The purpose of conditional use regulations is to permit certain types of development in certain zones or districts when the conditions described for each type of development have been fulfilled, as determined by Council upon recommendation by the Planning Commission.

(Ord. 87-8, 12/10/1987)

   1.   Decisions: Decisions of Council shall be made pursuant to the standards and criteria expressed in this section, to regulations for the respective districts in which the uses are located, and to all other requirements of this Chapter. Council shall grant approval for a conditional use only after it has reviewed the recommendation of the Planning Commission and has found adequate evidence that the proposed use meets the standards and criteria for such use.

   2.   Site Plan: A plan for the proposed development of a site for a conditional use shall be submitted with the application for such use. The plan shall show the location of all buildings, open spaces, parking areas, traffic access and circulation, landscaping, and any other information required for determining the conformance of the conditional use with the regulations for that use.

   3.   General Standards: Decisions for granting all conditional uses shall be guided by the following general standards:

      A.   The proposed use shall not jeopardize the objectives of the Comprehensive Plan.

      B.   Public services and facilities such as streets, sewers, water, police, and fire protection shall be adequate for the proposed use.

      C.   Existing and future streets and access to the site shall be adequate for emergency services, for avoiding undue congestion and for providing for the safety and convenience of pedestrian and vehicular traffic.

      D.   The relationship of the proposed use to other activities existing or planned in the vicinity shall be harmonious in terms of the location, size of the use, the size of the site relative to the proposed operation, and the nature and intensity of the operation involved.

      E.   The relationship of the proposed use to other activities existing or planned in the vicinity shall be harmonious in terms of the character and height of buildings, walls, and fences so that property is not impaired.

      F.   The proposed use shall not be more objectionable in its operations in terms of noise, fumes, vibration, or flashing lights than would be the operations of any permitted use in the district.

      G.   Any other reasonable conditions and safeguards, in addition to those expressed in this Chapter, may be imposed by Council if it deems it necessary for implementing the purposes of the Pennsylvania Municipalities Planning Code (Act 247 as amended) and this Zoning Chapter.

(Ord. 87-8, 12/10/1987)

   Uses permitted as conditional uses in this Chapter include the following, for which additional regulations are prescribed:

   1.   Adult Entertainment Establishments (C-1 District)

      A.   Purpose The purpose of this conditional use is to provide for establishments which have a sex-related nature or purpose in an appropriate environment which prevents the deleterious blighting or downgrading effects which a concentration of such uses or the inappropriate placement of such uses may have upon surrounding neighborhoods.

      B.   Use Regulations: The principal permitted uses shall be adult entertainment establishments as designated herein under subsection G, "Uses Designated and Regulated".

      C.   Dimensional Regulations: The dimensional regulations shall be the same as those applicable to the "C-1 Commercial, Highway" District.

      D.   Supplementary Regulations: (See Article 8.)

      E.   Development Regulations: Adult entertainment establishments (as defined herein) shall be subject to the following development regulations:

         (1)   Comprehensive Plan: Proposed adult entertainment establishments shall be consistent with the Comprehensive Plan of the Borough.

         (2)   Site Location: Adult entertainment establishments shall be located only in the "C-1 Commercial, Highway" Districts, and the proposed location of such an establishment within such district shall be at least five hundred (500) feet distant from another such adult entertainment establishment, residential district, property lines of churches and related religious institutions and property lines of schools and playgrounds.

      F.   Definitions: Definitions used in this subsection include: (See Part 3.)

         (1)   Adult book store

         (2)   Adult cabaret

         (3)   Adult drive-in theatre

         (4)   Adult massage business

         (5)   Adult mini-motion picture theatre

         (6)   Adult motion picture theatre

      G.   Uses Designated and Regulated: Uses designated and regulated as adult entertainment establishments include: adult book stores, adult cabarets, adult drive-in theatres, adult massage businesses, adult mini-motion picture theatres, and adult motion picture theatres.

   2.   Mobile Home Parks (R-S District)

      A.   Purpose. The purpose of this conditional use is to permit mobile home parks in such a way that their development is safe and sanitary and fit for human habitation and that their development is acceptable and compatible with other development in the district in which they are located.

      B.   Use Regulations: The principal permitted use shall be mobile homes. Accessory uses shall include those uses usually associated with such a facility.

      C.   Dimensional Regulations

         (1)   Minimum Park Area: A mobile home park shall have an area of at least ten (10) acres.

         (2)   Density: The density shall not exceed five (5) mobile homes per gross acre.

         (3)   Minimum Park Width: A mobile home park shall have a minimum width of three hundred (300) feet.

         (4)   Buffer Areas: The minimum buffer areas along all boundaries of the mobile home park tract shall be fifty (50) feet in depth as measured at right angles from the property lines.    This space shall be used for no other purpose but landscaping and access roads which cross the buffer.

         (5)   Tract Coverage: No more than twenty percent (20%) of the tract shall be covered with buildings.

         (6)   Buildin Height: The maximum height of any building shall be fifteen (15) feet or one (1) story.

      D.   Supplementary Regulations (See Part 8.)

      E.   Development Regulations: A mobile home park shall be subject to the following development regulations:

         (1)   Comprehensive Plan: A proposed mobile home park shall be consistent with the Comprehensive Plan of the Borough.

         (2)   Site Location: A mobile home park shall be located on land having a reasonably flat terrain (having an average slope of 8% or less). The land area shall be free from swamps , marshes, garbage, excessive noise, smoke, or other elements generally considered detrimental to residential development. The location shall be free from flooding by a one hundred (100) year flood and shall have access to public roads.

         (3)   Placement of Mobile Homes: Each mobile home site shall be provided with a stand or pad consisting of two (2) concrete strips to accommodate the axles of the mobile home, The poured concrete base shall measure one (1) foot deep, three (3) feet wide, and seventy (70) feet long for each of the two strips.

