[HISTORY: Ord. No. 302, passed 12-12-1971; as amended by
Ord. No. 326, passed 3-18-1976; Ord. No. 350, passed 6-2-1981; Ord.
No. 378, passed 1-29-1987; Ord. No. 397, passed 11-14-1990; Ord. No.
411, passed 10-14-1992; Ord. No. 420, passed 2-9-1994; Ord. No. 429,
passed 12-13-1995. Subsequent amendments noted where applicable.]
A.
Title. This chapter may be cited as the Crescent Township Zoning
Code.
C.
Community development objective. The community development objectives
which are the basis for the provisions of this chapter are set forth
in the Comprehensive Plan as adopted and amended by the Board of the
Township.
D.
Zoning Map. A map entitled "Crescent Township Zoning Map" is hereby
adopted as a part of this chapter. The Zoning Map shall be kept on
file for examination in the office of the Secretary-Manager.
E.
Compliance. No structure shall be located, erected, constructed,
reconstructed, moved, altered, converted, or enlarged; nor shall any
structure or land be used or be designed to be used, except in full
compliance with all the provisions of this chapter and after the lawful
issuance of all permits and certificates required by this chapter.
[Ord. No. 508,
passed 9-12-2007; Ord. No. 514, passed 10-8-2008; Ord. No. 442, passed 8-13-1997; Ord. No. 458, 7-14-1999; Ord. No. 457, passed 7-14-1999]
A.
Zoning Districts. The Township is divided into the districts stated on Table A[1] as shown by the district boundaries on the Zoning Map.
[1]
Editor's Note: Table A is included at the end of this chapter.
B.
District boundaries. District boundaries shown on the lines of roads,
streams and transportation rights-of-way shall be deemed to follow
the center lines. The vacation of roads shall not affect the location
of such district boundaries. When the Zoning Officer cannot definitely
determine the location of a district boundary by such center lines,
by the scale of dimensions stated on the Zoning Map, or by the fact
that it clearly coincides with a property line, he shall refuse action,
and the Zoning Hearing Board, upon appeal, shall interpret the location
of the district boundary with reference to the scale of the Zoning
Map and the purposes set forth in all relevant provisions of this
chapter.
C.
Permitted uses. The permitted uses for each district are shown on Table A appearing at the end of this chapter. Uses not specifically listed shall not be permitted.
E.
Height regulations. No structure shall exceed the building heights above average ground level set forth on Table A unless approved by the Zoning Hearing Board. The Board may authorize a variance to the height regulations in any district if:
1.
All front, side, and rear yard depths are increased one foot for
each additional foot of height;
2.
The structure is any of the following and does not constitute a hazard
to an established airport: television and radio towers, church spires,
belfries, monuments, tanks, water and fire towers, stage towers and
scenery lofts, cooling towers, ornamental towers and spires, chimneys,
elevator bulkheads, smokestacks, conveyors and flagpoles.
F.
Lot and yard requirements. The minimum lot area, minimum width of lot, minimum depth of front yard, and minimum width of each side yard for each district shall be as shown on Table A.
1.
Lots which abut on more than one street shall provide the required
front yards along every street.
2.
All structures whether attached to the principal structure or not,
and whether open or enclosed, including porches, carports, balconies,
or platforms above normal grade level, shall not project into any
minimum front, side, or rear yard.
3.
Any lot of record existing at the effective date of this chapter
and then held in separate ownership different from the ownership of
adjoining lots may be used for the erection of a structure conforming
to the use regulations of the district in which it is located, even
though its area and width are less than the minimum requirements of
this chapter.
4.
Nonresidential structures or uses shall not be located or conducted
closer to any lot line of any other lot in any A or R District than
the distance specified in the following schedule:
|
Minimum Side or Rear Yard Abutting Any Lot in Any R District
(feet)
|
Use
| |
|---|---|---|
|
5
|
Off-street parking space and access drives for nonresidential
uses
| |
|
20
|
Churches, schools and public or semipublic structures
| |
|
10*
|
Recreation and entertainment facilities and all business and
industrial uses
|
|
*
|
May be increased up to 40 feet on conditional uses.
|
G.
Home occupations. Home occupations and professional offices as a
subsidiary and subordinate use to residential units provided:
1.
Official residences shall be maintained by the occupant who may be
an owner, a renter or a lessee;
2.
The subsidiary use shall be located in the principal dwelling building;
3.
The subsidiary use shall not occupy more than 40% of the ground floor
area of the principal dwelling building;
4.
There shall be a minimum of two off-street parking spaces in addition
to those required under the provisions of this chapter;
5.
Not more than one nonresident shall be employed on the premises;
and
6.
Use of an accessory building for purposes related to the home occupation
or professional office, shall be limited to the total ground floor
area of the accessory building.
H.
Nonconforming uses. The following provisions shall apply to all nonconforming
uses:
1.
When permitted. Subject to the provisions of this Section, a use
of a building or land existing at the time of the legal adoption of
this chapter may be continued even though such use does not conform
with the provisions of this chapter for the district in which it is
located.
2.
Abandonment. A nonconforming use of a building or land which has
been abandoned shall not thereafter be returned to such a nonconforming
use. A nonconforming use shall be considered abandoned when one or
more of the following conditions exist.
(a)
When the intent of the owner to discontinue the use is apparent.
(b)
When the characteristic equipment and furnishing of the nonconforming
use have been removed from the premises and have not been replaced
by similar equipment within 90 days unless other facts show intention
to resume the nonconforming use.
(c)
When a nonconforming use has been discontinued for a period
of six months.
(d)
When it has been replaced by a conforming use.
(e)
When it has been changed to another use under permit from the
Zoning Hearing Board.
3.
Changes. No nonconforming building, structure or use shall be changed
to another nonconforming use. Conversion of nonconforming buildings
or structures into residential uses shall be permitted in the R-1
and R-2 Residential and A-1 Conservation Districts as a special exception
under the following requirements:
(a)
The minimum yard and area requirements are in accordance with
the district in which said conversion is located.
(b)
There shall be a maximum of four living units per converted
nonconforming building or structure.
(c)
Each living unit contains a minimum of not less than 900 square
feet of habitable living area.
(d)
Each living unit contains not less than one bathroom and three
habitable rooms, at least one of which shall be a bedroom.
(e)
Separate and private sanitary facilities are provided for each
living unit.
(f)
Fire and safety provisions are certified to be adequate by the
Chief of the Township Volunteer Fire Department.
(g)
A minimum of two off-street parking spaces are provided for
each residential unit.
4.
Construction approved prior to legal enactment of this chapter. Nothing
herein contained shall require any change in plans, construction or
designated use of a building or structure for which a zoning permit
has been issued or the construction of which shall have been diligently
prosecuted within two months of the date of such permit, and the ground
story framework of which shall have been completed within four months
of the date of the permit, and which entire building shall be completed
according to such plans as filed within one year from the date of
legal enactment of this chapter.
5.
District changes. Whenever the boundaries of changed so as to transfer
an area from one district of a different classification, the shall
apply to any nonconforming uses existing therein.
6.
Extension. A nonconforming use may be extended as a special exception
upon approval of the Zoning Hearing Board subject to the following
provisions:
(a)
The extension becomes an attached part of the main structure
and does not utilize additional or adjoining land area other than
the original parcel.
(b)
The extension does not encroach upon the land or height requirements
of the district in which the nonconforming use is presently located.
(c)
The extension is for the purpose of expanding a nonconforming
use which was in existence at the time of enactment of this chapter;
provided, however, that extension of a lawful use to any portion of
a nonconforming building or structure which existed prior to the enactment
of this chapter will not be deemed an extension of a nonconforming
use.
7.
Recording. All nonconforming uses existing at the time of the legal
enactment of this chapter shall be recorded and maintained for public
use in the office of the Zoning Officer.
8.
Restoration. Nothing in this chapter shall prevent the reconstruction,
repairing, rebuilding and continued use of any nonconforming building
or structure damaged by fire, collapse, explosion or act of God, or
due to deterioration subsequent to the date of legal acceptance of
this chapter so long as reconstruction is initiated within one year
of the date of damage.
9.
Unlawful use not authorized. Nothing in this chapter shall be interpreted
as authorization for or approval of the continuance of the illegal
use of a structure or premises in violation of Township regulations
or Codes in existence at the time of the effective date of legal enactment
of this chapter.
I.
Outside storage/junkyards. The following provisions shall apply to
outside storage and junkyards:
1.
All junkyards existing at the effective date of this chapter, within
one year thereafter, and new junkyards where permitted shall comply
with the following provisions:
(a)
No junk material, appurtenant structure or other enclosure shall
be stored or placed within 50 feet of any adjoining property or public
right-of-way and such setback area shall be kept free of weeds and
scrub-growth unless the adjoining property is wooded.
(b)
Any junkyard shall be completely enclosed with a visual screen
of evergreen or evergreen-type hedge where practical, or a maintenance-tree
shadow fencing may be substituted, or tree row of a variety and size
at the time of planting that such will attain a height of eight feet
within three years thereafter and maintained in a sound and attractive
manner.
(c)
All junk shall be stored or arranged so as to permit access
by fire-fighting equipment and to prevent the accumulation of water
and with no junk piled to a height of more than six feet.
(d)
No oil, grease, tires, gasoline or other similar material shall
be burned at any time, and all other burning if permitted shall be
attended and controlled at all times.
(e)
Any junkyard shall be maintained in such a manner as to cause
no public or private nuisance, nor to cause any offensive or noxious
sounds or odors, nor to cause the breeding or harboring of rats, flies
or other vectors.
2.
Storage. No lot or premises shall be used as a garbage dump or a
dead animal rendering plaint. No manure, rubbish or miscellaneous
refuse may be stored in the open within any district where the same
may be construed as a menace to public health or safety. No exceptions
shall be made unless by amendment of the Zoning Code.
J.
Special exceptions. The following uses may be authorized with such
conditions as are deemed appropriate by the Zoning Hearing Board.
1.
The accommodation of not more than two nontransient roomers as an
accessory use to a single-family house provided that no sign is displayed.
2.
Directional signs of a reasonable size in connection with any legal
business or industry provided they contain no information other than
instructions for convenience of vehicular traffic in reaching such
business or industry.
3.
Temporary structures and trailers used in conjunction with construction
work may be permitted only during the period that the construction
work is in progress. Permits for temporary structures shall be issued
for a six-month period.
4.
In B-1 and B-2 Districts, side yard and rear yard requirements may
be reduced to five feet minimums if access to that property and adjacent
properties is certified to be adequate for fire and safety provisions
by the Chief of the Township Volunteer Fire Department.
K.
Signs. No sign, billboard, or exterior graphic display shall be permitted
in any district except as herein provided:
1.
In any district a sign not exceeding one square foot in surface size
is permitted which announces the name, address or professional activity
of the occupant of the premises on which said sign is located.
2.
A bulletin board not exceeding 24 square feet is permitted in connection
with any church, school or similar public structure.
3.
A temporary real estate, construction or political sign of reasonable
size is, with the permission of the property owner, permitted. Such
sign shall be removed within seven days when it has fulfilled its
function.
4.
Business signs shall be permitted in connection with any legal business
or industry when located on the same premises, and if they meet the
following requirements:
(a)
Signs shall not contain information or advertising for any product
not sold on the premises.
(b)
Signs shall not have a combined aggregate surface size greater
than five square feet for each foot of width of the principal structure
on the premises.
(c)
Signs and structures shall not be illuminated in any manner
which causes undue distraction, confusion or hazard to vehicular traffic.
Moving or flashing signs shall be prohibited.
5.
Sign setback requirements:
(a)
Side yard. All signs shall be set back at least five feet from
a side property line, except for the street side of corner lots, which
shall comply with the front yard setback requirements.
(b)
Front yard. (1) Pole signs: neither such signs, nor the pole
and foundation for such signs, shall extend over the cartway or sidewalk.
The bottom of such signs shall be a minimum of eight feet above ground,
but such minimum height shall be 14 feet where vehicular traffic circulates
under the sign. (2) Freestanding ground signs: such signs shall not
extend over the cartway or sidewalk and shall be maximum of six feet
in height from the ground to the top of the sign.
(c)
Sign setbacks shall be measured from the edge of the sign nearest
the side property line or cartway or sidewalk.
