, parish house or rectory; and

Other uses that are customarily accessory to religious uses and places of worship.

Accessory uses shall be on the same lot as the primary religious use/place of worship and shall meet the following requirements:

Accessory uses shall meet area and bulk requirements of the zoning district in which they are located; and

Accessory uses shall be setback a minimum of 20 feet from a residential use or district.

Parking is not permitted within 10 feet of the side or rear property lines;

Parking is prohibited within the front yard areas;

Shared parking with surrounding uses is encouraged for all places of worship;

If the parking area is adjacent to a residential use, an additional ten-foot setback shall be provided for parking areas with more than 10 vehicles;

The place of worship shall have direct access to a public street with sufficient capacity to accommodate the traffic generated;

The number of points of the ingress/egress shall be based upon projected peak hour traffic and approved by the Municipal Traffic Engineer to ensure public safety;

All access drives shall provide the minimum required sight distances for motorist;

The primary visitor drop-off and pick-up areas shall be located in a manner that does not cause undue adverse traffic impacts (both pedestrian and vehicular) on the surrounding neighborhood;

All mechanical equipment shall be screened from the view of adjoining properties;

All waste collection/storage areas shall be located at least 50 feet from the nearest building and shall be enclosed by a solid masonry screen wall;

The required footcandle illumination shall not create glare conditions on adjacent properties or roads; and

A minimum of a four-foot-high opaque fence is required for all side and rear yard property lines.

LLL.

Planned nonresidential development (planned group unit/planned development).

See Article VII.

MMM.

Planned residential development.

See Article VI.

NNN.

Public use/public building.

A traffic impact study and a parking demand analysis shall be required;

The minimum site required shall be one acre;

All other activities and operations shall be conducted within a completely enclosed building;

Buildings which house public safety or maintenance vehicles shall be located on the site so that vehicles and equipment can be maneuvered without interrupting traffic flow or blocking public streets;

Ingress and egress shall be designed to maximize sight distance along adjacent public streets;

All waste collection/storage areas shall be located at least 50 feet from the nearest building and shall be enclosed by a solid masonry screen wall;

All mechanical equipment shall be screened from the view of adjoining properties;

Rear and side yard separation shall be provided in accordance with Article III, District Regulations.

Buffer yards shall be provided in accordance with § 359-98.

Security fencing — substation.

OOO.

Public utility facility.

A traffic impact study shall be required;

Provision must be made for proper storage of all materials and equipment when not in use;

All mechanical equipment shall be screened from the view of adjoining properties;

All waste collection/storage areas shall be located at least 50 feet from the nearest building and shall be enclosed by a solid masonry screen wall;

Maintenance vehicles shall be stored within an enclosed building; and

Outdoor storage of materials or equipment, other than maintenance vehicles, shall be permitted only if the storage area is completely enclosed by a minimum eight-foot fence with locking gate and is screened by 100% opaque screening material placed in the fencing or by a six-foot dense, compact ever green hedge, or as determined by the Municipality as adequate to ensure the protection of adjacent residential properties considering topography and sight lines. Material storage area shall be a dust-free, all-weather surface such as asphalt, concrete or compacted gravel.

PPP.

Quarry.

A traffic impact study shall be required;

Residential, conservation or agricultural: 500 feet;

Street: 100 feet;

Business: 200 feet;

Industrial: 100 feet;

These buffers shall apply to any existing house, principal structure or playground except for any residence or structures located on the property subject to the application;

All applicants shall submit a grading plan and obtain a grading permit from the Municipality;

All applicants shall submit a stormwater management plan and obtain stormwater management approval from the Municipality;

All mechanical equipment shall be screened from the view of adjoining properties;

All waste collection/storage areas shall be located at least 50 feet from the nearest building and shall be enclosed by a solid masonry screen wall;

An irrigation/sprinkler system shall be installed to prevent any dust from leaving the site.

QQQ.

