Adult or child-care facility;

Church or other similar religious facility;

Community center;

Museum and cultural facilities;

Park;

Playground;

School; and

Other lands where minors congregate.

A detailed written description of the type and size of operation being proposed;

A site plan illustrating the proposed location of all outdoor feedlots, animal confinement buildings, manure storage facilities, and manure application areas, and their relation to existing occupied dwellings (other than the owner's residence);

A copy of the applicant's nutrient management plan, reviewed and approved by the Bradford County Conservation District, designated Nutrient Management Specialist, or other appropriate agency; and

A copy of the applicant's odor management plan, reviewed and approved by the Bradford County Conservation District, designated Odor Management Specialist, or other appropriate agency or individual.

All facilities shall be designed and operated in strict compliance with all applicable state and federal laws and regulations.

The applicant shall furnish evidence of the obtainment of a license from the U.S. Department of Transportation, Federal Aviation Administration and the Pennsylvania Department of Transportation, Bureau of Aviation, prior to the approval of the zoning permit.

Applicants shall use the latest advisory circular from the U.S. Department of Transportation, Federal Aviation Administration for Heliport Design.

The proposed heliport would not be detrimental to the health, welfare and safety of residents and their property.

In conjunction with a special event such as an athletic contest, holiday celebration, parade or similar activity, after seven days' advance notice has been given to the Zoning Officer and permission obtained to make such landing and takeoff;

When necessary for police and/or fire training or when necessary for law enforcement purposes and for emergencies;

In connection with a construction project where a helicopter is to be used to lift equipment in connection with such project; and

Spraying and dusting for agricultural purposes and/or insect suppression.

Any freestanding antenna shall be located at least nine feet from any dwelling unit or principal structure on the lot;

Antennas and associated structures which do not exceed 30 feet in height shall be located at least nine feet from any lot line;

The antenna and associated supports shall be securely anchored in a fixed position on the ground and the applicant shall provide qualified evidence that the proposed structure will withstand wind and other forces;

The antenna and its associated supports, such as guy wires, or the yard area containing the structure, shall be protected and secured to guarantee the safety of the general public. Associated supports and guy wires shall not be located any closer than five feet to any lot line;

Whenever it is necessary to install an antenna near power lines, or where damage would be caused by its falling, a separate safety wire must be attached to the antenna mast or tower and secured in a direction away from the hazard. Antennas and guy wires must be kept at least four feet clear of telephone or electric wires;

Every antenna must be adequately grounded for protection against a direct strike of lightning, with a ground wire of appropriate design. Ground wires shall be of the type approved for grounding masts and lightning arresters, and shall be installed in a mechanical manner with as few bends as possible, maintaining a clearance of at least two inches from combustible materials. Lightning arresters, approved by the Underwriters' Laboratories, Inc., shall be used. Both sides of the line must be adequately protected with proper arresters to remove static charges accumulated on the line. When lead-in conductors of polyethylene ribbon-type are used, lightning arresters must be installed in each conductor; and

When coaxial cable of shielded twin lead is used for lead-in, suitable protection may be provided without lightning arresters by grounding the exterior metal sheath.

Are screened from view from streets and other lots by landscaping or buildings in compliance with § 500-602 of this chapter; and

Are actively undergoing repair.

Perimeter drains or other types of stormwater inlets and collection systems shall be required which will convey the runoff from the entire fuel-dispensing area to a collection area where the runoff can be treated through the use of an oil-water separator prior to discharge to the environment. All oil-water separators shall be regularly maintained, including, but not limited to, emptying, removing sediment and refilled with water to ensure they are not full of oil and can work properly;

The fuel-dispensing area is defined as extending 6.5 feet from the corner of each fuel dispenser or the length at which the hose and nozzle assembly may be operated plus one foot, whichever is greater. The paving around the fuel dispensing area may exceed the minimum dimensions of the fuel-dispensing area stated above;

The fuel-dispensing area must be covered, and the cover's minimum dimensions must be equal to or greater than the area of the fuel-dispensing area, as defined above. The cover must not drain onto the fuel dispensing area; and

In addition to these regulations, the fuel-dispensing area, including sumps and collection systems, shall be designed and installed in accordance with the PA Uniform Construction Code.[1]

Spill kits shall, include, but are not limited to, an absorbent product capable of neutralizing and absorbing the regulated substance stored within the storage tanks;

Spill kits shall also include a method of disposal of the spilled substance; and

Spill kits shall be placed in conspicuous location. In instances where there is more than one dispenser in the dispensing area, there shall be one spill kit for every six dispensers.