L.
Off-street parking. Off-street parking spaces shall be provided in
accordance with the specifications in this Section in any district
whenever any new use is established or existing use is enlarged.
|
Use
|
Parking Spaces Required
| |
|---|---|---|
|
Dwelling
|
Two for each dwelling unit
| |
|
Church, theater, school
|
One for every four seats in largest room
| |
|
Stores, shops, restaurants, clubs, funeral homes
|
One for every 100 square feet of public floor space
| |
|
Business services, warehouse, professional offices
|
One for every 250 square feet of net floor area
| |
|
Manufacturing Plants
|
One for every two employees
| |
|
Hospitals
|
One for every two beds
| |
|
Motels
|
One for every rental unit
|
1.
No off-street parking space shall have an area less than 200 square
feet exclusive of access drives.
2.
Any off-street parking lot for more than five vehicles shall be graded
for proper drainage, paved and maintained in good condition. Parking
areas in the M-2 District may be excepted from this requirement and
need only to provide a durable and dustless surface.
3.
Any lighting used to illuminate any off-street parking lot shall
be so arranged to reflect the light away from adjoining premises in
any R District.
M.
Off-street loading. One off-street loading berth of not less than
35 feet by 10 feet shall be provided for every business and industrial
use with a floor area of more than 10,000 square feet; with one additional
berth required for each additional 25,000 square feet of floor area.
N.
Environmental protection requirements. The following provisions shall
apply to all uses of land in all districts unless otherwise noted.
1.
No cut or fill grade shall exceed a slope of 3/1 or 33-1/3%. This
provision shall apply to all cuts and fills exceeding 100 square feet
in exposed surface area including cuts or fills on land naturally
exceeding 3/1 in slope.
2.
All lands, regardless of their slope, from which structures or natural
cover has been removed or otherwise destroyed, shall be appropriately
graded and seeded within a reasonable time of such clearance activity.
The phrase a "reasonable time" shall be interpreted to be within two
weeks during the growing season and shall be rigidly applied to construction
activities in order to accomplish the intent of keeping erosion to
an absolute minimum.
3.
No cutting, filling, or other disturbing of land and natural vegetation
is permissible within 50 feet of the edge of natural drainage courses
except as permitted by action of the Zoning Hearing Board. In such
cases, the Board may grant permission provided special precautions
are taken to insure against continuing erosion or other circumstances
which may be harmful to the immediate watercourse or in any way pollute
the stream.
4.
No tree harvesting or logging shall be conducted unless the landowner
on whose land the tree harvesting or logging is to be conducted shall
have first obtained a permit therefor from the Township Secretary.
The application shall be submitted on a form provided by the Township
Secretary, shall be accompanied by an application fee in such amount
as shall be determined from time to time by resolution of the Board,
and shall furnish true and correct information and documents as follows:
(a)
Name and address of landowner/applicant.
(b)
Name and address of the operator conducting the tree harvesting
or logging operation.
(c)
The general location of the anticipated operation in relation
to local, county, and state roadways.
(d)
The location of the property boundaries for the tract on which
the logging will take place.
(e)
The approximate starting and completion dates for the logging
operation.
(f)
If required, an earth disturbance permit from the Pennsylvania
Department of Environmental Protection and/or any other agency having
jurisdiction over erosion and sedimentation control for the logging
operation.
(g)
If required, a stream crossing permit from the Department of
Environmental Protection's Bureau of Dams, Waterways and Wetlands
and/or any other agency having jurisdiction over streams that may
be affected by the logging operations.
(h)
If required, a permit from the Allegheny County Conservation
District.
(i)
If required, a permit from the Pennsylvania Fish Commission.
(j)
Any hauling permit that may be required to haul logging equipment
or logs over local or county roadways.
O.
Mobile homes, camping and recreational equipment storage. The following
provisions shall apply to the placement, erection or storage of mobile
homes, camping or recreational equipment:
1.
Trailers as defined within the terms of this chapter and including
mobile homes, travel trailers, pickup coaches, motorized homes and
boat trailers may be parked or stored subject to the following requirements.
2.
Mobile homes may be parked and occupied in the R-1 and R-2 Residential
Districts and A-1 as a conditional use.
(a)
All mobile homes manufactured after 1972 which are set upon
the Township shall display the insignia of certification issued by
the Department of Community Affairs under the Uniform Standards Code
for Mobile Homes, Act of 1972, or as amended, and be free of any damage
incurred by transporting the units from the manufacturer to the site.
(b)
Each mobile home shall be set upon an adequate foundation as
per Township specifications.
(c)
An enclosure of compatible design and material shall be erected
around the base of each mobile home. Such an enclosure shall provide
sufficient screened ventilation to inhibit decay and deterioration
of the structure.
3.
At no time shall parked or stored camping and recreational equipment be occupied or used for living or housekeeping purposes except as specified in § 430.02O4.
4.
Camping and recreational equipment may be parked on any property
in the side or rear yard unless physically impossible and/or used
for temporary residential purposes for a period not to exceed seven
days. Temporary use of such equipment beyond a period of seven days
may be permitted only upon obtaining a permit therefor from the Zoning
Officer. Such permit for the temporary use of such equipment shall
be valid for a period of seven consecutive days and shall be subject
to renewal. No charge will be made for the issuance of such permit.
P.
Building setbacks. Where one or more preexisting structures are located
on adjacent lots within 150 feet in either direction of a proposed
structure the setback of the proposed structure shall conform with
the average setbacks of the preexisting structures.
Q.
Relaxed building setback requirements for preexisting nonconforming lots. Any lot in an A-1, R-1, R-2, B-1 or B-2 Zone comprising less than 7,500 square feet or less land area, or which is 75 feet wide or less, and which was both developed and had its present property lines established and recorded prior to December 21, 1971, is not subject to the minimum lot area, lot area per family, width, front yard, side yard and rear yard size and setback requirements set forth in Table A. Instead, any such preexisting nonconforming lot is subject to the setback requirements set forth in Table A1;[2] provided, however, that a preexisting nonconforming lot bordering any other lot having an existing structure thereon is subject to a front yard setback as set forth in § 430.02P. In no case will any structure be permitted within five feet of a lot line. All other rules, restrictions and requirements in this chapter remain applicable to preexisting nonconforming lots.
[2]
Editor's Note: Table A1 is included at the end of this chapter.
R.
Regulations for group residence facilities.
1.
A new group residence facility may not be established in a building
in an A-1 or R-1 Zone which is within a one-fourth-mile (1,320-foot)
radius of another building in an A-1 or R-1 Zone used as an existing
group residence facility.
2.
A group residence facility is subject to all rules, requirements
and restrictions of this chapter as are applicable to the dwelling
type (i.e., single-family, two-family, multiple-family) in which the
group residence facility is established.
3.
Where any or all of the persons residing in a group residence facility
in an R-1 or R-2 Zone are either under 18 years of age or suffering
from a mental disability which necessitates daily care from others,
the owners and/or operators of the group residence facility must provide
for and place therein at least one qualified and responsible adult
resident supervisor per five or fewer nonsupervisory residents. The
aforesaid supervisor(s) must be present each and every week, seven
days per week and 24 hours per day.
[Amended 7-19-2011 by Ord. No. 537]
4.
In order to be and remain in compliance with this chapter a group
residence facility must be in compliance with all applicable federal,
state and local laws and regulations.
S.
Maximum occupancy. No single-family dwelling, two-family dwelling,
multiple-family dwelling, building used as a group residence facility,
building used as a boardinghouse, or dwelling unit within a planned
residential development may be used as a residence by more than one
person per 200 square feet of finished living space unless each and
every occupant is related to all of the others by blood, marriage
or legal adoption. "Finished living space" means any part of a dwelling
unit which is property heated by a permanently installed heating system
and has permanently installed electrical wiring and plug sockets conforming
to applicable codes at the time of installation.
T.
Kennels. All kennels shall comply with the following provisions:
1.
No kennel may be operated on a lot less than one acre in area.
2.
All buildings, dog runs, fenced enclosures, and similar structures
shall be located at least 100 feet from all property or street lines.
3.
All animals shall be kept in an enclosed building at night.
4.
All kennels shall be constructed, maintained, and operated in accordance
with the applicable provisions of the Pennsylvania law and regulations,
3 P.S. § 459-101 et seq. and 7 Pa. Code Ch. 21.
U.
Fences.
[Added 4-20-2010 by Ord. No. 523]
1.
Permit
and maintenance requirements. A zoning permit must be obtained from
the Building Official for the erection of any fence. The property
owner shall be responsible for maintaining any fence in a safe condition
and in good repair.
2.
Placement.
(a)
Fence height shall be erected three feet in the front, four feet
to six feet in the side or six feet in the rear and shall not extend
beyond the property lines.
(b)
No fence shall be erected in a right-of-way.
(c)
Retaining walls, masonry or concrete fences shall not be located
within any easement. Any other fences constructed in an easement shall
require a certification by the owner that the owner agrees to remove
the fence at the request of the owner of the easement and that the
Township will be indemnified by the owner for any liability relating
thereto.
(d)
Fences can be placed in the allowable yards as set forth in Subsection
U2(a); minimum setback: two feet.
(e)
On a corner lot, authorized fences shall be set back 25 feet from
front and side property lines if higher then three feet to allow a
clear sight triangle; open fence only in front yard.
3.
Materials.
Fencing may be constructed of wood, masonry, concrete, plastic, metal,
a minimum ten-gauge wire mesh or similar materials, including fences
of interwoven material construction such as the basket-weave type.
Fences constructed of barbed wire, or other fences with sharp points
or edges protruding therefrom, and electrical fences, shall not be
permitted.
5.
General
requirements.
(a)
Fences shall not obstruct the fifty-foot to seventy-five-foot clear
sight distance at street or driveway intersections. The required clear
sight distance shall be determined by the Building Official, consistent
with the applicable PennDOT standards.
(b)
All fences shall be in harmony with their general surroundings.
(c)
The finished side of the fence shall always face the abutting properties
or street. All structural supports, such as posts, rails and framing,
shall face the applicant’s property.
[Ord. No. 433,
passed 7-10-1996]
A.
General. Conditional uses as specified in § 430.02 may be allowed or denied by the Board after recommendations by the Planning Commission in accordance with the following criteria and provisions.
1.
The party applying for a conditional use shall pay an application
fee in an amount equal to that set by resolution of the Board.
2.
Five copies of a site plan and supporting data which shows the size,
location, and topography of the site, the use of adjacent land, the
proposed size, bulk, use and location of buildings; the location and
proposed function of all yards, open spaces, parking areas, driveways,
storage areas and accessory structures; the location of all utilities,
the provisions for parking, moving or loading of vehicles and the
timing of construction proposed shall be submitted to the Zoning Officer
at least 10 days in advance of the next regularly scheduled meeting
of the Planning Commission.
B.
Review. The Zoning Officer shall forward copies of the application
to the Board and to the Planning Commission for review and approval.
1.
The Planning Commission shall make a recommendation to the Board
in advance of the public hearing to be conducted on the application.
Failure to make such a recommendation shall be deemed to be a favorable
recommendation.
2.
The Board shall conduct public hearings on applications for conditional
uses in accordance with the provisions established for public hearings,
as set forth in the Pennsylvania Municipalities Planning Code, as
amended. The Board may attach such conditions as they deem necessary
to the approval, either tentative or final, of any conditional use.
The approved site plan and all attached conditions shall be recorded
by the applicant within 90 days of final approval. All development,
construction and use shall be in accordance with the approved plan,
unless a revised plan is submitted, approved and recorded. Any development
contrary to the approved plan shall constitute a violation of this
chapter.
C.
Criteria for approval. A conditional use shall be approved if, and
only if, it is found to meet the following criteria:
1.
The proposed use conforms to the district and conditional use provisions
and all general regulations of this chapter.
2.
The proposed use meets all standards which may apply to its class
of conditional uses as set forth in this chapter.
3.
The proposed use shall not involve any element or cause any condition that may be dangerous, injurious, or noxious to any other property or persons, and shall comply with the performance standards of § 430.04E.
4.
The proposed use shall be sited, oriented and landscaped to produce
a harmonious relationship of buildings and grounds to adjacent buildings
and properties.
5.
The proposed use shall produce a total visual impression and environment
which is consistent with the environment of the neighborhood.
