Wellsboro City Zoning Code

Adequate, safe, and convenient facilities for pedestrian and motor vehicles, including roadways, driveways, off-street parking and loading, sidewalks, malls, screening and landscaped areas to serve the project shall be provided. See Part 14 for supplemental regulations that may apply;

The proposed use shall maintain or enhance the character of the area in which it is proposed to locate;

A proposed use shall be located so as not to hinder the natural or presumed development of the area, or detract from the value of existing development;

A proposed use shall not constitute a safety or health hazard, a nuisance, or have a noxious effect on the surrounding area either due to appearance or operations;

It shall be demonstrated that the operating requirements of the proposed use shall necessitate the location of such use or building within the vicinity served by the proposed location;

Special exception or conditional uses proposed for residential districts are deemed most appropriate for prominent locations along collector streets, at corner locations and in areas of existing mixed residential and nonresidential uses. Such use is not appropriate at locations in neighborhoods which are primarily residential in nature and where traffic impacts would be disruptive to the residential character;

The use or adaptation of a structure or lot in a residential district for a special exception or conditional use shall not involve the destruction of open spaces, lawns, landscaping and trees except for changes made to meet parking, screening or other requirements set forth by this chapter or approving board;

In the event sewer and water facilities are required for the proposed use, it shall be the applicant's responsibility to provide those facilities. DEP approved on-lot facilities may be acceptable for the following uses: junkyard or salvage yard; outdoor recreation use (other than recreation vehicle park, marina, or campground uses); professional fffice; public or quasi-public use; or retail, wholesale, office, printing, or repair business;

Stormwater management facilities shall be provided which shall be designed to create no increase in the rate of runoff of stormwater by providing controlled release and recharge area (see the Borough's Subdivision and Land Development Ordinance for standards); evidence of maintenance and liability responsibilities shall be demonstrated; and facilities shall not conflict with pedestrians, motor vehicles, and adjacent property owners;

Compliance with the floodplain regulations of the Borough and the commonwealth, if applicable, shall be demonstrated prior to granting the zoning approval;

Permanent screening and landscaping shall be provided in accord with Part 14 to shield adjacent residential districts, or uses from parking lots, illumination and headlights, noise, and other objectionable influences and to enhance the overall appearance of the community;

Lighting facilities shall be designed to ensure that glare and direct illumination does not occur onto adjacent properties and roadways;

Sites shall be designed and constructed in accord with the Borough's Subdivision and Land Development Ordinance;

Information on the method of municipal waste collection and disposal shall be presented by the applicant;

Sites shall be designed as a unit for development in their entirety under single ownership and control; or satisfactory condominium arrangements shall be demonstrated; and

All lots and buildings shall have access by way of an internal street system and shall have convenient emergency vehicle and equipment access.

Adult entertainment uses shall not be located within 1,000 feet of any residential structure or district; within 2,000 feet of any church, school, cemetery, park, or playground; or within 2,000 feet of any other adult entertainment use.

Demonstration that the facilities will not create nuisance conditions for adjoining properties due to noise or odor.

Demonstration that all animals will be confined to the property.

Demonstration of adequate methods for sanitation and sewage disposal.

A site plan drawn to scale shall accompany the application indicating parking facilities, screening and landscaping, driveways, sidewalks, buildings, runs, and other physical features, existing and proposed.

No automotive repair facility or service station shall have an entrance or exit for vehicles within 300 feet of any school, playground, church, or public place of assembly.

Gasoline pumps or other fuel dispensing devices shall be no closer than 30 feet to any street right-of-way line.

All fuel, oil, propane gas, or other similar substances shall be stored at least 30 feet from any street right-of-way or property line. Additional permits may be necessary to meet state requirements regarding storage tanks.

All repair work (excluding preventive maintenance, minor adjustments and work on large vehicles or equipment) shall be performed within a structure. All repair materials, including new, used, discarded or unusable parts of any vehicle, shall be stored within a building or dumpster.

Body work or painting of vehicles may be permitted only where the operation is to be conducted within an enclosed structure and where such structure meets the regulations of the PA Department of Labor and Industry and PA Department of Environmental Protection and is designed to contain all noise, vibrations, dust, and odor generated by the activity.

