Moosic City Zoning Code

May be erected only on the same zone lot as the principal structure.

May be erected only in the rear yard of such structure and shall be distant not less than 10 feet from the rear lot line nor less than 10 feet from any side property line, principal structure or accessory structure attached thereto. The side yard setbacks, however, may be reduced to five feet on nonconforming lots of insufficient width.

The pool is intended and is to be used solely for the enjoyment of the occupants of the principal use of the property on which it is located, and their guests, and no fee shall be charged.

Fencing for in-ground swimming pools shall consist of fencing of the swimming pool or the property on which the pool is situated. Said fence shall be not less than four feet in height and shall be designed and constructed to prevent uncontrolled access by children from the street or from adjacent properties; and said wall or fence shall be maintained in good condition at all times. Said fence shall be installed not later than the time that water is placed in the pool.

Above-ground pools shall be exempt from the fencing requirements of the preceding Subsection B(5)(d) if it includes an attached fence or fence/deck combination, and if:

All swimming pools shall be inspected by the Fire Underwriters for electrical safety precautions.

Gas heating units shall be installed only by a licensed plumber, certified to install plastic pipes.

All pumping, cleaning, filtering, and screening devices and water supply and discharge shall be of a type and source approved by local and/or state health department authorities.

Places of worship, primary or secondary schools;

Commercial enterprises catering primarily to persons under 18 years of age;

A public library;

A child-care facility or nursery school; and/or

A public park, including but not limited to a national historic site or national historic park.

Places of worship, primary or secondary schools;

Commercial enterprises catering primarily to persons under 18 years of age;

A public library;

A child-care facility or nursery school; and/or

A public park, including but not limited to a national historic site or national historic park.

Each facility shall have a minimum of 40 square feet (372 square decimeters) of indoor space for each child, measured wall to wall inclusive of space occupied by cupboards, shelves, furniture, and equipment, but exclusive of halls, bathrooms, offices, kitchens, locker rooms, and related areas.

Each facility shall have a minimum of 65 square feet (604 square decimeters) of accessible outdoor play space for each child. Outdoor play space is considered accessible if it is no more than 1/2 mile (0.8 kilometer) from the building. The following exceptions to the space requirements shall be permitted:

Such uses shall maintain screening on any property line abutting an R District.

Church, charitable institution, school or public playground.

Child day-care center or family day-care home.

Pennsylvania liquor store established, operated and maintained pursuant to the terms of Article III of the Pennsylvania Liquor Code.

Hotel, restaurant or club possessing a retail liquor license issued pursuant to Article IV of the Pennsylvania Liquor Code.

Older adult daily living center licensed by the Pennsylvania Department of Aging.

Any "senior center" as defined in Section 3 of the Pennsylvania Senior Center Grant Program Act.

That the use is so designed, located and proposed to be operated that the public health, safety, welfare and convenience will be protected.

That the use will not cause substantial injury to the value of other property in the neighborhood where it is to be located.

That the use shall be compatible with adjoining development and the proposed character of the zoning district where it is to be located.

That adequate landscaping and screening is provided as required in § 300-19 and as otherwise provided herein.

That adequate off-street parking and loading is provided and ingress and egress is so designed as to cause minimum interference with traffic on abutting streets.

That the use conforms with all applicable regulations governing the district where located, except as may otherwise be determined for large-scale developments.

That the use is compatible with the Borough's Comprehensive Plan.

An environmental assessment shall be submitted with all applications for conditional uses in accordance with Subsection D hereof.

Traffic. The proposed development shall not be located on a site where primary access to the site is from a minor street designed primarily to provide vehicular access to abutting properties. The development shall be designed in a manner which will not be injurious to the safe and convenient flow of vehicular traffic. A traffic plan, with estimates of the number of vehicles, shall be submitted to the Borough.

Performance standards. The proposed development will comply with the performance standards specified in Article VI hereof and such additional performance standards that shall be specified by the Borough Council to protect the health, safety and welfare of the Borough.

Permits. There shall be provided evidence of all required state and federal permits.

Distance from existing development. No conditional use shall be nearer to existing development than 1,000 feet or such greater distance as may be required to assure the health, safety and welfare of the community, or any lesser distance specified in this chapter.

Transfer of products and waste. Vehicles used in the transfer of waste shall be designed to preclude the accidental dumping of any part of such wastes while in transit, and transportation routes shall be designed to minimize traversing densely populated areas except for waste pickups.

Description of the proposal. Describe the proposed or recommended actions, its purpose, where it is to be located, when it is proposed to take place, and its interrelationship with other projects or proposals, including information and technical data sufficient to permit assessment of environmental impact by the Borough.

Description of the environment. Include a comprehensive description of the existing environment without the proposal and the probable future environment with the proposal. This description should focus both on the environmental details most likely to be affected by the proposal and on the broader regional aspects of the environment, including ecological interrelationships. Particular attention should be given to the potential effects of past or present use of the site as a repository for toxic or hazardous wastes.

The environmental impact of the proposed activities. Describe the environmental impacts of the proposed action. These impacts are defined as direct or indirect changes in the existing environment, both beneficial or detrimental. Whenever possible these impacts should be quantified. This discussion should include the impact not only upon the natural environment but upon land use as well. Provide separate discussion for such potential impacts as man-caused accidents and natural catastrophes and their probabilities and risks. Specific mention should also be made of unknown or partially understood impacts.

Mitigating measures included in the proposed action. Include a description of measures which are proposed to be taken or which are required to be taken to enhance, protect, or mitigate impacts upon the environment, including any associated research or monitoring.

Any adverse effects which cannot be avoided should the proposal be implemented. Include a discussion of the unavoidable adverse impacts described in Subsection D(4)(c) and (d), above, and an analysis of who or what will be affected and the degree of impact.

The relationship between local short-term use of man's environment and the maintenance and enhancement of long-term productivity. Describe the local short-term use of the environment involved in the proposed action in relation to its cumulative and long-term impacts and give special attention to its relationship to trends of similar actions which would significantly affect ecological interrelationships or pose long-term risk to health or safety. “Short-term” and “long-term” do not refer to any fixed time period, but should be viewed in terms of the various significant ecological and geophysical consequences of the proposed action.

Any irreversible and irretrievable commitments of resources which would be involved in the proposed action should it be implemented. Describe, and quantify where possible, any irrevocable uses of resources, including such things as resource extraction, erosion, destruction of archaeological or historical sites, elimination of endangered species' habitat, and significant changes in land use.

Alternatives to the proposed action. Identify alternatives to the proposed action, and describe the environmental impacts, both beneficial and adverse, of the various alternatives considered.

Description of the proposal.

Description of the environment.

Environmental impact of the proposed action.

Mitigating measures included in the proposed action. Describe actions or measures which will be taken to avoid or alleviate adverse environmental effects. Include reference to erosion control methods and adherence to air, noise or water pollution control techniques and standards.

Unavoidable adverse effects. If adverse effects have been identified under other sections of the environmental impact study and cannot be mitigated, they should be again identified here. Describe who or what will be affected, and to what degree. Quantify wherever possible.

Relationship between the local short-term use of man's environment and the maintenance and enhancement of long-term productivity.