6.
The proposed use shall organize vehicular access and parking to minimize
traffic congestion in the neighborhood.
7.
The proposed use shall preserve the objectives of this chapter and
shall be consistent with the Comprehensive Plan.
D.
Performance standards. All conditional uses shall comply with the
requirements of this Section. In order to determine whether a proposed
use will conform to the requirements of this chapter, the Board may
obtain a qualified consultant to testify whose cost for services shall
be borne by the applicant.
1.
Fire protection. Fire prevention and fighting equipment acceptable
to the Board of Fire Underwriters shall be readily available when
any activity involving the handling or storage of flammable or explosive
materials is carried on.
2.
Electrical disturbances. No activity shall cause electrical disturbance
adversely affecting radio or other equipment in the vicinity.
3.
Noise. Noise which is determined to be objectionable because of volume,
frequency, or beat shall be muffled or otherwise controlled, except
fire sirens and related apparatus used solely for public purposes
shall be exempt from this requirement.
4.
Vibrations. Vibrations detectable without instruments on neighboring
property in any district shall be prohibited.
5.
Odors. No malodorous gas or matter shall be permitted which is discernible
on any adjoining lot or property.
6.
Air pollution. No pollution of air by flyash, dust, smoke vapors
or other substance shall be permitted which is harmful to health animals,
vegetation or other property.
7.
Glare. Lighting devices which produce objectionable direct or reflected
glare on adjoining properties or thoroughfares shall not be permitted.
8.
Erosion. No erosion by wind or water shall be permitted which will
carry objectionable substances onto neighboring properties.
9.
Water pollution. Water pollution shall be subject to the standards
established by the State Sanitary Water Board.
E.
Performance standards applicable to communications towers:
1.
Use regulations.
(a)
A cell site with antenna that is attached to an existing communications
tower, smoke stack, water tower, or other tall structure, is permitted
as a conditional use only in districts designated as A-1, M-1 and
M-2. The height of the antenna shall not exceed the height of the
existing structure by more than 10 feet. If the antenna is to be mounted
on an existing structure, a full site plan shall not be required.
(b)
A cell site with a tower that is either not mounted on an existing
structure, or is more than 10 feet higher than the structure on which
it is mounted, is only permitted as a conditional use in zoning districts
designated as A-1, M-1 and M-2.
(c)
All other uses ancillary to the tower and associated equipment
(including a business office, maintenance depot, vehicle storage,
etc.) are prohibited from the cell site unless otherwise permitted
in the zoning district in which the cell is located.
2.
Standards of approval for communication towers:
(a)
The applicant is required to demonstrate, using technological
evidence, that this tower must go where it is proposed in order to
satisfy its function in the Township's grid system.
(b)
If the applicant proposes to build a tower (as opposed to mounting
the antenna on an existing structure), it is required to demonstrate
that it contacted the owners of tall structures within a one-quarter-mile
radius of the site proposed, asked for permission to install the antenna
on those structures and was denied for reasons other than economic
ones. This would include smoke stacks, water towers, tall buildings,
antenna support structures of other cellular phone companies, other
communications (fire, police, etc.), and other tall structures. The
Township may deny the application to construct a new tower if the
applicant has not made a good faith effort to mount the antenna on
an existing structure.
(c)
Tower height. The applicant shall demonstrate that the tower
is the minimum height required to function satisfactorily. No tower
that is taller than this minimum height shall be approved.
(e)
The communication tower and the related structures and facilities
must be designed, manufactured and erected in conformity with the
application dated July 11, 1967, and must meet or exceed manufacturer
requirements, accepted engineering standards, and the applicable requirements
of ANSI, the BOCA Code (1996 edition), and state and federal statutes
and regulations.
(f)
No signs or other structures, devices or other items shall be
placed on the communication tower, except for such items that may
be required by law.
(g)
The applicant shall demonstrate that the proposed tower and
support structure are safe and the surrounding areas will not be negatively
affected by support structure failure, electromagnetic fields, radio
frequency, falling ice or other debris, ionizing electromagnetic energy
(IEE) or nonionizing electromagnetic radiation (NIER) as per American
National Standards Institute (ANSI).
(h)
The proposed communication tower shall be protected and secured
to guarantee the safety of the general public. Fencing must consist
of galvanized chain-link, eight feet in height and installation of
anticlimbing safety devices. Associated supports and guide wires shall
not be located within the required set backs.
(i)
The applicant shall submit to the Planning Commission a site
plan or survey of the property certified by a licensed engineer or
architect registered in Pennsylvania. The applicant must also submit
a fencing and landscaping plan at this time.
(j)
Only one communication tower is permitted per lot.
(k)
The communication tower will not adversely affect property values
in the neighborhood (and in particular, each adjacent property) by
more than 10%.
(l)
The communication tower in its operation will not endanger the
health, safety and welfare of the public, and more specifically, evidence
that the communication tower, its operation and the expected output
frequency, modulation, radiated power, etc., will not cause health
problems.
(m)
The applicant will submit a copy of his or her FCC license.
Any grant of conditional use hereunder will automatically lapse if
said license ever expires or lapses.
(n)
Outside of the required fencing, there shall be a landscaping
screen of evergreen trees, minimum six feet in height, planted 10
feet on center.
(o)
In order to minimize the number of antenna support structures
needed in the community in the future, the proposed support structure
shall accommodate other users, including other cellular phone companies,
and police, fire and ambulance companies.
(p)
The proposed communication tower shall have a top coat of silver
paint or have a galvanized finish retained. The proposed communication
tower shall not be artificially lighted unless required by the FAA.
3.
Additional standards.
(a)
This conditional use will automatically lapse if not used for
six continuous months. Applicant must provide proof of purchase of
a demolition bond, to be renewed annually, equal to 75% of construction
cost to be used in the event of abandonment.
(b)
An inspection of the proposed communication tower to insure
structural integrity shall be performed at least once every three
years. Inspections shall be conducted by an engineer licensed by the
Commonwealth of Pennsylvania. The cost of such inspections must be
borne by the applicant. The result of such inspections shall be provided
to the Township. Based upon results of an inspection, the Township
may require repair or removal of a communication tower. The facilities
which are erected to maintain the communications tower may not include
offices, long-term vehicle storage, other outdoor storage, or broadcast
studios, except for emergency purposes, or other uses that are not
needed to send or receive transmissions.
(c)
Equipment in a transmission facility shall be automated to the
greatest extent possible to reduce traffic and congestion. The applicant
shall describe anticipated maintenance needs, including frequency
of service, personnel needs, equipment needs and traffic, noise, or
safety impact of such maintenance. Where the site abuts or has access
to a collector and local street, access for maintenance vehicles shall
be exclusively by means of the collector street. A surfaced and maintained
driveway with parking inside the fence boundaries must also be constructed.
(d)
When lighting is required and permitted by the Federal Aviation
Administration or other federal or state authority, it shall be oriented
so as not to project on to surrounding property.
(e)
Prior to the site plan certification, the applicant shall provide
documentation that the proposed communication tower has been reviewed
and is not determined to be a hazard by the FAA or the Allegheny County
Department of Aviation. The ACDA shall review the communication tower
application to determine if it is a hazard to any FAA flight paths.
(f)
Applicants will be required to execute a developers agreement
with the Township's Board of Commissioners.
A.
Zoning Officer. The Zoning Officer, who shall be appointed by the
Board, shall:
1.
Administer and enforce the provisions of this chapter in accordance
with its literal terms and shall not have the power to permit any
construction or any use or change of use which does not conform to
this chapter.
2.
Approve applications for zoning certificates.
3.
Institute civil enforcement proceedings on behalf of the Township.
4.
Issue a certificate of prior nonconforming use within the meaning of § 430.02H1 within 90 days of enactment of any change in zoning district boundaries for all properties nonconforming to the redistricted area. The property owner shall be provided one copy of the certificate, and a duplicate of each certificate shall be maintained in a public file by the Township Secretary.
B.
Zoning certificates. A zoning certificate shall be obtained before
any person may:
1.
Occupy or use any vacant land; or
2.
Occupy or use any structure hereafter constructed, reconstructed,
moved, altered or enlarged; or
3.
Change the use of a structure or and to a different use; or
4.
Change a nonconforming use, to a permitted use.
5.
Applications for a zoning certificate shall be accompanied by a plot
plan showing clearly and completely the location, dimensions and nature
of and structure involved and such other information as the Zoning
Officer may require for the administration of this chapter, together
with a filing fee in accordance with a schedule affixed by resolution
of the Board.
C.
Enforcement remedies. Any person, partnership or corporation who
or which shall violate or permit the violation of the provisions of
this chapter shall, upon conviction thereof in a civil proceeding,
be subject to a fine of not more than $500 plus all court costs and
reasonable attorneys fees incurred by the Township as a result thereof.
If the defendant neither pays nor timely appeals for judgment, the
Township may enforce the judgment pursuant to the applicable rules
of civil procedure. Each day that a violation is continued shall constitute
a separate offense. The Township shall furthermore retain any and
all enforcement rights not enumerated herein, but granted to it pursuant
to the provisions of the Pennsylvania Municipalities Planning Code,
as amended, and other applicable law.
D.
Amendments. The Board may amend this chapter as proposed by a member
of the Board, by the Planning Commission or by a petition of a person
residing or owning property within the Township in accordance with
the following provisions:
1.
Petitions for amendment shall be filed with the Board and the petitioner,
upon such filing, shall pay an advertisement deposit and a filing
fee in accordance with a schedule affixed by resolution. The petition
shall be forwarded to the Planning Commission, and the Planning Commission
shall review the proposed amendment and report its findings and recommendations
in writing to the Board and to the petitioner. The proposed amendment
shall be introduced before the Board only if a member of the Board
elects to do so. If an amendment proposed by petition is not introduced,
the advertising deposit shall be refunded to the petitioner; otherwise,
such deposit shall be paid by the Township.
2.
(Reserved)
3.
Before voting on the enactment of an amendment, the Board shall hold
public hearing thereon pursuant to public notice. If, after any public
hearing held upon an amendment the proposed amendment is changed substantially,
or is revised to include land previously not affected by it, the Board
shall hold another public hearing pursuant to public notice before
proceeding to vote on the amendment.
4.
The proposed amendment shall be submitted to the Allegheny County
Planning Commission for their review and comment at least 30 days
prior to the public hearing on the proposed amendment by the Board.
5.
If an amendment to this chapter is enacted, a copy of the amendment
shall be forwarded to the Allegheny County Planning Commission within
30 days of such enactment.
E.
Zoning Hearing Board. In accordance with the Pennsylvania Municipalities
Planning Code, as amended, and other applicable law, the Board shall
by resolution appoint and organize a Zoning Hearing Board, consisting
of three members, which Zoning Hearing Board shall adopt rules to
govern its procedure. The Zoning Hearing Board may also consist of
up to three alternate members that the Board may from time to time
appoint by resolution, which alternate members shall participate in
such Zoning Hearing Board business as shall be permitted by the Pennsylvania
Municipalities Planning Code, as amended, and other applicable law.
The Zoning Hearing Board shall hold meetings, keep minutes, and pursuant
to notice, shall conduct hearings, compel the attendance of witnesses,
take testimony under oath, and render decisions in writing, all as
required by law. A fee shall be charged in accordance with a schedule
affixed by resolution for any appeal or proceeding filed with the
Zoning Hearing Board. The Zoning Hearing Board shall have the functions,
powers and obligations specifically granted by law.
[Ord. No. 433,
passed 7-10-1996; Ord. No. 442, passed 8-13-1997; Ord. No. 457, passed 7-14-1999; Ord. No. 458, 7-14-1998; Ord. No. 497, passed 6-14-2006]
A.