         Each mobile home site shall also be provided with a poured concrete outdoor patio six (6) inches deep and at least one hundred eighty (180) square feet in area at the main entrance to the mobile home. The mobile home shall be required to be provided with anchors and tie-downs which are able to sustain a total tensile load equal to four times the weight of the particular mobile home.

         (4)   Mobile Home Lots: Only one mobile home, including its extensions and additions, may be placed on each mobile home lot, which shall have access to a street in the mobile home park.

         Each lot shall have a minimum area of four thousand five hundred (4,500) square feet and a minimum width of forty-five (45) feet. The minimum front yard shall be ten (10) feet; the rear yard, five (5) feet; and each side yard, (5) feet. The minimum distance between buildings shall be thirty (30) feet. No more than thirty percent (30%) of any lot shall be covered by structures.

         (5)   Parking Requirements: Parking spaces shall be provided as required by Part 8. All parking spaces for mobile home lots shall be paved.

         (6)   Ingress and Egress: Access points to public streets from a mobile home park shall be located no less than two hundred fifty (250) feet from any public street intersection. Streets within the mobile home park shall be constructed to Borough specifications as described in the Subdivision and Land Development Chapter, except that the Planning Commission may allow for one-way streets, provided access by fire and other emergency vehicles is not impaired and provided the street plan is reviewed and approved by the Borough Engineer.

         (7)   Sidewalks: All mobile home parks shall be provided with safe, convenient, all season pedestrian walks of ID-2 Bituminous concrete or Portland cement concrete to a depth and width approved by the Borough Engineer between individual mobile homes and streets and all park facilities provided for the residents. Walkways serving park facilities shall have a minimum width of four (4) feet.

         (8)   Recreation Areas: All mobile home parks shall be provided with a recreation area for mobile home park residents. A recreation area shall be no less than ten percent (10%) of the total area of the park. Such an area shall be appropriately developed with recreation facilities and easily accessible to all homes in the park.

         (9)   Laundromats: At least one (1) laundromat shall be provided for every mobile home park for the exclusive use of residents of that park. At least one (1) washer for every ten (10) mobile homes and one (1) dryer for every fifteen (15) mobile homes shall be provided. The structure housing the laundry facilities shall be easily accessible to all residents of the mobile home park. The water and sewerage systems serving the laundromat shall satisfy all requirements of the Pennsylvania Department of Environmental Resources.

         (10)   Storage Sheds: Each mobile home park shall provide to each mobile home an enclosed storage shed or partitioned space in such a shed, either of which shall have at least three hundred sixty (360) cubic feet and shall be located within one hundred fifty (150) feet of said mobile home.

         (11)   Refuse Storage: Each mobile home shall provide its own garbage and refuse containers in accordance with Borough regulations pertaining to garbage and other solid wastes, or the mobile home park owner shall provide for the weekly collection of garbage and refuse.

         (12)   Drainage: Storm drainage from roofs and paved areas shall be channeled to natural drainage courses and away from adjoining properties and public roads. Trees and shrubbery shall be maintained on the property of the mobile home park and on every lot within the park for absorption of water runoff and hence for flood protection.

         (13)   Sewerage Systems: Each mobile home lot shall be provided with at least a four (4) inch diameter vertical riser pipe which connects the mobile home sewage drain outlet to the sewer line. Provision shall be made for plugging the sewer riser pipe when a mobile home does not occupy the lot. Surface drainage shall be directed away from the riser. The rim of the riser pipe shall extend at least six (6) inches above ground elevation.

         (14)   Water Systems: Each mobile home lot shall have a water riser pipe which connects the mobile home water system to the central water system. An outside hose bib shall be supplied for each mobile home.

         (15)   Utilities: All utilities serving mobile home lots shall be placed at a depth appropriate to the service provided but at least thirty (30) inches underground.

         (16)   Subdividing: A mobile home park is divided into parcels for leasing and is therefore subject to the regulations of the Subdivision and Land Development Ordinance.

   3.   Planned Residential Development (R-S District)

      A.   Purpose: The purpose of this conditional use as stated in the Pennsylvania Municipalities Planning Code (Act 247 as amended) and as intended by the residents of Shamokin Dam Borough, is to achieve the following:

         (1)   To ensure that the provisions of the Shamokin Dam Borough Zoning Chapter which are concerned with the uniform treatment of dwelling type, bulk, density and open space within each zoning district, shall not be applied to the improvement of land by other than lot-by-lot development in a manner which would distort the objectives of the Zoning Chapter;

         (2)   To encourage innovations in residential development and renewal so that the growing demand for housing may be met by greater variety in type, design and layout of dwellings and by the conservation and more efficient use of open space ancillary to said dwellings;

         (3)   To provide greater opportunities for better housing and recreation for all who are or will be residents of the Borough;

         (4)   To encourage a more efficient use of land and public services and to reflect changes in the technology of land development so that the economies so secured may inure to the benefit of those who need homes;

         (5)   To encourage more flexible land development which will respect and conserve natural resources such as streams, flood plains, ground water, wooded areas, steeply-sloping areas of unusual attractiveness in the natural environment; and

         (6)   In aid of these purposes, to provide a procedure which can relate the type, design and layout of residential development to the particular site and the particular demand for housing existing at the time of development in a manner consistent with the preservation of the property values within existing residential areas, and to assure that the increased flexibility of regulations over land development established hereby is carried out pursuant to sound, expeditious and fair administrative standards and procedures.

      B.   Use Regulations: The principal permitted uses shall be the following housing types, with the same accessory uses as permitted in the R-S Residential Suburban District:

         (1)   Single - family houses

         (2)   Two-family houses (duplex or flat

         (3)   Garden apartments

         (4)   Multi-family low-rise houses

         (5)   Multi-family mid-rise houses

         (6)   Townhouses

         (7)   Mobile homes

      C.   Special Exception Uses: The special exception uses shall be the same as those permitted in the R-S Residential Suburban District, for which specific regulations are found in Part 6.

