The fence is equipped with a gate that can be closed with a childproof latch when the pool is not in use; and

The height of the fence above the entrance level of the pool is not less than 30 inches.

A minimum of 32.5 square feet (302 square decimeters), 50% less space of accessible outdoor play space, shall be required for each infant; a minimum of 48.89 square feet (453 square decimeters), 25% less space of accessible outdoor play space, shall be required for each child from age 18 to 24 months;

Less outdoor space, if it is offset by a large indoor activity room, as long as the 65 square feet (604 square decimeters) per child requirement is met and the indoor activity room provides for equivalent activity as outdoor play space; and

Less outdoor space if it is scheduled for alternate use, provided that the 65 square feet (604 square decimeters) per child requirements is met for each child based on the number of children using the space at any one time.

If there are unsafe areas, such as open drainage ditches, wells, holes, or heavy street traffic, in or near the outdoor play space, there shall be fencing to restrict children from these areas.

Who is proposing the action?

What is the nature of the action to be taken?

What is it designed to accomplish? What identified needs will be met and to what degree?

Where will it take place?

When will it take place? Indicate phasing of acquisition and development activities, if applicable, and timetables for completion.

How does it fit in with local planning efforts, Comprehensive Plans, etc.?

Present and past land uses of the site and of the surrounding area.

Special topographic features which may be present.

Describe the site's surface and subsurface geologic characteristics.

Describe the nature of the soils in the area, particularly their fertility and susceptibility to erosion.

Describe the area's water resources, with specific reference to groundwater, water quality, aquifers and aquifer recharge areas, and areas subject to flooding.

Describe the area's vegetation, including species composition, distribution, commercial utility and aesthetics. Special reference should be made to unusual or unique species.

Describe the nature of existing transportation routes in the immediate area and the accessibility to the project site.

What will be the effect on land uses in the area?

Will the project affect a site listed on the National Register of Historic Places?

In what way will soils and topography be affected? Consider such things as soil compaction, erosion, exposure of slopes, excavation which may create unstable slope/soil configurations, cutting and filling, removal of topsoil, paving, loss of existing natural landscape qualities, blockage of viewlines to landmarks, blockage of view corridors, etc.

Will solid wastes be generated? How and where will they be disposed of? Indicate what types and volumes will be generated and how and where it will be stored prior to disposal and method of disposal. Discuss removal of clearance, demolition, and construction wastes.

How will water resources be affected? Consider the water table, runoff, sewer systems, rivers and streams, water supply, etc. Indicate content of any effluent which will be discharged. Address loss of floodwater absorption capacity in natural absorption areas, effects on stream volume, velocity, and seasonal flows, diversion or blockage of surface water, alterations of natural watercourses, introduction or increase of effluents or toxic, hazardous, or radioactive substances to runoff or water bodies, effects on aquatic life, any blockage or impairment of access to watercourses, effects on groundwater recharge, release of groundwater supply, withdrawal of groundwater supplies, blockage of groundwater flow, contamination of groundwater supply, effect on water temperatures, sedimentation, changes in levels of water bodies.

How will vegetation be affected? Discuss the removal of ground cover, loss of valuable local species, loss of wildlife habitat, introduction of vegetation which will spread to adjacent lands, introduction of exotic vegetation, creation of areas of highly visible, drying, or decaying vegetation.

How will fauna be affected? Consider habitat destruction, reduction of population, impact caused by human intrusion, mobility restrictions, food chains, etc.

How will transportation routes be affected? Consider congestion, hazards, capacities of affected roads and intersections and traffic to be generated, generation of truck traffic.

Effect on air quality and ambient noise level? Include what odors will originate; types and concentrations of gases, vapors, particulates, and smoke; noise and vibration levels at property lines and the level of heat and/or glare. Indicate levels of electromagnetic radiation at property lines. Indicate effects on local temperatures and wind circulation and whether there are any plants, animals, or materials in the area that are particularly susceptible to expected emissions. Indicate the nature, concentration and quantity of radioactive material to be discharged to the environment, pathways for entering the environment, dose to populations and biota, and possible concentrations through food chains.

Describe management practices proposed for the area.

What are the impacts of the proposal in the context of other similar projects? In what way will future generations be affected by the currently proposed actions?