ACCESSORY BUILDING
ACCESSORY USE
ALTERATIONS
AREA, BUILDING
AREA, LOT
BILLBOARD
BOARDINGHOUSE
BUILDING
BUILDING, FRONT LINE OF
BUILDING, HEIGHT OF
BUILDING LINE
BUILDING, MAIN
CLEAR SIGHT TRIANGLE
CLINIC
COMMERCIAL
COMMUNICATION TOWER
(a)
(b)
(c)
DWELLING
DWELLING TYPE
(a)
(b)
(c)
DWELLING UNIT
FAMILY
FENCE
GARAGE, PRIVATE
GARAGE, PUBLIC
GROUP RESIDENCE FACILITY
HEAVY-DUTY TRUCKS
HOME OCCUPATION
INTEGRATED CENTER
JUNK
JUNKYARD
KENNEL
LOT
LOT AREA
LOT, CORNER
LOT DEPTH
LOT INTERIOR
LOT LINES
LOT OF RECORD
LOT WIDTH
MANUFACTURING, HEAVY
MANUFACTURING, LIGHT
MIXED USE
MOBILE HOME
MOBILE HOME PARK
NONCONFORMING LOT
NONCONFORMING STRUCTURE
NONCONFORMING USE
OPEN SPACE
OWNER
OCCUPANCY PERMIT
PARKING SPACE
PLANNED RESIDENTIAL DEVELOPMENT
PREEXISTING NONCONFORMING LOT
PRINCIPAL USE
PROFESSIONAL OFFICE
PUBLIC HEARING
PUBLIC NOTICE
PUBLIC RIGHT-OF-WAY
RETAIL STORE
SIGN
SIGN, GROSS SURFACE AREA OF
SPECIAL EXCEPTION
STREET
STREET LINE
STRUCTURE
SUBDIVISION
SUPPLY YARD
TRAILER, CAMPING AND RECREATIONAL EQUIPMENT
(a)
(b)
(c)
(d)
(e)
TRAILER CAMP
TREE HARVESTING or TIMBER HARVESTING or LOGGING
USE
UTILITY
VARIANCE
YARD
(a)
(b)
(c)
ZONING
ZONING HEARING BOARD
ZONING OFFICER
ZONING PERMIT
Certain words used in this chapter are defined below. Words used
in the present tense shall include the future. The singular number
shall include the plural, and the plural, the singular. The word "shall"
is mandatory and not permissive.
A subordinate building or a portion of the main building
on a lot, the use of which is customarily incidental to that of the
main or principal building.
A use located on the same lot and of a nature customarily
incidental and subordinate to the principal use.
A change or rearrangement in the structural parts or in the
existing facilities or an enlargement whether by extending on a side
or by increasing height or the moving from one location or positions
to another.
The total of areas taken on a horizontal plane at the main
grade level of the principal building and all accessory buildings,
exclusive of uncovered porches terraces and steps.
The total area within the lot lines measured on a horizontal
plane.
A sign other than one indicating a business conducted on
the premises; a sign upon which advertising matter of any character
is printed, posted, or lettered; and it may be either freestanding
or attached to a surface of a building or other structure.
Any dwelling, not a group residence facility, principally used as a residence by (a) more than three unrelated persons per dwelling unit, or (b) any number of persons related by blood, marriage or legal adoption, together with more than two other persons unrelated to each other by blood, marriage or legal adoption per dwelling unit, regardless of whether such residents are maintaining a common household. (For an accessory use by two or fewer unrelated, nontransient residents, see § 430.02J1 of this chapter.) "Boardinghouse" as a permitted use does not include an establishment which is intended to or does provide room and board to persons who, because of a mental or emotional disability, are prone to threatening or harmful behavior; nor does it include an establishment which is intended to or routinely does provide room and board to persons who are criminal offenders. Any establishment providing room and board to individuals which does not fall within this definition or any other definition of a permitted use under this chapter is not a permitted use. A boardinghouse is subject to all rules, requirements and restrictions of this chapter as are applicable to the dwelling type in which the boardinghouse is established.
Anything constructed or erected with a fixed or permanent
location on the ground, or attached to something having a fixed location
on the ground.
The line of that face of the building nearest the front line
of the lot. This face includes sun parlors and covered porches whether
enclosed or unenclosed but does not include steps or patios.
The vertical distance measured from the average elevation
of the proposed finished grade at the front of the building to the
highest point of the roof for flat roofs, to the deck line of mansard
roofs and to the mean height between eaves and ridge for gable, hip
and gambrel roofs.
An imaginary line located on the lot at a fixed distance
from the street right-of-way line and interpreted as being the nearest
point that a building may be constructed to the street right-of-way.
The building line shall limit the location of porches, patios and
similar construction, steps excepted, to the face of this line.
A building in which is conducted the principal use of the
lot on which it is located.
The triangular area formed by two intersecting street center
lines and a line interconnecting points established on each center
line 100 feet from their point of intersection. This entire area is
to remain clear of obstructions to sight above a plane established
3 1/2 feet in elevation from grade level at the intersection
of the street center line.
Any establishment where human patients are examined and treated
by doctors or dentists but not hospitalized overnight.
Engaging in a business enterprise, activity or other undertaking
for profit, including but not limited to, retail stores, service shops,
eating and drinking places, professional offices, banks, auto sales
and repair, gas stations and motels.
A structure, typically a steel tower, whose principal use
is to be utilized for public or private communication and/or data
transmission purposes and owned and/or operated by a private corporation
or a communication corporation or utility regulated by the Federal
Communications Commission most often associated with personal communication
service. Communication towers shall be considered to be a different
and distinct use than a radio or television antenna not permitted
as accessory uses but considered to be a principal use of a parcel
of ground.
TOWER HEIGHTThe vertical distance measured from the base of the tower support structure at the grade to the highest point of the structure. If a support structure is on a sloped grade, then the average between the highest and lowest grade shall be used as calculating the antenna height.
TOWER SUPPORT STRUCTUREAny pole, telescoping mast, tower, tripod or any other structure which supports a device used in the transmitting or receiving of radio frequency energy.
CELL SITEA tract or parcel of land that contains a communication tower, its support structure, accessory building(s), and parking, including other uses associated with and ancillary to communication tower transmission.
Any structure designed or used as the living quarters for
one or more families.
The following:
MULTIPLE-FAMILYA building designed for or occupied exclusively as a residence for three or more families with separate housekeeping, cooking and sanitary facilities for each.
SINGLE-FAMILYA detached, permanent structure designed for or occupied exclusively as a residence for only one family. These shall include conventional custom-made homes, sectional or modular homes, and double section mobile homes permanently combined and made immobile.
TWO-FAMILYA building designed for or occupied exclusively as a residence for two families only, with separate housekeeping, cooking and sanitary facilities for each.
Any building or portion thereof which is designed and used
exclusively for residential purposes by one family, and includes complete
kitchen and bathroom facilities.
One or more persons who live together in one dwelling unit
and maintain a common household. May consist of a single person or
of two or more persons whether or not related by blood, marriage or
adoption. May also include domestic servants and gratuitous guests.
A combination of materials, usually posts, boards, wires,
stakes or rails, that is used as an enclosure, barrier or boundary.
An enclosed or covered space for the storage of one or more
motor vehicles, provided that no business, occupation or service is
conducted for profit therein nor space therein or more than one car
is leased to a nonresident of the premises.
A building or structure where motor vehicles can be temporarily
stored or parked.
A use, established in a dwelling permitted within a zone according to Table A,[1] which provides room and board to persons who are residents
by virtue of requiring specialized services limited to health, social
and/or rehabilitative services provided by a governmental agency,
the licensed or certified agents of a governmental agency, or any
other responsible nonprofit or for profit person or entity. "Group
residence facility" as a permitted use does not include an establishment
which is intended to or does provide room and board to persons who,
because of a mental or emotional disability, are prone to threatening
or harmful behavior; nor does it include an establishment which is
intended to or does provide room and board to persons who are criminal
offenders. Any establishment providing room and board to individuals
which does not fall within this definition or any other definition
of a permitted use under this chapter is not a permitted use. A group
residence facility is subject to all rules, requirements and restrictions
of this chapter as are applicable to the dwelling type (i.e., single-family,
two-family, multiple-family) in which the group residence facility
is established.
A vehicle that requires having a commercial drivers license
(CDL) to operate.
Any use customarily conducted entirely within a dwelling
or in a building accessory thereto and carried on by the inhabitants
residing therein, provided that the use is clearly incidental and
secondary to the use of the dwelling for dwelling purposes, and that
no alterations are made to the exterior appearance of the structure
or premises, other than signs as provided herein, including, but not
limited to the following occupations: the professional practice of
medicine, dentistry, architecture, law and engineering, artists, beauticians,
barbers, and veterinarians, excluding stables or kennels.
A combination of commercial uses designed, structured and
located so as to result in a shopping plaza, mall or other acceptable
configuration in one continuous building or architectural modification
thereof, under one roof including associated common walls.
Any worn, cast-off or discarded article or material which
is ready for destruction or which has been collected or stored for
sale, resale, salvage or conversion to some other use. Any such article
or material which unaltered, not needed to be disassembled or unfastened
from, or unchanged and without further reconditioning can be used
for its original purpose as readily as when new shall not be considered
junk.
The use of more than 100 square feet of the area of any lot
for the storage, keeping or abandonment of junk, including scrap material
from the dismantling, demolition or abandonment of automobiles or
other vehicles or machinery or parts thereof. A "junkyard" shall include
an automobile graveyard or motor vehicle graveyard.
As used with the terms of this chapter shall include any
land, building or part thereof, wherein five dogs and/or cats are
kept overnight for the purpose of breeding, hunting, training, renting,
buying, boarding, sale, show or as pets. This definition does not
apply to such activities when documented in connection with the operation
of a veterinary clinic or hospital.
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed,
or built upon as a unit.
The area of a horizontal plane measured at grade and bounded
by the front, side and rear lot lines.
A lot at the point of intersection of and abutting on two
or more intersecting streets or other public spaces the angle of intersection
being not more than 135°.
The average horizontal distance between the front and rear
lot lines.
A lot other than a corner lot.
The lines bounding a lot as defined herein.
Any lot which individually or as a part of a subdivision,
has been recorded in the office of Recorder of Deeds of the county.
The average horizontal distance across the lot between the
side lot lines, measured at the building line.
The processing or fabrication of products, including but
not limited to: home appliances, office machines, machine tools, dies
and gauges, plastic goods, pharmaceutical goods and food products
excluding animal slaughtering, curing and rendering of fats, where
no process involved will produce noise, vibrations, air pollution,
fire hazard, noxious emission or other conditions hazardous to the
community health and welfare.
The processing or fabrication of products, including but
not limited to: electrical instruments, precision instruments, jewelry,
timepieces, optical goods, musical instruments, novelties, wood products,
printed material, lithographic plates, type composition, ceramics,
apparel, film processing, light sheet metal products, where no process
will produce noise, vibrations, air pollution, fire hazard, noxious
emission or other condition hazardous to the community health and
welfare.
To use a building for both residential and commercial or
commercial and industrial purposes, each of which is separately a
permitted use within the zone.
A transportable, single-family dwelling, which may be towed
on its own running gear, and which may be temporarily or permanently
affixed to real estate, used for nontransient residential purposes
and constructed with the same or similar, electrical, plumbing and
sanitary facilities as mobile housing, and having a minimum of 600
square feet of floor area.
A parcel or contiguous parcels of land which has been so
designated and improved that it contains two or more mobile home lots
for the placement thereon of mobile homes.
A lot the area or dimension of which was lawful prior to
the adoption or amendment of this chapter, but which fails to conform
to the requirements of the zoning district in which it is located
by reason of such adoption or amendment.
A structure or part of a structure manifestly not designed
to comply with the applicable use or extent of use provisions of this
chapter, or amendments heretofore or hereafter enacted, including
without limitation such dimensional requirements as lot width, lot
depth, building height and required yards, where such structure lawfully
existed prior to the enactment of this chapter or amendment or prior
to the application this chapter or amendment to its location by reason
of annexation. Such nonconforming structures include but are not limited
to, nonconforming signs.
A use, whether of land or of a structure, which does not
comply with the applicable use provisions in this chapter or amendments
heretofore or hereafter enacted, where such use was lawfully in existence
prior to the enactment of this chapter or amendment to its location
by reason of annexation.
An occupied space open to the sky on the same lot with the
building.
The duly authorized agent, attorney, purchaser, devisee,
fiduciary or any person having vested or equitable interest in the
lot in question.
A statement signed by the Zoning Officer setting forth that
either a building or structure complies with this chapter or that
a building, structure or parcel of land may lawfully be employed for
specific uses.