Recreational facility.

Also see "athletic facility," "day spa," "fitness center," "gymnasium," "membership club," and "sports facility."

A traffic impact study shall be required;

Shall not be located on lots of less than 10,000 square feet;

Shall have yards of not less than 25 feet;

Such recreational facility will be a benefit or convenience to the neighboring residents of the Municipality;

Such recreational facility will not cause any potentially detrimental effect on surrounding property values;

All mechanical equipment shall be screened from the view of adjoining properties;

All waste collection/storage areas shall be located at least 50 feet from the nearest building and shall be enclosed by a solid masonry screen wall;

Such recreational facility will not cause any potential disruption or nuisance of or to adjacent lots or residences;

Any proposed recreational facility will not cause any detrimental effect to the public health, safety, morals, or general welfare of the Township residents; and

Any proposed recreational facility will not interfere or be inconsistent with the residential character of any residential districts or residential uses.

RRR.

Rehabilitation clinic.

See "substance abuse treatment facility."

SSS.

Retail sales, outdoor.

The retail use shall be limited to 2,000 square feet and maximum height of 20 feet;

Parking shall be provided according to the parking requirements of Article IX;

The retail use shall not be located closer that 20 to the property line of a residential use;

The retail use shall not operate before 7:00 a.m. or after 9:00 p.m.;

Any outdoor waste area/dumpster area shall be screened by a solid fence not less than six feet in height;

The retail use shall have a continuous vegetative buffer comprised of evergreen plants of a height not less than six feet when abutting a residential use;

The street level facade shall be transparent between the height of three feet and eight feet above the walkway grade for no less than 60% of the horizontal length of the building facade;

All primary structures shall provide a prominent and highly visible street level doorway or entrance on the facade of the building;

Continuous pedestrian sidewalks shall be provided along the main facade of building;

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

The retail use shall not involve the storage of supplies, equipment, raw material or residue material outside of the structure or in any shed or outbuilding on the property; and

TTT.

Salvage yard.

Minimum lot area shall be five acres;

The site shall have frontage on and direct vehicular access to a public road;

A landscaped visual barrier will be provided adjacent to a residential use or zone;

All completely enclosed buildings used to store salvage material shall be set back at least 50 feet from all property lines;

No material may be stored or stacked so that it is visible from adjoining properties and roads;

All junked vehicles shall be emptied of fuel, oil and other petroleum products, air conditioning fluid, antifreeze and batteries;

No salvage yard shall be located on land with a slope in excess of 8%, or on prime agricultural soils, sinkhole prone soils, wetlands, woodlands, or floodplains;

The operator shall submit a stormwater management plan that complies with the Municipal Stormwater Ordinance;[18]

[18]

Editor's Note: See Ch. 319, Stormwater Management.

All mechanical equipment shall be screened from the view of adjoining properties;

All waste collection/storage areas shall be located at least 50 feet from the nearest building and shall be enclosed by a solid masonry screen wall;

Must comply with all appropriate governmental agency regulations and laws;

Salvage storage areas shall be a dust-free, all-weather surface such as asphalt, concrete or compacted gravel.

Self storage.

See "warehousing."

Senior housing.

A traffic impact study shall be required;

Parking spaces shall be located no more than 300 feet from the primary entrance of the building;

Where two or more buildings exist on the same lot, the minimum distance between buildings shall be 20 feet or 50% of the height of the taller building, whichever is greater;

The primary vehicular entrance to the building shall have direct access to a public street;

A twenty-foot-wide fire/emergency access route shall be provided around the perimeter of each building;

All off-street parking areas adjacent to a single-family dwelling or property in any residential zoning district shall be screened by a minimum six-foot-high compact evergreen hedge; and

All waste collection/storage areas shall be located at least 50 feet from the nearest building and shall be enclosed by a solid masonry screen wall;

All mechanical equipment shall be screened from the view of adjoining properties;

Council shall require a covenant running with the land, in recordable form, providing that said dwelling shall be used exclusively for senior housing;

Sexually oriented business.