(Reserved)[1]

No more than three vehicles may be offered for sale at any one time at an automotive repair facility or service station.

Screening or landscaping shall be provided in accord with § 27-1411 when this use is adjacent to residences, churches or similar uses.

Intent. A bed-and-breakfast inn shall provide temporary travelers' accommodations and breakfast in a single-family residence for a fee, on a daily or weekly room rental basis.

Standards.

Building-mounted communications antennas shall not be permitted on any single-family dwelling or two-family dwelling.

Building-mounted communications antennas shall be permitted to exceed the height limitations of the applicable zoning district by no more than 20 feet.

Omni-directional or whip communications antennas shall not exceed 20 feet in height and seven inches in diameter.

Directional or panel communication antennas shall not exceed five feet in height and three feet in width.

Any applicant proposing communications antennas to be mounted on a building or other structure shall submit evidence from a Pennsylvania-registered professional engineer certifying that the proposed installation will not exceed the structural capacity of the building or other structure, considering wind and other loads associated with the antenna location.

Any applicant proposing communication antennas to be mounted on a building or other structure shall submit detailed construction and elevation drawings indicating how the antennas will be mounted on the structure for determining compliance with this chapter and with any applicable building code or other law.

Any applicant proposing communication antennas to be mounted on a building or other structure shall submit evidence of agreements and/or easements necessary to provide access to the building or structure on which the antennas are to be mounted so that installation and maintenance of the antennas and communication equipment building can be accomplished.

Communications antennas shall comply with all applicable standards established by the Federal Communication Commission governing human exposure to electromagnetic radiation.

Communications antennas shall not cause radio frequency interference with other communications facilities located in the Borough.

A communication equipment building shall be subject to the height and setback requirements of the applicable zoning district for an accessory structure.

The applicant shall demonstrate that it is licensed by the Federal Communications Commission to operate a communications tower, if applicable, and communications antennas.

The applicant shall demonstrate that the proposed communications tower and communications antennas proposed to be mounted thereon comply with all applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation.

Communications towers shall comply with all applicable Federal Aviation Administration, Commonwealth Bureau of Aviation and applicable airport zoning regulations.

Any applicant proposing construction of a new communications tower shall demonstrate that a good faith effort has been made to obtain permission to mount the communications antennas on an existing building, structure or communications tower. A good faith effort shall require that all owners of potentially suitable structures within a 1/4 mile radius of the proposed communications tower site be contacted and that one or more of the following reasons for not selecting such structure apply:

Access shall be provided to the communications tower and communications equipment building by means of a public street or easement to a public street. The easement shall be a minimum width of 20 feet.

A communications tower may be located on a lot occupied by other principal structures and may occupy a leased parcel within a lot meeting the minimum lot size requirements for the zoning district.

Any applicant proposing a communications tower shall submit detailed construction, plan view and elevations drawings for determining compliance with all applicable provisions of this chapter.

Recording of a plat of subdivision or land development shall not be required for a lease parcel on which a communications tower is proposed to be constructed, provided the communications equipment building is unmanned.

The applicant shall demonstrate that the proposed height of the communications tower is the minimum height necessary to perform its function.

The foundation and base of any communications tower shall be set back from property line (not lease line) when adjoining or located in any residential district at least 100 feet and shall be set back from property lines (not lease line) in all other districts at least 30 feet.

The base of a communications tower shall be landscaped so as to screen the foundation and base and communications equipment building from abutting properties.

The applicant shall submit certification from a Pennsylvania-registered professional engineer that a proposed communications tower will be designed and constructed in accordance with the current structural standards for steel antenna towers and antenna-supporting structures, published by the Electrical Industrial Association/Telecommunications Industry Association and any applicable building code.

The applicant shall submit a copy of its current Federal Communications Commission license; the name, address and emergency telephone number for the operator of the communications tower; and a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the communications tower and communications antennas.

All guy wires associated with guyed communications towers shall be clearly marked for the first eight feet from ground level so as to be visible at all times and shall be located within a fenced enclosure.

The site of a communications tower shall be secured by a fence with a height of eight feet to limit accessibility by the general public.