How do the immediate and long-range impacts on the area with the project compare with the immediate and long-range impacts without the project?

Identify alternatives which may be considered, including modification of the present proposal and different approaches to gaining the same result.

The beneficial and adverse effects of the alternatives should be discussed, along with the reasons for rejection, where appropriate, consideration should be given to alternate construction methods which may avoid environmental degradation.

Front yard: no structure shall be located nearer to a front street property line than 40 feet.

Rear yard: no structure shall be located nearer to a rear property line than 50 feet.

Side yard: no structure shall be located nearer to a side property line than 50 feet.

No building wall shall be located closer to another building than a distance equal to the height of the taller building of the two, but in no case less than 50 feet.

A grading plan with contour intervals of not more than five feet, including the name and the seal of the responsible professional who prepared the plan.

A stormwater management plan, including calculations to show any changes that may occur in the rate and volume of runoff following the completion of grading activities, including the name and the seal of the responsible professional.

Such plans and calculations shall be prepared in accordance with the requirements of Chapter 152, Stormwater Management.

The application shall also include the name of the owner and the proposed use of the land following grading.

A map in duplicate drawn to scale of not less than one inch equals 200 feet, which outlines the entire proposed area to be strip mined and shows the surface features, including buildings, dwellings, schools, railroads and highways within a distance of 500 feet from the perimeter of the proposed strip mining operation. In addition, said map will indicate the approximate or proposed depth of said strip mining and the number of surface acres of land proposed to be stripped.

A bond payable to the Borough of Taylor conditioned on saving the Borough and its officials of and from any and all claims, suits or demands caused by any blasting. The amount of said bond shall be set by an engineer designated by the Council, but in no case shall the amount be less than $1500 per acre of land to be stripped. Such bond shall be signed by the applicant and a corporate surety licensed to do business in the State of Pennsylvania, or the applicant may elect to deposit cash or United States Securities in lieu of surety bond. Upon covering the exposed surface and approval thereof by the engineer, the Borough will release the applicant and his surety from their bond.

A certificate of insurance with limits of $100,000 for personal injuries and $300,000 for property damage for the benefit of all persons who might be injured or suffer property damage as a result of said strip-mining operations.

A surface water management plan and a storm drainage plan.

Primary streets: 4%.

Secondary streets: 7%.

Minor streets: 12%.

Single-family detached. Although the average minimum lot area per dwelling unit shall not be less than the minimum area requirement for the district where the development is located, the size of each lot may be reduced as needed, to not less than 2/3 of the minimum required in the R-1 District, but the average area per dwelling unit, within each development section including open space shall not be less than the minimum otherwise required for the R District where located.

Two-family dwellings, garden apartments and other multifamily dwellings. The average minimum lot area per dwelling unit shall not be less than the minimum area required for each respective type of dwelling structure in the district where such principal permitted uses are first permitted. The dimensions of each individual lot may, however, be reduced by not more than 1/3 of the minimum requirement, provided that the average lot area per dwelling unit within each development district shall not be less than the area otherwise required.

One-family and two-family dwellings, detached: 100 feet.

One-family and two-family dwellings, semidetached: 80 feet for each side.

One-family dwellings, attached (townhouses): 20 feet per dwelling unit plus an additional 25 feet at each end of all rows.

Multifamily garden apartments: none.

Other multifamily dwelling structures: none.

Side yards adjoining public rights-of-way or other thoroughfares shall be not less than 25 feet.

All other distances between buildings shall be as set forth under §§ 180-28A(2) and 180-30B(1) hereof.

There shall be not more than one such sign for each commercial establishment, but there may be a maximum of one additional sign identifying the large-scale development and the occupants thereof; provided, however, that where there is more than one main entrance, such signs may be erected at each entrance.

Signs identifying a large-scale commercial development may be freestanding or attached to a wall or fence.

Any freestanding sign shall be located at the entranceway of the use which it identifies. No such freestanding sign shall extend more than 30 feet above the mean ground level where it is located.

No sign identifying a building group shall have an area of more than 10% of the vertical wall area of the front of the building nor shall the total area of the sign of each tenant exceed 10% of the vertical building wall area of the front of the space occupied by the tenant.

The lesser dimension of any sign shall not exceed five feet; provided, however, that for large-scale development signs, this provision shall not apply.

