A.
The Council shall have the power to decide applications
for conditional uses that may be specified by this chapter. In considering
such application, the Council shall give due regard to:
(1)
Health, safety and general welfare of the public;
(2)
The nature and conditions of all affected and/or adjacent
uses and structures;
(3)
The recommendation of the Planning Commission;
(4)
The recommendation of the Environmental Advisory Council;
and
(5)
The recommendation of the Parks and Recreation Board.
B.
Council may impose such requirements and conditions
as the Council may deem necessary for the protection of affected and/or
adjacent properties and the public interest.
A.
Applications for conditional use approval shall be
filed with the Planning Commission on such forms as it may require
for its recommendations and reference to the Council for decision.
C.
The application filed with the Planning Commission
shall be accompanied by all documents as may be required in this article.
D.
The Planning Commission shall hold a public hearing
and give notice thereof and at least 10 days’ notice to parties
of interest.
[Amended 11-3-2010 by Ord. No. 816-10]
E.
The Planning Commission shall submit its recommendation
to the Council within 10 days of the public meeting, whereupon the
Council shall hold a public hearing within 45 days from the date of
application and at least 10 days' notice to parties of interest. Upon
the day for hearing, the Council may adjourn the hearing to obtain
additional information or to notify other property owners who may
be substantially interested in said application. In the case of an
adjourned hearing, notice will be given as previously. The Council
shall certify its decision to the applicant within 45 days of the
date of its last public hearing on the application.
The following basic standards shall apply to
all conditional uses in any district.
A.
The location and size of the use, the nature and intensity
of the operations involved in or conducted in connection with it,
its site layout and its relation to streets giving access to it shall
be such that both pedestrian and vehicular traffic to and from the
use and the assembly of persons in connection with it will not be
hazardous or inconvenient to the predominant character of the district
or be incongruous therewith or conflict with the normal traffic on
the streets thereof, both at the time and as the same may be expected
to increase with any prospective increase in the population and area
development, taking into account, among other things, convenient routes
of pedestrian traffic, particularly of children; relation to main
traffic thoroughfares and to street intersections; turning movements
in relation to vehicular flow; and the general character and intensity
of development of the district.
B.
The location and height of buildings; the location,
nature, and height of walls and fences; display of signs in connection
with the use; and the nature and extent of landscaping on the site
shall be such that the use will not hinder or discourage the appropriate
development and use of affected and/or adjacent land and buildings
or ground that is an integral part of the operation.
C.
The nature, location, size and site layout of the
use shall be such that it will be a harmonious part of the district
in which it is situated, taking into account, among other things,
prevailing shopping habits, convenience of access by prospective patrons,
the physical and economic relationships of one type of use to another
and characteristic groupings of uses in the district.
D.
The location, size, intensity and site layout of the
use shall be such that its operations will not be a nuisance or be
objectionable to nearby dwellings by reason of vibration, noise, fumes,
lights or pollution of any type or be hazardous to a greater degree
than is normal with respect to the proximity of other uses.
F.
In the event that conditional use requirements conflict
with any other municipal land use requirement, the more restrictive
shall apply.
In addition to the general standards and criteria for all conditional uses listed in § 220-30, above, an application for any of the following uses which are listed in any Zoning District as a conditional use or use by special exception shall comply with the applicable standards and criteria specified below for that use.
A.
Adult businesses, subject to:
(1)
No adult use shall be located within 500 feet of any
residential use or district, as measured in a straight line from the
lot lines of both the subject parcel and any residential use or district.
(2)
No adult use shall be located within 1,000 feet of
any public park or playground, school, nursery school, day-care center,
hospital, nursing home, group-care facility or church, as measured
in a straight line from the lot lines of both of the subject parcel
and any public park or playground, school or church.
(3)
No adult use shall be located within 500 feet of any
other adult use, as measured in a straight line from the lot lines
of both the subject parcel and any other adult use.
(4)
No adult use shall be located within 500 feet of an
establishment which is licensed to sell and does sell alcoholic beverages,
as measured in a straight line from the lot lines of both the subject
parcel and any residential use or district.
(5)
No adult use shall be conducted in any manner that
permits the observation of any material depicting, describing or related
to specified sexual activities or specified anatomical areas from
any public way or from any property not permitted as an adult use.
This provision shall apply to any display, decoration, sign, show
window, door or other opening.
(6)
No adult use shall be conducted in any manner that
violates any of the provisions of this chapter or any other federal,
state, county or municipal regulation.
(7)
The entire perimeter of any lot containing an adult use shall be landscaped with natural plant material in accordance with Article VI, except for parking lot entrance and exit.
(8)
For purposes of compliance with off-street parking
requirements, a minimum of one off-street parking space per 100 square
feet of gross floor area, plus one off-street parking space per employee,
shall be required.
(10)
Sign regulations applicable to all adult uses:
(a)
Maximum area for any sign shall be 24 square
feet.
(b)
No sign shall be placed in any window except
for one sign no larger than one square foot may be placed to state
hours of operation and admittance to adults only.
(c)
No sign shall be internally illuminated.
(d)
No projecting signs shall be allowed for such
uses.
(e)
No freestanding signs shall be allowed for such
uses.
(f)
No off-premises directional signs related to
any adult use shall be permitted.
(11)
If employees or patrons of an adult use promote,
solicit, allow or engage in acts of public indecency and/or prostitution
on the premises, as charged by appropriate law enforcement authorities,
then the zoning permit shall be suspended. Should said employees or
patrons be convicted or plead guilty to said charges of prostitution
as described above, then the zoning permit shall be revoked.
(12)
The applicant, any persons holding a fiduciary
interest in said use and all employees shall be subject to a criminal
records investigation by the Murrysville Police Department.
(13)
No person convicted of a criminal offense for
any sexually related offense shall be employed by such use.
(14)
No person convicted of a criminal offense for
any sexually related offense shall be granted a permit for such use.
(15)
Should such use operate as a membership club,
copies of all membership applications, bylaws, procedures, etc., shall
be submitted with the application for permit.
(16)
Such uses shall submit a community impact analysis
consisting of the following information:
(a)
Information concerning hours of operation.
(b)
Information concerning average daily customer
visits.
(c)
Information concerning the average number of
daily vehicle trips estimated to be generated by such use, with peak-hour
vehicle trip ends identified.
(d)
Information concerning the estimated amount
of tax revenue to be generated by such a use, broken down by revenue
to be paid to the Municipality of Murrysville, the County of Westmoreland
and the Franklin Regional School District.
(e)
Information concerning the estimated cost of
public services to be provided to such use, broken down by cost to
be borne by the Municipality of Murrysville, the County of Westmoreland
and the Franklin Regional School District.
(f)
Information concerning the estimated level of
emergency (police, fire, ambulance, etc.) calls on a monthly basis
generated by such use.
(g)
Information concerning all personnel employed
by the establishment. Any change in this information to any such use
shall be reported to the Municipality of Murrysville within 30 days.
(h)
Information concerning all security measures
to be instituted within the facility.
(i)
Information concerning any security measures
to be instituted on the lot or parcel.