Fifty feet from external public roads;

Fifty feet from any agricultural use, industrial use, commercial use or district;

One hundred feet from any residential use or district.

A landscaping screen with a minimum width of 25 feet shall be required to surround the site. The screen shall consist of a variety of low-level shrubs and ground covers chosen to blend in to the natural setting; and

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

Acoustically designed building. All compressors and associated mechanical equipment shall be located within a fully enclosed, acoustically designed building; and

Noise control. The noise level does not exceed a noise standard of 60 dBa at the nearest lot line or the applicable standard imposed by federal law, whichever is less.

Shall be located 750 feet from the nearest existing building or 200 feet from the nearest lot line, whichever is greater, unless waived by the owner of the adjoining building or adjoining lot.

From the intersection of street right-of-way lines: 40 feet;

From the side lot line: 10 feet;

Minimum width of access drive: 12 feet;

Maximum width of access drive: 80 feet; and

Minimum separation of drives on same lot: 25 feet.

Pumps: 40 feet;

Building: 50 feet;

Canopies: 35 feet; and

Motor vehicles shall not be permitted to be parked on sidewalk areas.

For public sewer and water supply and all other utilities, the ECHO housing shall be physically connected to those systems serving the principal dwelling. No separate utility systems or connections shall be constructed or used. All connections shall meet the applicable utility company standards; and

If on-site sewer or water systems are to be used, the applicant shall submit evidence to the Zoning Officer showing that the total number of occupants in both the principal dwelling and the ECHO housing will not exceed the maximum capacities for which the one unit systems were designed, unless those systems are to be expanded, in which case the expansion approvals are to be submitted. Any connection to or addition to an existing on-site sewer system shall comply with the requirements set forth by the PA Department of Environmental Protection and the Bradford County Sanitation Committee.

Perimeter drains or other types of stormwater inlets and collection systems shall be required which will convey the runoff from the entire fuel-dispensing area to a collection area where the runoff can be treated through the use of an oil-water separator prior to discharge to the environment. All oil-water separators shall be regularly maintained, including, but not limited to, emptying, removing sediment and refilled with water to ensure they are not full of oil and can work properly;

The fuel dispensing area is defined as extending 6.5 feet from the corner of each fuel dispenser or the length at which the hose and nozzle assembly may be operated plus one foot, whichever is greater. The paving around the fuel dispensing area may exceed the minimum dimensions of the fuel-dispensing area stated above;

The fuel-dispensing area must be covered, and the cover's minimum dimensions must be equal to or greater than the area of the fuel dispensing area, as defined above. The cover must not drain onto the fuel dispensing area; and

In addition to these regulations, the fuel-dispensing area, including sumps and collection systems, shall be designed and installed in accordance with the PA Uniform Construction Code.

Spill kits shall, include, but are not limited to, an absorbent product capable of neutralizing and absorbing the regulated substance stored within the storage tanks;

Spill kits shall also include a method of disposal of the spilled substance; and

Spill kits shall be placed in conspicuous location. In instances where there is more than one dispenser in the dispensing area, there shall be one spill kit for every six dispensers.

Clubhouse which may consist of:

Accessory recreation amenities located outside of a building, including:

Freestanding maintenance equipment and supply buildings and storage yards.

The composition of the group care facility/halfway house;

The policies and goals of the group care facility/halfway house and the means proposed to accomplish those goals;

The characteristics of the residents and number of clients/residents to be served;

The operating methods and procedures to be used; and

Any other facts relevant to the proposed operation of the group care facility/halfway house.

Adult-related uses;

Veterinarians;

Commercial kennels;

Motor vehicle or small engine repair shops;

Retail or wholesale sales;

Restaurant; and

Funeral homes.

Professional offices for individual practitioners;

Rooming and/or housing of not more than two persons;

Custom dressmaking or tailoring;

Foster family care for not more than four children simultaneously;

Day care that provides care for six or fewer children at any one time who are not relatives of the caregiver;

Tutoring for not more than four children simultaneously;

Mail order or sales businesses not involving customer contact on the premises or wholesale brokering not involving stock on the premises;

Businesses involving the use of personal computers for sales or services and which do not involve customer contact on the premises; and

Single-chair beauty shops and barbershops.

Auctions (except those as a result of default by renters), commercial wholesale or retail sales or garage sales;

The servicing, repair or fabrication of motor vehicles, boats, trailers, lawn mowers, appliances or other similar equipment;

The operation of power tools, spray-painting equipment, table saws, lathes, compressors, welding equipment, kilns, or other similar equipment;

The establishment of a transfer and storage business; and

Any use that is noxious or offensive because of odors, dust, noise, fumes or vibrations. The applicant shall adequately demonstrate that all mini self-storage units and/or use contracts shall specifically prohibit these uses.