No signs or lights shall be mounted on a communications tower, except as may be required by the Federal Communications Commission, Federal Aviation Administration or other governmental agency which has jurisdiction. If lights are required, the use of white strobe lights shall be restricted to daylight hours only and shall be the minimum power necessary for the application. During nighttime hours, only red lights may be utilized.

Communications towers shall be protected and maintained in accordance with the requirements of any applicable building code.

If a communications tower remains unused for a period of 12 consecutive months, the owner or operator of a communications tower or the property owner shall dismantle and remove the communications tower within six months of the expiration of such twelve-month period. The property owner shall be responsible for removal of a communications tower in the event that the owner or operator fails to perform the removal.

One off-street parking space shall be provided within the fenced area.

A site plan shall be provided showing the tract of ground on which the use is proposed and illustrating the location of all existing and proposed buildings and structures to be used as part of the facility.

An explanation of the traffic, sanitary and environmental safety measures to be utilized and made operational before commencing operations.

An indication as to how the light fixtures to be used for security and night operations are to be designed and positioned to avoid directing glare onto adjacent roadways and neighboring properties thereby preventing nuisance effects associated with the lighting.

A written commitment shall be presented, signed by the highest responsible official, indicating what operational policies, practices (including the size of the inmate population) and staffing plans are to be utilized and that they will provide ongoing security and control to prevent unauthorized trespass on adjacent properties or unreasonable risk to the safety of nearby resident.

An emergency response plan shall be provided which guarantees that the facility owner will either provide directly or provide to the Borough whatever supplemental equipment, personnel, and financial resources are deemed necessary by the Borough to properly train and develop the necessary capability for response to fire, explosion, riot, epidemic, or other potential incident.

A communications plan shall be provided which defines in detail the manner in which Borough officials, broadcast and print media, and all appropriate public safety officials will be notified and fully briefed on reportable incidents, including their ultimate disposition and preventive measures being undertaken to prevent their recurrence, as well as a mechanism for advisory input from the Borough to the owner.

A manpower chart which identifies the on-site or parent organization chain of command by position and name.

A maintenance plan which assures that the physical appearance of the facility will be kept in a sanitary and secure condition and will not adversely affect neighboring properties.

All permits, licenses and approvals required from federal or state agencies must be secured by the applicant and submitted to the Borough as part of the application for the corrective or penal facility. Revocation or suspension of any of these approvals will constitute an automatic revocation of the Borough Zoning Permit.

Nothing in this section is intended nor shall be interpreted to attempt to regulate those aspects of corrective or penal facilities which are specifically regulated by the Pennsylvania Department of Corrections or the U.S. Department of Justice, provided that the essential precautions are defined by such regulations in as much detail as required herein.

A day-care center shall be located in an area that is free from conditions dangerous to the physical and moral welfare of the children.

At least 100 square feet per child of well-drained, completely fenced outside play area, not including drives, parking areas or land otherwise unsuitable, shall be provided.

At least 35 square feet per child of soundly constructed inside play area, not including bathroom, hallways, and other areas unsuited for play shall be provided.

The applicant shall provide such certification or documentation as necessary to show that the plans for the proposed day-care center meet, where applicable, the licensing requirements of the Commonwealth of Pennsylvania Department of Public Welfare, Education, and Environmental Protection.

A building floor plan shall be provided, drawn to scale, and showing the use and dimensions of each room and the location of entrances and exits.

A site plan shall also be provided, drawn to scale, and clearly showing the following:

The family based group home shall be limited to residential uses only. Offices of public agencies, services to nonresidents (e.g. counseling services), and other similar nonresidential activities shall be excluded from this use.

No family based group home shall be established within 500 feet of another family based group home or a group care facility.

The family based group home shall be similar in appearance to a single-family dwelling in the neighborhood.

The family based group home zoning approval shall be transferable from the original applicant to a new operator provided there is no change in the size, clientele or agency affiliation. In the case of changes, the zoning approval shall not be transferable.

The family based group home zoning approval shall be revoked if the group home fails to meet approved conditions at all times.