(17)
The governing body may impose additional conditions
for approval based upon staff review and recommendation of the community
impact analysis.
(18)
The Zoning Officer shall have the right to inspect
such uses periodically to assure compliance with all conditions of
approval. Such inspections shall not be required to be scheduled in
advance.
(19)
Violation of any performance standard listed
above shall be cause for the suspension of a use and/or occupancy
permit. Within 30 days of suspension of a use or occupancy permit,
a hearing shall be conducted by the Zoning Hearing Board to determine
if the permit shall be revoked.
B.
Animal hospital, subject to:
(1)
In the B District, the minimum lot area required for
an animal hospital shall be 20,000 square feet, unless the animal
hospital is located within a planned shopping center.
(2)
Outdoor kennels or runs shall not be permitted.
(3)
In the B District, overnight boarding of animals,
other than for medical supervision, shall be permitted, if the animals
are housed overnight within a completely enclosed building.
(4)
Kennels associated with animal hospitals shall be licensed by the commonwealth and shall continue to maintain a valid license throughout their operation. Any suspension of the license shall be a violation of this chapter and shall be subject to the enforcement provisions of Article XI of this chapter.
C.
Automobile service station, subject to:
(1)
All minor repair work, vehicle washing, waxing, detailing,
lubrication and installation of parts and accessories shall be performed
within an enclosed building.
(2)
All car washing areas shall discharge into public
sanitary sewers.
(3)
All vehicle parts, dismantled vehicles and similar
materials shall be stored within an enclosed building or totally screened
from view by a solid or privacy fence.
(4)
All vehicles awaiting repair shall be stored on the
lot in an approved storage area, and in no case shall said vehicles
be stored on or obstruct access to a public right-of-way.
(5)
All fuel, oil and similar substances shall be stored
at least 25 feet from any property line.
(6)
The handling and disposal of motor oil, battery acid and any other substance regulated by federal statute and the Pennsylvania Department of Environmental Protection (PA DEP) shall be in accordance with all permits and requirements of that agency or its successor agency. Any suspension, revocation or violation of the PA DEP permits shall be a violation of this chapter and shall be subject to the enforcement provisions of Article XI of this chapter.
D.
Car wash, subject to:
(1)
All automated washing facilities shall be in a completely
enclosed building, as defined by this chapter. All other car washing
facilities shall be under a roofed structure which has at least two
walls.
(2)
Drainage water from the washing operation shall be
controlled so that it does not flow or drain onto berms, streets or
other property.
(3)
Standing spaces shall be provided in accordance with the requirements specified in § 220-56 for drive-through businesses.
(4)
The facility shall be connected to public sanitary
sewer.
(5)
Driveway entrances shall be located at least 30 feet
from the right-of-way line of the intersection of any public streets.
E.
Cemetery, subject to:
(1)
A minimum site of 10 acres is required.
(2)
A drainage plan shall be submitted with the application
for the use, showing existing and proposed runoff characteristics.
(3)
A groundwater study prepared by a hydrologist or registered
engineer qualified to perform such studies shall be submitted with
the application.
(4)
Plans for ingress/egress to the site shall be referred
to the Municipal Police Department for comments regarding public safety.
(6)
All maintenance equipment shall be properly stored
in an enclosed building when not in use.
(7)
Burial sites shall comply with the setbacks required
for principal structures in the zoning district and burial structures
shall not be located within 100 feet of any property line adjoining
residential use or Residential Zoning District classification.
F.
Churches, schools (public and private), subject to:
(1)
The minimum lot area required for a postsecondary
school shall be 10 acres. The minimum lot area required for all other
uses shall be one acre.
(2)
If a residential facility (such as a convent or monastery)
is proposed as part of a church, no more than 10 persons shall be
housed.
(3)
A dwelling (such as a manse or parsonage) may be located
on the same lot with a church, provided all requirements of this chapter
for single-family dwellings in the zoning district can be met in addition
to the minimum lot area, lot width and yard requirements applicable
to the church.
(5)
All schools shall be designed to provide convenient
access for emergency vehicles and access to all sides of the building
by fire-fighting equipment.
(6)
All outside storage shall be completely enclosed by
a six-foot hedge or solid fence.
(7)
The proposed use shall have direct access to a public
street with sufficient capacity to accommodate the traffic generated
by the proposed use.
(8)
All sites, lots, facilities, buildings, structures
and appurtenances shall have access by way of an internal street system
and shall have adequate emergency vehicle and equipment access.
G.
Commercial kennels, subject to:
(2)
Demonstrate that all animals are confined to the property.
(3)
Demonstrate adequate methods for sanitation and sewage
disposal.
(4)
Outdoor runs shall be located a minimum of 200 feet
from any dwelling not located on the same lot.
(5)
In the R-R District, outdoor runs shall be located
a minimum of 100 feet from any lot lines. There shall be no outdoor
runs authorized for commercial kennels in the B District.
(6)
Outdoor runs shall be screened to reduce the potential
for inciting dogs to bark due to external influences.
(7)
A site plan, drawn to scale, shall accompany the application,
indicating the location of existing and/or proposed parking facilities,
buildings, runs and other physical features.
H.
Concentrated animal operations, subject to:
(1)
Approval for such operations from the Pennsylvania
Department of Environmental Protection, the Nutrient Management Act
Regulations, Title 25, Chapter 83.
(2)
Such use shall not be located within 500 feet of any
property line, nor within 1,000 feet of any occupied dwelling, public
building, school, park, community or institutional building. These
setback requirements shall not apply to structures located on the
same lot as the proposed use.
(3)
The construction of solid or liquid waste facilities
shall not be permitted until such time as compliance with the Title
25, Chapter 83, regulations is demonstrated in writing.
I.
Commercial recreation, subject to:
(1)
The minimum lot area required for outdoor recreation
facilities shall be one acre. All indoor facilities shall meet the
minimum lot area required for the zoning district in which the property
is located.
(2)
The property shall have frontage on and direct vehicular
access to an arterial or collector street, as defined by this chapter.
(3)
Adequate sanitary facilities available to the public
shall be provided.
(4)
Outdoor speakers shall not be permitted if there are
dwellings within 500 feet of the property in any direction. If outdoor
speakers are allowed, the volume and direction shall be regulated
to minimize impact on adjoining properties.
(5)
Location of buildings and facilities, traffic circulation
on the property and parking areas shall be designed to provide adequate
access for emergency medical vehicles and fire-fighting equipment.
(6)
Any outdoor facility located within 200 feet of an
existing dwelling shall cease operations no later than 10:00 p.m.
(7)
Any use which includes eating or drinking facilities
shall be subject to the parking requirements for that use in addition
to the parking requirements for the recreational use.
J.