Auditorium;

Barber and beauty shops;

Gift shop;

Meeting facilities;

Recreational uses and swimming pools;

Restaurants;

Sauna, spa or steam room;

Solarium;

Valet shop; and

Other similar retail sales and personal services.

The proposed restaurant shall offer the preparation and serving of food and drink to be consumed on the premises;

No drive-through or takeout services shall be permitted;

No additional freestanding signs other than those permitted for the principal hotel use shall be permitted; and

Sufficient required off-street parking spaces have been provided and located to conveniently serve the freestanding restaurant without interfering with required off-street parking associated with the motel/hotel use.

In addition, if the facility is to rely upon nonpublic sources of water, a water feasibility study will be provided to enable the municipality to evaluate the impact of the proposed development on the groundwater supply and on existing wells. The purpose of the study will be to determine if there is an adequate supply of water for the proposed development and to estimate the impact of the new development on existing wells in the vicinity. The water feasibility shall be reviewed by the Municipal Engineer.

A water system which does not provide an adequate supply of water for the proposed development, considering both quantity and quality, or does not provide for adequate groundwater recharge, considering the water withdrawn by the proposed development, shall not be approved by the Borough.

A water feasibility study shall include the following information:

Acoustically designed building. All associated mechanical equipment shall be located within a fully enclosed, acoustically designed building; and

Noise control. The noise level does not exceed a noise standard of 60 dbA at the nearest lot line or the applicable standard imposed by federal law, whichever is less.

Shall be located 750 feet from the nearest existing building or 200 feet from the nearest lot line, whichever is greater, unless waived by the owner of the building or adjoining lot.

May not substantially injure or detract from the lawful existing or permitted use of neighboring properties or lots;

May not adversely affect any public or private water supply source;

May not adversely affect the logical efficient and economical extensions of public services, facilities and utilities throughout the Borough;

May not create any significant damage to the health, safety or welfare of the Borough and its residents and property or lot owners;

May not result in the land area subject to quarrying being placed in a condition, which will prevent the use of that land for economically and ecologically productive uses upon completion of the quarry operation; and

Must demonstrate compliance with all applicable state regulations at all times.

The boundaries of the proposed land affected, together with the drainage area above and below the area;

The location and names of all streams, roads, railroads, wetlands, floodplains, utility lines on or immediately adjacent to the area;

The location of all buildings within 1,000 feet of the outer perimeter of the area affected, and the names and addresses of the owners and present occupants;

The purpose for which each building is used; and

The name of the owner of the affected area and the names of adjacent landowners, the municipality and the county;

All access drives shall be designed and located so as to comply with the Wyalusing Borough Driveway Ordinance.

All access drives serving the site shall have a paved minimum thirty-five-foot wide cartway for a distance of at least 200 feet from the intersecting street right-of-way line. In addition, a fifty-foot-long gravel section of access drive shall be placed just beyond the preceding 200 feet paved section to help collect any mud that may have attached to a vehicle's wheels. The owner and/or operator shall be responsible for removing any mud from public roads caused by persons traveling to and from the site.

In general, access drives shall intersect public streets at 90° as site conditions permit; however, in no case shall access drives intersect public streets at less than 70°. Said angle shall be measured from the center line of the street to the center line of the access drive.

The name or number of the operation;

The location of the operation with reference to the nearest public road;

A description of the tract or tracts, including a site plan showing the location of all improvements, stockpiles, quarry pits, etc.;

The name and address of the landowner or his duly authorized representative;

An annual report of the type and quantity of mineral produced;

The current status of the reclamation work performed in pursuance of the approved reclamation plan;

A maintenance report for the site that verifies that all required fencing, berming and screening has been specifically inspected for needed repairs and/or maintenance and that such needed repairs and/or maintenance has been performed; and

Verification that the proposed use continues to comply with all applicable state regulations. The operation shall furnish copies of any approved permits and/or any notices of violation issued by the PA Department of Environmental Protection; and

Calculations of the projected water needs;

A geologic map of the area with a radius of at least one mile from the site;

The location of all existing and proposed wells within 1,000 feet of the site with a notation of the capacity of all high-yield wells;

The location of all existing on-lot sewage disposal systems within 1,000 feet of the site;

The location of all streams within 1,000 feet of the site and all known point sources of pollution;

Based on the geologic formations underlying the site, the long-term safe yield shall be determined;

A determination of the effects of the proposed water supply system on the quantity and quality of water in nearby wells, streams and the groundwater table; and

A statement of the qualifications and the signatures of the persons preparing the study.