      D.   Dimensional Regulations

         (1)   Single-family houses

            (a)   Minimum Lot Area: Eight thousand (8,000) sq. ft.

            (b)   Minimum Lot Width: Seventy (70) feet at the front setback line

            (c)   Minimum Front Yard: Thirty-five (35) feet

            (d)   Minimum Rear Yard: Forty (40) feet

            (e)   Minimum Side Yard: Ten (10) feet each side [See (F) (7).]

            (f)   Maximum Building Coverage: Thirty percent (30%)

            (g)   Maximum Building Height: Thirty-five (35) feet two and one-half (2i) stories

         (2)   Two-family houses (duplex or flats)

            (a)   Minimum Lot Area: Four thousand (4,000) sq.ft. per dwelling unit

            (b)   Minimum Lot Width: Forty (40) feet per dwelling unit at the front setback line

            (c)   Minimum Front Yard: Thirty-five (35) feet

            (d)   Minimum Rear Yard: Forty (40) feet

            (e)   Minimum Side Yard: Ten (10) feet each side [See (f) (7).]

            (f)   Maximum Impervious Surface Ratio (on lot): .30

            (g)   Maximum Building Height: Thirty-five (35) feet or two and one-half (2 ½) stories

         (3)   Garden Apartments

            (a)   Minimum Lot Area: Forty thousand (40,000) sq.ft.

            (b)   Minimum Lot Area per Dwelling Unit: Two thousand five hundred (2,500) square feet

            (c)   Minimum Lot Width: Two hundred (200) feet at the front setback line

            (d)   Minimum Front Yard: Fifty (50) feet

            (e)   Minimum Rear Yard: Twenty-five (25) feet

            (f)   Minimum Side Yard: Ten (10) feet each side [See: (F) (7).]

            (g)   Maximum Impervious Surface Ratio (on lot): .50

            (h)   Maximum Dwelling Units per Structure: Sixteen (16)

            (i)   Maximum Building Height: Forty (40) feet or three stories

         (4)   Multi-family low-rise houses

            (a)   Minimum Lot Area: Eight thousand (8,000) sq.ft.

            (b)   Minimum Lot Area per Dwelling Unit: Two thousand five hundred (2,500) square feet

            (c)   Minimum Lot Width: Eighty (80) feet at the front setback line

            (d)   Minimum Front Yard: Thirty (30) feet

            (e)   Minimum Rear Yard: Forty (40) feet

            (f)   Minimum Side Yard: Ten (10) feet each side [See (F) (7).1

            (g)   Maximum Impervious Surface Ratio (on lot): .30

            (h)   Maximum Dwelling Units per Structure: Eight (8)

            (i)   Maximum Building Height: Forty (40) feet or three (3) stories

         (5)   Multi-family mid-rise houses

            (a)   Minimum Lot Area: Eighty thousand (80,000) sq.ft.

            (b)   Minimum Lot Area per Dwelling Unit: One thousand (1,000) square feet

            (c)   Minimum Lot Width: Two hundred (200) feet at the front setback line

            (d)   Minimum Front Yard: One hundred (100) feet

            (e)   Minimum Rear Yard: Forty (40) feet

            (f)   Minimum Side Yard: Ten (10) feet each side [See (F) (7).]

            (g)   Maximum Impervious Surface Ratio (on lot): .60

            (h)   Maximum Building Height: Fifty (50) feet or four (4) stories

         (6)   Townhouses

            (a)   Minimum Lot Area: Sixteen thousand (16,000) sq.ft.

            (b)   Minimum Lot Area per Dwelling Unit: One thousand nine hundred (1,900) square feet

            (c)   Minimum Lot Width: One hundred ninety-six (196) feet at the front setback line and twenty-two (22) feet per dwelling unit

            (d)   Minimum Front Yard: Thirty (30) feet

            (e)   Minimum Rear Yard: Twenty-five (25) feet

            (f)   Minimum Side Yard: Ten (10) feet each side of building [Also see (F) (7).]

            (g)   Maximum Impervious Surface Ratio (on lot); .40

            (h)   Maximum Dwelling Units per Structure: Eight (8)

            (i)   Maximum Building Height: Thirty-five (35) feet or two and one-half stories

         (7)   Mobile homes

            (a)   Minimum Lot Area: Eight thousand (8,000) sq.ft.

            (b)   Minimum Lot Width: Seventy (70) feet at the front setback line

            (c)   Minimum Front Yard: Thirty-five (35) feet

            (d)   Minimum Rear Yard: Forty (40) feet

            (e)   Minimum Side Yard: Ten (10) feet each side [See (F) (7).]

            (f)   Building Coverage: Thirty percent (30%)

            (g)   Minimum Building Height: Fifteen (15) feet or one (1 story

      E.   Supplementary Regulations (See Part 8.)

      F.   Development Regulations: A planned residential development shall be subject to the following development regulations:

         (1)   Comprehensive Plan: The planned residential development shall be consistent with the Comprehensive Plan of the Borough of Shamokin Dam.

         (2)   Minimum Tract Area: A planned residential development shall have an area of at least five (5) acres.

         (3)   Net Density: The density of a planned residential development shall not exceed eight (8) dwelling units per net acre.

         (4)   Common Open Space: Not less than thirty percent (30%) of the total area of the planned residential development tract shall be designated as and devoted to common open space.

         (5)   Impervious Surface Areas: No more than twenty percent (20%) of the total area of the planned residential development tract shall be covered by impervious surface areas.