Classification. Sexually oriented businesses are defined in Article II, Definitions, and are classified as follows:

Adult arcades.

Adult bookstores or adult video stores.

Adult cabarets.

Adult motels.

Adult motion-picture theaters; adult theaters.

Escort agencies.

Nude model studios.

Sexual encounter centers.

Permit required:

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

The fact that a person possesses other types of Municipal permits does not exempt the person from the requirement of obtaining a sexually oriented business permit.

Issuance of permit:

The Zoning Officer shall approve the issuance of a permit to an applicant within 30 days after receipt of an application unless he finds one or more of the following to be true:

An applicant is under 18 years of age;

An applicant has failed to provide information reasonably necessary for issuance of the permit or has falsely answered a question or request for information on the application form;

The permit fee required by this chapter has not been paid;

An applicant of the proposed establishment is in violation of or is not in compliance with any of the provisions of this chapter; and

Inspection:

Expiration of permit:

Suspension of permit.

The Zoning Officer shall suspend a permit for a period not to exceed 30 days if he determines that a permittee or an employee of a permittee has:

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

Engaged in excessive use of alcoholic beverages while on the sexually oriented business premises or engaged in the use of illegal narcotics;

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

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

Failed to man managers' stations and/or maintain viewing rooms as set forth in Subsection WWW(11).

Revocation of permit.

The Zoning Officer shall revoke a permit if a cause of suspension set forth in Subsection WWW(7) occurs and the permit has been suspended within the preceding 12 months.

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

A permittee, or any of the persons specified in Subsection WWW(4)(a)[8], is or has been convicted of the offenses specified in Subsection WWW(4)(a)[8];

A permittee gave false or misleading information in the material submitted to the Municipality during the application process;

A permittee or an employee of a permittee has knowingly allowed possession, use, or sale of controlled substances on the premises;

A permittee or an employee of a permittee has knowingly allowed prostitution on the premises;

A permittee or an employee of a permittee knowingly operated the sexually oriented business during a period of time when the permittee's permit was suspended;

A permittee is delinquent in payment to the Municipality or state of any taxes or fees relating to sexually oriented business.

Transfer of permit.

Location of sexually oriented businesses.

A person is guilty of a violation of this chapter if he operates or causes to be operated a sexually oriented business within 1,500 feet of:

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

A public library;

A child-oriented business;

A childcare facility or nursery school; and

A public park adjacent to any residential district;

Regulations pertaining to exhibition of sexually explicit films or videos.

The application shall be sworn to be true and correct by the applicant;

No alteration in the configuration or location of a manager's station may be made without the prior approval of the Zoning Officer or designee;

No viewing room may be occupied by more than one person at any time. No connections or openings to an adjoining viewing room shall be permitted;

A person having a duty under Subsection WWW(11)(a)[1] through [9] is guilty of a violation of this chapter if he knowingly fails to fulfill that duty.

Exemptions.

By a proprietary school, licensed by the Commonwealth of Pennsylvania, or a college, junior college, or university supported entirely or partly by taxation;

In a structure:

Which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing;

Where, in order to participate in a class, a student must enroll at least three days in advance of the class; and

Where no more than one nude model is on the premises at anyone time.

Injunction.

Existing sexually oriented businesses:

Any existing business that would qualify under this chapter shall have one year from the time of enactment to come into compliance with this chapter.

XXX.

Shopping center.