Off-street parking spaces shall be provided for all vehicles associated with the family based group home including the householder, residents, attendant caregivers, and visitors (see § 27-1409(2))

Off-street automobile parking and assembly area shall be provided for vehicles to be used in a funeral procession. This area shall be in addition to the off-street parking spaces required for this use as stipulated in section.

The group care facility shall be limited to residential uses only. Offices of public agencies, services to nonresidents (e.g. counseling services), and other similar nonresidential activities shall be excluded from this use.

The group care facility shall maintain a residential neighborhood character.

The group care facility zoning approval shall be transferable from the original applicant to a new operator provided there is no change in the size, clientele or agency affiliation. In the case of changes, the zoning approval shall not be transferable.

The group care facility zoning approval shall be revoked if the group home fails to meet approved conditions at all times.

Off-street parking spaces shall be provided for all vehicles associated with the group care facility including the householder, residents, attendant caregivers, and visitors (see § 27-1409(2)).

The home-based business shall be compatible with the residential character of the dwelling or the immediate vicinity. The home-based business shall not produce offensive noise, vibrations, dust, odors, pollution, interference with radio or television reception, traffic congestion, or other objectionable conditions which are audible, visible, or otherwise detectable by human senses at the property line.

A home-based business may be conducted inside the dwelling or within an accessory building or garage, but shall not occupy an area exceeding 60% of the ground floor area of the dwelling.

The business shall be conducted by a resident of the dwelling, and no more than two full-time equivalent employees shall be employed in the business.

All parking shall be off-street. A minimum of two off-street spaces shall be provided in addition to that required of the residential use.

The home-based business shall be carried out entirely within the dwelling or accessory structure. There shall be no outside storage or sales areas associated with the home-based business.

No show windows or advertising outside of the premises shall be permitted other than one sign or name plate which shall not exceed four square feet in area.

The home occupation shall be clearly incidental or secondary to the use of the property as a residence and the use of the dwelling shall not change the character thereof or show any exterior evidence of such secondary use other than one sign or name plate not exceeding four square feet (see Address Sign - Section 13.12.2.1).

Home ocupations shall be limited to the employment of not more than one full-time equivalent assistant outside of the immediate family at any one time.

The home occupation shall be conducted wholly within the dwelling and shall not occupy more than 40% of the area of the first floor of the dwelling, nor more than 1,000 square feet. The floor area standards shall not apply to family day-care homes.

All parking shall be off-street. A minimum of two off-street spaces shall be provided in addition to that required of the residential use.

The sale of goods shall be secondary to the occupation or service provided.

Any home occupation which creates objectionable noise, fumes, odor, dust, electrical interference, or excessive traffic shall be prohibited.

Industrial operations shall abut or provide direct access to a highway which is capable of accommodating heavy trucks and industrial employee and related traffic.

At least 75% of all operations shall occur within an enclosed structure excepting necessary and required off-street parking and loading facilities. All such uses which may occur outside of an enclosed structure, except off-street parking and loading facilities, shall be enclosed in a permanent fence or wall at least six feet in height. Such a fence shall not interfere with traffic safety or intersection visibility.

Manufacturing uses generating noises, vibration, radioactivity, toxic or noxious materials, glare, heat, dust, fly ash, smoke or odors shall address such problems in building construction, and screening for sound absorption, larger critical dimensions, or other methods as may be required by the Municipality.

Such uses shall be conducted within a building or entirely enclosed within a fence or wall not less than eight feet in height and made of suitable, permanent material. In addition, a buffer yard and/or landscaping as set forth in § 27-1411 of this chapter may be required. No part of any buffer yard may be used for the storage of any materials or parts associated with the operation.

Such premises shall at all times be maintained so as not to constitute a nuisance or a menace to the health of the community or of residents nearby or a place for the breeding of rodents and vermin.

No garbage or other organic waste shall be stored in such premises.

All junk shall be stored or arranged so as to permit access by fire-fighting equipment and to prevent the accumulation of water. No junk shall be piled higher than two feet below the height of the fence or wall which encloses the facility, and shall not exceed a maximum height of eight feet.

No oil, grease, tires, gasoline or other similar material shall be burned at any time, and all other burning shall be controlled at all times.