Comparable uses not specifically listed, subject to:
(1)
Uses of the same general character as any of the uses
authorized as permitted uses by right, conditional uses or uses by
special exception in the zoning district in which the property is
located shall be allowed, if the Zoning Hearing Board determines that
the impact of the proposed use on the environment and adjacent streets
and properties is equal to or less than any use specifically listed
in the zoning district. In making such determination, the Board shall
consider the following characteristics of the proposed use:
(a)
The number of employees;
(b)
The floor area of the building or gross area
of the lot devoted to the proposed use;
(c)
The type of products, materials and equipment
and/or processes involved in the proposed use;
(d)
The magnitude of walk-in trade; and
(e)
The traffic and environmental impacts and the ability of the proposed use to comply with the performance standards of Article VI of this chapter.
(f)
For those uses included in the most recent edition
of the Standard Industrial Classification Manual published by the
Office of Management and Budget, whether the proposed use shares the
same NAICS Code or Major Group number as one or more uses that are
specifically listed in the zoning district.
(2)
The proposed use shall comply with all applicable
area and bulk regulations of the zoning district in which it is located.
(3)
The proposed use shall comply with any applicable
express standards and criteria specified in this article for the most
nearly comparable use by special exception or condition use listed
in the zoning district in which the comparable use is proposed.
(4)
The proposed use shall be consistent with the purpose
statement for the zoning district in which it is proposed and shall
be consistent with the community development objectives of this chapter.
K.
Day-care center, subject to:
(1)
The facility shall be registered with or licensed
by the Commonwealth of Pennsylvania.
(2)
In the R-R and R-1 Zoning Districts, the facility
shall be permitted to be located only in a church or school.
(3)
Outdoor play areas shall be provided which shall have
a minimum area of 65 square feet per child and which shall be secured
by a fence with self-latching gate. The location of the outdoor play
area shall take into account the relationship to adjoining properties.
(5)
The general safety of the property proposed for a
day-care center, nursery school or preschool facility shall meet the
needs of small children. There shall be no potential hazards in the
outdoor play area and a safe area for dropping off and picking up
children shall be provided.
L.
Drug and/or alcohol treatment facilities, subject
to:
(1)
Such uses shall be licensed by the appropriate departments
and/or agencies of the Commonwealth of Pennsylvania. Said license
and all appropriate documentation shall be submitted with the application
for such use.
(2)
Such uses shall not be located within 500 feet of
any school, playground, residential dwelling, child-care facility
or house of worship.
(3)
Such uses shall provide one off-street parking space
for each employee, plus one off-street parking space for each 200
square feet of gross floor area dedicated to such use.
(4)
Such uses shall be conducted in a manner that does
not violate any provisions of this chapter or any other federal, state,
county or municipal statute or regulation.
(5)
The entire perimeter, except the entrance and/or exit to parking areas, of any lot containing such use shall be landscaped with natural plant material in accordance with Article IV of this chapter.
(6)
Such uses shall be set back a minimum of 50 feet from
any lot line.
(7)
One sign, a maximum of two square feet, is permitted.
(8)
Such uses shall be manned during all hours of operation
by personnel licensed by the Pennsylvania Department of Health.
(9)
Such uses shall submit a community impact analysis
consisting of the following information:
(a)
Information concerning hours of operation.
(b)
Information concerning patient treatment capacity.
(c)
Information concerning average daily patient
visits.
(d)
Information concerning the average number of
daily vehicle trips estimated to be generated by such use, with peak-hour
vehicle trip ends identified.
(e)
Information concerning any and all public transportation
connections to or from Pittsburgh and Greensburg that might serve
the facility.
(f)
Information concerning the estimated amount
of tax revenue to be generated by such a use, broken down by revenue
to paid to the Municipality of Murrysville, the County of Westmoreland
and the Franklin Regional School District.
(g)
Information concerning the estimated cost of
public services to be provided to such use, broken down by cost to
be borne by the Municipality of Murrysville, the County of Westmoreland
and the Franklin Regional School District.
(h)
Information concerning the estimated level of
emergency (police, fire, ambulance, etc.) calls on a monthly basis
generated by such use.
(i)
Information concerning all personnel licensed
by the Pennsylvania Department of Health. Any change in this information
to any such permitted use shall be reported to the Municipality of
Murrysville within 30 days.
(j)
Information concerning all security measures
to be instituted within the facility.
(k)
Information concerning any security measures
to be instituted on the lot or parcel.
(10)
Such uses shall submit a monthly report to the
Municipal Police Department identifying any patients who are receiving
treatment as a result of sentencing for conviction of any criminal
offense.
(11)
The governing body may impose additional conditions
for approval based upon staff review and recommendation of the community
impact analysis.
(12)
The Zoning Officer shall have the right to inspect
such uses periodically to assure compliance with all conditions of
approval. Such inspections shall not be required to be scheduled in
advance.
(13)
Violation of any performance standard listed
above shall be cause for the suspension of a use and/or occupancy
permit. Within 30 days of suspension of a use or occupancy permit,
a hearing shall be conducted by the Zoning Hearing Board to determine
if the permit shall be revoked.
M.
Equipment storage yard, contractor's yard, subject
to:
(1)
The minimum site required for an equipment storage
yard shall be five acres.
(2)
The site shall have frontage on and direct vehicular
access to an arterial or collector street as defined by this chapter.
(4)
No repair of vehicles or equipment shall be permitted
outside a completely enclosed structure.
(6)
Engines shall not be started or kept running before
5:30 a.m. or after 8:00 p.m. if the site is located within 500 feet
of an existing dwelling.
(7)
All lighting shall be shielded and reflected away
from streets and any adjoining residential properties.
N.
Forestry, subject to:
(1)
Forestry uses shall not adversely impact jurisdictional
wetlands, floodplains, streams and/or designated aquifer protection
areas.
(2)
Applicants for a zoning permit for forestry uses shall
be required to provide documentation that such operations will not
adversely impact plants or animals listed as rare, threatened or endangered
in the Pennsylvania Natural Diversity Index.
(3)
Applicants for a zoning permit for forestry uses shall
be required to provide documentation that such operations will not
adversely impact plants or animals deemed worthy of protection listed
in the Natural Areas Inventory for Westmoreland County.
(4)
Applicants for a zoning permit for forestry uses shall
provide copies of a forestry plan prepared by a professional forester
and reviewed and approved by the Westmoreland County Conservation
District.
O.
Funeral home and mortuaries, subject to:
(1)
The minimum lot area shall be 40,000 square feet.
(2)
The site shall have frontage on and direct vehicular
access to an arterial or collector street.
(3)
All off-street parking areas which adjoin residential
zoning classification shall be screened by a six-foot dense compact
evergreen hedge.
(4)
Traffic circulation on the lot shall be designed to
minimize congestion and provide for the lining up of vehicles on the
property without obstructing the free flow of traffic on adjoining
streets or alleys.
P.
Gas and oil extraction.
(1)
The applicant shall submit evidence that all required
materials have been submitted to the Department of Environmental Protection.
(3)
The applicant shall submit cross sections of the proposed
access where it meets municipal streets.
(4)
The applicant shall submit site distance measurements
for the access, whether proposed or existing.
(5)
The applicant shall submit a plan showing the access
route (of municipal or state roads) over which heavy equipment will
travel to the site.
(6)
The preceding items (1) through (5), along with the
required fee, shall constitute the minimum required to consider the
request for conditional use complete.