         (6)   Mix of Housing Types

            (a)   In developments of 1 - 49 dwelling units, the maximum percentage of any housing type shall be 100%, but the minimum of any one type shall be no less than 20%.

            (b)   In developments of 50 - 99 dwelling units the maximum of any housing type shall be 50%, but the minimum of any one type shall be no less than 15%. At least two (2) different types of housing shall be required.

            (c)   In developments of 100 - 299 dwelling units the maximum of any housing type shall be 40%, but the minimum of any one type shall be no less than 10%. At least three (3) different types of housing shall be required.

            (d)   In developments of 300 or more dwelling units the maximum of any housing type shall be 40%, but the minimum of any one type shall be no less than 5%. At least four (4) different types of housing shall be required.

         (7)   Distance Between Buildings (See table 2 next page.)

         (8)   Buffer Area: A buffer area shall be required around the tract. The buffer area shall be a part of the common open space and not part of the yard area assigned to the dwelling units. The width of the buffer area shall be thirty (30) feet and shall constitute a maximum of thirty percent (30%) of the required common open space. The buffer shall consist of plantings of trees and shrubbery and other foliage which provide shade and screening.

         (9)   Requirements for Im ovements, Reservations, and Design: All improvements for streets, parks, sidewalks, etc., shall be designed and constructed in conformance with the standards and requirements of the Subdivision and Land Development Chapter of the Borough. All such improvements shall be guaranteed under the provisions of that same Chapter.

         (10)   Environmental Performance Standards: All development shall be preceded by the identification of any environmental or natural feature described below and shall meet the following standards of environmental protection. No site alterations, regrading, filling, and clearing or planting vegetation shall begin prior to submission of development plans.

            (a)   Flood Plains (See Borough Flood Plain Chapter 8.)

            (b)   Forest: No more than forty percent (40%) of the trees which are six (6) inches or more in caliper measured twelve (12) inches above the ground may be cleared.

            (c)   Ponds, Wetlands, and Watercourses: All such areas shall remain as permanent open space. No development, filling, piping or diverting shall be permitted except for necessary roads. Open space shall include all land measured fifty (50) feet from the water's edge as well as all water or wetland areas themselves.

            (d)   Soil Erosion and Sedimentation: All developments shall protect ponds, wetlands and watercourses from sedimentation and shall control erosion in accordance with the Clean Streams Law, PL 1987, Chapter 102, and the Borough Subdivision and Land Development Chapter, except that in addition, all developments shall submit an erosion control plan as part of the tentative land development plan, even if they are less than twenty-five (25) acres in extent.

            (e)   Sewer and Water Utilities: Public sewer and water systems shall be required. On-site sewage disposal shall be prohibited.

            (f)   Steep Slopes: In areas of steep slopes, the following standards shall apply: On slopes of 8 - 15%, no more than forty percent (40%) of such areas shall be regraded or stripped of vegetation. On slopes of 15 - 25%, no more than thirty percent (30%) of such areas shall be developed and/or regraded or stripped of vegetation. On slopes of 25% or more, no more than fifteen percent (15%) of such areas shall be developed and/or regraded or stripped of vegetation.

            (g)   Storm Water Run-Off: All developments shall limit the rate of storm water run-off so that no greater rate of run-off is permitted than that of the site in its natural condition. All run-off calculations shall be that contained in the United States Department of Agriculture, Soil Conservation Service, "Engineering Field Manual 4," latest edition.

      G.   Site Capacity Calculations: In order to determine the appropriate intensity of use to which the tract proposed for a planned residential development may be put, the following calculations shall be submitted by the developer with the tentative plan:

         (1)   Base Site Area: Certain portions of the tract may not be useable for the activities proposed for the site. These areas shall therefore be subtracted from the site area to determine base site area.

            (a)   Site area of total tract acres   ______ acres

            (b)   Subtract - land within right-of-way of existing roads, or utility right-of-way or easements   ______ acres

            (c)   Subtract - land which is not contiguous:    ______ acres

            (i)   a separate parcel which does not abut or adjoin, nor share common boundaries with the rest of the development, or;

            (ii)   land which is cut off from the main parcel by a road, existing land uses, or major stream so as to serve as a major barrier to common use, or so that it is isolated and unavailable for building purposes.

            (d)   Subtract - land which in a previously approved subdivision was reserved for resource reasons such as flooding or recreation.   

            (e)   Subtract - land used or zoned for another use (commercial or industrial uses)    ______ acres

            (f)   Equals BASE SITE AREA    ______ acres

         (2)   Resource Protection Land: All land within the base site area shall be mapped and measured for the purpose of deter mining the amount of open space needed to protect it. The calculations shall be made as follows:

      H.   Standards for Location and Management of Open Space: The open space shall be located so as to be consistent with the objectives set forth in the application for the planned residential development.

      Where possible, it shall be designed as a contiguous area easily accessible to the residents and preserving natural features.

      There shall be provisions which insure that the open space land shall continue as such and be properly maintained. The developer shall either:

         - dedicate such land to public use if the Borough indicates that it will accept such dedication;

         - retain ownership and responsibility for maintenance of such open space land; or

         - provide for and establish one or more organizations for the ownership and maintenance of all common open space.

      In the case of the establishment of an organization, each such organization shall be a non-profit homeowners' corporation, unless the developer demonstrates that a community open space trust is a more appropriate form of organization.

      If a homeowners' association or open space trust is formed, it shall be governed according to the regulations of Article VII of the Pennsylvania Municipalities Planning Code of 1968, Act 247 as amended.

      I.   Staging of Development: A planned residential development may be constructed in phases if the following criteria are met:

         (1)   The application for tentative approval covers the entire planned residential development and shows the location and approximate time of construction for each stage, in addition to other information required herein;

         (2)   At least fifteen percent (15%) of the dwelling units in the tentatively approved plan are included in the first phase; and

         (3)   The second and subsequent stages are completed consistent with the tentatively approved plan and in no stage contain less than fifteen percent (15%) of the dwelling units receiving tentative approval.