Any irreversible and irretrievable commitments of resources. Describe any irrevocable commitments of resources resulting from implementation of the proposal. An evaluation must be made of the extent to which the proposed action curtails or restricts the range of possible resources uses. Such commitments may occur because of resources extraction, erosion, destruction of archaeological, geological or historic features, destruction of fragile habitat or endangered species habitat, unalterable changes in land use, and resources used in project development.

Alternatives to the proposed action.

Two-family dwellings. The minimum lot area per dwelling unit shall be as specified in Article III hereof for the zoning district where situated. Minimum frontage, depth, yards, and maximum coverage shall be as specified for the zoning district where situated.

Multifamily dwellings and garden apartments.

A site development plan shall accompany each application and shall show building placement, parking, vehicular safety control features, including entrances, exits, driveways, roads and walks, specific landscaping components, plan for water supply, sewage disposal, and supply of electricity, and the size and location of signage.

Lot size shall be not less than two acres.

Lot width shall be not less than 250 feet.

Surface drainage shall be such that will not subject adjoining properties or streets to damage. A stormwater management plan and a soil erosion and sedimentation control plan shall be designed to control runoff for a ten-year storm, and shall be in accordance with Act 167 of 1978. Such plans shall be accompanied by evidence of approval by appropriate agencies and authorities.

An architectural rendering showing the appearance of the facade(s) of the structure(s) visible from the highway which it faces must be submitted along with the site development plan.

Cabins or parts thereof shall be placed no closer to any lot line than 30 feet.

At least one parking space shall be provided on the premises for each accommodation. Off-street parking and loading spaces for other facilities developed on the motel premises shall be provided as required by Tables I and II, respectively.

Every cabin or unit shall be provided with running water and toilet facilities for each accommodation.

Each of the manufactured (mobile) home units shall be for the exclusive use of one family or individual.

Each manufactured (mobile) unit must be designed for long-term occupancy and shall contain sleeping accommodations, a flush toilet, a tub or shower bath, kitchen facilities and with plumbing and electrical connections provided for attachment to outside systems. Toilets shall be located in separate compartments equipped with self-closing doors.

Each manufactured (mobile) home site or space within the park shall have a minimum area of 5,000 square feet, provided further that the minimum width of each site shall be not less than 50 feet.

No manufactured (mobile) home shall be located closer than 30 feet to any of the manufactured (mobile) home park's boundary lines.

No manufactured (mobile) home shall be located within 10 feet of its respective site lines; provided further that there shall be no less than a twenty-five-foot clearance between manufactured (mobile) homes and any nonaccessory building within the park.

Roadway or area lighting shall be reflected away from adjoining properties.

The sale of manufactured (mobile) homes from a manufactured (mobile) home park is prohibited. This restriction, however, is not to be construed as to prevent the sale of a manufactured (mobile) home within a manufactured (mobile) home park, but is, rather, included to prevent the establishment of a commercial enterprise.

Only one accessory building (attached or detached) and/or an attached enclosure shall be permitted on each parcel and such accessory building and/or enclosure shall not contain a greater area than the area of the manufactured (mobile) home located on the same parcel.

The longitudinal gradient and cross slope of any manufactured (mobile) home lot shall not exceed 5%, except for terracing at the periphery, and the minimum slope in any direction shall be 1%.

The area of the manufactured (mobile) home lot shall be improved to provide an adequate foundation for the placement of the manufactured (mobile) home, thereby securing the superstructure against uplift, sliding, or rotation; in addition:

Each manufactured (mobile) home park shall be furnished with lighting so as to adequately illuminate driveways and walkways for the safe movement of vehicles and pedestrians at night.

Other facilities.

Not less than 10% of the gross area of the park shall be improved for the recreational use of the residents of the park.

Responsibilities of the court management.

All regulations governing land uses within the zoning district in which a manufactured (mobile) home park shall be permitted shall apply to manufactured (mobile) home parks. Each manufactured (mobile) home park shall be considered as a residential subdivision and as such must also conform to the regulations of the municipal Subdivision and Land Development Ordinance.[1] These include, but are not limited to, streets, curbs, sidewalks buffer yards and screening, off-street parking, drainage, easements, utility line locations, erosion and sedimentation control, site planning and design standards.

The minimum lot area per dwelling shall be as required for the zoning district where the zone lot to be converted shall be located.

Where such conversion is undertaken there shall be provided on the same zone lot not less than two additional off-street parking spaces in accordance with the provisions of § 300-28 hereof.

Such structure shall contain not less than 1,700 square feet of living space and no dwelling unit therein shall contain less than 850 square feet of living space.

Unless otherwise required by the Borough's Building Code,[2] there shall be no structural alteration to the exterior so it would appear as other than a single-family structure.

Occupancy permits for existing units. Within 90 days of the adoption of this chapter, a complete list of all seasonal dwelling units in the municipality shall be compiled by the Zoning Officer. The Zoning Officer shall forthwith issue a certificate of occupancy for each seasonal dwelling unit stating that the building for which the certificate of occupancy issued shall be used only on a seasonal basis. No dwelling unit for which a seasonal occupancy permit has been issued shall be used for year-round occupancy except as otherwise provided herein.

Occupancy permits for conversions to year-round occupancy. The conversion to year-round occupancy of any seasonal dwelling for which a permit shall have been issued for the seasonal occupancy shall be subject to the following requirements:

Professional offices in accordance with provisions of § 300-28 for off-street parking.

Rooming and/or boarding of not more than two unrelated persons. Adequate off-street parking shall be provided pursuant to § 300-28A hereof.

Adult day care for not more than two persons to be in the care of the operator of the day-care facility.

Custom dressmaking, tailoring, millinery, and quilting.

Foster family care (for not more than two children simultaneously).

Commercial photography and other similar uses, excluding studios for individual and group portraits.

Barbershop and beauty parlor with not more than one nonresident employee. Adequate off-street parking shall be provided pursuant to § 300-28A hereof.

Tutoring for not more than four students simultaneously, provided that the sound produced is not audible at any property line. It is clearly incidental and secondary to the use of the dwelling unit for residential purposes.

Licensed family day-care homes for not more than six nonresident children. No nonresident employees shall be permitted.

Licensed or certified (national certification) massage therapy services.

Typing, computer operations, and other similar use of office equipment on behalf of the employer of the owner-occupant; and no nonresident employees shall be permitted.

Mail order business, provided, however, that there shall be no delivery of products to or from the premises, nor any storage of products on the premises.

In adopting these standards which apply to adult businesses, the Borough Council has made the following findings in regard to the secondary effects on the health, safety and welfare of the citizens of Moosic Borough. The findings are based on evidence concerning the adverse secondary effects of adult uses on the community presented in hearings and in reports made available to the Borough Council, and on findings incorporated in the cases of City of Renton v. Playtime Theaters, Inc., 475 U.S. 41 (1986), Young. v. American Mini Theaters, 426 U.S. 50 (1976), and Northend Cinema. Inc., v. Seattle, 585 P. 2d 1153 (Wash. 1978), and in re: appeal of Bucks, Bass and Balls Inc., d/b/a LaDolce Vita from the Deemed Denial by the Zoning Hearing Board of Springbrook Township in the Court of Common Pleas of Lackawanna County, Civil Action - Law No. 97-CV-5379 and 100 Lackawanna Jurist 223 (1999), and City of Erie, et al v. Pap's A.M. TDB A “Kandyland” (Slip Opinion - Supreme Court of the United States) No. 98-1161 decided March 29, 2000, and on studies in other communities including, but not limited to, Phoenix, Arizona; Minneapolis, Minnesota; Saint Paul, Minnesota; Manatee County, Florida; Houston, Texas; Indianapolis, Indiana; Amarillo, Texas; Los Angeles, California; Austin, Texas; Seattle, Washington; Oklahoma City, Oklahoma; Beaumont, Texas; and New York City, New York; and also on findings found in the Report of the Attorney General's Working Group on the Regulation of Sexually Oriented Businesses, June 6, 1989, State of Minnesota.