(7)
The applicant shall meet all current minimum driveway
site distance standards and shall demonstrate that the point of access
to any municipal street will not cause the erosion of mud or debris
onto said street.
(8)
The applicant shall post all necessary street bonding
as approved by the Municipal Engineer.
Q.
Group care facility, personal care boarding home or
transitional dwelling, subject to:
(1)
The minimum area and bulk regulations for a group
care facility, personal care boarding home or transitional dwelling
shall be the same as those required for a principal use in the zoning
district in which the facility is located.
(2)
In the R-3 District, a transitional dwelling or personal
care boarding home shall have frontage on and direct vehicular access
to an arterial or collector street as defined by the Comprehensive
Plan.
(3)
In the R-1 and R-2 Districts, the maximum number of
residents housed in a personal care boarding home or transitional
dwelling shall be 10.
(4)
No group care facility, personal care boarding home
or transitional dwelling shall be located within 500 feet of another
existing or proposed group care facility, personal care boarding home
or transitional dwelling.
(5)
Adequate provisions shall be made for access for emergency
medical and fire-fighting vehicles.
(6)
24 hour supervision shall be provided by staff qualified
by the sponsoring agency.
(7)
Adequate open space opportunities for recreation shall
be provided on the lot for the residents consistent with their needs,
and the area shall be secured by a fence with self-latching gate.
(8)
Where applicable, licensing or certification by the
sponsoring agency shall be prerequisite to obtaining a certificate
of occupancy, and a copy of the annual report with evidence of continuing
certification shall be submitted to the Zoning Officer in January
of each year.
R.
Heavy manufacturing, subject to:
(1)
The minimum site required shall be 10 acres.
(2)
The site shall have frontage on and direct vehicular
access to an arterial or collector street.
(3)
The site shall not be located within 1,200 feet of
any residential dwelling, measured from any property boundary of the
site in a straight line along a public street right-of-way to the
nearest wall of a residential dwelling.
(4)
All activities shall comply with the performance standards specified in Article VI of this chapter.
(5)
All materials, equipment and processes shall be contained
within a completely enclosed building, and windows and doors shall
remain closed during manufacturing processes.
(6)
Adequate public utilities shall be available to meet
the demands of the proposed manufacturing processes.
(7)
Adjacent public streets shall be adequate to accommodate
traffic volumes and weight limits associated with truck traffic to
and from the site.
(8)
The storage, handling, transportation and disposal
of hazardous or potentially hazardous materials shall be in accordance
with all applicable permits and requirements of the Pennsylvania Department
of Environmental Protection (PA DEP) and the U.S. Environmental Protection
Agency (EPA).
S.
Junkyard, subject to;
(1)
The minimum site required shall be 20 acres.
(2)
The site shall have frontage on and direct vehicular
access to an arterial or collector street, as defined by the Comprehensive
Plan.
(3)
The premises shall be maintained so as to not constitute
a nuisance or menace to public health and safety.
(4)
No garbage, hazardous materials or hazardous waste,
as defined by federal statute, or other organic waste shall be stored
on the premises.
(5)
The handling and disposal of motor oil, battery acid and other substances regulated by federal statute and the Pennsylvania Department of Environmental Protection (PA DEP) shall be in accordance with all permits and requirements of that agency. Any suspension, revocation or violation of the PA DEP permits shall be a violation of this chapter and shall be subject to the enforcement provisions of Article XI of this chapter.
(6)
The manner of storage of junk or other materials or
equipment on the site shall facilitate access for fire fighting, shall
prevent hazards from fire or explosion and shall prevent the accumulation
of stagnant water.
(7)
The junkyard operation shall comply with the performance standards of Article VI of this chapter.
(8)
No junk shall be stored or accumulated and no structure
shall be located within 300 feet of any dwelling or within 100 feet
of any property line or public street.
(9)
The premises shall be enclosed by a metal chain link
fence not less than eight feet in height supported on steel posts
with a self-latching gate. The fence shall be located on the inside
of the buffer area required by item (11), below and shall be maintained
in good condition.
(10)
The fence shall be supplemented with screening
material which creates a visual barrier that is at least eighty-percent
opaque.
(12)
The site shall be designed utilizing natural
topography and/or constructed earthen mounds so as to obstruct visibility
from adjacent public streets and properties.
(13)
The operator shall obtain a license from the
Municipality prior to initiating operations which shall be renewable
annually upon payment of the required license fee established from
time to time by resolution of the Council of Murrysville and subject
to inspection by the Zoning Officer to determine continuing compliance
with these standards.
T.
Mineral removal.
(1)
The following basic standards shall apply to all conditional
uses involving mineral removal in any district, which shall be met
in addition to those more particularly set forth in each subsection
herein.
(a)
Formal requisites of an application for conditional
use approval. Any person, firm or corporation desiring to undertake
mineral removal within the Municipality shall submit with the application
copies of all documents, application and/or other supporting material
submitted and/or proposed to be submitted to the Commonwealth of Pennsylvania
and/or other governmental unit relating to application for any permit
to be granted by or through any department thereof.
(b)
Financial security. The applicant shall include
with the application financial security in an amount and in such form
as is acceptable to the Council or a written commitment to provide
such prior to issuance of the conditional use permit.
[1]
The amount of said security shall be based upon
the amounts deemed by the Council reasonably necessary to assure:
[a]
Protection of the following from
subsurface subsidence: municipal roads, public utilities, municipal
utilities, semipublic structures and public and private land and structures,
and water used for drinking, and sanitary and other private facilities.
[b]
Payment for excessive maintenance
expense of any roadway, right-of-way or easement caused by the applicant's
proposed use.
[c]
Replacement of any roadway, right-of-way
and utility service, public and municipal, that is proposed to be
relocated by the applicant.
[d]
In the case of deep mining that
is proposed to extend under buildings and structures not granted support
by the Pennsylvania Bituminous Mine Subsidence and Land Conservation
Act of 1955, the amount of said security shall equal the appraisal
value of all unprotected buildings and structures directly above and/or
above and 200 feet horizontally away from the proposed coal removal.
This security shall be held for five years.
[e]
Replacement and restoration of
the surface of the land.
[2]
The Council may accept financial security in
the form of a bond or bonds, in a company authorized to do business
in the Commonwealth of Pennsylvania, designated for the use of the
Municipality of Murrysville, or it may accept a letter of credit in
acceptable form, or it may accept cash in escrow, or it may accept
a combination thereof.
[3]
The security shall be released by the Council
as performance by the applicant is completed on a schedule to be agreed
to, taking into consideration the nature and extent of applicant's
proposed undertaking, but in no case shall surface replacement security
be held longer than five years after applicant has withdrawn mineral
removal activity from the premises concerned.
[4]
The applicant shall provide with the application
evidence of public liability insurance in a company authorized to
do business in the Commonwealth of Pennsylvania in the amount of $100,000
each person, $300,000 each occurrence and $50,000 property damage.
(c)
Documents and supporting data to accompany the
application.