An off-street space measuring not less than 10 feet by 20
feet, whether inside or outside of a structure, for the temporary
standing of automotive vehicles to be used exclusively as a parking
stall for one automotive vehicle. Such space shall be exclusive of
all area necessary to gain access to said parking space including
turning areas, access aisles, fire lanes, and access drives within
the street right-of-way.
An area of land, controlled by a landowner, to be developed
as a single entity for a number of dwelling units, or combination
of residential and nonresidential uses, the development plan for which
does not correspond in lot size, bulk, or type of dwelling, or use,
density, or intensity, lot coverage and required open space to the
regulations established in any one residential district. A planned
residential development may include and shall be limited to (i) dwelling
units in detached, semidetached, attached, or multi-storied structures,
or any combination thereof; and (ii) those nonresidential uses deemed
to be appropriate for incorporation in the design of the planned residential
development.
Any building lot in an A-1, R-1, R-2, B-1 or B-2 Zone which
comprises 7,500 square feet or less land area, or is 75 feet or less
in width, and was both developed and had its present property lines
established and recorded prior to December 21, 1971.
The major dominant use of the lot on which it is located.
Any office or business conducted by an individual or association
who or that must be licensed under the laws of the Commonwealth of
Pennsylvania.
A meeting open to the general public held pursuant to proper
public notice.
A notice published once a week for two successive weeks in
a newspaper of general circulation in the Township. Such notice shall
state the time and place of the hearing and the particular nature
of the matter to be considered at the hearing. The first publication
shall be not more than 30 days and the second publication shall not
be less than seven days from the date of the hearing.
Land reserved for use as a road, street, alley, crosswalk,
pedestrianway or other public purpose.
A business establishment located entirely within an enclosed
building which sells goods, services or merchandise to the general
public for personal, household or office consumption and which shall
not include wholesale, manufacturing or processing of the goods offered
for sale.
Any surface fabric device or structure bearing lettered,
pictorial or sculptured matter intended, designed or used to convey
information visually and exposed to public view which directs attention
to an object, product, place, activity, person, institution, organization
or business. The term "sign" does not apply to a flag, emblem or insignia
of a nation, political unit, school or religious group.
The entire area within a single continuous perimeter enclosing
the extreme limits of such sign. All signs shall be limited to not
more than two faces. All area limitations shall be computed in square
feet. Each face of a double-face sign may equal the maximum size permitted
for the particular type of sign. When individual letters are used
separately on the surface of a building wall, the spaces between said
letters shall be included in computing the area of the sign.
The granting of a modification of the provisions of this
chapter as authorized in specific instances listed, and under the
terms, procedures and conditions prescribed herein. Special exceptions
are administered by the Zoning Hearing Board.
A public way which affords principal means of access to abutting
properties.
The dividing line between the street or road right-of-way
and the lot.
A combination of materials that form construction that is
safe and stable and includes among other things buildings, stadiums,
platforms, radio towers, sheds, storage bins and billboards.
The division or redivision of a lot, tract, or parcel of
land by any means into two or more lots, tracts, parcels or other
divisions of land including changes in existing lot lines for the
purpose, whether immediate or future, of lease, partition by the court
for distribution to heirs or devisees, transfer of ownership or building
or lot development: provided, however, that the division of land for
agricultural purposes into parcels of more than 10 acres, not involving
any new street or easement of access or any residential dwelling shall
be exempted.
A commercial establishment storing or offering for sale building
supplies, steel supplies, coal, heavy equipment, feed and grain, and
similar goods. Supply yards to not include the wrecking, salvaging,
dismantling or storage or automobiles and similar vehicles.
Includes travel trailers, pickup coaches, motorized homes
and recreational equipment as follows:
TRAVEL TRAILERA portable dwelling unit on a chassis, designed to be towed and used as a temporary dwelling for travel, recreational and vacation purposes, and permanently identified as a travel trailer by the manufacturer of the trailer.
PICKUP COACHA dwelling designed primarily to be mounted on a pickup or other truck chassis with sufficient equipment to render it suitable for use as a temporary dwelling for travel, recreational and vacation purposes.
MOTORIZED HOMEA portable dwelling designed and constructed as an integral part of a self-propelled vehicle.
BOATA vessel designed to travel on water.
BOAT TRAILERA trailer designed to haul a boat as defined above.
A tract of land (i) where two or more trailers are parked;
or (ii) which is used or held out for the purpose of supplying to
the public a parking space for two or more trailers.
The cutting down and removal of trees and logs to be converted
to any forest product or for sale to others. This definition excludes
ornamental trees and/or other nursery endeavors.
The specific purpose for which land or a building is designed,
arranged, intended or for which it is or may be occupied or maintained.
The term "permitted use" or its equivalent shall not be deemed to
include any nonconforming use.
Any facility used in rendering service which the public has
a right to demand.
The permission granted by the Zoning Hearing Board, following
a public hearing that has been properly advertised as required by
the appropriate municipal code for an adjustment to some regulation
which, if strictly adhered to, would result in an unnecessary hardship,
and where the permission granted would not be contrary to the public
interest, and would maintain the spirit and original intent of the
chapter.
An unoccupied space open to the sky, on the same lot with
a building or structure.
YARD, FRONTAn open unoccupied space on the same lot with a main building, extending the full width of the lot and situated between the street right-of-way line and the front line of the building projected to the side lines of the lot. The depth of the front yard shall be measured between the front line of the building and the street right-of-way line. Covered porches whether enclosed or unenclosed shall be considered as part of the main building and shall not project into a required front yard.
YARD, REARAn open unoccupied space on the same lot with a main building, extending the full width of the lot and situated between the rear line of the lot and the rear line of the building projected to the side lines of the lot and rear line of the building. A building shall not extend into the required rear yard.
YARD, SIDEAn open unoccupied space on the same lot with the building situated between the building and the side line of the lot and extending from the front land of the rear land. Any lot line not a rear line or a front line shall be deemed a side line. A building shall not extend into the required side yards.
A legal and administrative process whereby a municipality
divides its territory into districts and applies to each district
a number of regulations to control the use of land, the height and
bulk of buildings, and the area of ground built upon.
The Zoning Hearing Board of Crescent Township as duly constituted
by and established pursuant to this chapter.
The individual authorized by the Township to be the administrator
of the daily application of the provisions contained in these zoning
standards.
A statement signed by the Zoning Officer indicating that
the application for permission to construct, alter or add is approved
and in accordance with the requirement of the terms of this chapter.
[1]
Editor's Note: Table A is included at the end of this chapter.
[Ord. No. 429,
passed 12-13-1995]
A.
General.
1.
Purpose. The purpose of these provisions is to prevent the loss of
property and life, the creation of health and safety hazards, the
disruption of commerce and governmental services, the extraordinary
and unnecessary expenditure of public funds for flood protection and
relief, and the impairment of the tax base by:
(a)
Regulating uses, activities, and development which, acting alone
or in combination with other existing or future uses, activities,
and development, will cause unacceptable increases in flood heights,
velocities and frequencies.
(b)
Restricting or prohibiting certain uses, activities, and development
from locating within areas subject to flooding.
(c)
Requiring all those uses activities and developments that do
occur in flood-prone areas to be protected and/or floodproofed against
flooding and flood damage.
(d)
Protecting individuals from buying lands and structures which
are unsuited for intended purposes because of flood hazards.
2.
Applicability. These provisions shall apply to all lands within the
jurisdiction of the Township and shown as being located within the
boundaries of the designated Floodplain Districts which are considered
as a part of the official Zoning Map.
3.
Compliance. No structure or land shall hereafter be used and no structure
shall be located, relocated constructed, reconstructed, enlarged or
structurally altered except in full compliance with the terms and
provisions of this chapter and any other applicable chapters and regulations
which apply to uses within the jurisdiction of this chapter.
4.
Warning and disclaimer of liability. The degree of flood protect
on sought by the provisions of this chapter is considered reasonable
for regulatory purposes and is based on acceptable engineering methods
of study. Larger floods may occur on rare occasions. Flood heights
may be increased by man-made or natural causes, such as ice jams and
bridge openings restricted by debris. This chapter does not imply
that areas outside the floodplain districts or that land uses permitted
within such districts will be free from flooding or flood damages.
This chapter shall not create liability on the part of the Township
or any officer or employee thereof for any flood damages that result
from reliance on this chapter or any administrative decision lawfully
made thereunder.
B.
Establishment of zoning districts.
1.
Description of districts.
(a)
Basis of districts. The various Floodplain Districts shall include
areas subject to inundation by waters of the one-hundred-year flood.
The basis for the delineation of these districts shall be the Flood
Insurance Study for the Township, prepared by the Federal Insurance
Administration dated January 16, 1981.
(1)
FW (Floodway Area). The areas identified as "floodway" in the
AE Zone in the Flood Insurance Study prepared by the FEMA.
(2)
FF (Flood-Fringe Area). The remaining portions of the one-hundred-year
floodplain in those areas identified as an AE Zone in the Flood Insurance
Study, where a floodway has been delineated.
(b)
Overlay concept.
(1)
The Floodplain Districts described above shall be overlays to
the existing underlying districts as shown on the Official Zoning
Map, and as such, the provisions for the Floodplain Districts shall
serve as a supplement to the underlying district provisions.
(2)
Where there happens to be any conflict between the provisions
or requirements of any of the Floodplain Districts and those of any
underlying district the more restrictive provisions and/or those pertaining
to the Floodplain Districts shall apply.
(3)
In the event any provision concerning a Floodplain District
is declared inapplicable as a result of any legislative or administrative
actions or judicial discretion, the basic underlying district provision
shall remain applicable.
2.
Zoning Map. The boundaries of the Floodplain Districts are established
as part of the Official Zoning Map of the Township which is declared
to be a part of this chapter and which shall be kept on file at the
Township offices.
3.
District boundary changes. The delineation of any of the Floodplain
Districts may be revised by the Board where natural or man-made changes
have occurred and/or more detailed studies conducted or undertaken
by the U. S. Army Corps of Engineers, a River Basin Commission or
other qualified agency or individual documents the notification for
such change. However prior to any such change, approval must be obtained
from the Federal Insurance Administration (FIA).
4.
Interpretation of district boundaries. Initial interpretation of
the boundaries of the Floodplain Districts shall be made by the Zoning
Officer. Should a dispute arise concerning the boundaries of any of
the districts, the Zoning Hearing Board shall make the necessary determination.
The person questioning or contesting the location of the district
boundary shall be given a reasonable opportunity to present his case
to the Board and to submit his own technical evidence if he so desires.
C.
District provisions. All uses, activities and development occurring within any Floodplain District shall be undertaken only in strict compliance with the provisions of this chapter and with all other applicable codes such as the Township Building Code, specifically including but not limited to Chapter 230, and the Township Subdivision and Land Development Chapter[1] of this Code. In addition, all such uses, activities,
and development shall be undertaken only in compliance with federal
or state law including Section 404 of the Federal Water Pollution
Control Act Amendments of 1972, 33 U.S.C. 1334. Under no circumstances
shall any use activity and/or development adversely affect the capacity
of the channels or floodway of any watercourse, drainage ditch, or
any other drainage facility or system. Prior to any proposed alteration
or relocation of any streams watercourse, etc. within the Township,
a permit shall be obtained from the Department of Environmental Resources,
Dams and Encroachment Division. Further notification of the proposal
by the Township shall be given to all affected, adjacent municipalities.
Copies of such notifications shall be forwarded to both the Federal
Insurance Administration and the Department of Community Affairs.
1.
Floodway District (FW). In the Floodway District no development shall be permitted except where any rise in flood heights caused by the proposed development will be fully offset by accompanying improvements which have been approved by all appropriate local and/or state authorities as required above. Chapter 230 of the Building Code is incorporated herein by reference.
(a)
Permitted uses. In the Floodway District the following uses
and activities are permitted provided that they are in compliance
with the provisions of the underlying district and are not prohibited
by any other chapter and provided that they do not require structures,
fill, or storage of materials and equipment:
(1)
Agricultural uses such as general farming pasture, grazing,
outdoor plant nurseries, horticulture truck farming, forestry, sod
farming and wild crop harvesting.
(2)
Public and private recreational uses and activities such as
parks, day camps, picnic grounds, golf courses, boat launching and
swimming areas, hiking and horseback riding trails, wildlife and nature
preserves, game farms, fish hatcheries, trap and skeetgame ranges,
and hunting and fishing areas.
