West Chester City Zoning Code

The purpose of these provisions is to establish uniform standards for the siting, design, permitting, maintenance, and use of wireless communications facilities in West Chester Borough. While the Borough recognizes the importance of wireless communications facilities in providing high-quality communications service to its residents and businesses, the Borough also recognizes that it has an obligation to protect public safety and to minimize the adverse visual effects of such facilities through the standards set forth in the following provisions.

By enacting these provisions, the Borough intends to:

In an effort to comply with recent federal and state laws applicable to small wireless facilities which have now been defined by the Federal Communications Commission, the Borough has adopted a separate ordinance, and related design criteria, to address small wireless facilities. Wireless communications facilities that fall under the definition of "small wireless facilities" are governed and controlled by the Small Wireless Facilities Ordinance and approved design criteria. The small wireless facilities design criteria may be adopted by resolution of Borough Council, and further updated by resolution.

As new technology develops, the Small Wireless Facilities Ordinance and the related design criteria may be changed to address new technologies and to better accommodate more advanced, and possibly smaller facilities. Those new types of technologies and facilities shall be governed and controlled by the Small Wireless Communications Ordinance, as amended, to include, and address, those new technologies and facilities.

The following regulations shall apply to all nontower wireless communications facilities located within the Borough, including those inside the public rights-of-way:

The following regulations shall apply to all nontower wireless communications facilities, such as antennas, that do not substantially change the physical dimensions of the wireless support structure to which they are attached:

The following additional regulations shall apply to nontower wireless communications facilities located outside the rights-of-way that do substantially change the wireless support structure to which they are attached:

The following additional regulations shall apply to all nontower wireless communications facilities located in the rights-of-way:

The following regulations shall apply to all tower-based wireless communications facilities in the Borough:

Any tower-based WCF shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.

Such maintenance shall be performed to ensure the upkeep of the facility in order to promote the aesthetic enjoyment, safety and security of the Borough's residents.

All unused or abandoned tower-based WCFs and accessory facilities shall be removed within six months of the cessation of operations at the site unless a time extension is approved by the Borough.

If the WCF and/or accessory facility is not removed within six months of the cessation of operations at a site, or within any longer period approved by the Borough, the WCF and accessory facilities and equipment may be removed by the Borough and the cost of removal (including legal and consultant costs) assessed against the owner of the WCF or against the owner of the property upon which the WCF is located.

Any unused portions of tower-based WCFs, including antennas, shall be removed within six months of the time of cessation of operations. The Borough must approve all replacements of portions of a tower-based WCF previously removed.

The following additional regulations shall apply to tower-based wireless communications facilities located outside the rights-of-way:

The following regulations shall apply to tower-based wireless communications facilities located in the rights-of-way:

The provisions contained herein regulating wireless communications facilities are intended to comply with federal and state laws and regulations in effect as of the date of adoption of this section. To the extent that any of the provisions in this section conflict with any federal or state statute or regulations, the federal or state statutes or regulations shall control unless the applicable federal or state statutes or regulations allow for more stringent provisions in local ordinances, in which case, any more stringent provisions of local ordinances shall remain in effect and shall control.

The swimming pool shall be used solely for the enjoyment of the occupants of the principal permitted use of the property on which it is located and their guests and shall not be operated commercially so as to charge a fee for the use of the swimming pool.

Noncommercial swimming pools designed to contain more than 18 inches of water shall be erected in conformity with the following requirements:

The diameter of a ground-based reflector shall not exceed 12 feet.

The entire structure, including the microwave antenna, shall not exceed 15 feet in height.

Any such structure which is placed in the rear or side yard shall be no closer than 10 feet to the property line, and no such structure shall be placed in the front yard.

No more than one microwave antenna shall be permitted on any lot.

No such structure shall be placed upon any roof, except in the Town Center District, wherein it shall be placed on the side or rear portion of the roof and not on the front portion of the roof.

Any such structure shall be buffered from an adjoining property by a fence or buffer planting strip of at least three feet in width, in accordance with the landscaping and screening requirements of this chapter.

Before erecting any such structure, a building permit shall be obtained.

Such use shall be accessory to and permitted only for a single-family detached residential use that is in compliance with all of the applicable area and bulk regulations of the NC-1 District and the NC-2 District.

The operator of the facility shall reside at the facility as the occupant of the single-family detached dwelling unit.

The facility shall have a maximum of three guest rooms or suites.

At least one bathroom shall be provided for the first guest room, plus one bathroom for each two additional guest rooms. The living quarters for the residents shall have their own bathroom or bathrooms. Bathrooms shall be equipped with a toilet, washbasin and bath and/or shower.