A traffic impact study shall be required;

The entire shopping center shall have a common architectural character and be an integrated design;

Ingress, egress, and internal traffic circulation shall be designed to minimize congestion during peak usage of the facility;

Location of buildings and structures, traffic circulation, and parking lots shall be designed to provide adequate access for emergency medical vehicles and firefighting equipment;

All mechanical equipment shall be screened from the view of adjoining properties;

All waste collection/storage areas shall be located at least 50 feet from the nearest building and shall be enclosed by a solid masonry screen wall;

Loading berths shall be regulated by § 359-118;

Areas not paved or occupied by structures shall be landscaped. A landscaping plan, prepared by a landscape architect registered in the Commonwealth of Pennsylvania, shall be submitted; and

Areas used for outdoor sales shall be designed not to interfere with pedestrian circulation areas or in required parking areas.

YYY.

Single-family residential (in the mixed use).

The mixing of residential uses with office and/or commercial uses is encouraged within the mixed-use overlay districts;

Required off-street parking shall be computed separately for each of the uses incorporated into the mixed-use project;

All mechanical equipment shall be screened from the view of adjoining properties; and

All waste collection/storage areas shall be located at least 50 feet from the nearest building and shall be enclosed by a solid masonry screen wall.

ZZZ.

Skilled nursing facility. Also see "assisted living facility," "continuing care facility," "hospice," "nursing home facility," and "personal care home facility."

A traffic impact study shall be required;

All structures shall be set back a minimum of 40 feet from all property lines;

The site shall have frontage on and direct vehicular access to a public road;

Shall not be approved unless plans prepared by an architect or engineer are submitted which clearly indicate that adequate light, ventilation and fireproofing are provided;

The dwelling facility and its accommodations shall be functional and convenient with regard to the specific needs of the group to be housed in the facility;

All mechanical equipment shall be screened from the view of adjoining properties;

All waste collection/storage areas shall be located at least 50 feet from the nearest building and shall be enclosed by a solid masonry screen wall;

The lot coverage by all principal and accessory buildings shall not exceed 40%;

Ingress, egress, and internal traffic circulation shall be designed to ensure access by emergency vehicles;

The parking and circulation plan shall be referred to the Fire Official for comments regarding traffic safety and emergency access;

The applicant shall file a detailed statement of intent describing the proposed use of the building, in which the statement shall detail the proposed number and nature of the anticipated occupants;

A certificate of occupancy shall be required before any unit may be occupied;

Any change in the conditions of original approval shall constitute a new use and the full procedure for obtaining approval of the conditional use shall be required.

AAAA.

Solar energy facility (solar photovoltaic systems), principal use. Also see solar energy facility, accessory to principal use - Article VIII, § 359-109.

[19]

Editor's Note: See Ch. 324, Subdivision and Land Development.

Construction of any system shall comply with all rules, laws and regulations of the Federal Aviation Administration. Documentation of compliance shall be provided to the Municipality;

To the extent applicable, any system shall comply with the state Uniform Construction Code and the regulations adopted by the state Department of Labor and Industry;

All electrical components of systems shall conform to relevant and applicable local, state and national codes, and relevant and applicable international standards;

Systems shall not be artificially lit, except to the extent required by the Federal Aviation Administration or other applicable authority that regulates air safety;

Systems shall not display advertising, except for reasonable identification of the facility manufacturer;

Transmission and power lines shall be placed underground or out of sight;

The following project information shall be submitted to the Municipality for every proposed solar photovoltaic system:

Identification of the properties on which the proposed system will be located and the properties adjacent to the proposed location;

A view shed impact analysis, illustrating views of the proposed system, from multiple angles;

A design certification by a certified engineer, consisting of the proposed foundation design and analysis of soil conditions;

[20]

Editor's Note: See Ch. 324, Subdivision and Land Development.

Secure perimeter fencing shall be installed around the solar photovoltaic system. The fencing shall not be constructed within any required landscape buffer yard or setback;

Any upgrade, modification or structural change that materially alters the size or placement of an existing solar photovoltaic systems shall comply with the provisions of this chapter;

Ground-mounted systems are permitted based on the requirements for accessory uses or structures in the property's zoning district.

