Wyoming City Zoning Code
PART 6
SUPPLEMENTAL PROVISIONS
§ 27-601 Amusement Centers.
Amusement centers, including bowling alleys, dance halls and similar uses shall provide proper parking areas with vehicular circulation designed so as to minimize traffic congestion, shall not be closer than 10 feet to any property line, shall provide adequate screening from any Residence District, and shall prevent offensive noise, vibration, and lighting.
§ 27-602 Animal Hospital and Similar Uses.
No animal hospital, veterinary clinic and kennel shall be located closer than 100 feet to any Residence District, or existing restaurant, hotel, motel, tourist court or trailer camp. Adequate measures shall be taken to prevent offensive noise and odor.
§ 27-603 Animals in Residence, Business and Mining Districts.
Farm animals, including horses, shall not be kept in Residence, Neighborhood Business, Community Business and Mining Districts. Household pets shall be limited to four combined per family in Residence Districts.
§ 27-604 Outdoor Advertisements and Signs.
1.
General Provisions.
B.
A sign indicating the name or number of the owner and/or premises or the accessory use of a dwelling for a home occupation or for professional purposes, provided that such sign shall not exceed one square foot in area.
C.
One bulletin board on church, school, or college property, not over 20 square feet in area.
D.
A sign on a farm, noting the sale of articles grown or produced on premises, provided that such sign shall not exceed six square feet in area, shall be at least 10 feet from any public right-of-way and at least 50 feet from the nearest corner of a road intersection.
E.
Directional or informational signs of a public or quasi-public nature, not exceeding six square feet in area. Such signs shall contain no advertising matter, and shall not be illuminated, but may be of the beaded reflector type.
F.
No signs for adult entertainment/adult bookstore (theater) operations shall contain photographs, silhouettes, drawings or pictorial representations of any manner, and may contain only the name of the regulated establishment.
2.
Real Estate Signs.
A.
A temporary real estate sign, not exceeding six square feet in area, indicating the sale or lease only of the property on which such sign is displayed; provided that where parcels of land are offered for sale or lease, having a road frontage of 200 feet or more, a sign or signs totaling not more than 20 square feet in area for each 200 feet of frontage may be posted. The sign shall be removed from the premises within 30 days after the sale or rental thereof.
B.
One temporary sign not exceeding 60 square feet in area in subdivisions containing less than 25 lots and located therein, and set back from every street line the distance required for a principal building in the district in which it is located.
C.
One temporary sign not exceeding 150 square feet in area in subdivisions containing 25 or more lots and located therein and set back from every street line a minimum distance in feet equal to the number of square feet of the sign, but such setback shall not be less than the distance required for a principal building in the district in which the sign is located, and need not be more than 100 feet in any case.
3.
Construction Advertisements. Building contractors' and professional persons' temporary advertisement on or adjacent to buildings under construction, limited to a total area for all such signs of 150 square feet.
4.
Business or Industrial Signs. Business or industrial signs are permitted in business or industrial zones, under the following conditions, as limited in § 27-604, Subsection 4.
A.
Number of Signs. The number of signs shall be limited to three for each street on which the establishment fronts, as for instance, one parallel, one projecting, and one freestanding sign. In addition, one identification sign for a shopping center or other integrated group of stores, commercial buildings, or industrial buildings, may be added for each street on which the properties front; provided that no such signs shall be located within 100 feet of any existing principal building on adjoining residential premises on the same side of the street, or opposite land zoned for residential purposes on the other side of the street. Temporary professionally made signs are also permitted limited to 48 square feet in size.
5.
Outdoor Advertisements. Outdoor advertisements are limited to the B-3, B-4, M-1, and M-3 Districts.
A.
Location: No outdoor advertisement shall be permitted within 200 feet of any Residence District, nor facing any public or parochial school, library, church, hospital or similar institutional use if closer than 200 feet.
B.
Spacing: No two outdoor advertisements shall be located closer to one another than the distance equal to 1/5 of their combined gross square foot area, except that no two such advertisements shall be closer to one another than 120 feet.
C.
Setbacks: Outdoor advertisements shall conform with all yard spaces required for the district in which they are located.
D.
Size: The total surface area of any outdoor advertisements, exclusive of structural supports and trim, shall not exceed in square feet, four times the frontage of the lot or tract on which it or they stand, nor shall any individual advertisement of a poster panel exceed 300 square feet, or painted advertisement - 600 square feet. However, where a lot or tract is already occupied by a use or structure exhibiting signs, the total surface area of signs and outdoor advertisements shall not exceed in square feet, four times the lot frontage.
6.
Limitations for All Signs and Outdoor Advertisements.
A.
Their surface shall include only one face, and if composed of individual letters, figures or designs, the space between and around such letters, figures or designs.
B.
Any freestanding or projecting sign or outdoor advertisement within 25 feet of a street right-of-way line shall be so placed as to allow clear and ample visual sight lines for driveways leading into a street, for the intersection of two streets, or a street with an alley.
7.
Height.
A.
Maximum Height: No sign or outdoor advertisement shall project above the height limit of structures in the district in which it is located, nor shall it extend more than 20 feet above the highest part of the roof.
B.
Clearance: No hanging, suspended or projected sign (except in service station driveways) or outdoor advertisement, shall have a vertical clearance of less than 14 feet over any vehicular public way, nor less than nine feet over any pedestrian public way. In service station driveways, the minimum clearance shall be 12 feet. Public ways used in this subsection include privately owned sidewalks or drives, customarily used by the public.
8.
Maintenance. All signs and outdoor advertisements shall be maintained in good condition, as determined by the Zoning Officer, otherwise they shall be ordered removed, after due notice.
9.
Projections. No sign or outdoor advertisement shall project from the wall of a building more than six feet.
10.
Lighting or Moving.
A.
If illuminated, the light shall be confined to the surface of the sign or outdoor advertisement, which shall be located and arranged as to avoid glare or reflection onto any portion of any designated highway or into the path of incoming vehicles, or into any adjacent residential premises.
B.
Flashing or moving outdoor advertisements shall not be permitted in any district, and flashing or moving signs are not permitted in any district except B-2, B-3, B-4 Districts, where signs are located on business premises, and where these signs are located and arranged as to avoid glare or reflection onto any portion of any adjacent highway or into the path of oncoming vehicles, or into any adjacent residential premises.
§ 27-605 Cemeteries, Crematories, Columbaria, and Mausoleums.
Due consideration shall be given to compatibility with adjacent land uses, existing or proposed highways, and any elements or factors deemed to affect the public health, safety, and welfare of the surrounding area, and a minimum setback may be required from any property line for any structure, grave or place of temporary or permanent burial, and such walls, fences, and/or planting of shrubbery, trees or vines may be required as may be reasonable and proper to afford adequate screening.