The minimum size of the guest suite shall be no less than 120 square feet for the first two occupants, and 50 square feet shall be provided for each additional occupant. No more than five individuals shall occupy a guest suite.

Guests shall not remain in the same bed-and-breakfast inn for more than 14 consecutive days.

No external alterations, additions or changes to the exterior structure shall be permitted.

The use shall be conducted by members of the family of the occupant. Nonresident employees shall be limited to two in addition to the resident family members.

There shall be no separate kitchen or cooking facilities in any guest room. Food served to guests on the premises shall be limited to breakfast and afternoon tea only. All food service shall comply with federal, state and county regulations for the preparation, handling and serving of food.

A special exception shall not be granted unless the applicant has a valid County Health Department permit for the use issued within the last five years.

One off-street parking space per bedroom used shall be provided on the premises in addition to other off-street parking spaces required by this chapter.

A permit issued for a bed-and-breakfast facility, after the Zoning Hearing Board approves the special exception, shall have a life of one year. The permit may be renewed annually without the necessity of a new special exception application, provided that the Zoning Officer has inspected the facility and found it to be in compliance with the provisions of this chapter and any conditions imposed by the Zoning Hearing Board in the grant of the special exception.

A bed-and-breakfast facility shall be considered a temporary accessory use granted to the owner. The temporary zoning permit shall expire when the property is transferred, sold or leased or when the property is no longer the primary residence of the owner or if the Zoning Officer does not renew the permit.

Any amenities, such as a tennis court or swimming pool, shall be solely for the use of the resident owner and the guests.

The resident owner(s) shall maintain a guest register, which shall list the names and addresses of all guests.

No bed-and-breakfast facility shall be within 300 feet of another lot used for a bed-and-breakfast facility.

Legislative intent. The intent of these regulations governing home occupations is as follows:

Regulations, standards and restrictions on home occupations.

Administrative procedure/permits.

The total number of livestock animals permitted on any lot shall be computed according to the total number of acres constituting the lot and the number of acres required per animal.

The total number of acres required to keep livestock must be equal to the total required acreage for the proposed combination of livestock as referenced below. Animals not referenced in the following table shall be judged according to the requirements for animals of a similar type:

No person owning or having in his custody livestock or poultry shall maintain such so as to create any health or safety hazard or obnoxious or foul odor therefrom, except to the minimum practical extent inherent in the nature of said livestock.

No person owning or having in his custody livestock or poultry shall permit the same to go unattended to the injury or annoyance of others, nor shall such livestock or poultry be permitted at large upon the streets or other public ways of the Borough. Such action is considered to be a danger to the public health and safety.

Shelter and fenced area requirements.

All accessory buildings shall be at least 10 feet from any principal building.

The maximum height of accessory use structures which are detached from a principal building shall be 15 feet.

All floors, walls, ceilings, and other surfaces, including the outdoor play area, must be kept clean and in good repair.

All medicines, drugs, cleaning materials, detergents, aerosol cans and other poisonous and toxic materials must be stored in their original, labeled containers and used in such a way that does not contaminate play surfaces, food, food preparation areas or constitute a hazard to the children. Such materials must be kept in a place inaccessible to children and separate from child-care areas, food and food preparation areas.

Hot-water pipes, fixed space heaters and other sources of heat exceeding 110° F. (43° C.) which are accessible to children, must be equipped with protective guards or insulated to prevent children from coming into direct contact with the heat source. Fireplaces must be securely screened or equipped with protective guards while in use.

The family day care home must have one indoor flushing toilet and one sink with water available at the sink.

All windows and doors used for ventilation must be screened.

The family day care home must have an operable telephone.

Stairways, hallways and exits from rooms and from the family day care home must be unobstructed. Easily opened protective gates and other devices are permitted.

Protective receptacle covers must be placed in all electrical outlets accessible to children under five years of age.

An operable 120-volt, single-circuit smoke detector must be placed on each level of the home used by the children and on each level of exit from the home.

A portable fire extinguisher suitable for Class B fires, as defined in the Borough Fire Prevention Code, Chapter 57 of the Code, must be provided in the kitchen and other cooking areas. The fire extinguisher must be tested yearly or have a gauge to assure adequate pressure level.

Specific intent. The purpose of this subsection is to allow accessory dwelling units on lots where single family dwellings are permitted. Council recognizes that allowing accessory dwelling units subject to the standards in this subsection may achieve some or all of the following benefits:

Eligibility. An ADU may be permitted as an accessory use to a single-family detached dwelling, single-family semidetached dwelling and single-family attached dwelling in the NC-1, NC-2 and TC Town Center Districts as identified in § 112-304B, subject to the conditions set forth in this section and all other applicable provisions of this chapter.