(3)
Accessory residential uses such as yard areas gardens, play
areas, and pervious parking areas.
(4)
Accessory industrial and commercial uses such as yard areas
pervious parking and loading areas airport landing strips, etc.
(b)
Uses permitted by special exception. The following uses and
activities may be permitted by special exception, provided that they
are in compliance with the provisions of the underlying district and
are not prohibited by any other chapter:
(1)
Structures except for mobile homes accessory to the uses and
activities in § 430.07C1(b) above.
(2)
Utilities and public facilities and improvements such as railroads,
streets, bridges, transmission lines, pipelines, water and sewage
treatment plants, and other similar or related uses.
(3)
Water-related uses and activities such as marinas, docks, wharves,
piers, etc.
(4)
Extraction of sand, gravel and other materials.
(5)
Temporary uses such as circuses, carnivals and similar activities.
(6)
Storage of materials and equipment provided that they are not
buoyant, flammable or explosive, and are not subject to major damage
by flooding, or provided that such material and equipment is firmly
anchored to prevent flotation or movement, and/or can be readily removed
from the area within the time available after flood warning.
(7)
Other similar uses and activities provided they cause no increase
in flood heights and/or velocities. All uses activities, and structural
developments, shall be undertaken in strict compliance with the floodproofing
provisions contained in all other applicable codes.
2.
Flood Fringe District (FF). In the Flood Fringe District the redevelopment and/or use of land shall be permitted in accordance with the regulations of the underlying district provided that all such uses, activities, and/or development shall be undertaken in strict compliance with the floodproofing and related provisions contained in all other applicable codes. Chapter 230 of the Building Code is incorporated herein by reference.[2]
D.
Special exceptions and variances — additional factors to be
considered. In passing upon applications for special exceptions and
variances the Zoning Hearing Board shall consider all relevant factors
and procedures specified in other sections of the Zoning Chapter and
the following:
1.
The danger to life and property due to increased flood heights or
velocities caused by encroachments. No special exception or variance
shall be granted for any proposed use, development, or activity that
will cause any increase in flood levels in the Floodway District.
2.
The danger that materials may be swept on to other lands or downstream
to the injury of others.
3.
The proposed water supply and sanitation systems and the ability
of these systems to prevent disease, contamination and unsanitary
conditions.
4.
The susceptibility of the proposed facility and its contents to flood
damage and the effect of such damage on the individual owners.
5.
The importance of the services provided by the proposed facility
to the community.
6.
The requirements of the facility for a waterfront location.
7.
The availability of alternative locations not subject to flooding
for the proposed use.
8.
The compatibility of the proposed use with existing development and
development anticipated in the foreseeable future.
9.
The relationship of the proposed use to the Comprehensive Plan and
floodplain management program for the area.
10.
The safety of access to the property in times of flood for ordinary
and emergency vehicles.
11.
The expected heights, velocities, duration, rate of rise, and sediment
transport of the flood waters expected at the site. The Zoning Hearing
Board may refer any application and accompanying documentation pertaining
to any request for a special exception or variance to any engineer
or other qualified person or agency for technical assistance in evaluating
the proposed project in relation to flood heights and velocities,
and the adequacy of the plans for protect on and other related matters.
Special exceptions and/or variances shall only be issued after the
Zoning Hearing Board has determined that the granting of such will
not result in (i) unacceptable or prohibited increases in flood heights,
(ii) additional threats to public safety, (iii) extraordinary public
expense, (iv) create nuisances, (v) cause fraud or victimization of
the public, or (vi) conflict with local laws or codes.
E.
Administration. A zoning permit shall be required for all construction
and development which includes but is not limited to paving, filling,
grading, excavation, mining, dredging or drilling operations, etc.
F.
DEVELOPMENT
FLOOD
FLOODPLAIN
FLOODPLAIN DISTRICTS
ONE-HUNDRED-YEAR FLOOD
Definitions.
Any man-made change to improved or unimproved real estate
including but not limited to buildings or other structures, the placement
of mobile homes, streets, and other paving, utilities, filling, grading,
excavation, mining, dredging or drilling operations and the subdivision
of land.
A temporary inundation of normally dry land areas.
(i) A relatively flat or low land area adjoining a river,
stream, or watercourse which is subject to partial or complete inundation;
(ii) an area subject to the unusual and rapid accumulation or runoff
of surface waters from any source.
Those Floodplain Districts specifically designated in the
Township Zoning Chapter as being inundated primarily by the one-hundred-year
flood. Included would be areas identified as Floodway District (FW)
and Flood Fringe District (FF).
A flood that, on the average, is likely to occur once every
100 years i.e., that has a one-percent chance of occurring each year,
although the flood may occur in any year.
[Added 3-15-2011 by Ord. No. 534]
A.
Purpose. The purpose of this section is to provide for the health,
safety and welfare of the residents of Crescent Township, through
zoning and floodplain management provisions, for the reasonable development
of land for oil and gas drilling while providing adequate health,
safety and general welfare protections of the Township's residents.
Oil and gas exploration, drilling and extraction operations involve
activities that are economically important and will impact the Township.
Accordingly, it is necessary and appropriate to adopt reasonable requirements
for oil and gas resource development so that these resources can be
obtained in a manner that is economically remunerative, and that minimizes
the potential impact on the residents of the Township.
B.
APPLICANT
BUILDING
COLLECTOR STREET
DEPARTMENT
DERRICK
DRILLING PAD
FRACKING
LOCAL STREET
OIL AND GAS
OIL AND GAS DEVELOPMENT or DEVELOPMENT
OIL OR GAS WELL
OIL OR GAS WELL SITE
OPERATOR
OWNER
NATURAL GAS COMPRESSOR STATION
NATURAL GAS PROCESSING PLANT
STORAGE WELL
TOWNSHIP
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Any person, owner, operator, partnership, company, corporation
and its subcontractors and agents who have an interest in real estate
for the purpose of exploring or drilling for, producing, or transporting
oil or gas.
An occupied structure with walls and roof within which persons
live or customarily work. The term shall not include a barn, shed
or other storage building.
A public street or road which, in addition to providing access
to abutting lots, intersects local streets and provides a route for
carrying considerable volumes of local traffic to community facilities
and arterial streets.
The Department of Environmental Protection of the Commonwealth
of Pennsylvania.
Any portable framework, tower mast and/or structure which
is required or used in connection with drilling or reworking a well
for the production of oil or gas.
The area of surface operations surrounding the surface location
of a well or wells. Such area shall not include an access road to
the drilling pad.
The process of injecting water, customized fluids, sand,
steam, or gas into a gas well under pressure to improve gas recovery.
A public street or road designed to provide access to abutting
lots and to discourage through traffic.
Crude oil, natural gas, methane gas, coal bed methane gas,
propane, butane and/or any other constituents or similar substances
that are produced by drilling an oil or gas well.
The well site preparation, construction, drilling, redrilling,
hydraulic fracturing, and/or site restoration, reclamation and other
activities associated with an oil or gas well of any depth; water
and other fluid storage, impoundment and transportation used for such
activities; the installation and use of all associated equipment,
including tanks, meters, and other equipment and structures, whether
permanent or temporary; the site preparation, construction, installation,
maintenance and repair of oil and gas pipelines and associated equipment
and other equipment and activities associated with the exploration
for, production and transportation of oil and gas. This definition
does not include natural gas compressor stations and natural gas processing
plants or facilities performing the equivalent functions.
A pierced or bored hole drilled or being drilled in the ground
for the purpose of, or to be used for, producing, extracting or injecting
gas, oil, petroleum or another liquid related to oil or gas production
or storage, including brine disposal.
The location of facilities, structures, materials and equipment,
whether temporary or permanent, necessary for or incidental to the
preparation, construction, drilling, production or operation of an
oil or gas well. This definition also includes exploratory wells.
The person designated as the well operator on the permit
application or well registration.
A person who owns, manages, leases, controls or possesses
an oil or gas well.
A facility designed and constructed to compress natural gas
that originates from a gas well or collection of such wells operating
as a midstream facility for delivery of gas to a transmission pipeline,
distribution pipeline, natural gas processing plant or underground
storage field, including one or more natural gas compressors, associated
buildings, pipes, valves, tanks and other equipment.
A facility designed and constructed to remove materials such
as ethane, propane, butane, and other constituents or similar substances
from natural gas to allow such natural gas to be of such quality as
is required or appropriate for transmission or distribution to commercial
markets but not including facilities or equipment that are designed
and constructed primarily to remove water, water vapor, oil or naturally
occurring liquids from the natural gas.
A well used for and in connection with the underground storage
of natural gas, including injection into or withdrawal from an underground
storage reservoir for monitoring or observation of reservoir pressure.
The Township of Crescent.
C.
Zoning classifications. Subject to the provisions of this section:
1.
An oil or gas well site, or a natural gas compressor station, or
a natural gas processing plant, or any similar facilities performing
the equivalent functions shall be considered a conditional use within
the ________ Zoning District on property that is a minimum of 10 acres
in size.
D.
Applicability.
1.
This section applies to all oil and gas well sites, natural gas compressor
stations, and natural gas processing plants that will be permitted
or constructed after the effective date of the section.
2.
Oil and gas well sites, natural gas compressor stations, and natural
gas processing plants that were permitted or constructed prior to
the adoption of this section shall not be required to meet the requirements
of this section, provided that any modification to an existing or
permitted oil or gas well site that occurs after the effective date
of this section and materially alters the size, type, location, number
of wells and other accessory equipment or structures, or any physical
modifications to an existing natural gas compressor station or natural
gas processing plant shall require compliance with and a permit under
this section.
3.
Federal or state law or regulation preempts ordinance requirements
that conflict with federal or state statute or regulation. The Township
acknowledges that it is preempted from regulating the operational
methods of the oil and gas industry and may only regulate land uses.
E.
Permit requirement.
1.
No oil or gas well site, natural gas compressor station, or natural
gas processing plant or an addition to an existing oil or gas well
site, natural gas compressor station, or natural gas processing plant
shall be constructed or located within Crescent Township unless a
permit has been issued by the Township to the owner or operator approving
the construction or preparation of the site for oil or gas development
or construction of natural gas compressor stations or natural gas
processing plants.
2.
The permit application or amended permit application shall be accompanied
by a fee as established by resolution.
3.
Any modification to an existing and permitted oil or gas well site
that materially alters the size, location, number of wells or accessory
equipment or structures, or any modification to an existing natural
gas compressor station or natural gas processing plant shall require
a modification of the permit under this section. Like-kind replacements
shall not require a permit modification.
4.
If development and/or drilling have not been commenced within one
year after the approval of this permit application, the permit is
automatically rescinded. An extension may be granted by the Township
Commissioners for a maximum of one year upon written request by the
applicant, prior to the expiration of the original one-year period,
subject to the finding that the plan is still in compliance with all
standards.
F.
Preapplication conferences.
1.
Purpose. Before submitting an application, the applicant is strongly
encouraged to meet with the Township staff to determine the requirements
of and the procedural steps and timing of the application. The intent
of this process is for the applicant to obtain necessary information
and guidance form the Township staff before entering into any commitments
or incurring substantial expenses with regard to the site and plan
preparation.
2.
Process. A preapplication conference shall not be deemed the beginning
of the time period for review as prescribed by law. The preapplication
conferences are intended for the benefit of the applicant in order
to address the required permit submittals and are advisory only, and
shall not bind the Township to approve any application for a permit
or to act within any time limit relative to the date of such conference.
G.
Permit application.
1.
The applicant shall provide to the Township at the time of permit
application:
(a)
A narrative describing an overview of the project, including
the number of acres to be involved, the number of wells to be drilled,
and the location, and number and description of equipment and structures
to the extent known.
(b)
A narrative describing an overview of the project as it relates
to natural gas compressor stations or natural gas processing plants.
(c)
The address of the oil or gas well site, natural gas compressor
station or natural gas processing plant as determined by the Township
or county for the purpose of informing emergency responders.
(d)
The contact information of the individual or individuals responsible
for the operation and activities at the oil or gas well site shall
be provided to the Township and all emergency responders. Such information
shall include a phone number where such individual or individuals
can be contacted 24 hours per day, 365 days a year. Annually, or upon
any change of relevant circumstances, the applicant shall update such
information and provide it to the Township and all emergency providers.