Proof of adequate supervision by people qualified by training and experience in the field for which the facility is intended shall be provided;

The facility must comply with the PA Uniform Construction Code[1] with respect to emergency lighting, smoke detectors, exit lights, and other safety devices;

All services provided on-site shall be contained within the structure and operated by a nonprofit, charitable, or for-profit organization;

The applicant for these facilities shall submit, with its special exception (SE) application, a plan outlining in detail the management of the facility. This shall include information on personnel, supervision, hours of operation, services provided, rules and regulations, and any other information pertinent to the operation of the facility.

Dining facilities;

Medical facilities, including treatment, nursing and convalescent facilities;

Office and retail service facilities designed and adequate to serve only the members of the life-care community, including, but not necessarily limited to, medical or dental clinic, pharmacy, retail uses such as a gift shop, coffee shop, bank, and/or personal services such as a barber or beauty shop.

The location of the solar collector or array meets all applicable setback requirements of the district in which it is located;

The height of the solar collector and any mounts shall not exceed 20 feet when oriented at maximum tilt;

The total surface area of all ground-mounted and freestanding solar collectors and arrays on the lot shall not exceed 1,000 square feet; and

A PA Uniform Construction Code building permit has been obtained for the solar collector.

The nature of the on-site activities and operations, the types of materials stored, the frequency of distribution and restocking, the duration period of storage of materials and the methods for disposal of any surplus or damaged materials. In addition, the applicant shall furnish evidence that the disposal of materials will be accomplished in a manner that complies with state and federal regulations;

The general scale of operation in terms of its market area, specific floor space requirements for each activity, the total number of employees of each shift, and an overall needed site size or area; and

Any environmental impacts that are likely to be generated (e.g., noise, smoke, dust, litter, glare, outdoor lighting, vibration, electrical disturbance, wastewater, stormwater, solid waste, etc.) and specific measures employed to mitigate or eliminate any negative impacts. The applicant shall further furnish evidence that the impacts generated by the proposed use fall within acceptable levels as regulated by Article VI and all other applicable laws and ordinances.

Application information. All required application information, and all other necessary information to enable the Borough to assess compliance with this chapter; and

Susquehanna River Basin Commission (SRBC) Approval by Rule. A copy of all applications and information required by the applicable SRBC Rules and Regulations for Water Withdrawal.

Application information. All required application information, and all other necessary information to enable the Borough to assess compliance with this chapter; and

Department of Environmental Protection (DEP) application information. A copy of the WMGR123 application and information required by the applicable DEP rules and regulations.

Application information. All required application information, and all other necessary information to enable the Borough to assess compliance with this chapter; and

Susquehanna River Basin Commission (SRBC) Approval by Rule. A copy of all applications and information required by the applicable SRBC Rules and Regulations for Water Withdrawal.

Any structure supporting the small wind energy system, including guideposts and cables, shall be independent of any occupied structure and located at a minimum distance of the turbine height plus 10 feet from any existing aerial utility line or occupied dwelling and shall not be more than 80 feet in height. Properties or lots over two acres may have small wind energy system tower heights up to and including 140 feet;

The minimum distance between the small wind energy system tower and any lot line shall not be less than twice the turbine height. No part of the system, including guy wires and anchors, may extend closer than 10 feet from the lot boundary;

The minimum distance between the ground and the lowest point of the wind rotor blade shall be 20 feet;

One small wind energy system tower shall be permitted per lot, and all energy produced from such turbine shall be used on the lot;

The small wind energy system shall have an automatic overspeed control to render the system inoperable when winds are blowing in excess of the speeds for which the system is designed, and a manually operable method to render the system inoperable in the event of a structural or mechanical failure of any part of the system;

All ground-mounted electrical and control equipment shall be labeled and secured to prevent unauthorized access. The small wind energy system tower shall be designed and installed so as not to provide step bolts, a ladder, rungs or other publicly accessible means of climbing the tower, for a minimum height of eight feet above the ground elevation;

All electrical wires associated with the small wind energy system shall be located underground where practical;

No small wind energy system shall have any signage, writing, pictures or decorations placed on it at anytime other than warning, equipment and owner information;

Small wind energy systems shall not be artificially lighted unless the Federal Aviation Administration or the Pennsylvania Bureau of Aviation requires such lighting; and

Small wind energy systems that are out of service for a continuous twelve-month period will be deemed to have been abandoned. If deemed abandoned, the owner will be responsible for the removal of the small wind energy system and all costs, financial or otherwise, of the small wind energy system removal; and

Lot lines and physical dimensions of the lot.