      J.   Enforcement and Modification of Provisions of the Plan: To further the mutual interest of the residents of the planned residential development and of the public in the preservation of the integrity of the development plan, as finally approved, and to insure that modifications, if any, in the development plan shall not impair the reasonable reliance of the said residents upon the provisions of the development plan, nor result in changes that would adversely affect the public interest, the enforcement and modifications of the provisions of the development plan as finally approved, whether those are recorded by plat, covenant, easement or otherwise, shall be subject to the following provisions:

         (1)   The provisions of the development plan relating to:

            (a)   the use, bulk and location of buildings and structures, (b) the quantity and location of common open space, except as otherwise provided herein, and (c) the intensity of use or the density of residential units, shall run in favor of the Borough and shall be enforceable in law or in equity by the Borough without limitation on any powers of regulation otherwise granted the Borough by law.

         (2)   All provisions of the development plan shall run in favor of the residents of the planned residential development but only to the extent expressly provided in the development plan and in accordance with the terms of the development plan, and to that extent said provisions, whether recorded by plat, covenant, easement or otherwise, may be enforced at law or equity by said residents acting individually, jointly, or through an organization designated in the development plan to act on their behalf; provided, however, that no provisions of the development plan shall be implied to exist in favor of residents of the planned residential development except as to those portions of the development plan which have been finally approved and have been recorded.

         (3)   All those provisions of the development plan authorized to be enforced by the Borough under this section may be modified, removed, or released by the Borough, except grants of easements relating to the service or equipment of a public utility, subject to the following conditions: a) no such modification, removal or release of the provisions of the development plan by the Borough shall affect the rights of the residents of the planned residential development to maintain and enforce those provisions, at law or equity, as provided in this Section; b) no modification, removal or release of the provisions of the development plan by the Borough shall be permitted except upon a finding by the Borough Council after review by the Planning Commission, following a public hearing thereon pursuant to public notice called and held in accordance with the provisions or this Section, that the same is consistent with the efficient development and preservation of the entire planned residential development, does not adversely affect either the enjoyment of land abutting upon or across the street from the planned residential development or the public interest, and is not granted solely to confer a special benefit upon any person.

         (4)   Residents of the planned residential development may, to the extent and in the manner expressly authorized by the provisions of the development plan, modify, remove or release their rights to enforce the provisions of the development plan, but no such action shall affect the right of the Borough to enforce the provisions of the development plan in accordance with the provisions of this Section.

      K.   Application for Tentative Approval: The application for, and tentative and final approval of, a planned residential development prescribed in this Section shall be in lieu of all other procedures or approvals otherwise required by the Zoning Ordinance and Subdivision and Land Development Ordinance of the Borough, except where specifically indicated. The procedures herein described for the approval or disapproval of a development plan for a planned residential development and the continuing administration thereof are established in the public interest in order to provide an expeditious method for processing a development plan for a planned residential development and to avoid the delay and uncertainty which would arise if it were necessary to secure approval, by a multiplicity of local procedures, of a plat of subdivision as well as approval of a change in the zoning regulations otherwise applicable to the property.

      An application for tentative approval shall be consistent with the following provisions:

         (1)   Informal Consultation: The landowner, the Shamokin Dam Borough Council, and the Borough Planning Commission may consult informally concerning the proposed planned residential development prior to the filing of an application for tentative approval, provided that no statement or representation by a member of the Borough Council or of the Planning Commission shall be binding on the Council or Planning Commission as a whole.

         (2)   Application: An application for tentative approval shall be filed by or on behalf of the landowner with the Zoning Officer upon payment of an application fee.

         (3)   Relationship to Planning, Zoning, and Subdivision: All planning, zoning and subdivision matters relating to the platting, use and development of the planned residential development and subsequent modifications of the regulations relating thereto, to the extent such modification is vested in the Borough, shall be determined and established by the Borough Council after review by the Planning Commission.

         (4)   Required Documentation: The application for tentative approval shall include documentation illustrating compliance with all of the standards for planned residential development, and where necessary the Planning Commission shall order such documentation to aid them in their review. Two (2) copies of the application and twelve (12) copies of the plan shall be required.

         Required documentation shall include, but not be limited to, documents illustrating the following:

            (a)   The location and size of the area involved and its adjoining areas, the nature of the landowner's interest in the planned residential development;

            (b)   The proposed use areas and the residential density to be allocated to parts of the site to be developed;

            (c)   The location, function, size, ownership, and manner of maintenance of the common open space;

            (d)   The use and the approximate height, bulk, and location of buildings and other structures;

            (e)   Information showing the feasibility of proposals for sanitary sewerage, water supply, and storm water disposition;

            (f)   The substance of covenants, grants of easements, or other restrictions existing or proposed to be imposed upon the use of land, buildings, and structures, including proposed grants and/or easements for public utilities;

            (g)   The provision for parking of vehicles and the location, right-of-way and cartway widths of proposed streets and public ways;

            (h)   The required modifications in the Borough land use regulations otherwise applicable to the property;

            (i)   In the case of plans which call for development in stages, a schedule showing the time within which applications for final approval of all parts of the planned residential development are intended to be filed, and which shall be updated annually on the anniversary of submission for final approval;

            (j)   The application shall, insofar as possible, indicate compliance with the provisions set forth herein, governing the requirements for final approval.

            (k)   Plan maps at a scale of one (1) inch equals one hundred (100) feet, with contours for each five (5) foot change in elevation, showing: natural features of the land including topography, vegetation, drainage, and soil types; approximate locations of buildings, streets according to type, parking areas, and walkways; locations of common open space and recreation facilities; the public utility system; and development phasing; and

               (1)   A location map showing the relationship of the total development plan to the Comprehensive Plan of the Borough.