[1]
To the extent that the same is not otherwise included and shown on copies of applications for permits from the Commonwealth of Pennsylvania or other governmental unit or to be submitted therewith, or where no such permit is applicable, maps shall accompany the application to the Commission and to the Council which shall show the existing and proposed location, in scale, of all spoil piles, access roadways, buildings, structures, mineral removal structures, accessory buildings, property lines, roads, dwellings, streams, utilities and the area from which the mineral is proposed to be removed. Such maps or plans shall include artist sketches or graphic representations or renditions of all buildings, structures, mineral removal structures, accessory buildings and access roadways. The location of all buildings, structures, accessory buildings and mineral removal structures shall meet the basic front yard, rear yard, setback and area requirements contained in Article III hereof, as the same may pertain to the zoning district for which conditional use is requested.
[2]
To the extent that the same is not otherwise
included and shown on copies of applications for permits from the
Commonwealth of Pennsylvania or other governmental unit or to be submitted
therewith, or where no such permit is applicable, there shall accompany
the application, in narrative form, a statement of the intended manner
of operation, that shall include but not be limited to spoil pile
design and construction, drainage and water treatment operations,
erosion control, fire protection operations, probable time schedule
to open and close operations, nature and extent of reclamation and
average percentage of removal per acre of mineral proposed.
(d)
Requirements relating to adjacent areas. The
Council may impose such requirements and conditions relating to screening,
fencing and the nature and extent of landscaping of the proposed site
where the conditional use approval would entail development to a nature
out of harmony with the existing structures or developments. In addition,
where appropriate, the Council may require:
[1]
Provision for mine abandonment or nonoperation
for periods in excess of six months, that shall include provision
for sealing of entrances, handling of drainage, provision for maintenance
of buildings, accessory buildings and mineral removal structures and
provision for control of erosion and removal of all equipment.
[2]
Provision for reclamation on termination of
mineral removal that shall include but not be limited to replanting,
leveling and removal of constructed units and that shall include replacement
of municipal utilities, public utilities and roads and replacement
and preservation of the surface, buildings and structures.
[3]
The procedure to be observed in the use of and
maintenance of municipal roads involved in a change of road surface
and removal of mined or quarried minerals from the site of the road
that shall include a list of all proposed detour routes and that shall
include compliance with Commonwealth of Pennsylvania road construction
regulations and statutes and municipal construction standards.
[4]
The posting of financial security as specified
in this article as a condition precedent to issuance of an operation
permit.
(e)
Murrysville shall abstain in the application
of any local regulations and the enforcement of matters determined
to be within the exclusive jurisdictional authority of the Commonwealth
of Pennsylvania Department of Environmental Protection.
(2)
Quarrying, mining, excavation and/or mineral removal.
(a)
Quarrying, mining, excavation and/or mineral
removal shall be conducted in conformance with Acts 418 of 1945, 219
of 1984, and 1 of 1955.
(b)
All quarrying, mining, excavation and/or mineral removal shall comply with the impact analysis requirements contained in Chapter 201, Subdivision and Land Development, of this Code.
(c)
All quarrying, mining, excavation and/or mineral
removal shall comply with the following standards:
[1]
All facilities considered for conditional use
under this subsection shall submit the following information:
[a]
A description of the specific types
of material the applicant proposes to extract from the site.
[b]
A description of the specific technology(ies)
and procedures the applicant proposes to utilize at the facility.
[c]
Preliminary specifications and
architectural drawings of all structures and appurtenances to be located
on the site.
[d]
An approved site plan.
[e]
A statement of qualifications to
operate a quarry, mining or excavation facility.
[f]
A complete compliance history for
any and all facilities owned and/or operated by the applicant, any
parent, subsidiary or cooperative owner/operator of similar facilities.
[g]
Any and all information supplied
to the Pennsylvania Department of Environmental Protection or the
United States Environmental Protection Agency regarding the proposed
site and/or facility.
[h]
The names and addresses of any
person, corporation or partnership having any financial interest in
the construction, permitting, operation and/or closure of such facility.
[i]
Any and all royalty and/or contingent
payment agreements related to siting, permitting and/or operation
of such facility.
[j]
All documents required under federal,
state, county or municipal statutes, regulations and/or ordinances.
[k]
All insurance policies, closure
accounts and/or documents relating to self-insurance for the subject
application.
(e)
Applicants shall provide 10 copies of all required
studies and reports and an approved land development plan, including
all tracts of land to be subject to the proposed use.
(f)
All applications for conditional use under this
subsection shall include the following:
[1]
The name and address of any person, corporation,
partnership, joint ventures and limited or general partner holding
any financial interest in the proposed use.
[2]
A delineation of all areas to be quarried, mined
or excavated and areas for any related accessory or associated use
shall be shown on the site plan.
[3]
The location and description of the types of
resources to be quarried, mined or excavated.
[4]
All natural and man-made features such as streams,
roads, railroads, buildings, utility lines, prime agricultural soils,
wetlands and areas of environmental concern shall be shown on the
site plan.
[5]
The location of all buildings within 1,000 feet
of the proposed use and the names and address of owners and present
occupants of said buildings shall be shown on the site plan.
[6]
The location of all rights-of-way and easements,
abutting and/or adjoining zoning districts and land uses shall be
shown on the site plan.
(g)
All applications for conditional use under this
subsection shall submit a proposed quarrying, mining, excavation,
and/or mineral removal plan, indicating specific stages and facilities,
areas affected, phasing and time schedule and a reclamation plan.
(h)
All quarrying, mining, excavation, and/or mineral
removal operations shall be subject to the following standards and
requirements:
[1]
The applicant shall obtain any and all required
federal, state, county and municipal permits prior to submitting an
application for conditional use.
[2]
Grading, backfilling and replacement of all
overburden material shall be done in a manner that will restore the
site to the same or a more suitable condition and/or useable grade
than previously existed on the site.
[3]
Fencing and visual and acoustic screening shall comply with the standards contained in Articles VI of this chapter.
[4]
No quarrying, mining and/or excavation operations,
including drilling and blasting, shall occur on Sunday and shall not
be conducted earlier than 7:00 a.m. nor later than 5:00 p.m. during
the remainder of the week.
[5]
All applications for conditional use under this
subsection shall provide a detailed erosion and sediment control plan
approved by the Westmoreland County Conservation District.
[6]
All applications for conditional use under this
subsection shall provide a detailed stormwater management plan approved
by the Municipal Engineer.
[7]
The side walls of any quarrying, mining or excavation
operation that are not completely backfilled shall have a slope no
greater than one foot of vertical distance for each two feet of horizontal
distance.
[8]
Dust and debris from any conditional use permitted
under this subsection shall not be allowed to accumulate within any
public right-of way.
(i)
Any use permitted under this subsection shall
at all times comply with all applicable federal, state, county or
municipal laws, regulations and/or ordinances. Failure to maintain
such compliance shall cause the zoning permit to become null and void.
Reissuance of a permit under said noncompliance shall only occur after
a public hearing, conducted by the Zoning Hearing Board, and the demonstration
by the applicant that the conditions that caused the nullification
of the permit have been corrected.