No junk material, appurtenant structure, related activity or other enclosure shall be stored, placed, located or conducted within 50 feet of any adjoining property line, public street right-of-way, body of water, stream or wetland. No weeds or scrub growth over eight inches in height shall be permitted to grow within this setback area. Where determined appropriate by the Borough, the applicant may be required to prepare and submit a soil erosion and sedimentation control plan and NPDES permit for his facility.

The applicant shall demonstrate compliance with all pertinent environmental requirements including floodplain, wetland, erosion and sedimentation control, and surface mining regulations.

This use shall not be permitted within 100 feet of the outside line of the right-of-way of any public highway or within 300 feet of any occupied dwelling, unless the consent to do so is released by the owner thereof, or any public building, school, park, or community or institutional building.

This use shall not be permitted within 100 feet of any cemetery or the bank of any stream.

The applicant shall submit an appropriate screening plan which may make use of spoils material provided that it shall be neatly graded and vegetated. Screening may be located within the restricted zones noted above.

Community and Environmental Impact Analysis. Applicants shall submit a community and environmental impact analysis which shall consist of the following information:

Whenever, under this chapter, a use is neither specifically permitted or denied, and an application is made by an applicant to the Zoning Officer for such a use, the Zoning Officer shall refer the application to the Borough Council to hear and decide such request as a conditional use. The Borough Council shall have the authority to permit the use or deny the use in accordance with the standards governing conditional use applications set forth in § 27-1702 of this chapter. In addition, the use may only be permitted if:

The burden of proof shall be upon the applicant to demonstrate that the proposed use meets the foregoing criteria and would not be detrimental to the public health, safety and welfare of the neighborhood where it is to be located.

No application considered for a conditional use under this section shall be processed unless fully permitted by the Pennsylvania Department of Environmental Protection, the United States Environmental Protection Agency, and such other federal or state agencies as required under the applicable enabling statutes.

All facilities considered for a conditional use under this section shall not be located in the following locations (as measured from the property line of the waste storage or processing facility):

Community and Environmental Impact Analysis. Applicants shall submit community and environmental impact analysis which shall consist of the following information:

Application Requirements. The applicant shall submit the following information pertaining to the site or project:

The applicant shall demonstrate compliance with all pertinent environmental requirements, including but not limited to floodplain, wetland, water quality, erosion and sedimentation control, and all oil or gas exploration and oil or gas drilling statutes and regulations.

Prior to beginning any oil or gas exploration or oil or gas drilling, the applicant shall submit to the Borough a copy of all permits issued by the Pennsylvania Department of Environmental Protection (PA DEP), the Environmental Protection Agency (EPA), the Susquehanna River Basin Commission (SRBC), or any other regulatory agency. In addition, the applicant shall provide the Borough with copies of all plans (erosion, sedimentation control, grading, etc.) required by PA DEP, EPA, SRBC, or any other regulatory agency. The applicant must maintain all required permits throughout the duration of all oil or gas exploration and oil or gas drilling operations. Any suspension or revocation of permits by PA DEP, EPA, SRBC or any other regulatory agency shall be reported to the Borough, shall constitute a violation of Borough zoning approval and may result in the suspension or revocation of zoning approval. No oil or gas drilling or oil or gas exploration, other than minimal landscaping, shall take place until Borough approval of conditional use is granted.

The applicant shall provide the Borough with the name of the person or persons supervising the oil or gas exploration or oil or gas drilling operations and a phone number where such person or persons can be reached 24 hours a day.

Oil or gas drilling and oil or gas exploration shall not be permitted within 100 feet or the outside line of the right-of-way or any public highway or within 300 feet of any occupied dwelling, or any public building, school, park or community or institutional building.

Oil or gas drilling and oil or gas exploration shall not be permitted within 100 feet of any cemetery or the bank of any stream.

A conditional use application for oil or gas drilling or oil or gas exploration shall be accompanied with written permission from the property owner(s) who have legal or equitable title to the surface of the areas subject to proposed oil or gas exploration or oil or gas drilling.

After oil or gas exploration or oil or gas drilling operations are complete, the applicant shall clean the site, complete all restoration activities and repair any damage to public property caused by such operations within 60 days, or the minimum time period permitted by law.