         (5)   Statement by Landowner: The application shall also include a written statement by the landowner setting forth the reasons why, in his opinion, the planned residential development would be in the public interest and would be consistent with the Comprehensive Plan of the Borough.

         (6)   Planning Commission Referrals and Review: The application for tentative approval shall be filed with the Zoning Officer, who is authorized to accept such application under the Zoning Chapter. He shall submit the application to the Planning Commission, who shall refer copies of the tentative plan to the agencies and officials identified in the Subdivision and Land Development Chapter as having an interest in the plan for their review and comment. After preparing a report thereon the Planning Commission shall submit the report to the Borough Council for the public hearing as required below.

      L.   Public Hearings: Within sixty (60) days after the filing of an application for tentative approval of a planned residential development pursuant to this Section, a public hearing pursuant to public notice on said application shall be held by the Borough Council in the manner prescribed in the Chapter for the enactment of an amendment to the Zoning Chapter.

      The President or Vice President of the Borough Council may administer oaths and compel the attendance of witnesses. All testimony by witnesses at any hearing shall be given under oath and every party of record at a hearing shall have the right to crossexamine adverse witnesses.

      A verbatim record of the hearing shall be caused to be made by the Borough Council whenever such records are requested by any party to the proceedings; but the cost of making and transcribing such a record shall be borne by those who wish to obtain such copies. All exhibits accepted in evidence, shall be properly identified and the reason for the exclusion clearly noted in the record.

      The Borough Council may continue the hearing from to time, and may refer the matter back to the Planning Commission for a report, provided, however, that in any event, the public hearing or hearings shall be concluded within sixty (60) days after the date of the first public hearing.

      M.   The Findings

         (1)   The Borough Council, within sixty (60) days following the conclusion of the public hearing provided for by this Section, shall, by official written communication to the landowner, either:

         -Grant tentative approval to the development plan as submitted;

         -Grant tentative approval subject to specified conditions not included in the development plan as submitted; or

         -Deny tentative approval to the development plan.

      Failure to act within said period shall be deemed to be a grant of tentative approval of the development plan as submitted. In the event, however, that tentative approval is granted subject to conditions, the landowner may, within thirty (30) days after receiving a copy of the official written communication of the Borough Council, notify such Council of his refusal to accept all said conditions, in which case the Council shall be deemed to have denied tentative approval of the development plan. In the event the landowner does not, within said period, notify the Council of his refusal to accept all said conditions, tentative approval of the development plan, with all said conditions, shall stand as granted.

         (2)   The grant or denial of tentative approval by official written communication shall include not only conclusions but also findings of fact related to the specific proposal and shall set forth the reasons for the denial, and said communication shall set forth with particularity in what respects the development plan would or would not be in the public interest including but not limited to findings of fact and conclusions on the following;

         - Those respects in which the development plan is or is not consistent with the Comprehensive Plan for the development of the Borough;

         - The extent to which the development plan departs from zoning and subdivision regulations otherwise applicable to the subject property, including but not limited to density, bulk, and use, and the reasons why such departures are or are not deemed to be in the public interest;

         - The purpose, location and amount of the common open space in the planned residential development, the reliability of the proposals for maintenance and conservation of the common open space, and the adequacy or inadequacy of the amount and purpose of the common open space as related to the proposed density and type of residential development;

         -The physical design of the development plan and the manner in which said design does or does not make adequate provision for public services, provide adequate control over vehicular traffic, and further the amenities of light and air, recreation and visual enjoyment;

         - The relationship, beneficial or adverse, of the proposed planned residential development to the neighborhood in which it is proposed to be established; and

         - In the case of a development plan which proposes development over a period of years, the sufficiency of the terms and conditions intended to protect the interest of the public and of the residents of the planned residential development in the integrity of the development plan.

         (3)   In the event a development plan is granted tentative approval, with or without conditions, the Borough Council may set forth in the official written communication the time within which an application for final approval of the development plan shall be filed or, in the case of a development plan which provides for development over a period of years, the periods of time within which applications for final approval of each part thereof shall be filed. Except upon the consent of the landowner, the time so established between grant of tentative approval and an application for final approval shall not be less than three (3) months and, in the case of developments over a period of years, the time between applications for final approval of each part of the plan shall not be less than twelve (12) months.

      N.   Status of Plan After Tentative Approval

         (1)   The official written communication provided for in this Section shall be certified by the Borough Manager and shall be filed in his or her office , and a certified copy shall be mailed to the landowner. Where tentative approval has been granted, the same shall be noted on the Zoning Map.

         (2)   Tentative approval of a development plan shall not qualify a plan of the planned residential development for recording nor authorize development or the issuance of any zoning permit. A development plan which has been given tentative approval as submitted, or which has been given tentative approval with conditions which have been accepted by the landowner (and provided that the landowner has not defaulted nor violated any of the conditions of the tentative approval), shall not be modified or revoked nor otherwise impaired by action of the Borough pending an application or applications for final approval, without the consent of the landowner, provided an application for final approval is filed, or, in the case of development over a period of years, provided applications are filed, within the periods of time specified in the official written communication granting tentative approval.

         (3)   In the event that a development plan is given tentative approval and thereafter, but prior to final approval, the landowner shall elect to abandon said development plan and shall so notify the Borough Council in writing, or in the event the landowner shall fail to file application or applications for final approval within the required period of time or times, as the case may be, the tentative approval shall be deemed to be revoked, and all that portion of the area included in the development plan for which final approval has not been given shall be subject to those local ordinances otherwise applicable thereto as they may be amended from time to time, and the same shall be noted on the Zoning Map and in the records of the Borough Manager.