The June 6, 1989, Report of the Attorney General's Working Group on the Regulation of Sexually Oriented Businesses from the State of Minnesota, and the November 1994, City of New York Adult Entertainment Study, each summarize a number of studies from around the country as follows:

The Minnesota Working Group concluded that a comprehensive approach is required to reduce or eliminate the impacts of sexually oriented businesses. Zoning and licensing regulations are needed to protect residents from the intrusion of "combat zone" sexual crime and harassment into their neighborhoods.[1]

The New York City study concluded that numerous studies in other locations found that adult entertainment uses have negative secondary impacts such as increased crime rates, depreciation of property values, deterioration of community character and the quality of urban life.[2]

Municipalities typically allow adult uses in heavy commercial and industrial districts. The New York City study reported that:

Recent events and alleged criminal activity at an adult business in a nearby community document that secondary effects of adult businesses can affect rural areas as well as urban areas. (Hip Hop Club, Hamlin, Pa.)

The concern over sexually transmitted diseases is a legitimate health concern of Moosic Borough which demands reasonable regulation of adult businesses and adult uses in order to protect the health and well-being of the citizens.

Certain employees of sexually oriented business regulated by this chapter as adult theaters and cabarets engage in higher incidence of certain types of sexually oriented behavior at these businesses than employees of other establishments.

Sexual acts, including masturbation, and oral and anal sex, occur at sexually oriented businesses, including adult bookstores, adult novelty shops, adult video stores, adult motion-picture theaters, or adult arcades, and especially those which provide private or semiprivate booths or cubicles for viewing films, videos, or live sex shows. Offering and providing such space encourages such activities, which create unhealthy conditions. Numerous studies and reports have determined that semen is found in the areas of sexually oriented businesses where persons view "adult" oriented films.

Persons frequent certain adult theaters, adult arcades, and other sexually oriented businesses for the purpose of engaging in sex within the premises of such sexually oriented businesses. At least 50 communicable diseases may be spread by activities occurring in sexually oriented businesses, including, but not limited to, syphilis, gonorrhea, human immunodeficiency virus infection (AIDS), genital herpes, hepatitis B, non B amebiasis, salmonella infections and shigella infections, and the incidence of many of these diseases is on the increase.

Sanitary conditions in some sexually oriented businesses are unhealthy, in part, because the activities conducted there are unhealthy, and, in part, because of the unregulated nature of the activities and the failure of the owners and the operators of the facilities to self-regulate those activities and maintain those facilities.

Classifying adult businesses as special exception uses is a reasonable means of accountability to ensure that operators of adult businesses comply with reasonable regulations and conditions, and to ensure that operators do not knowingly allow their establishments to be used as places of illegal sexual activity or solicitation.

There is convincing documented evidence that adult businesses, because of their very nature, have a deleterious effect on both the existing businesses around them and the surrounding residential areas adjacent to them, causing increased crime, the downgrading of property values, and the decline of the overall character of the community. A number of municipal studies, including the 1986 Austin, Texas, study, have demonstrated this.

It is generally recognized that adult businesses, due to their nature, have serious objectionable operational characteristics, particularly when they are located in close proximity to each other, thereby contributing to neighborhood blight and downgrading the quality of life in the adjacent area. A number of municipal studies, including the 1986 Austin, Texas, study, have demonstrated this.

The Borough Council desires to minimize and control these adverse secondary effects and thereby protect the health, safety and welfare of the citizenry, protect the citizens from increased crime, preserve the quality of life, preserve property values and the character of the surrounding community.

Based on the zoning principal established by the courts that all legitimate uses must be permitted somewhere in the community, adult uses should be permitted. Nevertheless, such uses must be regulated in terms of time, place and manner. In other words, the location and outward operation should be regulated, while remaining "content neutral" in terms of free speech protected by the First Amendment.

Specific standards for setbacks, visibility and signs must be included to protect adjoining residential, educational and other uses from the negative secondary impacts of any adult use.

Regulate adult business in order to promote the public health, safety and welfare by minimizing the secondary effects on the community which are associated with such businesses, and which include difficulties for law enforcement, trash disposal, deleterious effects on business and residential property values, increased crime (particularly the corruption of morals of minors and prostitution).

Prevent the concentration of regulated uses in order to minimize the secondary effects of such uses.

Designate a zoning district where adult businesses are permitted, and establish reasonable, content-neutral standards applicable to such uses.

Have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials including sexually oriented or adult materials.

Not totally restrict or deny access by adults to sexually oriented materials or adult materials protected by the First Amendment of the Bill of Rights of the U.S. Constitution.

Not deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market.

Not condone or legitimize the distribution of obscene material, or to encourage any violation of the Pennsylvania Crimes Code[6] or Pennsylvania Obscenity Code.

No regulated use shall be permitted within 3,000 feet of any other existing regulated use; and/or

No regulated use shall be permitted within 500 feet of any establishment that sells alcoholic beverages; and/or

No regulated use shall be permitted within 500 feet of any residentially zoned district, or any of the following residentially related uses:

For the purposes of this section, spacing distances shall be measured as follows:

Enlargement. Any enlargement or expansion of an existing, legally created adult business shall be considered a special exception use subject to the provisions of this Subsection A and all other applicable standards of this chapter.

Limit of one use. It shall be a violation of this chapter for any person to cause or permit the operation, establishment, or maintenance of more than one adult business in the same building, structure or portion thereof, or an increase of floor area of any adult business in any building, structure, or portion thereof that contains another adult business.

Nonconformity. Any adult business lawfully operating on the date of enactment of this chapter that is in violation of any of the provisions of this Subsection A shall be deemed a nonconforming use. Such nonconforming uses shall be increased, enlarged, altered or extended, only in accord with Article VII, Nonconforming Uses and Buildings, and all other applicable standards of this chapter. The use may be changed to a conforming use. However, under no circumstances shall a nonconforming use as regulated by Article VII hereof be changed to any type of adult business without applying for such change of use as a special exception.

Change of use. Whenever an existing regulated use is proposed to be changed to another permitted regulated use, the applicant shall request consideration as another regulated use in accordance with the procedures set forth herein for such special exceptions.

Location of new neighboring uses. An adult business lawfully operating as a conforming use shall not be rendered a nonconforming use if, subsequent to the grant of a special exception permit, a use from which an adult business is required to provide a setback under this Subsection A is developed within the required setback distance. Any additions or expansions of the adult business use shall comply with all setbacks required by this Subsection A.

Alcohol. No adult business shall be operated in combination with the sale and/or consumption of alcoholic beverages on the premises.

No regulated use shall permit the admission of minors to their regulated business establishment, and the sale of regulated services or materials to minors is also prohibited.

No regulated use shall operate between the hours of 2:00 a.m. and 8:00 a.m. from Monday to Friday, nor between the hours of 3:00 a.m. and 8:00 a.m. on Saturdays, nor between the hours of 3:00 a.m. and 12:00 noon on Sundays.