§ 27-606 Community Buildings, Social Halls, Lodges, Fraternal Organizations, Clubs, and Similar Social or Recreational Establishments.
Buildings housing any of these uses shall be distant not less than 20 feet from any other lot in any Residence District, and there shall be no external evidence of any gainful activity, however incidental, nor any access to any spaces used for gainful activity, other than within the building.
§ 27-607 Day Nursery, Nursery School, Private Kindergarten, or Child Welfare Center.
§ 27-608 Drive-In Theaters.
1.
Where possible, access shall be to minor roads, rather than highways, to reduce congestion and accidents.
2.
Theater screens shall be placed so that they are not visible from a highway or shall be screened with adequate fencing or planting.
3.
No central loudspeakers shall be permitted.
4.
All parts of the theater shall be at least 200 feet from any Residence District.
§ 27-609 Golf Driving Ranges and Miniature Golf.
All lighting installations shall be such and be so arranged as not to increase traffic hazards or to cause direct or glaring reflection into adjoining premises.
§ 27-610 Home Occupations.
A home occupation shall be an incidental use of a dwelling unit conducted only by residents of the building, who may not employ more than one additional nonresident person. The following additional conditions shall be fulfilled:
1.
Where Permitted: Within a single dwelling unit, provided that only one home occupation per dwelling unit is permitted.
2.
Evidence of Use: No exterior evidence of the home occupation shall be visible, other than a permitted sign.
3.
Extent of Use: Not more than 20% of the gross floor area of any dwelling unit may be used for a home occupation, except for medical and dental offices and foster family care, which may use up to 40%.
4.
Permitted Uses: Fine arts studios, professional and medical offices, dressmaking, and similar occupations, but excluding commercial stables or kennels, and any occupation that may customarily require the use of a panel or delivery truck more than one ton, or similar vehicle. Outdoor storage of materials or products is also prohibited. Any use which produces offensive and disturbing noise, smoke, odor, or other objectionable effect is prohibited.
5.
No-Impact Home Occupations: The business activity shall be compatible with the residential use of the property and surrounding properties, have no nonresident employee, no display or sale of retail goods, no inventory of a substantial amount, no parking, lights, or signs. The business shall not create noise, vibration, glare, fumes, odors, or electrical or electronic interference, including with radio or television reception. The business may not generate solid waste, or sewage, which is above the normal residential amount, must be conducted entirely within the dwelling unit not using more than 25% of the floor area, and may not involve an illegal activity.
§ 27-611 Hospitals and Related Uses.
1.
Hospitals, sanitaria, and convalescent or nursing homes shall locate future structures or extensions thereto, at least 1,000 feet distant from any lot in any Residence District, or any lot occupied by a dwelling, school, church or institution for human care.
2.
Hospitals or sanitaria which do not primarily treat communicable diseases, insane or feeble-minded patients, epileptics, drug or alcoholic patients, and which are not penal or correctional institutions, shall have a minimum size of three acres. Other hospitals and sanitaria shall have a minimum size of 15 acres.
3.
Hospitals, sanitaria, or medical clinics that primarily treat patients that are categorized as drug addicts or alcoholics, through either in-patient or out-patient treatment or boarding homes that provide services such as, but not limited to, the care, treatment, supervision, or the housing of such individuals shall adhere to these additional provisions as set forth:
B.
Pertaining to boarding homes:
(1)
No establishment defined as such shall house more than three individuals at any one time.
(2)
Shall be restricted to R-3 residential zoning areas.
(3)
Shall provide documentation of treatment plans along with certification from the Pennsylvania Department of Health for the treatment/facility.
(4)
Shall have 24/7 on-site medical personnel who are licensed to practice medicine.
(5)
Shall have one bathroom consisting of a shower, sink, and bathtub/shower per resident.
§ 27-612 Junkyards and Similar Storage Areas - Including Automobile Wrecking.
1.
All junkyards shall be completely screened from roads or developed areas with a solid fence or wall 10 feet or more in height, maintained in good condition, and painted except for masonry construction, or with suitable plantings.
2.
No operations shall be conducted which shall cause a general nuisance or endanger the public health.
3.
All existing junkyards shall comply with these requirements within one year of the date of this chapter, or shall then terminate their operation.
§ 27-613 Motels.
§ 27-614 Off-Street Loading and Parking.
1.
Off-Street Loading. Every building which requires the receipt or distribution by vehicles of material or merchandise, shall provide off-street loading berths in accordance with the table below:
Off-Street Loading Space Requirements | ||
|---|---|---|
Uses | Floor Area (square feet) | Required Berths |
Schools | 15,000 or more | 1 |
Hospitals (including ambulance space) | 10,000 to 300,000 | 1 |
For each additional 300,000 or major fraction thereof | 1 additional | |
Undertakers and funeral parlors | 5,000 | 1 |
For each additional 5,000 or major fraction thereof | 1 additional | |
Hotels and offices | 10,000 or more | 1 |
Commercial, wholesale manufacturing and storage | 10,000 to 25,000 | 1 |
25,000 to 40,000 | 2 | |
40,000 to 60,000 | 3 | |
60,000 to 100,000 | 4 | |
For each additional 50,000 or major fraction thereof | 1 additional | |
Each loading space shall not be less than 10 feet in width, 35 feet in length, and 14 feet in height and may occupy all or part of a required yard. | ||
2.
Off-Street Parking. In all districts, off-street parking facilities shall be provided and properly maintained, as set forth in this section, for any building which is hereafter erected, enlarged or increased in capacity. Such facilities shall be made available for public use.
A.
Size and Access.
(1)
Each off-street parking space shall have an area of not less than 180 square feet exclusive of access drives or aisles and be in usable shape and condition. Except in the case of dwellings, no parking area shall contain less than three spaces.
(2)
There shall be adequate ingress and egress to all parking spaces. Where a lot does not abut on a public or private alley or easement of access, there shall be provided an access drive leading to the parking or storage areas or loading spaces. Such access drive shall not be less than 10 feet in width in the case of a dwelling, and not less than 20 feet in all other cases.
(3)
Access to off-street parking areas shall be limited to several well-defined locations, and in no case shall there be unrestricted access along the length of a street or alley.
B.
Number of Parking Spaces Required. The number of off-street parking spaces required is set forth in the following table. Where the use of the premises is not specifically mentioned, requirements for similar uses shall apply.