Location, dimensions and types of existing principal and accessory structures on the property or lot.

Location of the small wind energy system tower.

The right-of-way delineation of any public road that is contiguous with the property or lot.

Easements.

Overhead/underground utility lines.

Specifications for the small wind energy system, including the manufacturer, model, tower height, tower type (freestanding or guyed), rotor diameter, etc.

Detailed tower and tower foundation drawings stamped and sealed by a Pennsylvania licensed professional engineer or approved plans by Wyalusing Borough's third-party building inspector.

The applicant shall identify all state and local public roads to be used within Wyalusing Borough to transport equipment and parts for construction, operation or maintenance of the wind energy facility.

An engineer or a qualified third party engineer hired by Wyalusing Borough and paid for by the applicant shall document road conditions prior to construction. The engineer shall document road conditions again 30 days after construction is complete or as weather permits.

Wyalusing Borough may bond the road in compliance with state regulations and/or the Borough Posting and Bonding Ordinance.

Any road damage caused by the applicant or its contractors shall be promptly repaired at the applicant's expense.

The applicant shall demonstrate that it has appropriate financial assurance to ensure the prompt repair of damaged roads.

The applicant shall provide a copy of the project summary and site plan to local emergency services, including the Wyalusing Valley Volunteer Fire Department.

Upon request, the applicant shall cooperate with the Borough Emergency Management Coordinator to develop and coordinate implementation of an emergency response plan for the wind energy facility.

The facility owner and/or operator shall, at its expense, complete decommissioning of the wind energy facility, or individual wind turbines, within 12 months after the end of the useful life of the facility or individual wind turbines. The wind energy facility or individual wind turbines will be presumed to be at the end of its useful life if no electricity is generated for a continuous period of 12 months.

Decommissioning shall include removal of wind turbines, buildings, cabling, electrical components, roads, foundations to a depth of 36 inches, and any other associated facilities.

Disturbed earth shall be graded and reseeded, unless the landowner requests in writing that the access roads or other land surface areas not be restored.

An independent and certified professional engineer shall be retained to estimate the total cost of decommissioning ("decommissioning costs") without regard to salvage value of the equipment, and the cost of decommissioning net salvage value of the equipment ("net decommissioning costs"). Said estimates shall be submitted to Wyalusing Borough after the first year of operation and every fifth year thereafter.

The facility owner and/or operator shall post and maintain decommissioning funds in an amount equal to net decommissioning costs; provided that at no point shall decommissioning funds be less than 100% of decommissioning costs. The decommissioning funds shall be posted and maintained with a bonding company or federal- or commonwealth-chartered lending institution chosen by the facility owner and/or operator and participating landowner posting the financial security, provided that the bonding company or lending institution is authorized to conduct such business within the commonwealth and is approved by Wyalusing Borough.

Decommissioning Funds may be in the form of a performance bond, surety bond, letter of credit, corporate guarantee or other form of financial assurance as may be acceptable to Wyalusing Borough.

If the facility owner and/or operator fails to complete decommissioning within the period, prescribed above, then the landowner shall have six months to complete decommissioning.

If neither the facility owner and/or operator, nor the landowner complete decommissioning within the periods prescribed above, then the Wyalusing Borough Council may take such measures as necessary to complete decommissioning. The entry into and submission of evidence of a participating landowner agreement to Wyalusing Borough shall constitute agreement and consent of the parties to the agreement, their respective heirs, successors and assigns that Wyalusing Borough may take such action as necessary to implement the decommissioning plan.

The escrow agent shall release the decommissioning funds when the facility owner and/or operator has demonstrated and Wyalusing Borough Council concur that decommissioning has been satisfactorily completed, or upon written approval of the Wyalusing Borough Council in order to implement the decommissioning plan.

The facility owner and/or operator shall make reasonable efforts to respond to the public's inquiries and complaints.

The facility owner and/or operator shall keep a record of all such inquiries and complaints and shall submit a report thereof to the Wyalusing Borough Council not less than quarterly.

It shall be unlawful for any person, firm, or corporation to violate or fail to comply with or take any action which is contrary to the terms of this article, or any permit issued under this article, or cause another to violate or fail to comply, or to take any action which is contrary to the terms of this article or any permit issued under this article.