Exemption for modeling class. It is a defense to prosecution under this Subsection A that a person appearing in a state of nudity did so in a modeling class operated:

Signs.

Other visible message. Messages which are visible or intended to be visible from outside the property (such as on or within doors or windows) shall not display material, items, publications, pictures, films, or printed material available on the premises; or pictures, films, or live presentation of persons performing, or services offered on the premises.

All types of earth-moving/earth-extraction industrial activities shall be considered a temporary use of land and may be permitted only as a special exception in accordance with Table No. 1.[8] Application for said use shall not include any such earth extraction activities which will be completed within 60 days of the passage of this chapter. Such use shall only be authorized as a temporary use for a period of not more than 10 years or such lesser period as may be established on a case-by-case basis by the Borough Council. Such temporary use may be extended for periods of time equal to or less than the original temporary use permit; provided, however, that each such request for an extension shall be in accordance with the procedures for any new application for a special exception. Any such request for an extension of authorization shall be initiated not less than 120 days prior to the scheduled termination of the temporary use.

All applications for earth extraction permits shall be filed with the Zoning Officer and shall include the following:

All excavations must be enclosed by a fence not less than six feet in height located at least 10 feet from the sides or perimeter of the excavation. All such excavation must be adequately drained to prevent the formation of pools of water. The side walls of all such excavations shall slope at an angle no steeper than one foot of vertical distance for each two feet of horizontal distance.

A rock crusher or processing plant shall not be located nearer than 500 feet to any adjoining residence.

Topsoil or sod may be removed only under the following conditions:

In no event shall any excavated materials be permitted to form waste piles or mounds, it being the intent of this provision that any excavated material be used as fill or refill or otherwise distributed so as to avoid any unsightly or unnecessary accumulation.

Such use shall be permitted only as a temporary use.

All such uses shall comply with the applicable provisions of Subsection H; provided, however, that the term "strip mining" shall include the term "culm bank removal"; and such use shall be governed by the regulations applicable to special exceptions instead of conditional uses. In addition, such use shall be governed by the performance standards set forth in Article VI hereof.

Temporary use permit. A temporary use permit shall be issued by the Zoning Officer only upon authorization by the Zoning Hearing Board. Such temporary permit shall authorize such use for a period of not more than one year; provided, however, that a separate application shall be submitted for each additional year subsequent to the first temporary permit; and provided further that there shall be an aggregate of not more than five temporary one-year permits issued for any such reclamation site. In each instance the Zoning Hearing Board shall hold a public hearing on the request and shall consider the impact of the preceding temporary permit on the environs of the subject property.

Revocation of permit. If it is determined by the Zoning Hearing Board that the operation of such use is in violation of the terms and conditions set forth in this chapter and any other terms and conditions set forth in the temporary use permit, such violations shall be abated within 72 hours of such determination. Failure to abate such violation shall result in the revocation of the permit therefor.

Solid waste material permitted at facilities. No facility in Moosic Borough shall accept any solid waste other than “municipal solid waste” as defined herein in § 300-58 or “residual waste” as defined by DEP.

Source of solid waste. No facility in Moosic Borough shall accept solid waste generated elsewhere than in Lackawanna County; provided, however, that on a case-by-case basis, the operator of a solid waste disposal facility may dispose of solid wastes generated outside of Lackawanna County if approved as a special exception by the Zoning Hearing Board. In approving such a special exception, the Zoning Hearing Board shall determine that the disposal of such solid wastes in a solid waste disposal facility operated in Moosic Borough shall not be or potentially be hazardous to the health and safety of any resident of Moosic Borough or its environs.

All proposed solid waste disposal facilities shall prepare and submit to the Borough an environmental assessment pursuant to § 300-24D hereof and shall fully comply with the regulations of the Pennsylvania Department of Environmental Protection.

Such environmental assessments shall also include a traffic study and plan which shall comply with the following requirements:

All solid waste facilities, including transfer stations and staging areas, which store the solid waste at any stage prior to disposal at an approved facility shall maintain the aforesaid solid waste within a completely enclosed building. Storage of materials, supplies or solid waste in motor vehicles, truck trailers or other containers normally used to transport materials shall not be permitted unless the aforesaid motor vehicles, truck trailers or other containers shall be stored within a building in accordance with Subsection I(5)(b) hereof.

All municipal solid waste which is brought to the site shall be removed from the site by the end of the business on the date that it is brought to that site, notwithstanding any DEP regulations which would allow said municipal waste to remain thereon for a longer period of time; provided, however, that not more than one loaded or partially loaded vehicle may be stored overnight in an enclosed building for a period of not more than 18 hours.

Facility operators shall be responsible for the cleanup of the facility's road entrance and surrounding area, throughout the work period, with a final cleanup at the conclusion of the work period.

All solid waste disposal facilities shall be completely enclosed by a litter fence. The fence shall be fully enclosed with slats to a height of not less than 10 feet for the purposes of retaining all litter waste within the confines of the site. The erection of said fence shall be completed within six months after the issuance of a license for a facility. A locked gate system shall be installed on the property so as to prevent any and all illegal dumping which may take place on this site and its surroundings. The fence and gate shall be maintained in such a manner as not to become unsightly. There shall be no advertising of any kind placed on the fence. Such fence shall not be located closer than 200 feet to any property line. In cases where natural vegetation is not adequate to screen the facility from view from adjoining properties or roads, a dense evergreen planting to effect such screening shall be provided and maintained by the applicant in accordance with a planting plan submitted by the applicant and approved by the Borough.

An evergreen buffered area shall be provided outside of the litter fence, but on the same property. Such natural vegetation shall be designed to act as a visual screen against the site from all adjoining landowners.

Security guards shall be placed at the site for the purposes of control against illegal dumping.

Treatment and disposal of effluent. The facility shall provide for treatment and disposal of all liquid effluent and discharges generated by the facility due to the storage, washing or other process used in processing the solid waste. The facility must provide for treatment of all leachate and all other liquid effluent and discharge, unless a sewage treatment facility exists on a site which is approved by the Pennsylvania Department of Environmental Protection, and all leachate and/or liquid discharge will be transported from the site at regular intervals so as not to cause a hazardous situation at the site, and such leachate shall be removed from the site pursuant to any and all applicable ordinances of Moosic Borough, regulations of the Pennsylvania Department of Environmental Protection and any and all other applicable statutes or ordinances.

Monitoring water quality. The owner of any solid waste disposal facility shall be required to monitor the ground and surface water in the vicinity of the facility. Water testing shall be conducted in accordance with the Department of Environmental Protection testing requirements as set forth in the Pennsylvania Code for water quality monitoring and groundwater assessment. The results of these tests shall be provided to the Borough. In the event that the facility as defined in this section shall not comply with the regulations as set forth herein, water testing shall be conducted every three months on any stream located on the premises or any stream within 500 feet of any area used for the storage or disposal of solid waste if water drainage from the facility is to said stream. For each testing period two samples shall be collected; one sample shall be taken from the stream at a point above the facility drainage area and one sample shall be taken from the stream at a point below the facility drainage area. In addition, any well located on the premises shall also be sampled every three months. The samples shall be collected and analyzed by a certified water analysis laboratory for hydrocarbons or other parameters deemed appropriate by the governing body, and results shall be provided to the Borough. If said samples exceed the limits established by the Pennsylvania Department of Environmental Protection, the solid waste disposal facility shall cease operation until such time as the sources of the contamination have been identified and corrected.