Off-Street Parking Space Requirements | |
|---|---|
Uses | Required Spaces |
Automated laundry | 1 for each laundry machine |
Automobile sales and service garages | 1 for each 400 square feet of floor area |
Banks or professional offices | 1 for each 300 square feet of floor area |
Bowling alleys | 5 for each alley |
Churches and schools | 1 for each 3.5 seats in an auditorium, or 1 for each 17 classroom seats, whichever is greater |
Community buildings and social halls | 1 for each 100 square feet of floor area |
Driving ranges and miniature golf | 1 for each tee |
Food supermarkets | 1 for each 200 square feet of floor area |
Funeral homes, mortuaries | 7 for each parlor |
Furniture or appliance stores | 1 for each 200 square feet of floor area |
Hospitals, nursing and convalescent homes | 1 for each 3 beds, plus 1 for each employee |
Hotels | 1 space unit for each 2 living or sleeping units |
Manufacturing plants, research or testing labs, bottling plants | 1 for each 1,000 square feet of floor area, plus 1 for each 4 employees in the maximum working shift. The total parking area shall not be less than 25% of the building floor area |
Medical or dental offices | 5 spaces for each doctor or dentist |
Multiple dwellings | 1.5 spaces for each dwelling unit |
Restaurants, beer parlors, and night clubs | 1 for each 2.5 seats |
Retail stores and shops | 1 for each 300 square feet of floor area, where the floor area exceeds 1,000 square feet |
Rooming houses and dormitories | 1 for each 2 bedrooms |
Service stations | 2 for each service bay |
Single- and 2-family dwellings | 1 for each family or dwelling unit |
Sports arenas, auditoriums, theaters, assembly halls | 1 for each 3.5 seats |
Trailer or monument sales or auctions | 1 for each 2,500 square feet of lot area |
Wholesale establishments or warehouses | 1 for each 2 employees on maximum shift. The total parking area shall not be less than 25% of the building floor area |
C.
Location of Facilities. Required facilities shall be located on the same zone lot as the use to which they are accessory, or else within a radius of 400 feet; provided that required spaces conform with the provisions set forth herein, and that such spaces shall be in the same ownership as the use to which they are accessory and shall be subject to deed restrictions filed in an office of record, binding the owner and his heirs or assigns to maintain the required number of spaces throughout the life of such use.
3.
Facilities or Requirements for Parking and/or Loading. Off-street parking and loading facilities may be provided jointly for separate uses if approved by the Zoning Hearing Board. The total number of spaces shall not be less than the sum of the separate requirements for each use, and shall comply with all regulations governing location of accessory spaces.
4.
Development of Parking Lots and Loading Areas (including Commercial Parking Lots, Automobile or Trailer Sales Lots).
A.
Screening and Landscaping. Off-street parking areas for more than five vehicles, and off-street loading areas, shall be effectively screened on each side which adjoins or faces residential or institutional premises situated in any Residence District.
B.
Minimum Distances and Setbacks. No off-street loading area or parking area for more than five vehicles shall be closer than 10 feet to any adjoining dwelling, school, hospital, or similar institution. If it adjoins a Residence District, no parking area shall be located less than 10 feet from the established street right-of-way line within 50 feet of any Residence District.
C.
Surfacing. Surfacing shall consist of an asphaltic or Portland cement binder pavement (or similar durable and dustless surface), graded and drained to dispose of all surface water, and designed to provide for orderly and safe loading and parking.
D.
Lighting. Any lighting used to illuminate off-street parking or loading areas shall be arranged so as to reflect the light away from adjoining premises in any Residence District.
§ 27-615 Planned Building Groups.
1.
Integrated Neighborhood and Community Shopping Centers.
A.
Preliminary Plan and Minimum Size. The owner of a tract of land located in any district at or near where a proposed shopping center is shown on the Land Use Plan of Wyoming Borough, containing not less than two acres in the case of a neighborhood shopping center (B-1 District type), and not less than 15 acres in case of a community shopping center (B-2 District type), shall submit to the Commission for its review a preliminary plan for the use and development of such tract of land for an integrated shopping center.
B.
Applicant's Financial Ability. In accepting such plan for review, the Commission must be satisfied that the proponents of the integrated neighborhood or community shopping center are financially able to carry out the proposed project; that they intend to start construction within one year of the approval of the project and necessary change in zoning, and intend to complete it within a reasonable time as determined by the Commission.
C.
Commission Findings. It then shall be the duty of the Planning Commission to investigate and ascertain whether the location, size and other characteristics of the site, and the proposed plan, comply with the following conditions:
(1)
Need Must Be Demonstrated: The need for the proposed center at the proposed location, to provide adequate shopping facilities or service to the surrounding neighborhood or community, as the case may be, has been demonstrated by the applicant by means of market studies or such other evidence as the Planning Commission may require.
(2)
Adequacy of Site: The proposed shopping center is of sufficient but not excessive size to provide adequate neighborhood or community shopping facilities, as the case may be, for the population which may reasonably be expected to be served by such shopping facilities.
(3)
Traffic Congestion Not To Be Created: The proposed shopping center is located so that reasonably direct traffic access is supplied from principal thoroughfares, and where congestion will not likely be created by the proposed center; or where such congestion will be obviated by presently projected improvement of access thoroughfares, by demonstrable provisions in the plan for proper entrances and exits, and by internal provisions for traffic and parking.
(4)
Integrated Design. The plan shall provide for a shopping center consisting of one or more groups of establishments in buildings of integrated and harmonious design, together with adequate and properly arranged traffic and parking facilities and landscaping. The project shall be arranged in an attractive and efficient manner, convenient, pleasant and safe to use, and fitting harmoniously into, and having no adverse effects upon, adjoining or surrounding properties.
D.
Permitted Uses. The uses permitted in an integrated neighborhood shopping center shall be those retail business, commercial, and service uses permitted in the B-1 District, and the uses permitted in an integrated community shopping center shall be the same kinds of uses as permitted in the B-2 District. No residential uses, commercial uses first permitted in B-3 and B-4 Districts, or industrial uses, shall be permitted, or any use other than such as is necessary or desirable to supply with goods or services the surrounding neighborhood or community.
E.
Minimum Design Standards. The following minimum standards shall be met in the design of an integrated neighborhood or community shopping center:
(1)
Building Heights. No building shall exceed 2 1/2 stories or 35 feet in height.
(2)
Yards and Landscaping. No building shall be less than 50 feet distant from any boundary of the tract on which the shopping center is located. The center shall be permanently screened from all abutting properties located in any Residence District by an appropriate wall of acceptable design, except for necessary entrances and exits, from all properties located across the street and within 100 feet from such center in any Residence District, by a wall or hedge not less than three feet in height. The exact type and nature of such screening shall be determined by the Planning Commission.
(3)
Tract Coverage. The ground area occupied by all the buildings shall not exceed in the aggregate 25% of the total area of the lot or tract.