Standards for accessory dwellings. All ADUs must be in compliance with the following standards:

Dimensional requirements.

Parking.

The owner of the proposed ADU must obtain all necessary permits and approvals from the Borough's Wastewater Department prior to issuance of any building permit.

If an ADU is located within an accessory structure, such structure must be located on the same lot as the principal dwelling.

If an ADU is located within an existing single-family detached dwelling or attached dwelling, it shall have an entrance separate from the entrance to the primary dwelling. This entrance may not be a part of the front facade of the primary dwelling.

If an ADU is built within an accessory structure that is on a lot adjacent to an alley, the following design standards must be met:

To ensure compliance with this chapter, an architectural plan shall be submitted as part of a building permit application, accurately drawn to scale, indicating the relationship and size of the two dwelling units, as well as parking areas and any proposed exterior alterations.

A use and occupancy permit shall be required prior to the occupancy of an ADU. The permit form, as provided by the Borough, and accompanying required fee shall be submitted by the property owner. An application to renew the permit shall be submitted annually prior to the intended continuation of occupancy. It shall be unlawful for the ADU to be occupied beyond the operative period of a permit. The ADU shall be subject to inspection by the Zoning Officer prior to issuance of the initial use and occupancy permit, and then at least once every three years thereafter while the dwelling unit is occupied, on or about the date of initial occupancy.

Any proposed development governed by the conditional use provisions of this chapter.

Any development in the NC-3, TC, CS, ID or IS Districts which involves a project on one or more acres of land or involves five or more dwelling units, leaseholds or buildings.

Conversions of existing buildings to professional office or multifamily use in the NC-2 District.

Any petition for a zoning change filed pursuant to this chapter.

Any application for a building in the Town Center HO-60 District where the height of the building is increased above 45 feet to a maximum height of 60 feet.

Any application for a building in the Commercial Service HO-75 District where the height of the building is increased above 35 feet to a maximum height of 75 feet.

A site development plan, including notes pertaining to the number and type of lots or units, the square footage and/or acreage of the lot(s) and a depiction of the features which are proposed, such as streets, driveways, parking areas, buildings and other structures and all impervious surfaces. The plans shall be drawn at a scale of not more than 50 feet to the inch and may be submitted as an attachment to the report.

Floor plans and elevations depicting the proposed size, square footage and height of buildings and/or other structures.

A statement indicating the existing and proposed ownership of the lot(s) and, where applicable, the type of ownership, operation and maintenance proposed for areas which may be devoted to open space or otherwise not under the control of a single lot owner.

A statement indicating the proposed staging or phasing of the project and a map depicting the boundaries of each stage or phase of the project. Such boundaries shall be superimposed on a version of the site development plan.

An identification of the land use conditions and characteristics associated with the lot(s), such as current and past use, land cover and encumbrances, and the relationship of these to adjacent lot(s). The identification of land use conditions and characteristics shall include a narrative description of the above. In addition, the following maps, drawn at a scale of not more than 50 feet to the inch, shall be incorporated into the report or submitted as attachments to it:

An identification of the historic resources associated with the lot(s), such as areas, structures and/or routes and trails which are significant. Areas, structures and/or routes and trails included on the National Register of Historic Places, the Pennsylvania Inventory of Historic Places and the Historic American Building Survey and any which may be identified in the Comprehensive Plan shall be identified. The identification of historic resources shall include a narrative description of the above. In addition, a map, drawn at a scale of not more than 50 feet to the inch, depicting historic resources shall be incorporated into the report or submitted as an attachment to the report.

An identification of the community facility needs associated with the users and/or residents of the proposed project. The community facility needs assessment shall indicate in narrative form the type of services which will be in demand. Where applicable, community facilities (such as schools, park and recreation areas, libraries, hospitals and other health care facilities, fire protection, police protection and ambulance and rescue service) shall be discussed in terms of the ability of existing facilities and services to accommodate the demands of future users and/or residents of the lot(s) and the need for additional or expanded community facilities.

An identification of the utility needs associated with the users and/or residents of the proposed project. The utility needs assessment shall indicate in narrative form the type of installations which will be in demand. Utilities, such as those used for water supply, sewage disposal, storm drainage, communications and electrical transmission, shall be discussed in terms of the ability of existing utility installations to accommodate the demands of the future users and/or residents of the lot(s), the need for additional or expanded utility installations and the ability to achieve an adequate system for storm drainage and stormwater management.