(e)
A location map of the oil or gas well site showing the approximate
location of derricks, drilling rigs, equipment and structures and
all permanent improvements to the site and any post-construction surface
disturbance in relation to natural and other surroundings. Included
in this map shall be an area within the development site for the location
and parking of vehicles and equipment used in the transportation of
personnel and/or development and use of the site. Such location shall
be configured to allow the normal flow of traffic on public streets
to be undisturbed.
(f)
A location map of the natural gas compressor station or natural
gas processing plant, including any equipment and structures, and
all permanent improvements to the site.
(g)
A certification or evidence satisfactory to the municipality
that, prior to the commencement of any activity at the oil or gas
well site, the applicant shall have accepted and complied with any
applicable bonding and permitting requirements.
(h)
A description of, and commitment to maintain, safeguards that shall be taken by the applicant to ensure that Township streets utilized by the applicant shall remain free of dirt, mud and debris resulting from site development activities; and the applicant's assurance that such streets will be promptly swept or cleaned if dirt, mud and debris occur as a result of applicant's usage that meets the requirements of Subsection N of this section.
(i)
Verification that a copy of the operation's preparedness,
prevention and contingency plan has been provided to the Township
and all emergency responders.
(j)
A statement that the applicant, upon changes occurring to the
operation's preparedness, prevention and contingency plan as
defined in the Department's Guidelines for the Development and
Implementation of Environmental Emergency Response Plan or the most
recent applicable guideline, will provide to the Township and all
emergency responders a revised copy, marked with the revision date,
of the preparedness, prevention and contingency plan while drilling
activities are taking place at the oil or gas well site.
(k)
Assurance that, at least 30 days prior to drilling, the applicant
shall provide an appropriate site orientation and training course
of the preparedness, prevention and contingency plan for all emergency
responders. The cost and expense of the orientation and training shall
be the sole responsibility of the applicant. The applicant shall not
be required to hold more than one site orientation and training course
annually under this section.
(l)
A copy of the documents submitted to the DEP and a community and environmental impact analysis meeting the requirements set forth in Subsection H of this section.
(m)
A copy of all permits and plans from appropriate regulatory
agencies or authorities issued in accordance with environmental requirements.
(n)
A copy of all permits and plans from the appropriate regulatory
agencies or authorities issued in accordance with applicable laws
and regulations for the proposed use.
(o)
A traffic impact study and roadway maintenance and repair agreement meeting the requirements set forth in Subsection K of this section.
(p)
Assurance that, before drilling, information shall be provided to residents per the requirements in Subsection J of this section.
(q)
Certification that a private fresh water well testing will be completed in compliance with Subsection L of this section.
(r)
A water withdrawal plan identifying the source of the water,
how many gallons will be used and withdrawn each day, the origination
of the water, proposed truck routes, and all permits issued by the
commonwealth or any other governmental body. The site for the treatment
and disposal of the water shall also be identified.
2.
Within 15 business days after receipt of a permit application and
the required fee, the Township will determine whether the application
is complete and adequate and advise the applicant accordingly.
3.
If the application is complete and fulfills the requirements of this
section, the Township shall issue or deny a permit within 60 days
following the date the complete application was submitted.
4.
If the application is incomplete and/or inadequate, the municipality
will notify the applicant of the missing or inadequate material and,
upon receiving said material, issue or deny the permit within 60 days
following receipt.
H.
Community and environmental impact analysis.
1.
An environmental impact analysis statement shall be submitted to
the Township prior to approval of any application and shall be drafted
by an independent environmental engineering consultant whose credentials
are acceptable to the Township and whose fee is paid by the applicant.
The purpose of the statement is to determine the impact of the project
on the environment of the existing site and the resultant changes
the proposal will have on the immediate site and surrounding area.
This information will allow the Township to make more informed decisions
relating to the proposed action. At a minimum, the statement shall
provide the following information:
(a)
A description of the proposed development, its purpose, a schedule
of construction and length of operation and its interrelationship
with other oil and gas developments within the Township. This information
and technical data must be sufficient to allow a thorough assessment
of the proposed development or related operation's environmental
impact.
(b)
A comprehensive description of baseline environmental conditions
identified before any activities associated with the development.
(c)
A description of the environmental impacts of the proposed development
both during and after complete build out of the proposed development.
This description should focus both on the environmental details most
likely to be affected by the development proposal and on the broader
regional aspects of the environmental impacts, including ecological
interrelationships. These impacts shall be defined as direct or indirect
changes in the existing environment, and as either beneficial or detrimental.
Whenever possible, these impacts should be quantified. This discussion
should include the impact not only upon the natural environment but
upon land use as well.
(d)
Separate discussion for such potential impacts as man-caused
accidents and natural catastrophes and their probabilities and risks
with supporting statistics developed by an analysis of similar development
or related operations in similar locations.
(e)
A discussion of measures which are required to or may enhance,
protect, or mitigate impacts upon the environment, including any associated
research or monitoring. Include sufficient documentation and supporting
material to demonstrate that the proposed measures will function as
expected.
(f)
A discussion of the unavoidable adverse impacts described in
Subsection H1(c) and (d), both the short-term impacts (i.e., those
occurring during build out of the development and the oil or gas well
site), long-term impacts, and cumulative impacts to the environment.
Particular attention should be paid to the development's relationship
to trends of similar developments (i.e., cumulative noise degradation
posed by similar developments).
(g)
Hydrologic analysis and information, including but not limited
to, a description, inventory, analysis, and evaluation of the existing
groundwater conditions. This analysis must be focused in terms of
both surface water and groundwater quality and quantity, a discussion
of likely and possible changes to these resources, and a discussion
of measures to reduce or mitigate the identified impacts. Included
here should be a mention of those Township residents located within
2,000 feet of the proposed development who depend on well water.
2.
The express standards and conditions referenced herein shall also be addressed and submitted with the applicant's application. An escrow account for the review by professional consultants shall be established by the applicant in the amount of $25,000. The escrow account shall be immediately replenished in full by the applicant if the balance of the account reaches $10,000. The escrow account shall be maintained following final approval of the application to provide for inspections in accordance with Subsection I herein.
I.
Professional consultants.
1.
The Township may from time to time employ a professional consultant
or consultants. The function of the consultant(s) shall be to advise,
counsel, represent and/or aid the Township in ensuring compliance
with this section and any other applicable Township codes on such
matters relating to the oil and gas development within the Township.
2.
During well site development, drilling/fracking operations, and completion/reclamation
activities, the Township may require the services of an on-site inspector
with proven background and experience in oil and gas development whose
role will include and not be limited to the following:
(a)
Review of all applications for oil and gas developments.
(b)
Inspection of site during key phases of development.
(c)
Inspection of site upon receipt of a complaint.
(d)
Communication with appropriate Township personnel if the inspector
believes the operator is violating a Township code not addressed in
this section.
(e)
Authority to request and receive any records, logs, and reports
relating to the status or condition of the approved development necessary
to establish and determine compliance with this section and the permit
approval.
(f)
In the event a professional consultant is employed for the purpose
of advising, counseling, or representing the Township relative to
ensuring compliance with this section and the terms of the permit,
or relative to an operator's or owner's particular set of
circumstances, case or request relating to this section, then the
cost for such services of the professional consultant shall be assessed
against and paid for by such operation in addition to any fees or
charges assess pursuant to this section.
J.
Information provided to residents. Prior to drilling an oil and gas
well or multiple oil and gas wells at a location, but no later that
two weeks prior, the operator shall provide the following information
to each resident within 1,000 feet of the planned surface location
of the well(s):
1.
A copy of the well survey plat showing the location(s) of the planned
well(s).
2.
A general description of the planned operations at the planned well(s)
and associated equipment used in the development of the well(s).
3.
The contact information for the operator.
4.
The availability of the operator to hold a meeting with such resident
to present the operator's plans for the well(s) and to allow
for questions and answers. The meeting(s) shall be held prior to well
site construction.
K.
Road use and drill site access.
1.
The operator shall provide a traffic impact study or description
of the plan for transportation and delivery of equipment, machinery,
water, chemicals, products, materials, waste products and other items
that may be utilized or produced in the siting, drilling, stimulating,
completion, alteration and operation of the development.
(a)
Such description shall include the following.
(1)
A map showing the planned vehicular access route to the development,
indicating all private access roads, all state, county, and local
roads, bridges, and other transportation infrastructure that may be
used, and the type, weight, number of trucks, and delivery schedule
necessary to support each phase of the development.
(2)
A list of all trucking contractors or employees of the operator
who will travel to and from the development site with evidence of
required registrations, licenses, and insurance coverage.
(b)
The proposed routes must be designed to ensure adequate capacity
for existing and projected traffic volumes, allow for efficient movement
of traffic, including appropriate turning radii and transition grade,
and minimize hazards to users of public roads as well as adjacent
property and human activity.
(c)
Whenever possible, a development site should have vehicle access
from a collector street.
(d)
Use of streets serving exclusively residential neighborhoods
is prohibited.
(e)
The Township reserves the right to designate alternate routes
in the event the applicant's proposed routes are deemed inadequate,
unsafe, or overly disruptive to normal vehicular traffic by the Township
Engineer.
(f)
The Township also reserves the right to reduce speed limits
on areas of roads especially dangerous for trucks hauling hazardous
materials.
2.
The operator of the development shall execute a roadway maintenance
and repair agreement with the Township and post a bond at the paved
highway rate in favor of the Township and in a form acceptable to
the Township prior to beginning any work on a drill site.
3.
The roadway maintenance and repair agreement shall require the owner
or operator to conduct an inventory, analysis, and evaluation of existing
conditions on Township roads along the proposed transportation route,
include photography, video and core boring as determined to be necessary
by the Township Engineer. The roadway maintenance and repair agreement
will identify the responsibilities of the operator to prepare, maintain,
and repair Township roads before, during, and immediately after drilling
operations associated with the oil and gas development. The operator
shall take all necessary corrective action and measures as directed
by the Township pursuant to the agreement.
4.
Beginning with its intersection with a public street, any access
road for the development site shall be improved with limestone or
other material for 200 feet and be provided with French drains or
other necessary improvements, such that no water, sediment, or debris
will be carried onto any public street. If any substantial amount
of mud, dirt, or other debris is carried on to public or private rights-of-way
from the development site, the operator shall immediately clean the
roads and implement a remedial plan as directed by the Township to
keep the roads continuously clean.
5.
All-weather access roads suitable to handle emergency equipment,
shall be provided to within 50 feet of any structure, improvement
or activity area.
6.
The operator shall take necessary safeguards to ensure that appropriate
dust control measures are in place.
7.
All applicable permits or approvals must be obtained, including access
or driveway permits to commonwealth, county or Township roads, construction
permits within state, county or Township roads, and permits for overweight
or oversize loads. Access directly to state roads shall require a
PennDOT highway occupancy permit for overweight vehicles. The Township
shall be provided a copy of this and all other applicable permits
or approvals.
8.
Any off-street area within the development site for vehicles to stand
while gaining access to and from the development site shall be provided
so that the normal flow of traffic on the public street is undisturbed.
Ingress and egress points for all public and private driveways or
roadways shall be located and improved in order to meet Pennsylvania
Code 67 Chapter 441, Access to and Occupancy of Highways
by Driveway and Local Roads, PennDOT Design Manual 2.
9.
The operator shall take all necessary precautions to ensure the safety
of persons in areas established for road crossing and/or adjacent
to roadways (for example, persons waiting for public or school transportation).
Where necessary and permitted, during periods of anticipated heavy
or frequent truck traffic associated with the development, the operator
will provide flagmen to ensure the public safety and include adequate
signs and/or other warning measures for truck traffic and vehicular
traffic.
L.
Private fresh water well testing.
1.
The operator of a well shall provide the Township with the results
of a predrilling and post-drilling water analysis and flow rate for
each existing freshwater well within 2,000 feet of the well site.
The tests shall conform to the following requirements:
(a)
Water samples must be collected and analyzed utilizing proper
sampling and laboratory protocol from an independent DEP-certified
water testing laboratory.
(b)
Well samples shall be analyzed prior to any drilling activity
to document baseline water quality data of the well.
(c)
A post-drilling sample analysis shall be submitted for water
quality testing by the operator with three months after drilling is
completed.