(4)
Customer Parking Spaces. Notwithstanding any other requirement of this chapter, there shall be provided not less than three square feet of automobile parking space with suitable access, for each square foot of gross floor devoted to use by patrons.
(5)
Loading Space. Notwithstanding any other requirements of this chapter, there shall be provided one off-street loading or unloading space for each 20,000 square feet or fraction thereof of aggregate floor space of all buildings in the center. At least 1/3 of the spaces required shall be sufficient in area and vertical clearance to accommodate trucks of the tractor-trailer type.
F.
Submission and Approval of Final Development Plan.
(1)
Submission to Commission. Upon determination by the Commission that the proposed integrated neighborhood shopping center or community shopping center, as the case may be, as shown by he preliminary plan, appears to conform to the requirements of this section, and all other applicable requirements of this chapter, the proponents shall prepare and submit a final development plan, which shall incorporate any changes or modifications required or suggested by the Commission.
(2)
Recommendation to the Governing Body of Wyoming Borough and Public Hearing. If the final development plan is found to comply with requirements set forth in this section and other applicable provisions of this chapter, the Commission shall submit said plan with its report and recommendations, together with the required application by the proponents of the necessary change in zoning classification of the site of the proposed center, to the Governing Body of Wyoming Borough which shall hold a public hearing on both the development plan and application for a change in zoning.
(3)
Possible Modification and Zoning. Following a public hearing, the Governing Body of Wyoming Borough may modify the plan, consistent with the intent and meaning of this chapter, and may rezone the property to the classification permitting the proposed center, for development in substantial conformity with the final plan, as approved by the Governing Body of Wyoming Borough.
(4)
Adjustments in Carrying Out the Plan. After the final development plan has been approved by the Governing Body of Wyoming Borough, and in the course of carrying out this plan, adjustments or rearrangements of buildings, parking areas, loading areas, entrances, heights, or yards, may be requested by the proponents, and, provided such requests conform to the standards established by the final development plan and this chapter, such adjustments or rearrangements may be authorized by the Commission.
2.
Planned Residential Developments.
A.
Application of Comprehensive Plan. Every application for a planned residential development (PRD) shall be based on, and consistent with, and interpreted in relation to, the Comprehensive Plan of Wyoming Borough, consistent with the plans set forth by Luzerne County Mapping and Zoning.
B.
Referral to Municipality. Every application for a PRD shall be referred to the Planning Commission and governing body of the municipality in which it is located and 30 days shall be given to submit comments or forfeit the right to review.
C.
Standards and Conditions for PRDs.
(1)
Permitted Uses. The permitted land use requirements of the zone within which the PRD unit is located shall apply with the exception that:
(a)
Open space reservations shall be considered cause for population density and building intensity increases, and for this purpose the permitted type of dwelling units may include single-family detached homes, townhouses, garden apartments or high-rise apartments, provided:
1)
In PRDs of less than 50 acres, only the uses permitted in the Zoning District may be used.
2)
In PRDs of 50 acres or more, a maximum of 20% of the dwellings located within C-1, A-1, S-1, R-1 and R-2 Districts may be multiple dwellings. A maximum of one acre of the commercial and professional uses are permitted, for each 100 dwelling units, when planned and gauged primarily for the service and convenience of residents located in the development, and shall be authorized only to the extent that such uses are not available in reasonable proximity.
3)
In tracts of land of 200 or more acres, additional uses may be permitted if approved by the Governing Body of Wyoming Borough.
(2)
Ownership and Subdivision. The tract or parcel of land involved must be either in one ownership or the subject of an application filed jointly by the owners of all the property included (the holder of a written option to purchase land, and a redeveloper under contract with the Redevelopment Agency to acquire land by purchase or lease, shall for purposes of such application be deemed to be an owner of such land), or by any governmental agency, including a Redevelopment Agency. It must constitute an area of at least 20 acres or be bounded on all sides by streets, public open spaces, or the boundary lines of less restrictive use districts. The application may include a proposed subsequent division of the tract or parcel of land involved into one or more separately owned and operated units. Such proposed subsequent division, if approved along with the PRD, shall be permissible without further approval; otherwise, subsequent division of a PRD shall be permitted only upon application to the Governing Body of Wyoming Borough through the Planning Commission as provided in the PRD Section.
(3)
Standards and Other Conditions.
(a)
Open Space. Areas set aside for open space under this chapter shall be consistent with the comprehensive plan of the Borough or municipality for future land use. Any such area shall not contain any structure other than one related to a recreational use.
1)
Within the PRD, common open space shall be set aside for the use and benefit of the residents of the PRD.
2)
The deed or deeds to any land set aside as open space must contain a restriction, in a form acceptable to the Governing Body of Wyoming Borough (Body), to be duly recorded in the office of the Recorder of Deeds in and for said Wyoming Borough, eliminating the possibility of further subdivision of said open space in the future.
3)
The developer of a PRD shall make adequate provision for the ownership and continuing maintenance of open space and improvements thereon by the establishment of a homeowners organization which is approved by the Body. Such homeowners' organization shall not be dissolved nor shall it dispose of any or all of the open space in any manner whatsoever, except to a separate organization of homeowners' conceived and established to own and maintain said open space from being dedicated to the public by the acceptance of a deed of dedication by the Body, at its sole discretion.
4)
The developer of a PRD shall submit full details concerning the proposed homeowners' organization, its powers, rights, duties, responsibilities, etc., in regard to the ownership, and maintenance of the common open space, which shall be subject to approval by the Body. No final plan shall be approved by the Body without such prior approval.
(b)
Other Standards. The following requirements shall apply to single-family detached units:
1)
The lot for each home shall have a width at the building line of not less than 60 feet and a width at the street line not less than 50 feet; the building area shall not exceed 20% of the lot area. There shall be a front yard on each street on which the lot abuts the depth of which shall be at least 40 feet. There shall be two side yards, one on each side of the building, together having an aggregate width of not less than 25 feet, but neither having a width of less than 10 feet. There shall be a rear yard, the depth of which shall be at least 30 feet.
(c)
The following requirements shall apply to single-family semi-detached homes:
1)
The lot for each home shall have a width at the building line and at the street line of not less than 50 feet. The building area shall not exceed 30% of the lot area. There shall be a front yard on each street on which the lot abuts, the depth of which shall be at least 30 feet. There shall be one side yard for each home which shall be at least 15 feet wide. There shall be a rear yard, the depth of which shall be at least 30 feet.
(d)
The following requirements shall apply to single-family attached homes:
1)
The minimum lot size shall be 6,000 square feet. The lot for each home shall have a width of not less than 30 feet at the building line and at the street line. No individual section of cluster or group housing shall contain more than six single-family townhouses. Each single-family townhouse shall have a setback of not less than 40 feet from an interior road right-of-way within the PRD. No part of any section of cluster or group housing shall be erected within 150 feet of any other building or structure in the PRD.