If Wyalusing Borough determines that a violation of this article or the permit has occurred, the Wyalusing Borough Zoning Officer shall provide written notice to any person, firm, or corporation alleged to be in violation of this article or permit. If the alleged violation does not pose an immediate threat to public health or safety, the Wyalusing Borough Council and the parties shall engage in good faith negotiations to resolve the alleged violation. Such negotiations shall be conducted within 30 days of the notice of violation.

If after 30 days from the date of the notice of violation, Wyalusing Borough determines, in its discretion, that the parties have not resolved the alleged violation, the Wyalusing Borough Council may institute civil enforcement proceedings or any other remedy at law to ensure compliance with this article or permit.

Among other things, the application shall contain the following:

Throughout the permit process, the applicant shall promptly notify the Wyalusing Borough Zoning Officer of any changes to the information contained in the special exception (SE) permit application. Changes to the pending application that do not materially alter the initial site plan may be adopted without a renewed public hearing.

Lot area shall be determined on the basis of building size, yard requirements, water and wastewater requirements and other applicable standards as per Article IV of this chapter;

For a wine tasting room and retail sales, the maximum floor area of a building, which may be devoted to serving the customers, shall be 1,500 square feet. Floor area devoted to serving the customer shall include any area for customer access and circulation, for the display of products including floor area devoted to counters, tables, display cases, preparing products for customers and similar purposes. Floor area not included in the area devoted to serving the customer would include display area outside the building or structure as well as inside floor area for storage and processing of wine where customer access is restricted, except for instructional tours related to the wine-making process;

Wine tasting room and retail sales may provide for the sale of wine and related products, wine tasting, and instruction related to the wine-making process;

The use of the space within the wine-tasting room and retail sale area for special events such as parties or receptions is permitted in accordance with the following standards:

All applications for the construction or installation of new wireless communications facilities shall contain the information hereinafter set forth. The application shall be signed by an authorized individual on behalf of the applicant. Where a certification is called for, such certification shall bear the signature and seal of a professional engineer licensed in the State of Pennsylvania. The application shall include the following information:

Certification and report.

The applicant shall certify that the telecommunication facility, foundation and attachments are designed and will be constructed to meet all local, Borough, state and federal structural requirements for loads, including wind and ice loads.

It is the obligation of the applicant to effectively and completely screen the base and all related facilities and structures of the proposed wireless telecommunications facilities. The applicant shall demonstrate and provide in writing how this screening shall be accomplished.

Any and all representations made by the applicant to the Borough on the record during the application process, whether written or verbal, shall be deemed a part of the application and may be relied upon in good faith by the Borough.

All utilities at a wireless telecommunication facilities site shall be installed underground and in compliance with all laws, ordinances, rules and regulations of the Borough, including specifically, but not limited to, the National Electrical Safety Code and the National Electrical Code, where appropriate.

All wireless telecommunication facilities shall contain a demonstration that the facility be sited so as to be the least visually intrusive reasonably possible and thereby have the least adverse visual effect on the environment and its character, on existing vegetation, and on the residences in the area of the wireless telecommunication facility. If in the judgment of the governing body, the wireless telecommunication facility is not the least visually intrusive possible or does not have the least adverse visual effect on the environment, such shall be a basis for rejecting the application.

Both the wireless telecommunications facility and any and all accessory or associated facilities shall be required to use building materials, colors and textures designed to blend with the structure to which it may be affixed and/or to harmonize with the natural surroundings. This shall include the utilization of stealth or concealment technology as may be required by the Borough. Failure to do so shall be a basis for rejecting the application.

At a telecommunications site, an access road, turnaround space and parking shall be provided to assure adequate emergency and service access. Maximum use of existing roads, whether public or private, shall be made to the extent practicable. Road construction shall at all times minimize ground disturbance and the cutting of vegetation. Road grades shall follow natural contours to assure minimal visual disturbance and reduce soil erosion.

The applicant shall examine the feasibility of designing a proposed tower to accommodate future demand for at least five additional commercial applications, for example, future co-locations. The tower shall be structurally designed to accommodate at least five additional antenna arrays equal to those of the applicant, and located as close to the applicant's antenna as possible without causing interference. This requirement may be waived, provided that the applicant, in writing, demonstrates that the provisions of future shared usage of the tower is not technologically feasible, is commercially impracticable or creates an unnecessary and unreasonable burden, based upon:

Any waiver is entirely at the discretion of the governing body. The owner of the proposed new tower, and his/her successors in interest, shall negotiate in good faith for the shared use of the proposed tower by other wireless service providers in the future, and shall:

There shall be a preapplication meeting. The purpose of the preapplication meeting will be to address issues which will help to expedite the review and permitting process. A preapplication meeting shall also include a site visit if there has not been a prior site visit for the requested site. Costs of the Borough's consultants to prepare for and attend the preapplication meeting will be borne by the applicant. The preapplication meeting shall be conducted with members of the Wyalusing Borough Planning Commission and Zoning Officer.