Except for signs identifying the large-scale development, all signs shall be attached to the principal buildings.

No business sign shall project more than two feet from the building facade to which it is attached.

No business sign shall be erected or maintained upon the roof of a building nor shall any sign extend above the roof of a building a distance of more than five feet; provided, however, that a business sign may be affixed to a parapet. It may not extend above the top of the parapet, except that it may extend not more than five feet above the roof of the building and no such sign shall project more than one foot from the parapet.

The area of any sign shall include the entire face of the sign and any structural work incidental to its erection and/or decoration. If the sign is composed of individual letter, figures or designs, the space between and around such letter, figures, or designs shall be considered as part of the area.

Plans showing proposed location and design of all signs, including direction traffic signs and parking signs shall be submitted to the Planning Commission for its review and recommendation to the Zoning Hearing Board, which shall be responsible for approval. In granting such approval, special attention shall be given to considerations of safety and convenience of traffic movement, and the appropriate and harmonious relationships between buildings, structures, and signs, both on the site and in adjacent areas.

Proper arrangement of signs and lighting devices with respect to traffic control equipment and adjacent residential districts shall be observed.

Directional signs indicating the location of the occupant(s) may be erected and maintained; provided, however, that the size of such sign shall not exceed an area of six square feet nor a length of four feet, and provided further that there shall be not more than one such sign for each entrance to any premises.

All applications for the location of telecommunications towers and telecommunications facility buildings are subject to the requirements of Chapter 157, Subdivision and Land Development, and are subject to the 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.

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:

Telecommunications towers shall be no closer than 500 feet from another telecommunications tower, nor less than 500 feet from a residential zone or a residential structure.

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 must execute an agreement with the Borough, in a form legally sufficient to the Borough, requiring the removal of the telecommunications tower within one year after the telecommunications tower ceases to function as such.

Except when located on the roof of a building, a security fence, 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 constructed of chain-link fencing.

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 § 180-31 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 an 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-wide 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.

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. No telecommunications antennas shall exceed a height of 20 feet above the structure or building to which it is attached.

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 B(4) shall not apply to a 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 Subsection B(4)(e)[3] and [4].

Allowed locations. In C districts and M Districts, they shall be allowed anywhere on the site or on the building. 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 on the roof of the building to which they are appurtenant. If they are to be located on the roof of the building, a special satellite reception permit shall be required as specified in Subsection B(4)(e)[2] 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 20 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.

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 Danville 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 (I 976), 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. TDBA "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:

Regulate adult business in order to promote the pubic 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 PA Crime Code or PA Obscenity Code.

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

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 § 180-33B(5) 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 § 180-33B(5) 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 B(5) 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 B(5).

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 B(5) that a person appearing in a state of nudity did so in a modeling class operated:

Signs.

Other visible messages. 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.

Signs indicating the name or address of the occupant, or a permitted home occupation, provided that they shall not be larger than two square feet in area. Only one such sign per dwelling unit shall be permitted, except in the case of corner lots, where two such signs (one facing each street) shall be permitted for each dwelling unit.

For buildings other than dwellings, a single identification sign not exceeding six square feet in area and indicating only the name and address of the building and the name of the management may be displayed, provided that on a corner lot, two such signs (one facing each street) shall be permitted.

The size of any such sign is not in excess of six square feet; and

Not more than one sign is placed upon any property unless such property fronts upon more than one street, in which event one more sign may be erected on each additional frontage.

The size of any such sign is not in excess of 20 square feet; and

Not more than one such sign is placed on a property, unless such property fronts upon more than one street, in which event two such signs may be erected, one on each frontage.

The size of any sign is not in excess of 20 square feet.

Not more than two signs are placed upon any property, unless such property fronts upon more than one street, in which event, two such signs may be erected on such frontage; and

Any such signs except signs identifying the development shall be removed by the developer within 30 days of the final sale of property.

The size of any such sign is not in excess of six square feet, and not in excess of four feet in length; and

Not more than one such sign is erected on each 500 feet of street frontage.

The size thereof is not in excess of 12 square feet; and

Such signs are removed promptly upon completion of the work.

The applicant shall provide the Borough Council with evidence of adequate liability insurance in an amount to be determined by the Borough on a case-by-case basis, as well as evidence of adequate resources to assure the safety of the participants and the surrounding area.