2)
Each single-family townhouse shall contain at least 1,200 square feet of habitable floor area. In no case shall any building or structure exceed 30 feet in height above the ground slab.
3)
Each dwelling unit shall have two off-street parking spaces. The Borough or municipality concerned shall not be obligated to accept the dedication of streets and/or roads within the PRD, but the PRD however, must conform to all the requirements applicable to the size, design and construction of municipal roads and streets.
4)
Flexibility of a municipality to complement the existing neighboring properties and the municipality as a whole is a prime objective of this chapter; the combination of uniqueness and beauty of design and architecture in a PRD is encouraged.
D.
(Reserved)
E.
Enforcement and Modification of the Provisions of the Plan.
(1)
To further the mutual interest of the residents of the PRD and of the public in the preservation of the integrity of the development plan, as finally approved, and to insure that modifications, if any, in the development plan shall not impair the reasonable reliance of the said residents upon the provisions of the development plan, and not result in changes that would adversely affect the public interest, the enforcement and modification of the provisions of the development plan as finally approved, whether those are recorded by plat, covenant, easement, or otherwise shall be subject to the following provisions:
(a)
The provisions of the development plan relating to the use, bulk and location of buildings and structures, the quantity and location of common open space (except as otherwise provided in the PRD section), and the intensity of use or the density of residential unit shall run in favor of Wyoming Borough, and shall be enforceable in law or in equity by Wyoming Borough without limitation on any powers of regulation otherwise granted Wyoming Borough.
(b)
All provisions of the development plan shall run in favor of the residents of the PRD, but only to the extent expressly provided in the development plan and in accordance with the terms of the development plan, and to that extent said provision whether recorded by plat, covenant, easement or otherwise, may be enforced at law or equity by said residents acting individually, jointly or through an organization designated in the development plan to act on their behalf; provided, however, that no provision of the development plan shall be implied to exist in favor of residents of the PRD except as to those portions of the development plan which have been finally approved and have been recorded.
(2)
All those provisions of the development plan authorized to be enforced by Wyoming Borough under this section may be modified, removed or released by the Governing Body of Wyoming Borough (Body) except grants or easements relating to the service or equipment of a public utility subject to the following conditions:
(a)
No such modification, removal, or release of the provision of the development plan by the municipality shall affect the rights of the residents of the PRD to maintain and enforce those provisions, at law or equity, as provided in this section;
(b)
No modification, removal or release of the provisions of the development plan by the Borough shall be permitted except upon a finding by the Body following a public hearing thereon pursuant to public notice called and held in accordance with the provisions of this Part, that the same is consistent with the efficient development and preservation of the entire PRD, does not adversely affect either the enjoyment of land abutting upon or across the street from the PRD or the public interest, and is not granted solely to confer a special benefit upon any person;
(c)
Residents of the PRD may, to the extent and in the manner expressly authorized by the provisions of the development plan, modify, remove or release their rights to enforce the provisions of the development plan, but no such action shall affect the right of the Borough to enforce the provisions of the development plan in accordance with the provisions of this section.
F.
Application for Tentative Approval of a PRD.
(1)
The application for tentative approval of a PRD shall include a written statement by the landowner(s) setting forth the reasons why, in his opinion, a PRD would be in the public interest and would be consistent with the Comprehensive Plan of the Borough or Municipality.
(2)
The Planning Commission of Wyoming Borough shall determine whether or not the PRD conforms with the Comprehensive Plan of Wyoming Borough and/or the Municipality in which it is located, and particularly the land use plan in the Comprehensive Plan, and shall review the application for tentative approval, and make recommendation to the Governing Body of Wyoming Borough.
(3)
An application for tentative approval of a PRD shall be informative and shall contain a detailed plan consisting of the following:
(a)
The location, size, soil conditions and topography of the entire tract and adjacent properties;
(b)
The nature and interest of any and all owners of the tract, as well as the owners of all adjacent neighboring tracts of land;
(c)
The density of land use to be allocated to parts of the tract to be developed;
(d)
The location and size of the common open space;
(e)
The specific details of the proposed homeowners' organization created to own, maintain and improve the open space, along with the proposed deed restrictions, homeowners' agreements, etc. concerning ownership and maintenance of said open space;
(f)
The feasibility studies of public water and public sanitary sewer lines and treatment plants, and the location and size of storm water facilities made by an engineer licensed to practice in Pennsylvania, and the recommendations of the Pennsylvania Department of Environmental Protection on the proposed water and sewer systems;
(g)
The use, dimension, location, architectural design and elevation of all buildings and structures, including architectural schematics;
(h)
The covenants, restrictions, grants of easements, or any other restrictions to be imposed on the use of land, buildings, and structures, including the location of the proposed easements for public parking;
(i)
The provisions for parking of vehicles and the location and width of all proposed streets and public and/or private rights-of way;
(j)
The existing zoning applicable to said tract, and the required modifications in the Borough or Municipality land regulations, otherwise applicable to the subject property;
(k)
The specific use of the open spaces, and the condition of said open space at such time it is turned over to the homeowners' organization and the proposed dates or dates thereof;
(l)
In the event that the application for preliminary approval calls for a development of the entire tract over a period of time, the time schedule proposed for such development, as well as a time schedule showing approximately when applications for final approval of all sections will be filed; all such time schedules shall be updated annually until development is completed and accepted, and shall be changed only with the approval of the Governing Body of Wyoming Borough;
(m)
The application for tentative and final approval of a development plan for a PRD shall be in lieu of all other procedures and approvals, otherwise required pursuant to the Wyoming Borough Ordinance and Subdivision Regulations.
G.
Public Hearings.
(1)
Within 60 days after the filing of an application for tentative approval of a PRD, a public hearing pursuant to public notice on said application shall be held by the Governing Body of Wyoming Borough (Body) in the manner prescribed for the enactment of an amendment to the Zoning Ordinance. The chairman, or in his absence, the acting chairman, of the Body may administer oaths and compel the attendance of witnesses. All testimony by witnesses at any hearing shall be given under oath and every party of record at a hearing shall have the right to cross examine adverse witnesses.
(2)
A verbatim record of the hearing shall be caused to be made by the Body whenever such records are requested by any party to the proceedings; but the cost of making and transcribing such a record shall be borne by the party requesting it and the expense of copies of such record shall be borne by those who wish to obtain such copies. All exhibits accepted in evidence shall be identified and duly preserved, or if not accepted in evidence, shall be properly identified and the reason for the exclusion clearly noted in the record.