An identification of the demographic characteristics related to the proposed project. The characteristics, which shall be presented in narrative form, shall include a profile of the future users and/or residents of the lot(s), including information such as the number of people or laborers expected. Such information shall be related to initial and completed project conditions.

An identification of the economic and fiscal characteristics related to the proposed project. The characteristics, which shall be presented in narrative form, shall include a profile of the Borough, county and school district revenues which the proposal may generate and the Borough, county and school district costs it may create. Such information shall be related to initial and completed project conditions.

An identification of characteristics and conditions associated with existing, construction-related and future air and water quality and noise levels, vibration, toxic materials, electrical interference, odor, glare and heat, fire and explosion, smoke, dust, fumes, vapors and gases, radioactive materials and/or other noxious conditions.

An identification of compliance with the environmental controls as required by this chapter.

The implications of the proposed project in terms of the type of beneficial or adverse effects which may result from it and the duration of these effects in terms of their short-term or long-term nature. To indicate such effects, there shall be a discussion of the implications of the proposed project to the resources, conditions and characteristics described in Subsections B(1) to B(12). In addition to a narrative presentation of implications, the applicant shall display where the project adversely affects the lot(s), resources, conditions or characteristics through the use of a map, drawn at a scale of not more than 50 feet to the inch, wherein the areas adversely affected from proposed development are highlighted. Such map may be either incorporated into the report or submitted as an attachment to the report. Further, the applicant must demonstrate and specify in the report how and where the findings in the report and its attachments are reflected in the subdivision, land development or other plan.

Alternatives to the proposed project. To indicate such alternatives, the applicant shall submit exhibits or diagrams which will depict the type of alternatives described in narrative form. The applicant shall comment on how alternatives such as revised location, redesign, layout or siting of buildings, streets and other structures, reduction in the size of proposed structures or number of structures and the like would preclude, reduce or lessen potential adverse impact or produce beneficial effects.

Measures to mitigate adverse effects. To indicate such measures, the applicant shall submit exhibits or diagrams which will depict the type of remedial, protective and mitigative measures described in narrative form. These measures shall include those required through existing procedures and standards and those unique to a specific project, as follows:

Any change in use of a building or structure in all zoning districts, except the Institutional District, which involves the use of 1,500 or more square feet of a building.

Any change in use of a building or structure in the Institutional District which involves the use of 5,000 or more square feet of a building.

Any development which involves the creation of five or more dwelling units.

A wall may be offset to a depth of at least four feet at intervals of 100 feet or less.

The direction of the wall may change by at least 90° but no more than 135° at intervals of 200 feet or less.

Provide an effective means for identifying, organizing and maintaining open space.

Provide for active and passive recreation areas to complement existing open space and recreational uses and/or to meet the demand for such areas by future residents.

Preserve natural environmental resources by:

Preserve historic and cultural resources by:

Recreational uses, such as parks and playfields, and activities and structures related thereto, such as pavilions, tennis courts, basketball courts and playground apparatus.

Conservation uses to preserve woodland areas, ponds, streams and related landscape features.

Uses customarily incidental to the principal uses permitted in this § 112-911B, unless specified otherwise in § 112-911D.

Signs which are customarily incidental to the principal uses permitted in § 112-911B and in accordance with Article VII.

Parking which is customarily incidental to the principal uses.

Utility easements and rights-of-way.

Stormwater management facilities and erosion and sedimentation control facilities, provided that such facilities do not exceed 5% of the required open space.

Areas for various active recreational opportunities and pursuits, such as level open areas which could be adopted for playfields and parks.

Areas regulated by the floodplain regulations of this chapter.[1]

Other natural areas comprising woodland, surface water resources and steep slopes.

Historic sites and buildings, such as those on or candidates for the National Register of Historic Places, the Pennsylvania Inventory of Historic Places or the Historic American Building Survey, or those that are identified as being historically or culturally significant in the Comprehensive Plan or other recognized study.

Lands to be used and maintained as buffers for screening purposes, noise control and other safeguards.

When computing open space areas for purposes of determining compliance with this article, the following shall not be counted as open space:

No more than 1/2 of the required open space shall consist of a single type of physical or biological resource. For example, no more than 50% of the open space can be comprised of floodplain conservation areas, or no more than 50% of the open space can be comprised of steep slopes, woodland or wetlands.

No more than 1/4 of the required open space shall consist of those historic sites or buildings which are used or made available to the residents of the development for recreational or related use.

Minimum contiguous area: 5,000 square feet.

Minimum parcel width: 20 feet.

Minimum setback for recreational buildings and structures from property lines: 20 feet.