After any spill, leak or malfunction, the applicant shall remove or cause to be removed to the satisfaction of the PA DEP, EPA, SRBC or any other applicable regulatory agency inspectors all waste materials from any public or private property affected by such spill, leak or malfunction. Clean up operations must begin immediately upon knowledge that a spill, leak or malfunction occurred.

Community and Environmental Impact Analysis. An environmental impact analysis statement shall be submitted to the Borough prior to approval for oil or gas drilling or oil or gas exploration uses. The person(s) drafting the statement shall be qualified and have prior approval by the Borough. The purpose of the statement is to determine the impact of the project on the environment of the existing site and the resultant changes the proposal will have on the immediate site and surrounding area so that the Borough can make informed decisions relating to the proposed action. The statement shall consist of the following information:

The Borough of Wellsboro reserves the right to impose any additional conditions necessary to protect the public health, safety and welfare of its residents in order to address any unique characteristics of a particular site for oil or gas exploration or oil or gas drilling.

Proposed Site Location Statement. A proposed site location statement and agreement indicating areas proposed for excavation, roadways, driveways, buildings and other structures, water bodies, and screening areas and materials shall be submitted with the conditional use application prior to the granting of permission for gas or oil drilling or gas or oil exploration in a Rural Residential District. The proposed site location statement and agreement shall specify the terms, conditions and provisions under which oil or gas drilling or oil or gas exploration will be conducted, including but not limited to the following:

The minimum lot size for the conditional uses of oil or gas drilling and oil or gas exploration shall be two acres.

A transportation plan shall be submitted to the Wellsboro Borough Council for the conditional use of oil or gas drilling and oil or gas exploration. This plan shall show the width, bearing capacity and type of road surface of all Wellsboro Borough roads used by all truck traffic to or from each drilling or exploration site and the weight of all vehicles expected to be used. The plan shall pay careful attention to the impact of truck activity upon any school bus using the same road. This plan will be completed by a professional engineer with experience in transportation analysis and planning. The engineer will be chosen from a list of such persons submitted to the Borough by the applicant for the conditional use. The person(s) chosen must meet with the satisfaction of the Borough. Conditional use applicants must assume the cost of such transportation plan. Should the transportation plan indicate that the conditional use of oil or gas drilling and oil or gas exploration will pose a significant transportation hazard to other users of Borough roads, permission to site the conditional use may be denied.

The operator of any oil or gas drilling or oil or gas exploration use shall post security with Wellsboro Borough to cover the cost to repair, reconstruct or resurface any public roads, bridges or drain pipes which are damaged or subjected to excessive wear resulting from the use of said roads, bridges and drain pipes by the operator or others in connection with the operation of the conditional use. In lieu thereof the operator may enter into an agreement with Wellsboro Borough to make an annual contribution to be used in the maintenance of said roads, bridges and drain pipes.

Truck access to any oil or gas drilling or oil or gas exploration site shall be so arranged as to minimize danger to traffic and nuisance to surrounding properties and to ensure the continued quality of public roads. There should be a minimum of 500 feet of sight distance at the entrance to any site. No site access road shall be over a road within a Residential Town District or Historic Residential District.

All access drives on site for any oil or gas drilling or oil or gas exploration shall be completely paved for a distance of at least 200 feet from the road right-of-way. In addition, if any portions of the on-site access drives are unpaved, then a fifty-foot long gravel section of the driveway shall be placed just beyond the preceding two-hundred-foot paved section to help collect any mud that may have attached to the vehicles wheels. The maintenance of these drives shall be the responsibility of the operator of the conditional use as long as the use continues.

Sufficiently long vehicle stacking lanes at the site shall be provided on site so that vehicles waiting to be weighed or serviced do not back onto public roads. The site operator shall be responsible for compliance with this provision.

The noise level at the nearest property line shall not exceed 60 dBa.

The applicant shall demonstrate compliance with all pertinent commonwealth requirements and regulations of the Medical Marijuana Act, Act of Apr. 17, 2016, P.L. 84, No. 16.