Design and installation standards:

All wiring must comply with the National Electrical Code, most recent edition, as amended and adopted by the Commonwealth of Pennsylvania;

For ground-mounted systems, all exterior electrical lines must be buried below the surface of the ground where possible or be placed in conduit;

The solar PV system must be constructed to comply with the most recent Fire Code as amended and adopted by the Commonwealth of Pennsylvania.

Setback requirements:

Height restrictions:

Notwithstanding the height limitations of the zoning district:

For a building-mounted system installed on a sloped roof, the highest point of the system shall not exceed the highest point of the roof to which it is attached;

For a building-mounted system installed on a flat roof, the highest point of the system shall be permitted to extend up to six feet above the roof to which it is attached.

Ground-mounted systems may not exceed the permitted height of accessory structures in the zoning district where the solar PV system is to be installed.

Screening and visibility:

Building-mounted systems on a sloped roof shall not be required to be screened;

Impervious lot coverage restrictions:

Nonconformance:

Building-mounted systems:

Ground-mounted systems:

(24)

Signage and/or graphic content:

(25)

Performance requirements:

All solar PV systems are subject to compliance with applicable performance standards detailed elsewhere in this chapter.

(26)

Inspection, safety and removal:

The Municipality reserves the right to inspect a solar PV system for building or fire code compliance and safety.

Permit requirements:

Before any construction or installation on any solar PV system shall commence, a permit issued by Municipality of Monroeville shall be obtained to document compliance with this chapter.

BBBB.

Sports facility.

See "athletic facility," "day spa," "fitness center," "gymnasium," "membership club," and "recreational facility."

CCCC.

Substance abuse treatment facility.

A traffic impact study and a parking demand analysis shall be required;

Any food preparation, service, or distribution shall be licensed and inspected;

A substance abuse treatment facility shall have frontage on and direct access to a public road;

[21]

Editor's Note: See 53 P.S. § 10621.

All buildings proposed to contain a substance abuse treatment facility shall fully comply with the requirements of the then current edition of the International Building Code (IBC);

All waste collection/storage areas shall be located at least 50 feet from the nearest building and shall be enclosed by a solid masonry screen wall;

All mechanical equipment shall be screened from the view of adjoining properties;

Signage for the substance abuse treatment facility shall fully comply with Article X, which establishes sign regulations for the Municipality.

DDDD.

Swimming pools.

Community or club swimming pools, public:

Community and club swimming pools shall comply with the following additional conditions and requirements:

The pool and any accessory structures thereto, and any lounging areas used by the bathers, shall not be closer than 50 feet to any adjacent lot line; and

Reference the International Building Code for fencing requirements. For example: a fence six feet in height, and this fence shall be locked at all times when the pool is unattended.

EEEE.

Tattoo parlor/body piercing studio.

A tattoo parlor and/or body piercing studio shall meet all requirements of all appropriate governmental agencies.

The valid license and all appropriate documentation shall be submitted to the Municipality prior to the issuance of the occupancy certificate;

The facility shall have frontage on and direct access to a public road;

All buildings proposed to contain a tattoo parlor/body piercing studio shall fully comply with the requirements of the then current edition of the International Building Code (IBC);

All mechanical equipment shall be screened from the view of adjoining properties;

All waste collection/storage areas shall be located at least 50 feet from the nearest building and shall be enclosed by a solid masonry screen wall;

Outdoor speakers shall be permitted for emergency announcements only;

Signage for the tattoo parlor/body piercing studio shall fully comply with Article X, which establishes sign regulations for the Municipality.

FFFF.

Therapeutic massage facility.

A traffic impact study and a parking demand analysis shall be required;

A therapeutic massage facility shall have frontage on and direct access to a public road;

All waste collection/storage areas shall be located at least 50 feet from the nearest building and shall be enclosed by a solid masonry screen wall;

All mechanical equipment shall be screened from the view of adjoining properties;

All buildings proposed to contain a therapeutic massage facility shall fully comply with the requirements of the then current edition of the International Building Code (IBC); and

Signage for the therapeutic massage facility shall fully comply with Article X, which establishes sign regulations for the Municipality.