(3)
The Body may continue the hearing from time to time, and may refer the matter back to the Borough Planning Commissions for a report; provided, however, that in any event, the public hearing(s) shall be concluded within 60 days after the date of the first public hearing.
H.
The Findings.
(1)
The Body, within 30 days following the conclusion of the public hearing provided for in this Part, shall be official written communication to the landowner either:
(2)
Failure to so act within said period shall be deemed to be a grant of tentative approval of the development plan as submitted. In the event, however, that tentative approval is granted subject to conditions, the landowner may, within 30 days after receiving a copy of the official written communication of the Body notify such Body of his refusal to accept all such conditions, in which case, the Body shall be deemed to have denied tentative approval of the development plan. In the event the landowner does not, within said period, notify the Body of his refusal to accept all said conditions, tentative approval of the development plan with all said conditions shall stand as granted.
(3)
The grant or denial of tentative approval by official written communication shall include not only conclusions but also findings of fact related to the specific proposal and shall set forth the reasons for grant, with or without conditions, or for the denial, and said communications shall set forth with particularity in what respects the development plan would or would not be in the public interest including but not limited to findings of fact and conclusions on the following:
(a)
In those respects in which the development plan is or is not consistent with the comprehensive plan for the development of the Borough or the Municipality.
(b)
The extent to which the development plan departs from zoning and subdivision regulations otherwise applicable to the subject property including but not limited to density, bulk and use, and the reasons why such departures are or are not deemed to be in the public interest.
(c)
The purpose, location and amount of the common open space in the PRD, the reliability of the proposals for maintenance and conservation of the common open space, and the adequacy or inadequacy of the amount and purpose of the common open space as related to the proposed density and type of residential development
(d)
The physical design of the development plan and the manner in which said design does or does not make adequate provision for public services, provide adequate control over vehicular traffic, and further the amenities of light and air, recreation and visual enjoyment.
(e)
The relationship, beneficial or adverse, of the proposed PRD to the neighborhood in which it is proposed to be established; and
(f)
In case of a development plan which proposed development over a period of years, the sufficiency of the terms and conditions intended to protect the interests of the public and of the residents of the PRD in the integrity of the development plans.
(4)
In the event a development plan is granted tentative approval, with or without conditions, the Body may set forth in the official written communication the time within which an application for final approval of the development plan shall be filed or, in the case of a development plan which provides for development over a period of years, the periods of time within which applications for final approval of each part thereof shall be filed. Except upon the consent of the landowner, the time so established between grant of tentative approval and an application for final approval shall not be less than three months and, in the case of developments over a period of years, the time between applications for final approval of each part of a plan shall not be less than 12 months.
I.
Status of Plan After Tentative Approval. The official written communication provided for in this Part shall be certified by the Borough Manager and shall be filed in his office, and a certified copy shall be mailed to the landowner. Where tentative approval has been granted, the same shall be noted on the zoning map in the office of the Zoning Officer of Wyoming Borough.
J.
Application for Final Approval.
(1)
An application for final approval may be for all the land included in a development plan or, to the extent set forth in the tentative approval, for a section thereof. Said application shall be made to the Body and within the time(s) specified by the official written communication granting tentative approval. The application shall include any drawings, specifications, easements, performance bond and such other requirements as may be specified by ordinance, as well as any conditions set forth in the official written communication at the time of tentative approval. A public hearing on an application for final approval of the development plan or part thereof shall not be required provided the development plan, of the part thereof, submitted for final approval, is in compliance with the development plan theretofore given tentative approval and with any specified conditions attached thereto. The Body may refer it to the Borough Planning Commission for recommendation.
(2)
In the event the application for final approval has been filed, together with all drawings, specifications and other documents in support thereof, and as required by the ordinance and the official written communication of tentative approval, the Body shall, within 30 days of filing, grant such development plan final approval, provided it conforms with the tentative approval.
(3)
In the event the development plan as submitted contains variations from the development plan given tentative approval, the Body may refuse to grant final approval and shall, within 30 days of the filing of the application for final approval, so advise the reasons why one or more of said variations are not in the public interest. In the event of such refusal, the landowner may either: refile his application for final approval without the variations projected, or file a written request with the Body that it hold a public hearing on his application for final approval. If the landowner wishes to take either such alternate actions, he may do so at any time within which he shall be entitled to apply for final approval, or within 30 additional days if the time for applying for final approval shall have already passed at the time when the landowner was advised that the development plan was not in substantial compliance. In the event the landowner shall fail to take either of these alternate actions within said time, he shall be deemed to have abandoned the development plan. Any such public hearing shall be held pursuant to public notice within 30 days after the request for the hearing is made by the landowner and the hearing shall be conducted in the manner prescribed in this chapter for public hearings on applications for tentative approval. Within 30 days after the conclusion of the hearing, the Body shall by official written communication either grant final approval to the development plan or deny final approval. The grant or denial of final approval of the development plan shall, in cases arising under this section, be in the form and contain the findings required for an application for tentative approval set forth in the PRD section.
(4)
A development plan, or any part thereof, which has been given final approval shall be so certified without delay by the Body and shall be filed of record forthwith in the office of the Recorder of Deeds before any development shall take place in accordance therewith. Upon the filing of record of the development plan the zoning and subdivision regulations otherwise applicable to the land included in such plan shall cease to apply thereto. Pending completion within a reasonable time of said PRD or of that part thereof as the case may be, that has been finally approved, no modifications of the provisions of said development plan, of part thereof, as finally approved, shall be made except with the consent of the landowner.
(5)
In the event that a development plan, or a section thereof, is given final approval and thereafter the landowner shall abandon such plan of the section thereof that has been finally approved, and shall so notify the Body in writing; or in the event the landowner shall fail to commence and carry out the PRD within such reasonable period of time as may be fixed by ordinance after final approval has been granted, no development or further development shall take place on the property included in the development plan until after the said property is re-subdivided and reclassified by enactment of an amendment to the Wyoming Borough Zoning Ordinance in the manner prescribed in such Ordinance.
(6)
Plans submitted for final approval shall be prepared with the subdivision regulations of Wyoming Borough and all construction shall be in accordance with the subdivision regulations and all other codes and ordinances of Luzerne County, except those excluded under this section. The subdivision regulations of Luzerne County, as amended, shall govern the construction and acceptance of all public improvements.
§ 27-616 Public and Parochial Schools and Colleges, and Private Schools and Colleges for Academic Instruction.
These structures shall be located not less than 50 feet from any other lot in an S-1 or R-1 District, and not less than 20 feet from any lot in an R-2 or R-3 District.
§ 27-617 Race Track (Horse).