(j)
Any use permitted under this subsection shall
not increase the background level of air quality, odors or noise beyond
the level existing at the site prior to the issuance of the zoning
permit, as set forth in the study submitted with the application.
(k)
Any use permitted under this subsection shall comply with the performance standards contained in Article VI of this chapter.
(l)
Any use permitted under this subsection shall
not injure or detract from the lawful existing or permitted uses of
adjoining properties.
(m)
The Municipality shall have the right to enjoin
operations at the site of any use permitted under this subsection
should there be a documented violation of any of the conditions of
the permit.
U.
Hotels, subject to;
(1)
No hotel shall have a lot area less than neither one
acre nor a lot of a size less than 2,000 square feet per sleeping
unit.
(2)
Hotels shall utilize collective sewers connecting
with an approved community or on-site sewage disposal system.
(3)
Front, side and rear yards of the hotel shall be permanently
landscaped and maintained in good condition.
V.
Municipal facilities, subject to:
(1)
Council shall consider the recommendation of the Planning
Commission and public comment before considering an application for
a municipal facility.
W.
Zoning districts allowing telecommunications antennas,
towers and facility buildings.
(1)
Communications antennas mounted on an existing building
or existing public utility storage or transmission structure, subject
to:
(a)
Building-mounted antennas shall not be permitted
on any single-family or two-family dwellings.
(b)
The applicant shall demonstrate that the electromagnetic
fields associated with the proposed antennas comply with safety standards
now or hereafter established by the Federal Communications Commission
(FCC).
(c)
The applicant shall demonstrate compliance with
all applicable Federal Aviation Administration (FAA) and any applicable
airport zoning regulations.
(d)
Building-mounted antennas shall be permitted
to exceed the height limitations of the district by no more than 20
feet. Antennas mounted on existing public service corporation facility
storage or transmission tower shall not project more than 20 feet
above the height of the tower.
(e)
Omnidirectional or whip antennas shall not exceed
20 feet in height or seven inches in diameter.
(f)
Directional or panel antennas shall not exceed
five feet in height or two feet in width.
(g)
Satellite and microwave dish antennas mounted
on the roof of a building or on a self-supporting communications tower
shall not exceed six feet in diameter.
(h)
Satellite and microwave dish antennas mounted
on a monopole communications tower or existing public service corporation
facility storage or transmission structure shall not exceed two feet
in diameter.
(i)
The applicant proposing a building-mounted antenna
shall submit evidence from a structural engineer certifying that the
proposed installation will not exceed the structural capacity of the
building considering wind and other loads associated with the antenna's
location.
(j)
Evidence of lease agreements and easements necessary
to provide access to the building or structure for installation and
maintenance of the antennas and placement of the equipment cabinet
or equipment building shall be provided to the Borough.
(k)
The placement of the equipment cabinet or equipment
building shall not obstruct the free flow of traffic on the site,
shall not reduce any parking required or available for other uses
on the site and shall not obstruct any right-of-way or easement without
the permission of the owner or grantor of the right-of-way or easement.
(l)
Unless located within a secured building, the
equipment cabinet or equipment building shall be fenced by a ten-foot-high
chain link security fence with locking gate. If the equipment cabinet
or equipment building is visible from any public street or adjoining
residential property, the equipment cabinet or equipment building
shall be screened by a minimum six-foot-high compact evergreen hedge.
(m)
If vehicular access to the equipment cabinet
or equipment building is not provided from a public street or paved
driveway or parking area, an easement or right-of-way shall be provided
which has a minimum width of 20 feet and which shall be improved with
a dust-free all-weather surface for its entire length.
(n)
At least one off-street parking space shall
be provided on the site within a reasonable walking distance of the
equipment cabinet or equipment building to facilitate periodic visits
by maintenance workers.
(2)
Communications tower, subject to:
(a)
The applicant shall demonstrate that it is licensed
by the Federal Communications Commission (FCC) to operate a commercial
communications tower.
(b)
Any applicant proposing a new freestanding commercial
communications tower shall demonstrate that a good faith effort has
been made to obtain permission to mount the antenna on an existing
building or other structure or an existing commercial communications
tower. A good faith effort shall require that all owners within a
one-quarter-mile radius of the proposed site be contacted and that
one or more of the following reasons for not selecting an alternative
existing building or communications tower or other structure apply:
[1]
The proposed equipment would exceed the structural
capacity of the existing building, commercial communications tower
or other structure, and reinforcement of the existing building, tower
or other structure cannot be accomplished at a reasonable cost.
[2]
The proposed equipment would cause RF (radio
frequency) interference with other existing or proposed equipment
for that building, tower or other structure, and the interference
cannot be prevented at a reasonable cost.
[3]
Existing buildings, commercial communications
towers or other structures do not have adequate space to accommodate
the proposed equipment.
[4]
Addition of the proposed equipment would result
in NIER (nonionizing electromagnetic radiation) levels which exceed
any adopted local, federal or state emission standards.
(c)
The applicant shall demonstrate that the proposed
communications tower and the electromagnetic fields associated with
the antennas proposed to be mounted thereon comply with safety standards
now or hereafter established by the Federal Communications Commission
(FCC).
(d)
The applicant for the communications tower shall
demonstrate compliance with all applicable Federal Aviation Administration
(FAA) and any applicable airport zoning regulations.
(e)
In the R-R, R-1, R-2, R-3 and MU Districts,
the maximum height of a communications tower shall be 125 feet. In
the B District, the maximum height of a communications tower shall
be 200 feet.
(f)
The applicant shall demonstrate that the proposed
height of the communications tower is the minimum height necessary
to function effectively.
(g)
In all districts, all parts of the communications
tower, including guy wires, if any, shall be set back from the property
line at least 50 feet, except for guyed towers which shall be set
back a distance equal to the height of the tower. If the tower is
located on property which adjoins any R Zoning District, the setback
shall be at least 200 feet. Where the communications tower is located
on a leased parcel within a larger tract, the setback shall be measured
from the property line which separates the adjoining residentially
zoned property from the larger tract controlled by the lessor, rather
than from the boundaries of the leased parcel, provided the larger
tract is either vacant or developed for a use other than single-family
dwellings.
(h)
The tower and all appurtenances, including guy
wires, if any, and the equipment cabinet or equipment building shall
be enclosed by a minimum ten-foot-high chain link security fence with
locking gate.
(i)
The applicant shall submit evidence that the
tower and its method of installation has been designed by a registered
engineer and is certified by that registered engineer to be structurally
sound and able to withstand wind and other loads in accordance with
the Pennsylvania Uniform Construction Code and accepted engineering
practice.
(j)
Equipment cabinets and equipment buildings shall
comply with the height and yard requirements of the zoning district
for accessory structures.
(k)
Access shall be provided to the tower and equipment
cabinet or equipment building by means of a public street or right-of-way
to a public street. The right-of-way shall be a minimum of 20 feet
in width and shall be improved with a dust-free all-weather surface
for its entire length.