Treatment of stormwater. All stormwater collected on site which is exposed to and/or contaminated by solid or residual waste shall be treated by the facility's wastewater treatment system. Stormwater which does not come in contact with the on-site solid or residual waste shall be handled by the facility stormwater management plan which must specifically provide that said water is segregated from exposure to the solid or residual waste located at the facility. Parking of trucks loaded with solid waste which have not been properly cleaned and washed shall only be permitted in buildings, handling areas or parking areas in which containment of spillage, leakage or other contaminants is provided.

Alternative requirements. If the facility is maintained in accordance with the requirements of the Pennsylvania Department of Environmental Protection, then in lieu of the requirements of Subsection I(9)(a), (b), and (c), the operator of the facility shall submit to the Borough Zoning Officer duplicate copies of all applicable permits, reports required by the permits, and any action taken by the permittee related to the permit.

In buildings containing multiple dwelling units, walls containing main window exposures or main entrances shall be so oriented as to insure adequate light and air exposures.

Such buildings shall be so arranged as to avoid undue exposure to concentrated loading or parking facilities and shall be so oriented as to preserve visual and audible privacy between adjacent buildings.

Large-scale developments with interior circulation. When a development is designed to be served by an interior pedestrian or vehicular circulation system, buildings may face the interior roadways; provided, however, where such an orientation results in the rear or the side(s) of such buildings being within 100 feet of a public right-of-way, then such rear and/or side walls shall be screened from the public right-of-way in accordance with § 300-19B(3)(b).

Safe and convenient arrangement of walks, roadways, driveways, and off-street parking and loading space.

Separation of general vehicle traffic from pedestrian walks and public transportation loading places.

A building group may not be so arranged that any temporary or permanently inhabited building is inaccessible by emergency vehicles.

Minimum lot area per dwelling unit.

Minimum lot size. There shall be no minimum lot size requirements for any housing types other than the average minimum lot area required for such dwellings as described in Subsection B(4)(a) hereof.

Minimum lot frontage. The minimum lot frontage requirement shall be as follows:

Minimum lot depth. No lot for any residential structure or group of residential structures shall have a lot depth of less than 150 feet.

Minimum front yards. The minimum front yard for all residential structures shall be 40 feet, except that garden apartments and other multifamily structures not including townhouses shall have a minimum front yard of not less than 50 feet; provided, however, that these minimum front yard requirements may be reduced by not more than 20% if the developer shall provide adequate justification acceptable to both the Planning Commission and the Zoning Hearing Board.

Minimum side yards and other distances between buildings. Minimum side yards for all single-family dwellings including "cluster" developments shall be as specified in Table No. 2, Table No. 3, and Table No. 4 hereof[2] for the district where located. Other side yard requirements for residential structures shall be as follows:

Maximum lot coverage. There shall be no maximum lot coverage limitation on a lot-by-lot basis; provided, however, that the overall coverage of land by buildings and other impervious surfaces within any development section shall not exceed 60% of the net land area (excluding land used for rights-of-way).

Exterior walls of opposite buildings shall be located no closer than a distance equal to the height of the taller building.

A building group may not be so arranged that any permanently or temporarily inhabited building is inaccessible by emergency vehicles.

Individual buildings on public rights-of-way. The front facade of a building shall face the road/right-of-way which it abuts; provided, however, that if it is located on a corner parcel, it shall face the widest road; provided, however, that if both roads are of equal or near equal width, it may face on either road, unless the existing pattern of development has predetermined the road that shall be faced.

All signs and lighting devices shall be of a type and design that will not conflict with traffic control signs and lights and shall be so oriented that they do not produce glare on the highway or adjacent residential development.

In any commercial development of five acres or more, identification signs may be erected in accordance with the provision of § 300-30F hereof, except as follows:

Each off-street parking space in a parking lot shall be not less than nine feet by 18 feet in size, and shall be of usable shape and condition. Except in the case of dwellings, no parking area shall contain less than three spaces.

There shall be adequate provisions for ingress and egress to all parking spaces. Access to off-street parking areas shall be limited to several well-defined locations and in no case shall there be permitted unrestricted access along the length of the street or alley upon which the parking area abuts.

No off-street parking shall be located in the front yard of any residential lot, except where it is also in a side yard.

In nonresidential zones, no point of ingress or egress shall be nearer, one to the other, than 300 feet, except where inadequate highway frontage precludes the feasibility of complying with this requirement.

The number of off-street parking spaces required shall be as set forth in Table 5 following in accordance with the definition of "floor area" as set forth in Article XI hereof, provided further that in any R District, on any lot having an area of one acre or less, private garage space may be provided for not more than five motor vehicles. Space for one additional motor vehicle may be provided for each 1/5 acre by which the area of the lot exceeds one acre; and in any R District, not more than one garage space provided on any lot shall be used for the housing of a commercial motor vehicle greater than 1/2 ton capacity.

In any case of a building, structure or premises, the use of which is not specifically mentioned herein, the provisions for a use which is so mentioned and to which said use is similar, in the opinion of the Zoning Hearing Board, shall apply.

The required parking may be reduced by the Zoning Hearing Board to the number of spaces necessary for the use upon submission of empirical data documenting the parking requirements for the use, such as the current Trip Generation Manual promulgated by the Institute of Traffic Engineers, data accepted by the Pennsylvania Department of Transportation or a study of the parking demands for the proposed use, which data must be reviewed and approved by the Borough Engineer.

A site development plan shall accompany all applications and shall show building and fuel pump placement and dimensions, parking, landscaping, internal circulation, and the size and location of signage.

All vehicular servicing activities except for those normally performed at fuel pumps shall be performed within completely enclosed buildings.

Location of gasoline pumps. Gasoline pumps and all other service equipment shall be set back not less than 25 feet from any lot line and shall be so located that vehicles stopped for service will not extend over the property line.

Fuel pumps shall not interfere with parking spaces or internal circulation and shall be located at least 30 feet from all parking areas.

A minimum width of 250 feet at the building setback line is required.

Shall not be located within 100 feet of any boundary line of any R District; provided, however, that where the rear lot line of the property shall be less than 100 feet distant from an R District there shall be established along such rear lot line a buffer zone which shall be landscaped in accordance with the provisions of § 300-19B(3) hereof; and no part of any parking space shall be less than 25 feet from any residential property line.

Shall not be located within 200 feet of property dedicated to or intended for schools, playgrounds, churches, hospitals, public libraries and institutions for dependents or for children, when located along the same street or road and in the same block as said properties.

Vehicular access to the above automotive uses shall be well-defined driveways and shall not be closer to the intersection of any two street right-of-way lines than 50 feet.

Tractors.

Tractor-trailers.

Pickup trucks with a capacity of more than one ton.

Commercial machinery and equipment.

Buses.

The off-street parking of the following commercial and recreational vehicles shall be permitted in all residential zones:

The vehicles described above shall be allowed only in accordance with the following requirements:

Trucks and tractor-trailers that are prohibited from being stored in all residential zones may be stored in M Zones, and as accessory storage on the site of the principal use to which they are appurtenant.

The materials that are permitted to be stored shall be subject to the same limitations as specified for self-storage buildings in § 300-30B(3).