Holder of a special exception (SE) permit shall notify the Borough of any intended modification of a wireless telecommunications facility and shall apply to the Borough to modify, relocate or rebuild a wireless telecommunications facility.

The applicant will provide a written copy of an analysis, completed by a qualified individual or organization, to determine if the tower or existing structure intended to support wireless facilities requires lighting under Federal Aviation Administration (FAA) Regulation Part 77. This requirement shall be for any new tower or for an existing structure or building where the application increases the height of the structure or building. If this analysis determines that the FAA must be contacted, then all filings with the FAA, all responses from the FAA and any related correspondence shall be provided in a timely manner.

As an option, in order to better inform the public, in the case of a new telecommunication tower, the applicant shall, prior to the public hearing on the application, hold a "balloon test." The applicant shall arrange to fly, or raise upon a temporary mast, a minimum of a three feet in diameter brightly colored balloon at the maximum height of the proposed new tower. The dates (including a second date, in case of poor visibility on the initial date) times and location of this balloon test shall be advertised by the applicant seven and 14 days in advance of the first test date in a newspaper with a general circulation in the Borough. The applicant shall inform the Borough, in writing, of the dates and times of the test, at least 14 days in advance. The balloon shall be flown for at least four consecutive hours sometime between 7:00 a.m. and 7:00 p.m. on the dates chosen.

Locating on existing tower(s) or other structures without increasing the height, shall be preferred by the Borough, as opposed to the construction of a new tower in the designated zoning districts. The applicant shall submit a comprehensive report inventorying existing tower(s) and other suitable structures within four miles of the location of any proposed new tower(s), unless the applicant can show that some other distance is more reasonable and demonstrate conclusively when an existing tower(s) or other suitable structure cannot be used.

An applicant intending to locate on an existing tower(s) or other suitable structure shall be required to document the intent of the existing owner to permit its use by the applicant.

Such shared use shall consist only of the minimum antenna array technologically required to provide service primarily and essentially within the Borough, to the extent practicable, unless good cause is shown.

The applicant shall submit documentation justifying the total height of any tower, facility and/or antenna and the basis therefor. Such documentation will be analyzed in the context of the justification of the height needed to provide service primarily and essentially within the Borough, to the extent practicable, unless good cause is shown.

Building-mounted antennas should be located and designed to be an integral part of the building and shall be secured or camouflaged, as necessary or as reasonably required by the Borough Council, to minimize the visual impact on surrounding properties and minimize any change in or impact on the nature and character of the community.

No tower constructed after the effective date of this chapter, including allowing for all attachments, shall exceed that height which shall permit operation without required artificial lighting of any kind in accordance with municipal, Borough, state, and/or any federal statute, law, local law, Borough ordinance, code, rule or regulation or 200 feet, whichever is less.

Wireless telecommunications facilities shall not be artificially lighted or marked, except as required by Federal Aviation Administration/Pennsylvania Bureau of Aviation.

Towers shall be galvanized and painted with a rust-preventive paint of an appropriate color to harmonize with the surroundings and shall be maintained in accordance with the requirements of this chapter.

If lighting is required, applicant shall provide a detailed plan for sufficient lighting of as unobtrusive and inoffensive an effect as is permissible under Federal Aviation Administration/Pennsylvania Bureau of Aviation requirements.

All proposed towers and any other proposed wireless telecommunications facility structures shall be set back from abutting parcels, recorded rights-of-way and road and street lines by the greater of the following distances:

The Borough may hire any consultant and/or expert necessary to assist the Borough in reviewing and evaluating the application, including the construction and modification of the site, once permitted.

An applicant shall deposit, with the Borough, funds sufficient to reimburse the Borough for all reasonable costs of consultant and expert evaluation and consultation to the Borough in connection with the review of any application including the construction and modification of the site, once permitted. The initial deposit shall be $10,000. The placement of the $10,000 with the Borough shall precede the preapplication meeting. The Borough will maintain a separate escrow account for all such funds. The Borough's consultants/experts shall invoice the Borough for its services in reviewing the application, including the construction and modification of the site, once permitted. If at any time during the process this escrow account has a balance less than $2,500, the applicant shall immediately, upon notification by the Borough, replenish said escrow account so that it has a balance of at least $5,000. Such additional escrow funds shall be deposited with the Borough before any further action or consideration is taken on the application. In the event that the amount held in escrow by the Borough is more than the amount of the actual invoicing, the remaining balance shall be refunded to the applicant at the conclusion of the project.