Maximum impervious coverage of an open space area: 15%.

There shall be provisions which ensure that the open space shall continue as such and be properly maintained. Any of the following methods and no other may be used, either individually or together, to preserve, own and maintain open space:

The following specific requirements are associated with each of the various methods:

With permission of the Borough, the landowner or developer may transfer either the fee simple title with appropriate deed restrictions running in favor of the Borough or the development rights or easements to a private, nonprofit organization, one of whose purposes is to conserve open space land, provided that:

If a homeowners' association (the organization) is formed, it shall be governed according to the following:

Use Component 1: affordable housing residential uses. Any combination of single-family attached (townhouse) and multifamily/apartment uses which meet the definition of "affordable housing." Such residential uses shall not require a separate lot or lots for any such use on the unified mixed-use development.

Use Component 2: community facilities. Facilities which provide for various community, educational, safety, leisure and like needs and the locations at which these services are provided. For purposes of this § 112-912, typical community facilities or components thereof include, but are not limited to, arts and education centers; recreation centers; community centers; sports, recreational or athletic facilities; playgrounds; parks; libraries; museums; youth or community theaters; culinary institutes or programs; or any combination thereof.

Use Component 3: neighborhood amenities. Neighborhood amenities provide neighborhood support in meeting economic and social needs of the community and enhance walkability and local proximity to such amenities. For purposes of this § 112-912, neighborhood amenities include, but are not limited to, grocery or food services, including co-ops or food banks; cafes or restaurants; catering and event venues; child, youth or adult day care; after-school programs; health clinics, medical clinics, or health care services; workforce development services; community group meeting space; educational uses; alternative education facilities; and personal service shops.

Height, area and bulk standards. Notwithstanding any height, area or bulk standards otherwise set forth as to the CS Commercial Service District or elsewhere in the Borough Ordinances, the following shall specifically apply to a unified mixed-use development:

Parking.

Internal zero lot lines; responsibilities for common elements and infrastructure. Any individual units, buildings, or parcels of land within an approved unified mixed-use development may be leased, purchased, sold, mortgaged, and developed as individual zero lot line units, or as individual condominium units, or as other form of ownership units; provided, however, that the development plan for the overall unified mixed-use development shall remain compliant with the standards of this § 112-912. Any and all association, condominium, or other agreements relating to development shall be subject to review and approval of the Borough Solicitor and shall properly ensure and provide responsibility for common elements and infrastructure by the applicant, developer, user or tenant.

Minimum tract size: 40,000 square feet.

Minimum lot width at the building line: 150 feet.

Minimum lot width at the street line: 100 feet.

Minimum front yard: 15 feet.

Minimum rear yard: 20 feet.

Minimum side yard, individual: 10 feet.

Minimum side yard, aggregate: 25 feet.

Maximum building coverage: 45%.

Maximum impervious coverage: 70%.

Minimum green area: 15%.

No building, porch or portico shall be less than 25 feet from the perimeter property line, except for directional signs, lighting standards, benches, terraces and patios.

Common parking areas shall be screened from any residential use located on an adjacent lot to prevent direct glare from headlights and other lights. Common parking areas assigned to particular dwelling units shall not be more than 200 feet from the principal building. Screening may include fencing, shrubbery or a combination of both.

All trash and recycling shall be collected and stored inside a multifamily building, except that temporary trash and recycling collection and storage may occur outside of a multifamily building for a period not to exceed 15 days during the peak move-in and move-out period(s) of the calendar year.

Multifamily buildings containing dwelling units shall be designed and constructed to avoid a solid, unarticulated building mass over that portion of the facade(s) of the building containing said dwelling units. The mass, scale and visual impact shall be reduced by staggering building walls. The staggered building walls shall incorporate setbacks or bumpouts of at least three feet in depth and occur along the facade length at least every 75 feet; other architectural treatments may be incorporated, provided such treatments divide the facade and create architectural interest and distinction. Architectural interest and distinction should be in keeping with the design of the surrounding neighborhood and community.

Multifamily buildings may contain balconies only as ornamental architectural features that are uninhabitable spaces, and access to balconies from dwelling units shall not be permitted.

All plans for this use shall be accompanied by a landscaping plan and an impact assessment report in accordance with this chapter.

No active recreation facilities involving the installation of accessory use structures, such as basketball, volleyball or tennis equipment, shall be permitted.

All rooftop mechanical equipment and structures shall be screened from view of adjacent properties.

All rooftop mechanical equipment and structures shall be operated in compliance with Chapter 73 of the Borough Code, Noise Disturbance.

Bicycle racks shall be provided and shown on the conditional use plan.