Access shall be by not more than two driveways for each 100 feet frontage on any street.

No such driveways shall be closer to each other than 12 feet, and no driveway shall be closer to a side property line than three feet, and no flare shall cross an extended side property line.

Each driveway shall be not more than 35 feet in width measured at right angles to the center line of the driveway, except as increased by permissible curb return radii. The entire flare of any return radius shall fall within the right-of-way.

On corner lots, driveways shall be no closer than 30 feet to the point of intersection of two property lines at any corner as measured along the property line, and shall not extend across such extended property line.

For nondwelling uses, where there is an existing curb and gutter or sidewalks on the street there shall be provided a safety island along the entire frontage of the property, except for the permitted driveways. On the two ends and street or private road side of each such island shall be constructed a concrete curb, the height, locations, and structural specifications of which shall be approved by the municipal engineer. Maximum and minimum curb return radii permitted and minimum driveway approach angles to the center line of the street or private road are required as shown on Plate 1, attached to this chapter and made by this chapter as if fully described and detailed herein.[1]

For nondwelling uses, where there is not an existing curb and gutter or sidewalk, a curb, fence, or pipe rail not exceeding two feet or less than eight inches in height as shown on Plate 1, attached to this chapter, shall be constructed along the entire length of the property line, except in front of the permitted driveways.

No access to public highways shall be permitted within 300 feet of the intersection of said public street with interchange ramps.

Inflammables and explosives. No highly inflammable or explosive liquids, solids or gases shall be stored in bulk above ground, except as permitted by state and federal regulations. Tanks or drums of fuel directly connecting with heating devices or appliances located on the same premises as the tanks or drums of fuel are excluded from this provision.

Fencing and setbacks. All outdoor storage facilities shall be enclosed by a fence or wall adequate to conceal such facilities and the contents thereof from adjacent property. Such walls and fences shall be distant not less than 20 feet from any property line and shall be distant not less than 25 feet from any public street.

Deposit of wastes. No materials or wastes shall be deposited on any premises in such form or manner that they may be transferred off such premises by natural causes or forces.

Other hazardous materials. All materials or wastes which might cause fumes or dust or which constitute a fire hazard or which may be edible by or otherwise be attractive to rodents or insects shall be stored outdoors only in closed containers.

Tires. No tires, used or new, shall be stored outdoors.

Occupancy permit. An occupancy permit shall be required for each self-storage unit.

It shall be the responsibility of the owner to ascertain the tenant's occupancy permit.

In order to secure an occupancy permit, the tenant shall provide a list of the contents to be stored. The storage of the following hazardous materials is prohibited:

All applications for the location of telecommunications towers and telecommunications facility buildings are subject to site plan review by the Planning Commission and approval by the Borough Council.

The telecommunications tower shall be designed and constructed to all applicable standards of the American National Standards Institute, ANSI/EIA-222-E manual, as amended; provided, however, that such towers shall be monopole design, without lattice work.

A soil report complying with the standards of Appendix I, Geotechnical Investigations, ANSI/EIA-222-E manual, as amended, shall be submitted to the Borough to document and verify design specifications of the foundation for the telecommunications tower, and anchors for the guy wires if used.

Telecommunications towers shall be designed to withstand wind gusts of at least 100 miles per hour.

A telecommunications tower may not be located on a lot that is listed on a historic register or in an officially designated state or federal historic district.

The applicant for the placement of a telecommunications tower shall be required to submit to the Borough evidence of the need for the telecommunications tower and that the applicant has exhausted all alternatives to constructing a telecommunications tower. Applicants are required to prove need by:

No telecommunications tower shall be closer than 500 feet to another telecommunications tower, such distance being measured as a horizontal from tower to tower.

Telecommunications towers shall be subject to a minimum setback from all overhead electric transmissions lines of a distance equaling the height of the tower.

The applicant shall present documentation that the telecommunications tower is designed in accordance with all applicable state and federal regulations. Except as required by the Federal Aviation Administration, or other federal or state agencies, no telecommunications tower may use artificial lighting or strobe lighting at night.

An applicant for a zoning permit for a telecommunications tower shall:

Except when located on the roof of a building, a security fence, of approved design, of not less than eight feet, and no greater than 10 feet, shall completely enclose the telecommunications tower. A fence of not less than eight feet and no greater than 10 feet shall also completely enclose the anchored locations of guy wires, if used. This fencing shall be designed to be compatible with surrounding land uses.

Except when located on the roof of a building, the applicant shall submit a landscaping plan. Sites in which telecommunications towers are located shall be required to comply with the following landscaping requirements:

A minimum of two parking spaces shall be required. Spaces shall meet the applicable requirements of § 300-28 hereof.

Telecommunications towers shall be fully automated and unattended on a daily basis. The site shall be visited only for periodic maintenance.

The telecommunications facility buildings shall be identified as accessory buildings, and the applicable regulations for the host zoning district shall apply.

Guy wires, if utilized, must be anchored no closer than 25 feet from any property line. Guy wires shall not cross or encroach any overhead telephone or electric power lines.

Tower height shall be measured from the top of the foundation to the top point of the tower or the top point of the telecommunications antenna, whichever is higher.

Internal access to the telecommunications tower shall be provided by a minimum twelve-foot-width cartway with a durable and dustless surface, such as concrete or a bituminous concrete surface for a minimum of 50 feet from any public or private street. The length of the cartway beyond this 50 feet shall, at a minimum, be surfaced with a durable and dustless gravel surface. The vehicular access to the telecommunications tower and telecommunications facility building shall, whenever feasible, be provided along existing circulation driveways.

Setbacks. Telecommunications towers shall be required to be set back from adjacent property lines a minimum of 1.5 times the height of the telecommunications tower. Such distance shall be measured in a straight line from the telecommunications tower to the property line. This setback shall be increased if a zoning district with a higher setback requirement abuts the property in which the telecommunications tower is located. In that situation, the largest setback requirement shall apply.

A telecommunications tower shall be no higher than 175 feet, and shall be a monopole structure.

There shall be no more than one telecommunications tower on one lot.

No more than one telecommunications antenna may be attached to any nonresidential building as a permitted use. A permit for one telecommunications antenna on one building may be issued by the Zoning Officer after a review of the requirements stated in this section.

The location of two or more telecommunications antennas on any nonresidential building shall be considered as a special exception. There shall be a minimum distance equal to the height of the telecommunications antenna located on a nonresidential building and the location of any additional telecommunications antennas.

The location of one or more telecommunications antennas on any nonoccupied structure, such as a telecommunications tower, a water tank, or an observation tower shall be considered as a principal permitted use. Permit(s) for telecommunications antenna on nonoccupied structures may be issued by the Zoning Officer after a review of the requirements stated in this section. Subdivision and land development review is not required by the Planning Commission or the Borough Council for the location of telecommunications antenna on a nonoccupied structure.

Height limits for telecommunications antennas: not to exceed 20 feet above the structure or building on which it is located.

The top point height of any telecommunications antennas located on a telecommunications tower shall not exceed the height requirements for telecommunications towers stated in this chapter.

Setback. Telecommunications antennas located on buildings and structures shall be required to be set back from all property lines a minimum of the front yard setback requirement of the host district plus the height of the telecommunications antenna.

No subdivision of land shall be required for the placement of a telecommunications tower on any lot where the use of that telecommunications tower relates to the operations of a principal use on that lot.