Provide bathroom facilities.

Provide a site plan showing location of structure(s), parking layout, and ingress and egress.

Provide one or more container(s) adequate for trash removal.

A relatively flat or low land area adjoining a river, stream or watercourse which is subject to partial or complete inundation;

An area subject to the unusual and rapid accumulation or runoff of surface waters from any source.

Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or

Any alteration of an historic structure, provided that the alteration will not preclude the structure's continued designation as an "historic structure."

Inflammable solids.

Oxidizing materials.

Highly toxic materials.

Radioactive materials.

Potentially explosive materials.

Pesticides or insecticides.

Corrosive liquid.

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.

The Borough Council shall approve, approve with conditions, or disapprove the application under the provisions of this chapter within 60 days after a hearing.

The period in which the Borough Council shall take action may be extended with the written consent of the applicant.

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 windmills and other structures proposed.

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

A description of the noise generated by the windmills.

The make, model and manufacturer of any proposed windmill.

A visual analysis of the wind farm 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 windmills are constructed to a height no greater than the minimum required to function to industry standards. The wind farm shall comply with any applicable Airport Hazard Zoning Ordinance.

Blade height. The minimum height between any windmill 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 farm and individual windmills 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 windmills 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 farm is compatible with the surrounding landscape.

Controls and braking. All 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 regulation 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.

Separate parcel. If the parcel on which the wind farm is a separate and distinct parcel, the required minimum lot size shall apply; and, in all cases, the lot shall be of such size that all required setbacks are satisfied.

Lease, license or easement. If the land on which the wind farm is leased, or is used by license or easement, the setback for any windmill, the support structure, equipment containers, other accessory structures, and guy wire anchors shall be a minimum of 30 feet from the line of lease, license or easement. In any case, no windmill, including the blades, shall be located closer to any property line (not lease, license or easement line) than its height plus 30 feet.

Setbacks from occupied buildings.

Setback from property lines. All wind turbines shall be set back from the nearest property line a distance of not less than the normal setback requirement of the zone where it is located or 1.1 times the turbine height, whichever is greater, as measured to the center of the wind turbine base.

Access to the wind farm shall be provided by means of a public street or easement to a public street. All access easements shall be a minimum of 20 feet in width and shall be improved to a width of at least 10 feet with a durable, dust-free, all-weather surface. No access easement shall exceed a grade of 15%.

The applicant shall provide a route of travel plan detailing which roads through the Borough will be used to access the wind farm during construction and for any maintenance activities requiring the use of heavy trucks.

The Borough may require a bond, letter of credit or other financial guarantee to ensure that any damage to Borough roads caused by the construction or operation of the wind farm is repaired at the cost of the person causing such damage. The amount of the bond shall be based on the extent of the operation, the Borough roads used by the operation and the recommendation of the Borough Engineer, and the term and form of the bond shall be approved by the Borough Solicitor.

The minimum lot area, minimum setbacks and maximum height required by this chapter for the wind farm 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 farm 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.

No signs or lights shall be mounted on any windmill except as may be required by this chapter, the Federal Aviation Administration, or other governmental agency which has jurisdiction.

No windmill shall be artificially lighted, except as required by the Federal Aviation Administration or for security purposes approved as part of the zoning permit. No approved security light source shall be exposed to the eye except those covered by globes or diffusers so that the lights are fully shielded to project the light below the horizontal plane of the lowest point of the fixture. Other lighting shall be indirect or surrounded by a shade to hide visibility of the light source. No direct or sky-reflected glare, whether from overhead lighting or floodlights shall be permitted.

The applicant shall provide a copy of the response to Notice of Proposed Construction or Alteration forms submitted to the FAA and PennDOT Bureau of Aviation; and, the wind farm and support structure shall comply with all FAA and PennDOT requirements.

Existing vegetation on and around the site shall be preserved to the greatest extent possible.

Landscaping installation and maintenance may be required to screen as much of the windmills as possible, the fence surrounding the support structure, any other ground level features (such as a building), and, in general, buffer the windmills and other structures from neighboring properties and the sight lines from prominent viewing locations.

The Borough Council may permit any combination of existing vegetation, topography, walls, decorative fences or other features instead of landscaping, if they achieve the same degree of screening as the required landscaping.