      O.   Application for Final Approval

         (1)   An application for final approval may be for all the land included in a development plan or, to the extent set forth in the tentative approval, a section thereof. Said application shall be made through the Zoning Officer to the Borough Planning Commission or the Borough Council and within the time or times specified by the official written communication granting tentative approval. If the application for final approval is in compliance with the tentatively approved development plan, a public hearing need not be held.

         (2)   The application shall include all drawings, specifications, covenants, easements, performance bond and such other requirements as specified in the Subdivision and Land Development Chapter, as well as any conditions set forth in the official written communication at the time of tentative approval.

         (3)   In the event that the application for final approval has been filed, together with all drawings, specifications and other documents in support thereof, and as required by the ordinance and the official written communication of tentative approval, the Borough Council shall, within forty-five (45) days of such filing, grant such development plan final approval.

         (4)   In the event the development plan as submitted contains variations from the development plan given tentative approval, the Borough Council may refuse to grant final approval and shall, within forty-five (45) days from the filing of the application for final approval, so advise the landowner in writing of said refusal, setting forth in said notice the reasons why one or more of said variations are not in the public interest. In the event of such refusal, the landowner may either:

         -Refile his application for final approval without the variations objected, or

         -File a written request with the Borough Council that it hold a public hearing on his application for final approval.

      If the landowner wishes to take either such alternate action, he may do so at any time within which he shall be entitled to apply for final approval, or within thirty (30) additional days if the time for applying for final approval shall have already passed at the time when the landowner was advised that the development plan was not in substantial compliance.

      In the event the landowner shall fail to take either of these alternate actions within said time, he shall be deemed to have abandoned the development plan.

      Any such public hearing shall be held pursuant to public notice within thirty (30) days after request for the hearing is made in writing by the landowner, and the hearing shall be conducted in the manner prescribed in this Chapter for public hearings on applications for tentative approval. Within thirty (30) days after the conclusion of the hearing, the Borough Council shall, by official written communication, either grant final approval to the development plan or deny final approval.

      The grant or denial of final approval of the development plan shall, in cases arising under this section, be in the form and contain the findings required for an application for tentative approval set forth in this Section.

         (5)   A development plan, or any part thereof, which has been given final approval shall be so certified without delay by the Borough Council and shall be filed of record forthwith in the Office of the Recorder of Deeds of the County before any development shall take place in accordance therewith. Upon the filing of record of the development plan, the zoning and subdivision regulations otherwise applicable to the land included in such plan shall cease to apply thereto. Pending completion within a reasonable time of said planned residential development or of that part thereof, as the case may be, that has been finally approved, no modification of the provisions of said development plan, or part thereof, as finally approved, shall be made except with the consent of the landowner.

         (6)   In the event that a development plan, or a section thereof, is given final approval and thereafter the landowner shall abandon such plan or the section thereof that has been finally approved, and shall so notify the Borough Council in writing; or, in the event the landowner shall fail to commence and carry out the planned residential development within such reasonable period of time as may be fixed by ordinance after final approval has been granted, no development or further development shall take place on the property included in the development plan until after the said property is re-subdivided and is reclassified by enactment of an amendment to the Borough Zoning Chapter in the manner prescribed for such amendments in Part 12.

   4.   Billboards (C-1 District).

      A.   Definition. A “billboard” is a freestanding sign which directs attention to an object, product, service, place, activity, person, institution, organization or business that is offered or located primarily at a location other than the lot upon which the sign is located. A billboard is the only permitted class of off-premises sign.

      B.   Purpose and Intent. The purpose of these regulations is to provide an area for the placement of billboards in the Borough. The goals of these regulations are to:

         (1)   Provide clear guidelines and regulations for the placement of billboards.

         (2)   Provide standards for construction of billboards.

         (3)   Provide for the location of billboards so that such signs are not adverse to the health, safety and welfare of the public.

      C.   General Regulations.

         (1)   Signs Permitted. Billboards may be permitted by conditional use in that portion of the C-1, Commercial, Highway District, beginning at the property boundary of the Orchard Hill Cemetery (land owned by C. Gee, Inc., tax parcel 16-06030) and Kulp’s Transmissions (land owned by Michael A. H. Bordner, Tax Parcel 16-01-016A) on Routes 11 & 15 North to the Borough line on Route 15 North, subject to the requirements contained in this Section.

         (2)   Size of Sign Face. A billboard face may not exceed two hundred fifty (250) square feet per side in area, with a maximum face length of twenty-five (25) feet and a maximum face width of fifteen (15) feet. Each face of a two (2) faced sign shall be the same size.

         (3)   Height. Billboards shall not exceed thirty (30) feet in height. The height shall be measured from the grade of the immediately adjoining street, road, highway or alley to which the sign is oriented to the highest part of the sign. Each face of a two (2) faced sign shall be of the same height.

         (4)   Construction. Billboards shall be of unipole construction. No portable billboards are permitted.

         (5)   Location of Sign. The applicable District Dimensional Regulations as to yards shall apply with respect to the placement of billboards within the district. In addition, a ten (10) foot minimum setback from any utility lines or easements and from any building or buildings on the lot must be maintained. Additionally, billboards may not be closer than one thousand (1,000) feet from another billboard measured radially. No billboard shall be located within five hundred (500) feet of any right-of-way of any interchange, measured along the interstate or limited-access primary highway from the beginning or ending of pavement widening at the exit from or entrance to the main traveled way. No billboard or portion thereof shall be permitted within the clear sight triangle at any intersection of a driveway with a street. No billboards shall be located within five hundred (500) feet of an R-1, Residential Medium Density District, R-2, Residential High Density District, or R-3, Residential Multi-Family District measured on the same side of the highway. No billboards shall be permitted on the roof or side of any building.

         (6)   Number of Signs per Lot. There shall be no more than one (1) billboard per lot.