Medical marijuana dispensaries are reviewable as a conditional use in the Highway Commercial District, subject to the minimum area and dimensions as per § 27-804(1)B, furthermore, in accordance with Act 16:

Medical marijuana growers/processors are reviewable as a conditional use in the Commercial Manufacturing District, subject to the minimum area and dimensions as per § 27-903. Furthermore, in accordance with Act 16, a grower/processor may carry out the following subject to limitations in Subsection 3C:

Compressor stations for transmission and gathering lines are reviewable as conditional uses in the Rural Residential and the Commercial Manufacturing Districts. In addition, prior to issuance of a zoning permit the following conditions shall be met as required:

Compressor stations shall be set back at least 750 feet from the nearest existing building at the time of application, or 200 feet from the nearest lot line, whichever is greater.

The noise level at the nearest property line does not exceed 60 dBa and 55 dBa at the nearest residence, school, hospital, house of worship or similar noise sensitive area.

Screening of compressor stations shall be in conformance with § 27-1411, Screening and Landscaping.

The minimum lot size for gathering system compressor stations is 12 acres and the minimum lot size for transmission system compressor stations is five acres.

Intent. A Short-Term Rental shall provide temporary accommodations in a residence for a fee, on a daily or weekly rental basis, as a conditional use in the RR-Rural Residential, CB-Central Business and HC-Highway Commercial Districts.

Registration. If an applicant receives a Conditional Use, they must fill out a registration form as provided by the Borough Council. The initial registration form must be submitted before renting begins and includes a fee of $450. After the initial registration, there is an annual renewal of $250. These fees can be raised by Resolution of the Borough Council. The documentation for renewal must be submitted by January 15th of each year. Failure to submit a renewal form by the required date will result in automatic revocation of the Short-Term Rental permit. Failure to meet any of the conditions in the Conditional Use determination, or any of the provisions of this section, or any other applicable Ordinance will be grounds for revocation of the Short-Term Rental permit.

Pre-Existing Non-Conforming Short-Term Rentals. Any Legal Short-Term Rentals that are existing at the time of the adoption of this section/amendment, must come into compliance with this section, including the registration requirements. If a Short-Term Rental is existing that is in violation of a Borough Ordinance or Ordinances, they must cease to operate immediately, and may not resume operation until in full compliance with this Ordinance. If a Short-Term Rental is in existence at the time of the adoption of this Ordinance and it is not in violation of a Borough Ordinance, the Owner must come into compliance with the provisions of this section. If a property owner refuses to come into compliance with this section, they are subject to the violation and penalties provisions of the Code of Ordinances and the Municipalities Planning Code.

Current Short-Term Rentals that are operating in the Borough when this provision is enacted, shall come into compliance with the registration requirements. In order to get a permit, the Owner must be in compliance with the Property Maintenance Codes, Building Codes, all other Ordinances of the Borough, and they must be current with all municipal services.

All Short-Term Rentals must meet all Conditional Use requirements (Part 17).

The purpose of this section is to allow owners to have vacation rentals that use new technologies including AirBNB or equivalent services. The owners are responsible to meet the Property Maintenance Code, Building Codes, all other Ordinances, property and zoning requirements including parking, the number of dwelling units, signs, and all other rules and regulations of the Borough.

Standards.

Revocation of Permit. If a Short-Term Rental Property Owner gets a Conditional Use, they have an on-going obligation to keep a permit to operate a Short-Term Rental. If the owner of a Short-Term Rental violates the provisions of this section, or any other Ordinance of the Borough, the Borough may revoke the license to operate a Short-Term Rental. If it is determined that the Short-Term Rental Owner is violating a term of this section, or any other Borough Ordinance, the Borough shall give them a Notice to correct the problem within 10 days or the permit will be revoked. If the Owner continues to violate this section, the Borough will initiate enforcement proceedings.

Enforcement. The Borough may enforce this section as outlined in Pennsylvania law and the Municipalities Planning Code.[1]

Property Manager. Short-Term Rentals that are pre-existing non-conforming uses, must be owner-occupied or the Owner must have a Property Manager. The Property Manager must be available 24 hours a day and must live within 15 miles of the Short-Term Rental property. The name, phone number, and residence address of the Property Manager must be submitted to the Borough on an annual basis. From time to time, the Borough may verify that there is a Property Manager and that they live within 15 miles of the Short-Term Rental Property, or that the property is owner-occupied. Failure to comply with any provisions of this Section will be grounds for revocation of the Short-Term Rental Conditional Use. The Owner may be the Property Manager if they meet all the requirements listed above.