Off-street parking shall be provided in accordance with this chapter. The applicant shall demonstrate compliance at the time of conditional use approval. All parking shall be provided on premises.

Except as otherwise provided in this section, the minimum size for individual parking spaces, excluding accessways for vehicles, shall be nine feet by 18 feet in size, and the minimum size for handicapped-accessible spaces shall be as required by applicable code. Up to 40% of the individual parking spaces provided on a tract within the Existing Student Housing (ESH) Overlay District may be reduced to a minimum size of 7.5 feet by 16 feet, so long as said parking areas are clearly designated as compact spaces.

The pub restaurant shall habitually and principally serve food to the public. At all times that alcoholic beverages are being sold or served, the pub restaurant shall be preparing, selling, and serving food.

Unless approved by Council as part of the conditional use decision, the pub restaurant shall not be combined with any other use, including a nightclub, venue for the presentation of live or recorded music, or venue for theatrical, dramatic, comedic or celebrity appearances or performances.

Unless the pub restaurant holds a valid permit as a restaurant-cafe in accordance with Chapter 90A of the Code or as may be permitted by Council resolution from time to time, the service and consumption of alcoholic beverages shall occur inside buildings.

All owners and managers of and servers of alcoholic beverages at the pub restaurant shall successfully complete the Pennsylvania Liquor Control Board Responsible Alcohol Management Program. Written proof thereof shall be provided to the Borough from time to time upon request.

The pub restaurant shall be monitored by video cameras with at a minimum of 24 hours of digital or videotape backup, which shall be made available to the Borough Police Department upon request. The cameras shall be located and continuously maintained along the public sidewalk adjacent to the premises and at all locations of entrances to the premises.

The owner or manager of the pub restaurant shall provide to the Borough the name and contact telephone number of a management individual for the purpose of handling and resolving complaints and problems.

Within 24 hours of receipt, the owner or manager of the pub restaurant shall advise the Borough of any violations of law charged or citation issued by the Pennsylvania Liquor Control Board, the Pennsylvania State Police or other law enforcement agency.

The owners, managers and employees of the pub restaurant shall use reasonable efforts to prevent loitering of customers on the public sidewalk or public areas outside the premises.

The owners, managers and employees of the pub restaurant shall sweep and clear any and all debris on the sidewalk adjacent to the pub restaurant immediately after the business closes each day.

The pub restaurant shall be operated and maintained at all times in compliance with the Pennsylvania Liquor Code,[1] rules and regulations of the Pennsylvania Liquor Control Board, and all applicable federal, state, and local laws, ordinances, rules, and regulations.

Short term rentals shall be permitted only in dwelling units in the TC-Town Center District by special exception. The offering for rent or renting of one or more bedrooms in a dwelling unit or part of a dwelling unit shall not be permitted as a short term rental.

The total number of short term rentals that shall be permitted shall be 20. The Borough shall maintain a register of approved short term rentals that have been issued a short term rental license in accordance with the requirements in Chapter 66 of the Code. When the number of short term rentals that have been approved by special exception and have received a short term rental license as required by Chapter 66 of the Code reaches 20, the Borough shall not accept any additional zoning applications for short term rentals in the Town Center. The Borough shall thereafter maintain a waiting list of property owners in the Town Center District who seek approval to operate a short term rental. If the number of short term rental permits that have been issued by the Borough drops below 20 due to termination or revocation of a short term rental permit, the Borough shall notify the first property owner on the waiting list and allow that property owner a period of 30 days to submit a complete zoning application seeking approval for the short term rental. If a property owner does not submit the complete application within 30 days, the Borough shall remove that owner from the waiting list and provide notice to the next property owner on the waiting list of the availability of submitting a zoning application for a short term rental. Positions on the waiting list are personal to the owner and shall not transfer with the property.

The short term rental shall comply with the parking provisions in § 112-603D.

Once special exception approval is obtained, the owner shall have 60 days to obtain a short term rental permit pursuant to Chapter 66, Article 11, Property Registration for Short-Term Rentals. Thereafter, the short term rental must obtain an annual short term rental permit pursuant to Chapter 66, Article 11, Property Registration for Short-Term Rentals.

No student home may be used as a short term rental.

No short term rental may be used as a student home.

The owner of the short term rental shall obtain and maintain general liability insurance in the minimum amount of $1,000,000 and shall provide evidence of such insurance prior to issuance of a rental permit.

Maximum gross tract area: three acres.

Tract location: tract must be adjacent to a lot or tract located in the NC-2, NC-3 or CS Zoning Districts; provided, however, the tract must not be located in or adjacent to a lot or tract located in the Retail Overlay District as defined in § 112-405.