The total amount of the funds needed as set forth in Subsection F(2) of this section may vary with the scope and complexity of the project, the completeness of the application and other information as may be needed to complete the necessary review, analysis and inspection of any construction or modification.

Such special exception (SE) permit shall be nonexclusive;

Such Special Exception (SE) Permit shall not be assigned, transferred or conveyed without the express prior written notification to the Borough; and

Such special exception (SE) permit may, following a hearing upon due prior notice to the applicant, be revoked, canceled, or terminated for a violation of the conditions and provisions of the special exception (SE) permit, or for a material violation of this chapter after prior written notice to the holder of the special exception (SE) permit.

The applicant and the owner of record of any proposed wireless telecommunications facilities property site shall, at its cost and expense, be jointly required to execute and file with the Borough, a bond, or other form of security acceptable to the Borough as to type of security and the form and manner of execution, in an amount of at least $75,000 and with such sureties as are deemed sufficient by the Borough to assure the faithful performance of the terms and conditions of the chapter and conditions of a special exception (SE) permit issued pursuant to the chapter. The full amount of the bond or security shall remain in full force and effect throughout the term of the special exception (SE) permit and/or until any necessary site restoration is completed to restore the site to a condition comparable to that which existed prior to the issuance of the original special exception (SE) permit.

If wireless telecommunications facilities are repaired, rebuilt, replaced, removed, relocated, modified or maintained in a way that is inconsistent or not in compliance with the provisions of this chapter or of the special exception (SE), then the Borough shall notify the holder of the special exception (SE) permit in writing of such violation. Such notice shall specify the nature of the violation or noncompliance and that the violations must be corrected within 60 days of the date of the postmark of the notice, or of the date of personal service of the notice, whichever is earlier. Notwithstanding anything to the contrary in this subsection or any other section of this chapter, if the violation causes, creates or presents an imminent danger or threat to the health or safety of lives or property, the Borough may, at its sole discretion, order the violation remedied.

If within the period set forth in Subsection I(1) above, the wireless telecommunications facilities are not brought into compliance with the provisions of this chapter, or of the special exception (SE) permit, or substantial steps are not taken in order to bring the affected wireless telecommunications facilities into compliance, then the Borough may revoke such special exception (SE) permit for wireless telecommunications facilities, and shall notify the holder of the special exception (SE) permit within 48 hours of such action.

Under the following circumstances, the Borough may determine that the health, safety, and welfare interests of the Borough warrant and require the removal of wireless telecommunications facilities:

If the Borough makes such a determination as noted in Subsection J(1) of this section, then the Borough shall notify the holder of the special exception (SE) permit for the wireless telecommunications facilities within 48 hours that said wireless telecommunications facilities are to be removed, the Borough may approve an interim temporary use agreement/permit, such as to enable the sale of the wireless telecommunications facilities.

The holder of the special exception (SE), or its successors or assigns, shall dismantle and remove such wireless telecommunications facilities, and all associated structures and facilities, from the site and restore the site to as close to its original condition as is possible, such restoration being limited only by physical or commercial impracticability, within 90 days of receipt of written notice from the Borough. However, if the owner of the property upon which the wireless telecommunications facilities are located, wishes to retain any access roadway to the wireless telecommunications facilities, the owner may do so with the approval of the Borough.

If wireless telecommunications facilities are not removed or substantial progress has not been made to remove the wireless telecommunications facilities within 90 days after the permit holder has received notice, then the Borough may order officials or representatives of the Borough to remove the wireless telecommunications facilities at the sole expense of the owner of special exception (SE) permit holder.

If the Borough removed, or causes to be removed, wireless telecommunications facilities, and the owner of the wireless telecommunications facilities does not claim and remove it from the site to a lawful location within 10 days, then the Borough may take steps to declare the wireless telecommunications facilities abandoned and sell them and their components.

Notwithstanding anything in this section to the contrary, the Borough may approve a temporary use permit/agreement for the wireless telecommunications facilities, for no more than 90 days, during which time a suitable plan for removal, conversion, or relocation of the affected wireless telecommunications facilities shall be developed by the holder of the special exception (SE) permit, subject to the approval of the Borough, and an agreement to such plan shall be executed by the holder of the special exception (SE) permit and the Borough. If such a plan is not developed, approved and executed within the ninety-day time period, then the Borough may take possession of and dispose of the affected wireless telecommunications facilities in the manner provided in this section.