Commercial race horse tracks must have all activities, including all buildings, not less than 200 feet from any residence district or any lot occupied by a dwelling, school, church, or institution for human care. Traffic in connection with race tracks, must be arranged to cause a minimum of congestion.
§ 27-618 Race Tracks (Automobile, Including Go-Cart Areas and Midget Race Tracks).
1.
Automobile race tracks shall require the approval of the Zoning Hearing Board.
2.
Automobile race tracks shall be located a minimum of 500 feet from any Residence District.
3.
The Board shall consider the noise factor, and require noise deadening devices, or other means, to prevent the noise from becoming objectionable to surrounding areas.
§ 27-619 Solid Waste Disposal Areas.
Plans for solid waste disposal areas shall be in harmony with existing surrounding uses or those proposed in the Land Use Plan, and the approval of the Department of Environmental Protection and the Pennsylvania Department of Mines and Mineral Industries as to fire hazards.
§ 27-620 Sawmills.
Sawmills in Agricultural Zoning Districts shall require approval of the Zoning Hearing Board. The Board shall approve only temporary sawmills in this District, and shall require a minimum distance of 1,000 feet from Residence Districts.
§ 27-621 Sewage Disposal Plants.
Plans for sewage disposal plants must be in harmony with surrounding uses and the written approval of the Department of Environmental Protection must be obtained.
§ 27-622 Swimming Pools, Private, or Community or Club.
1.
Private Swimming Pools.
A.
A private swimming pool, but not including farm ponds, as regulated herein, shall be any pool, permanently attached to the ground, not located within a completely enclosed building, and containing, or normally capable of containing water to a depth at any point greater than 1 1/2 feet. No such swimming pool shall be allowed in a C-1, A-1, or any Residence District except as an accessory use and unless it complies with the following conditions and requirements:
B.
The pool is intended and is to be used solely for the enjoyment of the occupants of the principal use of the property on which it is located, and their guests, and no fee shall be charged.
C.
Yard requirements shall be the same as those required for unattached accessory structures.
D.
The swimming pool, or the entire property on which it is located, shall be so walled or fenced so as to prevent uncontrolled access by children from the street or from adjacent properties, said fence or wall to be not less than four feet in height and maintained in good condition, and grounded for electricity. This section applies to both in-ground and aboveground pools, except as noted below.
E.
The requirements of the above subsection regarding walls and/or fences shall not apply to aboveground swimming pools if the side walls of such pools are at least four feet in height (as measured from the surrounding ground level) and if decked, secured by a locked gate. If access is provided by a retractable ladder, it must be removed when pool is not in use.
2.
Community or Club Swimming Pools.
A.
A community or club swimming pool shall be any pool constructed by an association of property owners, or by a private club solely for use and enjoyment by members of the association or club and their families and guests of members. Community and club swimming pools shall comply with the following conditions and requirements:
B.
The pool and accessory structures thereto, including the areas used by the bathers, shall not be closer than 100 feet to any property line of the property on which it is located.
C.
The swimming pool and all of the area used by the bathers shall be so walled or fenced as to prevent uncontrolled access by children from the street or adjacent properties. The said fence or wall shall not be less than four feet in height, grounded for electricity, and maintained in good condition. The area surrounding the enclosure, except for the parking spaces, shall be suitably landscaped with grass, hardy shrubs and trees, and maintained in good condition.
§ 27-623 Tourist Homes.
For tourist homes in R-2 and R-3 Districts, not more than four guests are permitted, as well as an unlighted sign not exceeding 12 square feet in area, or a lighted sign not exceeding three square feet in area with enclosed lighting through translucent glass or by blue or green neon.
§ 27-624 Mobile Homes, Trailers, and Mobile Home or Trailer Parks.
1.
Mobile Homes and Trailers.
A.
A trailer or mobile home is permitted in A-1 and C-1 Districts on wheels on a two-year permit, provided utilities are properly provided for, subject to removal in 90 days if the area is rezoned residential. Temporary permits may be obtained in the same districts, without permanent installation of utilities, provided sanitary facilities are properly provided for. However, a mobile home may obtain a permanent permit in the same districts, provided that the following conditions are met:
B.
A mobile home may be occupied as a single-family dwelling, as defined in Part 11 and may be located upon a permitted lot, within a Residence District, provided that the following conditions are met:
(1)
It is placed upon a suitable, permanent, wholly enclosed foundation;
(2)
The structure, its design, and minimum interior building area, not including any basement, is as provided in Part 5 heretofore, its individual sewage disposal facilities, and its location upon the lot, conform in every respect to every other Part or provision of this chapter relating to single-family dwellings within a Residence District. The establishment, use, location and design of such mobile home within a Residence District must not, under any circumstances, appreciably detract from the character of the area surrounding it, as determined by the Zoning Hearing Board.
C.
No trailer or mobile home shall be used outside of a permitted trailer or mobile home park, to provide living quarters or space for the conduct of business, except as stated in § 27-624, Subsection 1 or except that it may be used temporarily for office purposes during the construction of a principal building or a road in any district other than a Residence District, or in a Residence District with approval of the Board, on the issuance of a temporary permit by the Zoning Officer.
2.
Trailer or Mobile Home Parks. Trailer or mobile home parks, where permitted, shall observe the following requirements:
A.
No trailer or mobile home park shall have an area less than five acres, nor an average gross area per trailer or mobile home of less than 3,000 square feet.
B.
Every trailer or mobile home shall be supplied with a potable water service. Mobile homes shall be connected to a sanitary sewer and an approved sewage disposal system. Trailers shall be provided with a common sewage disposal system in order that the removal and disposing of sewage from trailer holding tanks is accomplished in a sanitary manner. Toilet facilities for the public, which are separate for each sex, shall be provided on the premises. Sewage systems for mobile homes or trailers shall be approved by the Pennsylvania Department of Environmental Protection.
C.
A safe, usable recreation area shall be conveniently located in every trailer or mobile home park and shall contain a total area equivalent to an allowance of 300 square feet per trailer, which shall not be less than 10% of the gross area of the trailer or mobile home park.
D.
No trailer or mobile home shall be located less than 2,000 feet from an abutting property in a C-1, A-1, or Residence, or M-1 District.
E.
The trailer or mobile home park shall be permanently landscaped and maintained in good condition.
F.
All requests to make temporary mobile home parks permanent, which mobile home parks occurred as a result of the flood caused by Hurricane Agnes during the time zoning was suspended for housing for flood sufferers by the State Council of Civil Defense, must first be submitted to the Zoning Hearing Board for consideration as a use by special exception, in conformity with § 27-842 of this chapter and all other sections of this chapter regulating special exceptions. After action is taken upon the application by the Zoning Hearing Board, said application and decision shall then be certified to the Zoning Officer to comply with the procedure for rezoning as set forth in this chapter under Part 10 and all sections thereof.