GGGG.

Tiny home.

The tiny home shall have a minimum of 150 square foot and a maximum 400 square foot of habitable floor area;

The tiny home shall provide one off-street parking space;

The maximum density of the underlying zoning district may not be exceeded;

The setback requirements as a principal or accessory use of the underlying zoning district shall be met;

All mechanical equipment shall be screened from the view of adjoining properties; and

All waste collection/storage areas shall be located at least 50 feet from the nearest building and shall be enclosed by a solid masonry screen wall.

HHHH.

Townhouse.

A traffic impact study shall be required;

Parking spaces shall be located no more than 100 feet from the primary entrance of the building;

All off-street parking spaces, except spaces on driveways immediately in front of a carport or garage entrance, shall be set back a minimum of 10 feet from any dwelling;

Where two or more buildings exist on the same lot, the minimum distance between buildings shall be 20 feet or 50% of the height of the taller building, whichever is greater;

The maximum number of dwelling units in any townhouse building shall be five;

The primary vehicular entrance to the townhouse shall have direct access to a public street;

All mechanical equipment shall be screened from the view of adjoining properties;

All off-street parking areas adjacent to a single-family dwelling or property in any residential zoning district shall be screened by a minimum six-foot-high compact evergreen hedge; and

All waste collection/storage areas shall be located at least 50 feet from the nearest building and shall be enclosed by a solid masonry screen wall.

IIII.

Two-family home (duplex).

A traffic impact study shall be required;

Parking spaces shall be located no more than 100 feet from the primary entrance of the building;

Where two or more buildings exist on the same lot, the minimum distance between buildings shall be 20 feet or 50% of the height of the taller building, whichever is greater;

The primary vehicular entrance to the two-family home shall have direct access to a public street;

All mechanical equipment shall be screened from the view of adjoining properties;

All off-street parking areas adjacent to a single-family dwelling or property in any residential zoning district shall be screened by a minimum six-foot-high compact evergreen hedge; and

All waste collection/storage areas shall be located at least 50 feet from the nearest building and shall be enclosed by a solid masonry screen wall.

JJJJ.

Utility substation.

Utility substations shall provide proper separation and protection for abutting property;

All mechanical equipment shall be screened from the view of adjoining properties; and

Shall not require routine trucking movements on local residential or substandard streets.

KKKK.

Vehicle leasing/rental or sales.

A traffic impact and parking analysis study shall be required;

Minimum lot area shall be 1/2 acre;

The business shall include a permanent building, of not less than 2,500 square feet;

All side and rear yards shall be a minimum of 15 feet and 50 feet, respectively when abutting a residentially zoned district;

All automatic or self-serve vehicle washing operations, shall comply with § 359-54OOOO;

All fuel, oil, other flammable substances, associated ventilation equipment and charging stations shall be stored or located at least 50 feet from any lot line;

There shall be no parking of tractors and or trailers in excess of 48 hours;

The areas where the vehicles are displayed shall be paved with a concrete product or asphalt;

Strings of lighting, flags, flashers, or similar paraphernalia shall not be permitted;

All mechanical equipment shall be screened from the view of adjoining properties;

All waste collection/storage areas shall be located at least 50 feet from the nearest building and shall be enclosed by a solid masonry screen wall;

Outdoor speakers shall be permitted for emergency announcements only;

No repairs, other than minor repairs, shall be performed on the premises and any such minor repairs shall be performed only within the principal building on the premises; and

LLLL.

Vehicle repair service garage.