Maximum density: 40 dwelling units per acre.

Minimum tract width at the street line of at least one street: 100 feet.

Building setback line/front yard:

Side yard, minimum: five feet.

Rear yard, minimum: five feet.

Distance between exterior walls of buildings, minimum: 15 feet.

Maximum tract building coverage: 90%.

Maximum tract impervious coverage: 95%.

Minimum tract green area: 5%.

Maximum building height: 45 feet.

Uncovered stoops and steps may project a maximum of four feet into the right-of-way of a dedicated street; provided, however, in no case shall the width of the sidewalk be less than four feet to maintain an accessible route for pedestrians.

Unified Residential Development shall comply with all of the requirements and design standards of § 112-916. Applicants seeking land development approval for a Unified Residential Development shall provide conceptual architectural plans and sufficient documentation to demonstrate compliance with all of the said requirements and design standards. The plans and documentation shall be submitted with the preliminary land development application.

All preliminary land development plans shall be accompanied by a landscaping plan which shall be approved by Council as part of the land development decision.

Parking shall be provided as follows: two off-street parking spaces shall be provided for each dwelling unit, at least one of which shall be located inside a garage and one of which may be located directly adjacent to the dwelling unit that the space serves. Parking spaces for the same dwelling unit may be stacked behind garages or other parking spaces.

Lot with a data center building with a footprint of 100,000 square feet or less in area: five acres.

Lot with a data center building with a footprint greater than 100,000 square feet in area: 10 acres.

Data center campus, regardless of the size of the buildings used for data centers on the campus: 10 acres.

No more than 80% of a principal building facade shall consist of one building material or one color, texture, or pattern.

The principal building facade shall require fenestration, step-back(s), cantilever(s), projection(s), or architectural elements extending horizontally across at least 60% of the facade.

Annual electricity demand for the data center.

Source of energy supply for the data center.

Energy storage capacity (if applicable).

Proposed sources of back-up power to be installed.

Documentation of efforts to maximize use of renewable and/or clean energy for all electrical and cooling needs, including those to reduce the need for new electric generation by incorporating the best available energy efficiency into the design of data center servers, cooling units, and the building structure. Examples include:

If interconnecting to the energy grid, the applicant shall provide documentation of the energy utility interconnection approval process, including the following:

If the data center intends to use backup generators, the following criteria shall apply.

The applicant shall submit a pre-construction noise and vibration study with the conditional use application prepared and sealed by a qualified professional. Such qualified professional shall be an engineer licensed in the Commonwealth of Pennsylvania or other environmental or technical professional with demonstrated education, training and experience in acoustical noise or vibration analysis applicable to the scope of work being performed (defined herein as "Qualified Professional") to include the predicted noise and vibration levels from the operation of the data center.

Simultaneous operation assumption. All noise evaluations, studies, modeling, and compliance determinations shall assume the concurrent operation of all generators, cooling systems, mechanical equipment, and other noise-producing devices operating at maximum rated capacity ("Simultaneous Operation"), unless a more restrictive operating condition is required by approval.

Within 180 days following issuance of a use and occupancy certificate and commencement of operations at the data center, the applicant shall submit to the Borough an as-built post-construction noise and vibration study. The study shall:

If the post construction study demonstrates non-compliance with any applicable noise or vibration standard, the applicant shall, within 30 days of written notice from the Borough, submit a corrective action plan prepared by a qualified professional. All violations shall be fully remediated within a timeframe approved by the Borough, but in no event later than 90 days following Borough notice of non-compliance, unless extended by the Borough for good cause shown.

If the pre-construction noise study establishes a baseline sound level in excess of the maximum sound level permitted under Data Center Noise Standards Tables, the post-construction study shall demonstrate that operations of the proposed use do not increase baseline ambient sound levels. Sound levels within one dBA of the ambient sound levels will meet this requirement.

Objective noise standards. Noise limits shall be established by land use category, measurement location, time of day, and averaging period, and shall include provisions for instrumentation and low-frequency noise evaluation.

The Borough may require additional noise and vibration testing upon receipt of substantiated complaints or following material modification, replacement, or addition of mechanical equipment, cooling systems, generators, or other vibration-generating equipment.

If initial monitoring or complaints indicate a probable violation, the Borough may require interim mitigation measures, which may include operational modifications, equipment limitations, or temporary curtailment of specific noise producing activities until compliance is demonstrated.

Data Center Noise Standards Tables.

A data center shall be connected to public water.

The applicant shall provide detailed estimates of daily and annual water usage.