Telecommunications antennas located on any building or structure where the use of that telecommunications antenna relates to the operations of a principal use on that building or structure shall be considered as principal permitted uses in all zoning districts where they are authorized, and shall not require site plan and land development approval from the governing body.

Purpose. The following regulations governing antennas are designed to protect the aesthetic environment of the vicinity where they are to be located as well as to protect the public health, safety and welfare. The provisions of this Subsection E(5) shall not apply to TV satellite dish antennas and other antennas having a diameter of 36 inches or less.

Permit requirements. A special satellite reception permit shall be required only for specific situations described below in Subsections E(5)(c) and (d).

Allowed locations. In C Districts and M Districts they shall be allowed only in rear yards; provided, however, that they may be located in front yards or side yards if they are effectively screened from public view and from the view of adjacent properties. In R Districts they shall be limited to the rear yard. If the applicant adequately documents that reception is infeasible in the rear yard they may be located in any side yard. If, however, reception is infeasible in either of these areas, they may be located in the front yard or on the roof of the building to which they are appurtenant. If they are to be located in the front yard or on the roof of the building, a special satellite reception permit shall be required as specified in Subsection E(5)(b) hereof.

Size and height. In C Districts and M Districts, there shall be no restrictions regarding their size or height. In all R Districts, however, except as otherwise provided herein, they shall not exceed a diameter of 12 feet or a height of 15 feet. However, where such height and/or size restrictions preclude the feasibility of reception, these dimensions may be exceeded, but a special satellite reception permit shall be required.

Additional requirements.

Nameplates and identification signs.

Sale or rental signs. Signs advertising the sale or rental of the premises upon which they are erected by the owner or broker or any other person interested in the sale or rental of such premises, and signs bearing the word "sold" or "rented" with the name of persons effecting the sale or rental may be erected or maintained, provided:

Institutional signs. Signs of schools, colleges, churches, hospitals, sanatoria, or other institutions of a similar public or semipublic nature may be erected and maintained, provided:

Signs accessory to parking areas. Signs designating entrances or exits to or from a parking area and limited to one sign for each such exit or entrance and to a maximum size of two square feet each shall be permitted for each direction of traffic flow. One sign per parking area designating the conditions of use and identity of such parking area and limited to a maximum size of nine square feet shall be permitted, provided that on a corner lot two such signs shall be permitted, one facing each street.

Development signs. Signs advertising the sale or development of the premises upon which they are erected, when erected in connection with the development of the premises by a builder, contractor, developer, or other persons interested in such sale or development, may be erected and maintained, provided:

Directional signs. Signs indicating the location and direction of premises available for or in process of development, but not erected upon such premises, and having inscribed thereon the name of the owner, developer, builder, or agent, may be erected and maintained, provided:

Artisans' signs. Signs of mechanics, painters, and other artisans may be erected and maintained during the period such persons are performing work on the premises on which such signs are erected, provided:

Private driveways. Signs indicating the private nature of a driveway, or trespassing sign, provided that the size of any such sign shall not exceed two square feet.

Height and projection of signs. No sign in an R District shall project into the public way or project higher than one story or 20 feet, whichever is lower.

Size of signs.

Location of signs. In any C-1 District, all signs shall be securely attached to a building. Freestanding signs shall be permitted in C-2 and M Districts only, provided that no such sign shall be nearer to any property line than the height of such sign, but in no case less than 20 feet.

Illumination of signs. Flashing signs are prohibited. Revolving illuminated signs shall be considered as a special exception permitted in M Districts, provided that such signs shall not create any traffic hazard, or abut or face any residential property or any residential zone lot. Stationary illuminated signs are permitted in C or M Districts only.

Portable signs. Portable signs other than temporary artisans' signs, including signs on a mobile stand, are prohibited; provided, however, that portable signs shall be permitted only on a temporary basis, for a period of not more than two months; provided, however, that no such sign shall exceed an area of 35 square feet.

Permitted residential signs. Any sign permitted in a residential district shall also be permitted in commercial and manufacturing districts.

Attached signs. Each business may have one identification sign on the premises of the business, provided that such sign is attached to the wall of the building to which the sign is accessory.

No outdoor advertisement shall be permitted within 200 feet of any residential district, nor facing any public or parochial school, library, church, hospital or similar institutional use, if closer than 200 feet.

No two outdoor advertisements shall be located closer to one another than 2,000 feet. Double outdoor advertising signs shall be treated as a single sign regarding this restriction governing the minimum distance between signs.

Outdoor advertisements shall conform with all yard spaces required for the district in which they are located; provided, however, that no outdoor advertising sign shall be nearer to any property line than the height of such sign, but in no case less than 25 feet.

The total surface area of any outdoor advertisements, exclusive of structural supports, and trim, shall not exceed, in square feet, four times the frontage of the lot or tract on which it or they stand, nor shall any individual outdoor advertisement exceed 672 square feet if the entire sign or structure will be within 250 feet of an interstate highway or an expressway; otherwise, the maximum area of such signs shall be 300 square feet.

Such signs shall not be illuminated in a manner which will create a traffic hazard nor shall it abut or face a residential property or a residential zone lot.

The maximum height of any outdoor, off-premises sign shall be 35 feet above the level of the roadway directly below where the sign is located.

All outdoor advertising signs shall be monopole construction.

Maintenance. Signs shall be constructed of durable materials, maintained in good condition and not allowed to become dilapidated.

Wall signs. Display signs placed against the exterior walls of buildings or structures shall not extend more than two feet out from the wall surface. Wall signs exceeding 40 square feet in area shall be of noncombustible material.

Projecting signs. Attached signs shall not project from any building more than three feet in the direction of a public street or public walkway area nor shall any such sign extend over a public street or walkway area. A clear space of not less than 10 feet shall be provided below all parts of projecting signs. Projecting signs exceeding 40 square feet in area shall be made of noncombustible material.

Height of signs. No sign except a freestanding sign shall be higher than the building on which such sign is located, nor shall any sign be located upon the roof of any building; provided, however, that a business sign may be affixed to a parapet. No freestanding sign shall extend more than 35 feet above the mean ground level where it is located.

Permits (building) for signs. Building permits shall be required for all signs except temporary political signs, signs provided for in Subsection G(1) and other accessory residential signs. For signs in the interest of the public information and convenience, the Zoning Officer, upon approval by the Zoning Hearing Board, may issue a temporary permit for a period to be designated by the said Board. Such temporary signs shall be removed by the property owner at the termination of any permit for the erection thereof.

Fees. Fees for all signs requiring permits shall be in accordance with § 300-52 hereof; provided, however, that no fee shall be charged for the erection of a sign necessary to the public welfare. Fees for all other signs shall be in accordance with § 300-52 hereof.

Such temporary use in any district shall be located on the property to which it is appurtenant and it shall be limited to a six-month period at the expiration of which time the applicant may request a further extension of time. Otherwise such temporary use shall be removed at the expense of the owner.

Such temporary tract office may also be conducted in a building in a housing development as a real estate office for said development.

Types of other temporary uses. Temporary uses, other than "sidewalk sales" and those specified in Subsection G(1) hereof, shall be permitted only as special exceptions and may include such uses as a circus, carnival, bazaar, concert, and other special exhibits, as well as the removal of culm banks and other waste deposits.