A traffic impact study shall be required;

All vehicles located on the property and awaiting repairs shall be subject to an active work order;

All service and/or repair activities shall be conducted within an enclosed principal building on the property;

All permanent storage of material, merchandise and equipment shall be within the principal building;

No outdoor storage of parts, equipment, lubricants, fuel or other material used or discarded as part of the service or repair operations, shall be permitted unless enclosed in a fenced in area;

Any used tires kept on the premises shall be stored inside or screened and removed from the property at regular intervals and shall not exceed 50 in number at any time;

Accessory renting/leasing of vehicles shall be allowed provided they do not:

Occupy more than 10% of the lot size; and

Occupy the required parking spaces;

The burning of fuel or crank oils, tires or similar materials, gas and combustible liquids as defined in the most recent adopted edition of the IFC and the IMC shall not be permitted;

All mechanical equipment shall be screened from the view of adjoining properties;

All waste collection/storage areas shall be located at least 50 feet from the nearest building and shall be enclosed by a solid masonry screen wall;

Outdoor speakers shall be permitted for emergency announcements only;

The demolition or junking of vehicles and machinery is prohibited. Demolished vehicles or parts thereof shall be removed from the site within two weeks of arrival;

Any ventilation equipment outlets associated with the servicing/repair work area(s) shall not be directed towards any adjoining property; and

The applicant shall furnish evidence that the storage and disposal of materials will be accomplished in a manner that complies with all applicable governmental agency regulations and laws.

MMMM.

Vehicle sales area.

See "vehicle leasing/rental or sales."

NNNN.

Vehicle salesroom.

See "vehicle leasing/rental or sales."

OOOO.

Vehicle wash, automatic or self-serve.

A traffic impact study shall be required;

Traffic flow and ingress-egress shall not cause traffic hazards on adjacent streets. On-lot traffic circulation channels and parking areas shall be clearly marked;

All automated washing facilities shall be in a completely enclosed building. All other vehicle washing facilities shall be under a roofed structure which has at least two walls;

Drainage water from the washing operation shall be controlled so that it does not flow or drain onto berms, sidewalks, streets or other property;

The building exit for automobiles that have completed the washing and machine drying process shall be set back a minimum of 50 feet from the nearest point of any street property line;

All mechanical equipment shall be screened from the view of adjoining properties;

All waste collection/storage areas shall be located at least 50 feet from the nearest building and shall be enclosed by a solid masonry screen wall;

All sludge collected from recycled water is to be disposed of at a landfill;

Outdoor speakers shall be permitted for emergency announcements only;

Any car wash, which also dispenses gasoline, shall meet all applicable requirements of § 359-54EE governing a fuel service and/or charging station.

PPPP.

Veterinary hospital.

A traffic impact study shall be required;

A veterinary hospital shall comply with applicable governmental agencies, regulations and laws, prior to the issuance of any permit;

The minimum lot area required for a veterinary hospital shall be 20,000 square feet;

All kennels and other facilities for the housing, boarding and keeping of animals upon the premises shall be located within an entirely enclosed building or structure;

All mechanical equipment shall be screened from the view of adjoining properties;

All waste collection/storage areas shall be located at least 50 feet from the nearest building and shall be enclosed by a solid masonry screen wall;

Noise and odors shall comply with the limits set forth in this chapter;

Outdoor kennels or runs shall not be permitted; and

Overnight boarding of animals, other than for medical supervision, shall be permitted, if the animals are boarded within a completely enclosed building.

QQQQ.

Vocational school.

A traffic impact study shall be required;

Storage areas shall be a dust-free, all-weather surface such as asphalt, concrete or compacted gravel;

The vocational school shall have access directly to a public road;

All mechanical equipment shall be screened from the view of adjoining properties;

All waste collection/storage areas shall be located at least 50 feet from the nearest building and shall be enclosed by a solid masonry screen wall;

Outdoor speakers shall be permitted for emergency announcements only;

Buildings on the lot shall be set back at least 40 feet from all property lines and shall be no higher than 35 feet;

Recreational areas shall be located no closer than 30 feet to an abutting street or 30 feet from other property lines; and

Ingress, egress, and internal traffic circulation shall be designed to minimize congestion during peak usage of the facility.