(d)
Parameters to be tested for include, but are not limited to,
methane, chloride, sodium, TDS, pH, arsenic, barium and strontium,
and a subgroup of the volatile organic chemicals (VOCs) called BTEX
(benzene, toluene, etc.)
2.
If it is found that a fresh water well is no longer in use and without
possibility of future use or if the fresh water well owner objects
to having the well water tested, the owner of the fresh water well
may waive the right to have the operator test the water. In such instance
the owner must execute an agreement releasing and holding harmless
the Township, its officers and its employees from any damages.
3.
If the results of the predrilling and post-drilling sample analyses
indicate well water contamination, the owner of the well should file
a complaint with the regional DEP, Bureau of Oil and Gas office.
M.
Design and installation.
2.
Structure height.
(a)
Permanent structures associated with an oil and gas site, both
principal and accessory, shall comply with the height regulations
for the zoning district in which the oil or gas well site is located.
(b)
Permanent structures associated with natural gas compressor
stations or natural gas processing plants shall comply with the height
regulations for the zoning district in which the natural gas compressor
station or natural gas processing plant is located.
(c)
There shall be an exemption to the height restrictions contained
in this section for the temporary placement of drilling rigs, drying
tanks, and other accessory uses necessary for the actual drilling
or redrilling of an oil or gas well.
(1)
The duration of such exemption shall not exceed the actual time
period of drilling or redrilling of an oil or gas well.
(2)
The time period of such drilling and exemption shall not exceed
six months.
(3)
The operator shall give the Township prior written notice of
the beginning date for its exercise of the exemption.
3.
Setbacks.
(a)
Drilling rigs shall be located a minimum setback distance of
1.5 times their height from any property line, public or private street,
or building not related to the drilling operations on either the same
lot or an adjacent lot.
(b)
The drilling pad for the oil or gas well site shall comply with
all setback and buffer requirements of the zoning district in which
the oil or gas well site is located.
(c)
Natural gas compressor stations or natural gas processing plants
shall comply with all setback and buffer requirements of the zoning
district in which the natural gas compressor station or natural gas
processing plant is located.
(d)
Exemption from the standards established in this subsection
may be granted by the Township upon a showing by the operator that
it is not feasible to meet the setback requirements from surface tract
property lines and that adequate safeguards have been or will be provided
to justify the exemption.
(e)
Drilling pads, natural gas compressor stations or natural gas
processing plants shall be set back 200 feet from buildings or sites
registered or eligible for registration on the National Register of
Historic Places or the Pennsylvania Register of Historic Places.
4.
Screening and fencing.
(a)
Security fencing shall not be required at oil or gas well sites
during the initial drilling, or redrilling operations, as long as
manned twenty-four-hour, on-site supervision and security are provided.
(b)
Upon completion of drilling or redrilling, security fencing
consisting of a permanent chain-link fence shall be promptly installed
at the oil or gas well site to secure well heads, storage tanks, separation
facilities, water or liquid impoundment areas, and other mechanical
and production equipment and structures on the oil or gas well site.
(c)
Security fencing shall be at least six feet in height equipped
with lockable gates at every access point and have openings no less
than 12 feet wide.
(d)
Emergency responders shall be given means to access all oil
or gas well sites in case of an emergency.
(e)
Warning signs shall be placed on the fencing surrounding the
oil or gas well site providing notice of the potential dangers and
the contact information in case of an emergency.
(f)
In construction of oil or gas well sites the natural surroundings
should be considered and attempts made to preserve existing trees
and other native vegetation.
5.
Lighting.
(a)
Lighting at the oil or gas well site, or other facilities associated
with oil and gas drilling development, either temporary or permanent,
shall be directed downward and inward toward the activity, to the
extent practicable, so as to minimize the glare on public roads and
nearby buildings within 100 feet of the oil or gas well development.
(b)
Lighting at the oil or gas well site or other facilities associated
with oil and gas drilling shall at no time exceed 0.1 footcandle,
measured at any property line.
(c)
Lighting at a natural gas compressor station or a natural gas
processing plant shall, when practicable, be limited to security lighting.
6.
Noise.
(a)
The applicant shall take the following steps to minimize, to
the extent possible, noise resulting from the oil or gas well development.
(b)
Prior to drilling of an oil or gas well or the operation of
a natural gas compressor station or a natural gas processing plant,
the applicant shall establish, by generally accepted testing procedures,
the continuous seventy-two-hour ambient noise level at the nearest
property line of a residence or public building, school, medical,
emergency or other public facility, or 100 feet from the nearest residence
or public building, medical, emergency or other public facility, whichever
point is closer to the affected residence or public building, school,
medical, emergency or other public facility. In lieu of the establishment
of the ambient noise level established by the continuous seventy-two-hour
test, the applicant may assume and use, for the purpose of compliance
with this section, a default ambient noise level of 55 dBA. The sound
level meter used in conducting any evaluation shall meet the American
National Standard Institute's standard for sound meters or an
instrument and the associated recording and analyzing equipment which
will provide equivalent data.
(c)
The applicant shall provide the Township documentation of the
established ambient noise level prior to starting oil or gas drilling
and/or production operations.
(d)
The noise generated during the oil and gas operations or the
natural gas compressor station or the natural gas processing plant
shall not exceed the average ambient noise level established in Subsection
M6(b) by more than:
(1)
Five decibels during drilling activities;
(2)
Ten decibels during hydraulic fracturing operations;
(3)
Five decibels for a gas compressor station or a natural gas
processing plant: the allowable increase in Subsection M6(d)(3) shall
not exceed the average ambient noise level for more than 10 minutes
within any one-hour period.
(e)
Effective sound-mitigation devices shall be installed in permanent
facilities to address sound levels that would otherwise exceed the
noise level standards when located near a residence, public building,
school, medical, emergency or other public facilities.
(f)
Exemption from the standards established in this subsection
may be granted by the Township during the drilling stage or at the
oil or gas well site, or the gas compressor station, or at the natural
gas processing plant for good cause shown and upon written agreement
between the applicant and the Township.
(g)
Complaints received by the Township shall be addressed by the
applicant, within 24 hours following receipt of notification by continuously
monitoring for a period of 48 hours at the nearest property line to
the complainant's residential or public building or 100 feet
from the complainant's residential or public building, school,
medical, emergency or other public facilities, whichever is closer.
The applicant shall report the findings to the Township and shall
mitigate the problem to the allowable level if the noise level exceeds
the allowable rate.
(h)
Natural gas compressor stations and natural gas processing plants
or facilities performing the equivalent functions shall be constructed
so as to mitigate sound levels, or have installed mitigation devices
to mitigate sound levels that would otherwise exceed the ambient noise
level standards at residential or public buildings, medical, emergency
or other public facilities.
7.
Hours of operation. Except for emergency operations or initial drilling
and hydraulic fracturing operations, hours of operation at a oil or
gas well site, or other facilities associated with oil and gas drilling
development, are limited to Monday through Friday, 7:00 a.m. to 7:00
p.m. and not permitted on weekends or legal holidays.
8.
Reclamation/restoration of all disturbed areas.
(a)
Reclamation shall be initiated as soon as weather and ground
conditions permit after abandonment of the well or installation of
production equipment, and reclamation shall be completed no more than
nine months after this point.
(b)
Reclamation shall be carried out on all disturbed areas and
achieve the following objectives:
(1)
Final soil profiles shall be designed to equal or reduce soil erosion
potentials over stable preoperation conditions, and final land forms
shall be stable.
(2)
The preexisting visual character of site shall be restored or enhanced
through planting of local or adaptive vegetation. Invasive species
shall not be considered acceptable.
(3)
Disturbance of soil cover shall be minimized.
9.
Prohibitions.
(a)
No drilling shall be allowed in the floodway designated as such
in the Flood Insurance Study (FIS) and shown on the Federal Emergency
Management Agency (FEMA) maps.
(b)
Oil and gas drilling in the one-hundred-year floodplain is discouraged
but may be permitted by the Township in its discretion if the following
provisions are met.
(1)
If no other area provides access to the oil or gas deposit,
then oil and gas drilling may be permitted in the floodplain. The
applicant must provide conclusive documentation that no other location
allows access to the oil or gas deposit other then a location within
the floodplain.
(2)
An adequate emergency evacuation plan shall have been produced
by the applicant and filed with the Township.
(3)
No storage of chemicals shall be permitted within the floodplain.
An exemption from this requirement may be granted by the Township
if the applicant can show that such storage will not potentially cause
any harm to property, persons or the environment in the case of a
one-hundred-year flood, and further provides security to the Township
assuring the applicant's ability to remedy any damage or injury
that may occur.
(4)
Only necessary and needed structures will be permitted within
the floodplain.
(5)
All structures within the flood zone shall be designed to withstand
a one-hundred-year storm event.
(6)
An engineer registered in Pennsylvania and qualified to present
such documentation that structures will not cause additional flooding
on adjacent, upstream and/or downstream properties shall provide such
documentation to the Township.
N.
Bond, insurance, and indemnity.
1.
The applicant shall submit to the Township a performance bond in
the amount of $250,000 from a surety authorized to do business in
the state. The performance bond shall be valid for a period of two
years from the date that the permit is issued. The bond shall provide,
but not be limited to, the following condition: there shall be recoverable
by the Township, jointly and severally from the principal and surety
any and all damages, loss or costs suffered by the Township in connection
with the applicant's geophysical operations within the Township.
The bond shall contain the following endorsement: "It is hereby understood
and agreed that this bond may not be canceled by the surety company
until sixty (60) days after receipt by the Township, by registered
mail or written notice, of such intent to cancel or not to renew."
The rights reserved to the Township with respect to the bond are in
addition to all other rights of the Township, and no action, proceeding
or exercise of a right with respect to such bond shall affect any
other rights of the Township.
2.
Prior to conducting any operations hereunder, the applicant and/or
its contractors shall furnish a certificate of insurance to the Township
showing the Township as an additional insured with respect to operations
conducted within the Township and showing liability insurance covering
commercial, personal injury, and general liability in amounts not
less than $1,000,000 per person, $3,000,000 per occurrence, and $1,000,000
for property damage.
3.
The applicant shall protect, indemnify, defend and hold the Township,
its officers, employees, agents, and representatives harmless from
and against all claims, demands, and causes of action of every kind
and character for injury to, or death of, any person or persons, damages,
liabilities, losses, and/or expenses, occurring or in any way incident
to, arising out of, or in connection with its or its contractors',
agents', or representatives' operations under this permit,
including attorney's fees, and any other costs and expenses incurred
by the Township in defending against any such claims, demands, and
causes of action. Within 30 days of receipt of same, the applicant
shall notify the Township, in writing, of each claim for injuries
to, or death of persons or damages or losses to property occurring
or in any way incident to arising out of, or in connection with its
or its contractors', agents', or representatives' operations
conducted under this permit. At the Township's discretion, the
Township may conduct an independent investigation, monitor, and review
of the processing of any such claim to ensure that such claim is handled
as required herein.
4.
Any permit granted hereunder may be revoked upon breach of any term
or condition contained herein.
5.
Notwithstanding anything contained herein to the contrary, any permit
granted hereunder shall not be effective unless and until a copy of
the permit, signed by an authorized officer of the applicant, the
performance bond, and the certificates of insurance have been filed
with the Township Secretary.
O.
Penalities. Any owner, operator, or other person who violates or
permits a violation of this section, upon being found liable therefor
in a civil enforcement proceeding before a Magisterial District Judge,
shall pay to the Township a fine of not more than $500, plus all court
costs, including, but not limited to, reasonable attorney's fees
incurred by the Township on account of such violation. No penalty
or cost shall be imposed until the date the determination of the violation
by the Magisterial District Judge becomes final. If the defendant
neither pays nor timely appeals the judgment, the Township may enforce
the judgment as provided by law. Each day a violation exists after
final judgment shall constitute a separate offense. The amount of
the fine imposed shall be multiplied by the number of such days and
may be charged and collected as a judgment by the Township without
further judicial proceedings. Further, the appropriate officers or
agents of the Township are hereby authorized, to issue a cease and
desist notice and/or to seek equitable relief, including injunction,
to enforce compliance herewith. No bond shall be required of the Township
if the Township seeks injunctive relief.