Time limitation on permits. Except for tract offices, tract signs, model homes, and the removal of culm banks and other waste deposits, no temporary permits shall be issued for a period of more than 30 consecutive days. For events of one- to two-day duration, the permit shall be limited accordingly. Such limitation shall not, however, preclude the applicant from securing temporary permit renewals not to exceed a period of 30 days covered by any such temporary permit. Application shall be filed with the Borough Council not less than one month prior to the regular meeting of the Borough Council at which approval shall be considered.

Condition of site of temporary event. Upon the termination of the temporary event, the applicant shall restore the site to its original condition with 24 hours of termination.

Other conditions.

Any use which involves a structure such as a temporary tent shall conform with all other Borough codes and ordinances, such as applicable BOCA codes.

Temporary uses which involve a structure on a fixed site shall provide evidence of a highway occupancy permit for any site located on a state highway.

Additional requirements. The Borough Council may establish additional requirements related to the terms and conditions, and the duration of each such temporary use on a case-by-case basis as needed to protect the public health, safety and welfare.

Promote the general health, welfare, and safety of the community;

Reduce financial burdens imposed on the community, its governmental units and its individuals by preventing excessive development in areas subject to periodic flooding;

Minimize danger to public health by protecting water supply and natural drainage; and

Promote responsible floodproofing measures within the Floodplain Conservation District.

In the Floodplain Conservation District, the development and/or use of any land shall be permitted provided that the development, substantial improvement and/or use adheres to all the requirements of the underlying zone. In addition, all development or substantial improvement in this district shall adhere to the floodproofing provisions stipulated in the BOCA Basic Building Code of 1970, as amended.

In the floodway, no modification, alteration, repair, or new construction of buildings, structures, fill or any combination of these shall be permitted which would impair its ability to carry and discharge floodwaters or increase the water surface elevation of the one-hundred-year flood more than one foot, except where the effect on flood heights is fully offset by stream improvements. The "floodway" shall be that area delineated in the one-hundred-year floodplain map prepared by the U.S. Army Corps of Engineers.

Dams, culverts and bridges approved by the Commonwealth of Pennsylvania, Department of Environmental Protection.

Impoundment basins.

Storm sewers. However, flap gates shall be provided on all stormwater outfalls where an area or portion thereof is susceptible to backflooding.

Other uses similar to the above, provided the effect is not to alter substantially the cross-sectional profile of the stream basin at the point of the proposed construction or use.

In case of any dispute concerning the boundaries of a Floodplain Conservation District, an initial determination shall be made by the Zoning Officer.

Any party aggrieved by a decision of the Zoning Officer as to the boundaries of the Floodplain Conservation District, which may include the grounds that the said data referred to therein is or has become incorrect because of changes due to natural or other causes, may appeal to the Zoning Hearing Board. The burden of proof in such appeal shall be on the appellant.

The Floodplain Conservation District shall be deemed an overlay on any zoning district now or hereafter applicable to any lot. Should the Floodplain Conservation District be declared inapplicable to any tract by reason of action by the Moosic Borough Council in amending this, and/or the Zoning Hearing Board, or any court of competent jurisdiction in determining the legal effect of the same, the zoning applicable to such lot shall be deemed to be the district in which it is located without consideration of this Subsection H.

Any conditional use granted by the Council of the Borough of Moosic shall be subject to the applicant receiving the required land development plan approval from the Moosic Borough Planning Commission.

The hearing notice shall indicate that the application may be examined and that further information is available at the Borough Secretary's office during regular business hours.

Name and address of the property owner and the applicant.

Address, lot and block and/or parcel number of the property.

Name and address of person preparing the plan.

Size of the property and the location of all lot lines.

Approximate location of nearest residential structure.

Approximate location of nearest occupied structure.

Location of all structures on the property which is the subject of the application.

Location, size and height of all proposed and existing antennas and all appurtenant structures on the property.

Type, size and location of all proposed landscaping and fences.

A report by a Pennsylvania registered and licensed professional engineer documenting compliance with applicable structural standards and describing the general structural capacity of any proposed installation.

The number and type of wind turbines and other structures proposed.

A description of the proposed wind turbines and all related fixtures, structures, appurtenances and apparatus, including height above grade, materials, color and lighting.

A description of the noise generated by the wind turbines.

The make, model and manufacturer of any proposed wind turbines.

A visual analysis of the wind energy facility as seen from public viewing points in the Borough.

Wind speed maps.

Maps of migratory bird routes.

Information on the bat population in the area.

Generator capacity of the turbines.

Minimum height. The applicant shall demonstrate that the wind turbines are constructed to a height no greater than the minimum required to function to industry standards. A wind energy facility shall comply with any applicable airport hazard zoning ordinance.

Blade height. The minimum height between any wind turbine blade and the ground shall not be less than 30 feet.

Visual impact. The applicant shall provide to the Borough graphic information that accurately portrays the visual impact of the proposed wind energy facility and individual wind turbines from various vantage points selected by the Borough, such as, but not limited to, key roads and recreation areas. This graphic information may be provided in the form of photographs or computer-generated images with the wind turbines superimposed, as may be required by the Borough. The Borough may require the applicant to conduct a balloon test to confirm the visual impact. The Borough may require specific colors, consistent with applicable federal regulations, to ensure that the wind energy facility is compatible with the surrounding landscape.

Controls and braking. A wind energy facilities shall be equipped with a redundant braking system. This includes both aerodynamic overspeed controls (including variable pitch, tip, and similar systems) and mechanical brakes. Mechanical brakes shall be operated in a fail-safe mode. Stall regulations shall not be considered a sufficient braking system for overspeed protection.

Climb protection/locks.

Noise and shadow flicker.

Signal interference. The applicant shall make reasonable efforts to avoid any disruption or loss of radio, telephone, television, or similar signals and shall mitigate any harm caused by the wind energy facility.

Structure safety. The applicant shall demonstrate that the proposed wind turbines are safe and the surrounding areas will not be negatively affected by structure failure, falling ice or other debris, electromagnetic fields, or radio frequency interference. All wind turbines shall be fitted with anticlimbing devices, as approved by manufacturers. The applicant shall submit certification from a Pennsylvania registered professional engineer that all wind turbines will be designed and constructed in accord with accepted engineering practices and all requirements of any applicable construction code. Within 45 days of initial operation, the owner and/or operator of the wind energy facility shall provide a certification from a Pennsylvania registered professional engineer that the wind energy facility and all structures comply with all applicable regulations.

Wind turbines shall be set back from the nearest occupied building a distance not less than the normal setback requirement of the zone where it is located or 1.1 times the turbine height, whichever is greater. The setback distance shall be measured from the center of the wind turbine base to the nearest point on the foundation of the occupied building.

Wind turbines shall be set back from any building, existing prior to the erection of the wind turbine, located on a nonparticipating landowner's property a distance of not less than five times the hub height, as measured from the center of the wind turbine base to the nearest point on the foundation of the occupied building.

The minimum lot area, minimum setbacks and maximum height required by this section for the wind energy facility and support structure shall apply, and the land remaining for accommodation of the existing principal use(s) on the lot shall also continue to comply with the minimum lot area, density and other requirements.

The vehicular access to the wind energy facility shall, whenever feasible, be provided along the circulation driveways of the existing use.

The applicant shall present documentation that the owner of the property has granted an easement filed of record or other legal interest for the land for the proposed facility and that vehicular access is provided to the facility.