The applicant shall provide documentation from the public water provider that there is sufficient water available to serve the data center without impacting water pressure or availability of water to other users in the Borough. No data center shall be approved unless the applicant demonstrates that the anticipated water supply yield is sufficient for the data center and will not adversely impact water pressure or availability of water to other users in the Borough.

The data center shall not use groundwater or direct withdrawals from surface watercourses as its primary source of water for cooling purposes.

The data center shall be designed to include air-cooled or closed-loop water circulation systems to cool processing equipment. An applicant may propose an alternative cooling system that is demonstrated to use less water and energy than closed loop systems which alternative cooling system must be approved by the Borough.

If cooling towers are utilized, the applicant shall submit a plan for mitigating the risk of legionella.

The applicant shall submit a drought response plan to demonstrate compliance with state, water supplier and local drought declaration requirements.

A data center shall be connected to public sewer.

The applicant shall submit an analysis of wastewater disposal needs with the conditional use application which indicates the quantity of wastewater generation expected from sewage and water discharge as part of the data center's HVAC system.

Any untreated discharge of wastewater generated at the data center may not be discharged to stormwater systems or surface waters.

The applicant shall submit documentation certified by the public sewer provider that the provider can support the conveyance and treatment needed.

Any energy generation system designed or used to supply power directly to a data center during normal operations, including solar, wind, fossil fuel, or nuclear energy generating systems, shall not be considered part of the data center use but shall be subject to existing municipal or utility regulations. Such systems shall be considered a separate principal use and shall be approved according to all applicable state and federal regulations along with municipal zoning regulations applicable to such use. The applicant shall select, design and locate the energy generation systems to limit noise, emissions, and visual impacts to adjacent and nearby uses as much as possible. Data center principal buildings shall be located between energy generation systems and residential districts or any other sensitive receptors.

Electric utility substations on the same property as the data center they serve must be located on the side or rear of a data center principal building so they are screened from public view and shall not be located in a required front yard. On-site substations do not require a buffer or screening between the data center principal building and the substation.

Data center electric utility substations visible from an arterial roadway must include a combination of year-round opaque landscaping and screening walls to minimize visual impact.

Burying power lines serving the property is strongly encouraged. On-site power lines of 34.5 kV and below must be buried.

Substations abutting a district boundary other than industrial and/or a parcel containing a sensitive receptor shall be set back a minimum of 800 feet from the property line. If abutting another industrial-zoned parcel and use, substations shall meet the requirements for accessory uses in the underlying zoning district.

The data center electric utility substation shall be subject to applicable zoning district setback requirements. Setbacks shall be measured from the edge of the enclosure containing the substation to the property boundary of the lot it occupies.

The applicant shall submit an emergency response plan (ERP) with the conditional use application prepared by a qualified professional. The ERP shall:

Costs incurred, including specialized training for fire and EMS personnel, shall be reimbursed by the applicant, including future ongoing training specific to the data center's ERP.

Any data center proposing battery storage or any other device or group of devices capable of storing energy in order to supply electrical energy at a later time, whether the energy is stored for use on-site or off-site, shall demonstrate compliance with National Fire Protection Association (NFPA) Standard 855, Installation of Stationary Energy Storage Systems, or an equivalent nationally recognized standard and must include fire suppression systems designed specifically for battery storage.

No data center shall be approved unless the applicant demonstrates that procedures for fire suppression, containment, ventilation, and evacuation are sufficiently protective of public health, safety and welfare.

Each data center shall provide 24-hour emergency contact signage that is visible at the main entrance. Such signage shall include the company name (if applicable), the owner/representative's name, the telephone number, and the corresponding local power company's name and telephone number.

The applicant shall coordinate with the municipal emergency management coordinator to ensure there is adequate radio coverage for emergency responders within all on-site buildings and facilities, based upon existing coverage levels of the municipal public safety radio communications system exterior to on-site buildings. The applicant shall install enhancement systems, as needed, to achieve compliance.

The applicant shall submit with the conditional use application a decommissioning plan prepared by a qualified professional. The plan shall outline the procedures for safe shutdown, removal of equipment, disposal or recycling of materials, and site restoration.

The owner of the data center must submit a notification of closure if operations are permanently ceased.

Decommissioning must begin within one year of cessation of data center operations, or upon notice of abandonment by the operator, whichever occurs first. Decommissioning shall be completed within 18 months thereafter, unless extended by the Borough for good cause.

Standards for decommissioning.

The Borough may require financial security (with related agreements) to be posted to cover the full cost of decommissioning and site restoration if not done in a timely fashion by the operator/owner of the data center.