Food truck operations are permitted on private property with the written permission/agreement of the owner of record.

The minimum area for food truck operations shall be 35 feet by 15 feet.

Food trucks shall be a minimum of 200 feet from the nearest operational non-food truck restaurant, school, house of worship or occupied residence.

In addition to signs painted on or affixed to the food truck, each truck may also display one sandwich board/sidewalk type of sign.

Each food truck shall also have one trash receptacle in the general vicinity. The operator shall be responsible for the maintenance of the trash receptacle and the proper disposal of trash deposited therein.

Provision of tables for customers is optional, but if provided a drawing must be submitted depicting the location of tables and the area required is in addition to the minimum area noted in Subsection 2.

The operator of the food truck must show evidence of compliance with any required permits, licenses and taxes, and current vehicle registration and inspection requirements.

Equipment and operations must be self-contained within the food truck, with no objects or structures associated with food truck operations placed outside of the vehicle, except for a sandwich board/sidewalk sign, trash receptacle or optional tables.

Hours of operation are limited between the hours of 8:00 a.m. and 9:00 p.m.

The following are specifically prohibited from food truck operations:

Food truck operators responsible for payment of fees under Part 3 Transient Retail Merchants, of the Codified Ordinances of the Borough of Wellsboro, which exempts certain entities (See § 13-303), shall complete and submit the Wellsboro transient retailer permit application for action by the Borough, and also comply with the requirements described in Part 3.

The minimum lot size for the conditional use of recreational vehicle parks shall be 10 acres.

The maximum number of recreational vehicles allowed on a property at any time shall be five.

Recreational vehicles shall not be allowed to remain on a property for more than three consecutive months or more than five cumulative months in one year, unless the recreational vehicle is owned by the property owner.

Recreational vehicles shall not be allowed on a property between December 1 and March 30, unless the recreational vehicle is owned by the property owner.

Recreational vehicles are only permitted on a property if there is a permanent residence on the property.

Recreational vehicles must have sufficient screening so they are not visible from neighboring properties or roads, and to prevent illumination and headlights, noise, and other objectionable influences on neighboring properties or roads.

Recreational vehicles must be connected to the Borough's water and sewer system where available and feasible in compliance with the Borough's connection ordinances, and be subject to all applicable tap-in fees, monthly fees (including, without limitation, the minimum debt service that applies even if no services are used), and be in compliance with all applicable Borough ordinances. Dump stations and portable conveyance systems shall not be allowed.

If a recreational vehicle is removed from the property, sufficient proof must be provided to the Borough that the water and sewer has been properly disconnected and capped.

The grantor of any property for which a recreational vehicle park conditional use has been granted shall have an affirmative duty to notify the Borough that the property is being conveyed. The Borough reserves the right to revoke the conditional use upon conveyance of the property, other than a conveyance involving immediate family members. Upon conveyance to an immediate family member, the new owner will submit, in writing, their intention to continue to be in compliance with the previously approved conditions.

Any property owner that keeps a recreational vehicle on their property must provide the Borough with proof of current, valid license, inspection, and insurance for each recreational vehicle each year.

No recreational vehicle may be used as a temporary or permanent residence.

Applicants must submit detailed stormwater management and erosion and sediment control plans for determining compliance with all applicable provisions of this chapter.

Applicants must submit a detailed garbage/waste management plan for determining compliance with all applicable provisions of this chapter.

Applicants must submit a detailed plan for safe ingress and egress to the property.

All fires, grills, or other burning shall be done in compliance with applicable Borough ordinances.

All electrical connections must be safe and in compliance with all applicable codes and Borough ordinances.

Two off-street parking spaces are required for each recreational vehicle.

The applicant must submit a plan of sufficient detail to demonstrate compliance with all setback requirements in this chapter.

Recreational vehicles and the property must be maintained in good condition at all times.

Any driveway and parking pad for recreational vehicles shall be constructed to support the proposed vehicles, constructed of erosion-proof materials, and be approved by the Borough Engineer.