RRRR.

Warehousing and self-storage facilities (public/private).

A traffic impact study shall be required;

The facility's operating hours will be from 7:00 a.m. to 10:00 p.m.;

No curb cuts or driveways that provide access to or from a residential street shall be used or established;

Fences along property lines of residential uses shall have screens installed for privacy. Solid fences may be used with the approval of the Municipal Council;

No curb cuts or driveways shall be located within 150 feet of any residential district boundary line;

No trucks, tractors or trailers shall be maneuvered, parked, fueled, stored, loaded or unloaded within 100 feet of any residential district;

All mechanical equipment shall be screened from the view of adjoining properties;

All waste collection/storage areas shall be located at least 50 feet from the nearest building and shall be enclosed by a solid masonry screen wall;

Outdoor speakers shall be permitted for emergency announcements only;

Adequate lighting shall be provided for security, but it shall be directed away or shielded from any adjacent residential uses;

An on-site manager will be available at all times during the facility's established operating hours;

No outside storage of customer goods shall be permitted;

Outdoor storage shall be limited to recreational vehicles, boats and trailers. No junk vehicles shall be stored within view of a public street or a dwelling;

No hazardous materials or flammable items will be permitted to be stored in the facility;

Interior traffic aisles shall be kept clear of obstructions to emergency vehicles;

Customers shall not be permitted to operate a business or equipment within a self storage unit; and

The size of a self storage unit shall not exceed 1,000 square feet.

SSSS.

Wind energy facility (windmill), principal use. Also refer to § 359-142C(18), Windmill.

The following project information shall be submitted to the Municipality for every proposed wind energy facility:

Project narrative including the following: an overview of the project, project location, the approximate generating capacity, the number, representative types and heights of wind facilities to be constructed, including their generating capacity, dimensions, and respective manufacturers, and description of any ancillary facilities to the wind energy facility;

Identification of the properties on which the proposed wind energy facility will be located and the properties adjacent to the proposed location;

A view shed impact analysis, illustrating views of the proposed wind energy facility, from multiple angles;

A design certification by a certified engineer, consisting of the proposed foundation design and analysis of soil conditions;

[22]

Editor's Note: See Ch. 324, Subdivision and Land Development.

The applicant shall demonstrate that they have received all necessary federal, state, county and licenses, permits and approvals to operate a wind farm and related windmills;

To the extent applicable, all facilities shall comply with the state Uniform Construction Code and the regulations adopted by the Pennsylvania Department of Labor and Industry;

No signs or lights shall be mounted on a wind energy facility or related windmill, except:

Those required by the Federal Aviation Administration or other governmental agency which has jurisdiction; and

(q)

All on-site electric and other utility lines associated with a wind energy facility shall be buried underground or out of sight;

(r)

(s)

The minimum lot area for a wind energy facility shall be five acres;

(t)

Facilities shall not display advertising, except for reasonable identification of the facility manufacturer;

(u)

The blade of a windmill shall be located at least 30 feet above the adjacent ground level;

(v)

No moving parts of the wind energy facility shall extend over parking areas, driveways, roads, or sidewalks, except access ways necessary to service the wind energy facility;

(w)

The wind farm, windmills and related facilities shall comply with the following setback requirements:

The easement agreement shall be recorded with the Allegheny County Department of Real Estate, or its successor agency;

(y)

(z)

The easement agreement shall describe the properties benefited and burdened;

(aa)

The easement agreement shall advise all subsequent purchasers of the burdened property that the easement shall run with the land and may forever burden the subject property;

The owner and operator of the wind farm shall take such reasonable steps as are necessary to prevent, mitigate and eliminate any disruption or loss of radio, telephone, television or similar signals;

(gg)

Disturbed earth shall be graded and reseeded;

(hh)