(l)
Recording of a plat of subdivision shall not
be required for the lease parcel on which the tower is proposed to
be constructed, provided the equipment building is proposed to be
unmanned and the required easement agreement for access is submitted
for approval by the Municipality.
(m)
Approval of a land development plan, prepared
in accordance with the requirements of the Municipality's Subdivision
and Land Development Ordinance, shall be required for all towers.
(n)
The owner of the communications tower shall
be responsible for maintaining the parcel on which the tower is located,
as well as the means of access to the tower, including clearing and
cutting of vegetation, snow removal and maintenance of the access
driveway surface.
(o)
The owner of any communications tower which
exceeds 50 feet in height shall submit to the Municipality proof of
an annual inspection conducted by a structural engineer at the owner's
expense and an updated tower maintenance program based on the results
of the inspection. Any structural faults shall be corrected immediately
and reinspected and certified to the Municipality by a structural
engineer at the owner's expense.
(p)
The owner of the communications tower shall notify the Municipality immediately upon cessation or abandonment of the operation. The owner of the communications tower shall dismantle and remove the communications tower within six months of the cessation of operations, if there is no intention to continue operations, evidenced by the lack of an application to the Municipality to install antennas on the existing tower. If the owner of the communications tower fails to remove the tower, then the landowner shall be responsible for its immediate removal. Failure to remove an abandoned communications tower shall be subject to the enforcement provisions of Article XI of this chapter.
(q)
All tower structures shall be fitted with anticlimbing
devices as approved by the manufacturer for the type of installation
proposed.
(r)
All antennas and tower structures shall be subject
to all applicable Federal Aviation Administration (FAA) and airport
zoning regulations.
(s)
No sign or other structure shall be mounted
on the tower structure, except as may be required or approved by the
FCC, FAA or other governmental agency.
(t)
The exterior finish of the tower shall be compatible
with the immediate surroundings. The tower, the equipment cabinet
or equipment building, and the immediate surroundings shall be properly
maintained.
(u)
The base of the tower shall be landscaped suitable
to the proposed location of the tower, if the base of the tower is
visible from adjoining streets or residential properties.
(v)
At least one off-street parking space shall
be provided on the site to facilitate periodic visits by maintenance
workers. Manned equipment buildings shall provide one parking space
for each employee working on the site.
(w)
No antenna or tower structure shall be illuminated,
except as may be required by the Federal Aviation Administration (FAA)
or the Federal Communications Commission (FCC).
X.
Child-care center, subject to:
(1)
Such facilities shall be a secondary use located within
a housing development of 20 units or more or a multifamily structure
of 12 units or more.
(2)
There shall be one off-street parking space provided
for each employee, plus one off-street parking space for each 400
square feet of gross floor area.
(3)
All such facilities shall provide a passenger dropoff
and pickup location on the site.
(4)
One sign, a maximum of nine square feet of gross sign
area, shall be permitted.
(5)
The owner and all employees shall be licensed by the
Pennsylvania Department of Health to operate such a facility.
(6)
All employees of such a facility shall be required
to undergo a criminal background investigation by the Murrysville
Police Department. The applicant shall pay the cost of such investigation.
(7)
No person convicted of any sexually related criminal
offense or any violent criminal offense shall be employed by such
a facility.
(8)
Any outdoor play areas and facilities shall be adequately
screened from adjoining residential uses.
(9)
Any outdoor play areas shall be protected with a child
safety fence around the entire perimeter of the play area a minimum
of four feet high.
(10)
All such facilities shall connect all fire alarms
and burglary alarms to the appropriate emergency communications facility.
(11)
All such facilities shall provide municipal
emergency service providers with a detailed emergency plan, including
an emergency evacuation plan.
Y.
Waste storage, treatment, processing and disposal
facilities.
(1)
No applications for facilities considered for conditional
use under this subsection shall be processed unless fully permitted
by the Pennsylvania Department of Environmental Protection, the United
States Environmental Protection Agency, and such other federal or
state agencies as required under applicable enabling statutes.
(2)
All facilities considered for conditional use under
this subsection shall submit the following information for the site:
(a)
A description of the specific types of waste
the applicant proposes to accept for storage, treatment, processing
or disposal at the site.
(b)
A description of the specific technology and
procedures the applicant proposes to treat, process and dispose of
waste at the facility.
(c)
Preliminary specifications and architectural
drawings of the proposed facility.
(d)
An approved site or land development plan.
(e)
A statement of qualifications to operate a waste
disposal facility.
(f)
A complete compliance history for any and all
facilities owned and/or operated by the applicant and any parent,
subsidiary or cooperative owner/operator of waste treatment, processing
or disposal facilities as per Pennsylvania Department of Environmental
Protection Form HW-C, Compliance History and Instructions.
(g)
Any and all information supplied to the Pennsylvania
Department of Environmental Protection or the United States Environmental
Protection Agency regarding the proposed site and/or facility.
(h)
The names and addresses of any person, corporation
or partnership having any financial interest in the construction,
permitting, operation or closure of such facility.
(i)
Any and all royalty and/or contingent payment
agreements related to siting, permitting or operation of such facility.
(j)
All documents required by federal and/or state
law regarding registered lobbyist(s) acting on behalf of the applicant
or any related party.
(k)
All insurance policies, closure accounts and/or
documents relating to self-insurance for the subject application.
(l)
A proposed siting agreement specifying the terms,
conditions and provisions under which the facility shall be constructed,
maintained and operated, including but not limited to the following
terms, conditions and provisions:
[1]
Facility construction and maintenance procedures.
[2]
Operating procedures and practices and the design
of the facility and its associated activities.
[3]
Monitoring procedures, practices and standards
necessary to assure and continually demonstrate that the facility
will be operated safely.
[4]
The services to be offered by the applicant
to the community.
[5]
The compensation, services and special benefits
to be provided to the community by the applicant and the timing and
conditions of their provisions.
[6]
Provisions for renegotiation of any term, condition
or provision of the siting agreement or of the entire agreement.
[7]
Provisions for resolving any disagreements in
the construction and interpretation of the siting agreement that may
arise between the parties.
[8]
Provisions for compensation to be paid to abutting
landowners, residents, occupants or impacted communities, landowners,
residents or occupants.
[9]
Provisions for direct monetary payments to the
Municipality and special services to be provided for demonstrable
adverse impact.
[10]
Provisions to assure health, safety,
comfort, convenience and social and economic security of the residents
and businesses in the Municipality.
[11]
Provisions to assure the continuing
economic viability of the project.
[12]
Provisions to assure the protection
of environmental and natural resources.
[13]
Provisions to provide compensation
to landowners, residents, occupants, businesses and industries for
adverse economic impacts demonstrably attributable to the facility.
[14]
Provisions to compensate municipal,
county and/or other agencies for the review costs incurred due to
the applicant's proposal.
[15]
Provisions to provide site access
to any and all municipal, county, state and federal employees and/or
their consultants regarding review of the proposal or the site.
(3)
The adequacy of all applicant submissions shall be
determined by the Municipal Engineer and/or consultant as designated
by Council.