         (7)   Content. No billboard shall advertise any adult or sexually oriented businesses or materials, contain any obscene or profane language, emit any verbal announcement or noises of any kind, or otherwise display any content prohibited by 18 Pa.C.S.A. § 5903. In addition, such signs shall not display any moving, flashing, scrolling, fading, brightening or animated text or video. No use of the colors red or green shall be made within two hundred fifty (250) feet of a signalized intersection. The use of “stop,” “go,” “warning,” “emergency,” or any other words that could be construed as traffic or warning information is prohibited.

         (8)   Lighting. Illumination of billboards shall follow the standards and requirements of the Illuminating Engineering Society of North America (IESNA) and shall be subject to review and approval of the Borough. To the extent that there is a conflict between a standard and/or requirements of the IESNA and the provisions of this Section, the provisions of this Section shall control. Illumination of all billboards shall be by external illumination or light-emitting diode (LED) only. Animated, flashing, revolving, scrolling, rotating and oscillating style signs shall be prohibited. The copy or image on an LED sign shall not change more than once per eight (8) seconds. All copy or image changes shall be instantaneous and shall not fade in or out of the digital active area. Any external illumination shall be shielded as necessary to direct light onto the sign without spillover on any side of the sign. Any resulting glare generated by an off-premises advertising sign shall not exceed one eighth (1/8) foot-candle, as measured on the ground at the curb-line or shoulder, so as not to impair the vision of any motor vehicle driver or otherwise interfere with a driver’s operation of his or her motor vehicle.

         (9)   Luminance. At no point shall the luminance of any or billboard exceed the following:

            (a)   Billboards using external illumination shall not exceed one and seventy-five hundredths (1.75) watts per square foot of board face.

            (b)   LED signs shall not exceed three-tenths (0.3) footcandle over surrounding ambient light levels during daylight hours. They shall be dimmed between dusk and dawn to a maximum illumination of one-fifth (1/5) the permitted daylight luminance.

         (10)   Lot Size. The minimum lot size for a property on which an off-premises advertising sign may be located is ten thousand (10,000) square feet.

         (11)   Maintenance of Sign. All billboards shall be structurally sound and maintained in good condition. If the signs are not structurally sound or maintained in good condition, the signs shall be immediately repaired or removed at the sole cost and expense of the owner of the sign. If a billboard is not structurally sound or remains in poor condition, the Borough shall notify the owner of the property on which the sign is located and provide the owner thirty (30) days written notice certified mail, sent to the owner’s last known address, to repair or remove the sign. If the sign is not repaired or removed within thirty (30) days of the date of the notice, the Borough may remove the sign, and the cost thereof shall be paid by the owner of the property on which the sign is erected.

         The Borough may file a municipal lien against the property or take any action permitted by law to collect the cost of removal if it is not paid by the owner of the property.

         (12)   Sign Arrangement. When two (2) sign faces are used in a back-to-back arrangement on an outdoor advertisement sign or billboard, they shall be parallel, directly aligned with each other and not more than five (5) feet apart. When a V-type sign arrangement is used for two (2) sign faces of any billboard, the sign faces shall not be located more than fifteen (15) feet apart at the furthest point, nor shall the interior angle be greater than forty-five (45) degrees. The rear side of any single-face, billboard shall be of one (1) neutral color, which shall be specified in the order of the Borough Council.

         (13)   Agreement of Property Owner. No part or foundation or support of billboard shall be placed on, in or over any private property without the written agreement of the property owner. The agreement shall be presented as part of the application for said sign permit but the consideration or price figures bargained between the private parties may be redacted.

         (14)   Owner Identification. All billboards shall be identified on the structure with the name of the owner of each sign. The signs within an area regulated by 67 Pa.Code, Chapter 445, shall further be identified with a permit number or tag issued by the Pennsylvania Department of Transportation.

         (15)   Discontinued Sign. A billboard shall be considered a discontinued sign where it has carried no message for a period of one hundred eighty (180) consecutive days or where such sign no longer identifies a bona fide business, commodity, service, entertainment or facility or where the majority of the message on such sign has deteriorated to the condition that it is not clearly discernible. A billboard which has been discontinued shall be presumed to be abandoned and shall constitute an illegal billboard.

      Any period of time for which the discontinued use of a billboard is proved to be caused by government actions, labor strikes, material shortages or acts of god, and without any contributing fault of the owner of the sign or user of the sign, shall not be calculated toward the number of days of discontinued use. Any discontinued billboard shall be removed at the expense of the owner of the sign. In the event that the owner of the sign cannot be ascertained after the Borough’s reasonable inquiry, the discontinued sign and structure shall be removed at the expense of the owner of the property on which the sign is erected.

         (16)   Annual Fee for Billboards.

            (a)   In order for a billboard sign permitted by this Chapter, or one that is already built, to continue to be a lawful use the owner or lessee of such sign shall pay annually to Shamokin Dam Borough the required fee on or before February 1st of each calendar year, and default of such payment shall be considered a violation of this Section, and such sign may be removed as provided for in subparagraph (14) above.

            (b)   On the effective date of this subsection (4) the fee shall be five hundred ($500.00) dollars per face per year and may be modified by resolution of the Borough Council at any time, and shall be kept on file at the Borough office.

         (17)   Additional Regulations. In addition to the requirements contained in this Section, all billboards shall comply with any and all applicable zoning regulations not specifically established herein and any and all Borough, State and/or Federal regulations, including, but not limited to, the Shamokin Dam Building Code [Chapter 5, Part 1], Uniform Construction Code [Chapter 5, Part 5], and all applicable Pennsylvania Department of Transportation regulations. [Ord. 2014-4]

(Ord. 87-8, 12/10/1987; as amended by Ord. 2014-4, 4/7/2014, §2)