G.
Except for trailers or mobile homes offered for sale on trailer or mobile home sales lots, or those for which the necessary permits have been obtained, the parking of a trailer or mobile home outside of a permitted trailer or mobile home park in any district for 48 hours or more shall be prohibited, except as permitted in § 27-624, Subsection 3.
3.
Camping and Recreational Equipment. Any owner of camping and recreational equipment, including but not limited to, travel trailers, pick-up coaches, motorized homes, and boat trailers, may park or store such equipment on private residential property subject to the following conditions:
A.
Such parked or stored camping and recreational equipment shall never be occupied or used for living, sleeping or housekeeping purposes.
B.
If the camping or recreational equipment is parked or stored outside of a building, it shall be parked or stored, if possible, to the rear of the building line of the lot, and in all cases, shall at least be parked or stored to the rear of the front building line of the lot.
C.
Notwithstanding the provisions stated in the above Subsection, camping and recreation equipment may be parked anywhere on the premises while actually being loaded or unloaded.
§ 27-625 Accessory Structures.
1.
Attached Accessory Structures. Accessory structures which are attached to the principal building shall comply with all the yard requirements for a principal structure.
2.
Unattached Accessory Structures. Unattached accessory structures in residence districts shall be erected within the rear yard, provided they conform to the following conditions:
A.
Maximum height: 15 feet, except in the A-1 District.
B.
An accessory structure shall not be less than five feet from the side lot line, except by consent in writing of the adjoining lot owner.
C.
Side yard (corner): same as for a principal structure.
D.
An accessory structure shall not be less than three feet from the rear lot line, except when the structure abuts an alley, in which case, 10 feet shall be required.
E.
Unattached accessory structures in districts other than residence districts shall comply with the front and side yard requirements for the principal structure. They shall have a rear yard of 10 feet, except as otherwise specified in this chapter.
F.
If there is no principal use structure on a lot, or section of a lot divided by a road or alley, the first accessory use structure built must comply with the principal use requirements.
§ 27-626 Camps.
The Zoning Hearing Board shall require the approval of the Pennsylvania Department of Environmental Protection.
§ 27-627 Storage of Explosives.
The Board shall determine that the use does not conflict with any state or federal laws, and shall check to see that the utmost in safety is provided for, that the area is not developed or developing, and enough open space acquired by the applicant to protect nearby properties.
§ 27-628 Rooming or Boarding Houses.
No more than two roomers will be permitted for each bedroom and 80 square feet of bedroom space per roomer will be required. Smoke alarms and fire extinguishers will be provided for each bedroom, and in one general location. The applicant will provide proof of notification of the local fire and police providers. Applicants for personal care boarding or domiciliary care houses shall present documentation of proof submittal to the Pennsylvania Licensing Agencies Department of Public Welfare or Office for the Aging, and must conform to the Department of Labor and Industry Standards.
§ 27-629 Adult Entertainment/Bookstore (Theater).
1.
No operation under this category shall be located within 1,000 feet of the following:
A.
A church;
B.
A school, nursery, day-care center, library, college, or university;
C.
The boundary of any Residence District (R-1, R-2, R-3, S-1) or the property line of a lot devoted to residential use;
D.
A public recreational facility;
E.
Any structure, either public, or quasi-public;
F.
Another operation under this category.
2.
This measurement shall be made in a straight line, from the nearest portion of the structure used as this type use to the nearest property line of the above-listed uses.
3.
Operations under this category shall not be open nor conduct activity between the hours of 6:00 p.m. until 12:00 a.m. (midnight).
§ 27-630 Correctional Institutions.
Applications for correctional institutions may only be approved as special exception by the Zoning Hearing Board (Board) and shall demonstrate to the Board and provide information that the following requirements are being fully satisfied:
1.
That traffic, sanitary and environmental safety measures will be provided and be operational and fully usable before such operations or activities and functions commence; and
2.
That light fixtures for security and night operations are positioned and designed to avoid glare and safety hazards on adjacent roadways or properties and nuisance effects on the nearby area. Lighting shall be directed to shine away from abutting properties and into the Institution's property; and
3.
A formal written standing commitment from the highest responsible official and/or policy board that operational policies, practices (including maximum inmate number) and staffing plans will provide on-going security and control to prevent unauthorized trespass and litter on adjacent properties or unreasonable risk to safety of nearby residents; and
4.
An emergency response plan which guarantees that the facility owner will either provide directly or provide to the municipality whatever supplementary equipment, personnel and financial resources as deemed necessary by the municipality to properly train and develop the necessary capability for effective response to fire, explosion, riot, epidemic, toxic spill, or other identifiable potential incident; and
5.
A communications plan which defines in detail the manner in which municipal officials, broadcast and print news media, and any appropriate public safety officials will be immediately notified and fully briefed on listed reportable incidents, including their ultimate disposition and preventative measures being undertaken to prevent their recurrence as well as a mechanism for advisory input from Wyoming Borough, the Wyoming Borough Planning Commission and the host municipality to the owner; and
6.
An accountability chart which identifies the on-site and parent organization chain of command by position and name of incumbents, such names to be regularly updated; and
7.
A maintenance plan which assures that the physical appearance and utility functions, as well as residential and food processing, storage and serving areas will be kept in a sanitary and secure condition with reasonable effort to assure that the value of adjacent properties will not be adversely affected; and
8.
That correctional institution principal and accessory structures shall be a minimum distance of 300 feet from any property line; and
9.
That the applicant shall establish and maintain a fifty-foot landscaped buffer area around the perimeter of the site and the landscaping plans shall be reviewed by the Board as part of the special exception plan rather that requiring any necessary variances, with security as a primary consideration, and the Board shall take into account the security plan in considering any modifications of required landscape planting and/or buffer area;
10.
All permits, licenses and approvals required from federal or state agencies must be secured with documentation supplied with the application or said requirement shall become a condition of approval.
A.
Nothing in this section or this chapter is intended nor shall be applied or interpreted to attempt to regulate those aspects of correctional institutions which are specifically regulated by the PA Department of Corrections or the US Department of Justice, provided that the above essential precautions are defined by such regulations in as much detail as required herein. The intent of this section is to provide a mechanism whereby Wyoming Borough and the municipality can assure that the site planning and site location of such activities and facilities complies with reasonable precautions for public safety, public health and protection of nearby property values.
C.
Measurement: Measurements of the required distance shall be made in a straight line, from the nearest portion of the correctional institution's property boundary line, to the nearest property line of the above noted uses, or district.
D.
A zoning/building permit may not be issued until the proposed correctional institution has received final land development plan approval from the Wyoming Borough Planning Commission.