(4)
All applicants for permits under this subsection shall
include the following certification: "I, the undersigned, under the
pains and penalties of perjury, certify that I have personally examined
and am familiar with the information submitted in the attached documents
supporting the application, prepared by or under the direction of
the developer, and that the information contained in the application
and the supporting documents is true, accurate and complete." The
above application is to be signed by the chief executive officer of
the application entity.
Z.
Mixed-use Development.
[Amended 8-6-2008 by Ord. No. 771-08]
(1)
Mixed-use development standards.
(a)
The minimum site area shall be five acres.
(b)
All development shall comply with the performance standards of the Business District within § 220-16 of the chapter.
(c)
No more than 60% of the development's gross
floor area shall be devoted to residential dwelling units, including
hallways and service areas on floors of apartment or mixed-use buildings
that serve said units. The following forms of dwelling units shall
be authorized: townhouse, triplex, fourplex, two-family, apartment,
garden apartment and personal-care boarding home.
(d)
Residential dwelling units are also authorized
within mixed-use buildings with the following standards: Residential
dwelling units shall not be located on the first floor of the building,
and each shall include a minimum of 800 square feet. Mixed-use buildings
shall be subject to building design standards applied by the general
design standards of this section as commercial or nonresidential buildings.
(e)
Maximum impervious surface coverage and setbacks. The impervious surface coverage (including parking and access drives directly fronting the following units) associated with each dwelling unit classified as a townhouse, triplex, fourplex, or two-family dwelling shall require the provision of 45 square feet of associated pervious and landscaped area for every 65 square feet of such impervious surface constructed. (This requirement effectively imposes impervious surface maximums commensurate with the R-3 District.) Said area shall be delineated on the plan. Additionally, said units shall be subject to the perimeter setbacks bordering adjacent sites and setbacks between such buildings as required by Article IV, Planned Residential Development. The remainder of the project area shall be subject to the bulk standards of the B District, with the provision that all other principal structures shall be spaced a minimum of 30 feet from any other principal structure on the site.
(f)
Council shall require the recordation of covenants
by phase guaranteeing ultimate compliance with the preliminary and
tentative plans approved.
(2)
Any residential structure as authorized in the Mixed Use Development shall adhere to the standards required in § 220-67.1, Building design and amenities performance standards.
(3)
Any development submitted in accordance with this
section shall consider and reasonably adhere to those illustrations
presented within Appendix A, General Business Overlay Design Manual,
as design guidelines demonstrating the criteria of this section in
a manner that meets its objectives.[3]
[3]
Editor's Note: Appendix A is included at the end of this chapter.
(4)
Council, in considering the above conditional use, may entertain those modifications authorized by § 220-67.1F, regarding building design standards, and § 220-51B(2), regarding landscaping requirements, where Council finds that the requested modification meets each respective section, the objectives of this section, and the general findings required by this chapter for conditional use approval.
AA.
Old William Penn Highway setback reduction, subject
to:
(1)
The structure shall be accompanied by a sidewalk
meeting minimum municipal standards and integrated with the street,
building entrances, and sidewalks or parking on adjoining properties
where possible.
(2)
The setback may be reduced to that of existing
adjacent structures, if involving one building requested on one lot,
unless the most adjacent structure does not adhere to the existing
character of the block on which it is located, as determined by Council.
Where multiple structures are proposed, or where the proposed structure
is equal to or greater than 100 feet from adjacent structures facing
Old William Penn, the overall character of the block shall be considered
as a finding of fact wherein the approved setback of the structures
proposed shall not alter the essential character of the existing neighborhood.
(3)
The setback shall consider planned municipal
right-of-way expansions and the Official Map.
(4)
In no case shall the setback be reduced to less
than 15 feet from the existing or planned right-of-way, as may be
denoted on the Official Map.
(5)
The structure shall adhere to the following
standard as applied to the face of the structure that most nearly
parallels Old William Penn Highway when the face of the structure
is greater than 75 feet measured horizontally. The structure shall
include a break, defined as an offset in the building's footprint,
of at least three feet for every 75 feet of said building face. The
offset shall encompass at least 25% of the total horizontal length.
The offset may be reduced to one foot where a change of building facade
or material is employed.
(6)
Entrances bearing direct access to the street
corridor shall be required for each offset required.
(7)
The structure shall be constructed to a maximum
of 40 feet in height as applied to the face of the structure that
most nearly parallels Old William Penn Highway. The remainder of building
faces shall be limited to the height of the underlying B District
standards. Height shall be calculated from the average grade of ground
on said building face.
BB.
Planned commercial center.
[Added 8-6-2008 by Ord. No. 771-08]
(1)
Purpose, applicability and development objectives:
(a)
The planned commercial center development option
aims to accommodate overall community growth in Murrysville in a manner
that will protect, preserve, enhance and balance the environmental,
economic, social, cultural and aesthetic values desirable in a predominately
rural atmosphere.
(b)
Direct market-driven development as reasonable
growth to areas bearing proper infrastructure while providing for
the highest and best use of properties bordering the Municipality's
major and minor arterials.
(c)
Provide for the accommodation of regional nodes
of development in a manner that maintains the property values of uses
within surrounding commercial and residential districts.
(d)
Encourage innovation and creativity in building
design, pedestrian access, and vehicular circulation in a manner that
balances the functionality and needs of each establishment with the
needs of current and anticipated residents and patrons and the integrity
of existing plans and neighborhoods.
(2)
Basic site criteria and definition of the site.
(a)
The site shall be defined as the entire area
of all existing parcels included within the tentative plan application.
(b)
ENVIRONMENTALLY SENSITIVE AREAS
IMPERVIOUS SURFACE COVERAGE
LARGE RETAIL STORE
The following definitions apply within this
subsection:
Area of the site in square feet consisting of steep slopes
as regulated by the supplemental standards of this chapter, one-hundred-year
floodplains and floodways, and wetlands as regulated by this chapter
and the Department of Environmental Protection.
Land area covered by structures housing a particular use category as defined in § 220-27.4 Permitted uses; and all impervious surfaces, including streets, access drives and parking stalls directly servicing said permitted uses. For purposes of this chapter, building coverage shall be credited or classified within the use category of the predominant or principal use of the first floor. Therefore, a retail building with second-story office is classified as a retail use, while the parking coverage dedicated to the office use shall be classified as office use impervious surface coverage.
Any single retail establishment occupying 75,000 square feet
or more of total or gross floor area on the first floor of any structure
or 40,000 square feet or more of gross floor area on the first floor
when all stories occupied equal or exceed 80,000 of gross floor area.
(c)
Minimum site area shall be 20 contiguous acres,
not separated by existing streets.
(d)
Developments shall be directly serviced by adequate road infrastructure which meets those criteria determined by a submitted traffic study and municipal criteria, including but not limited to levels of service cited in Chapter 135, Impact Fees, and Chapter 97, Roads and Streets Construction. Adequacy of infrastructure shall include an assessment of roads immediately adjoining the site and those which provide direct access to the site. The specific requirements of the study and said adequacy shall be demonstrated by one or a combination of the following in consideration of accident history, trips generated above the base zoning, and resulting functional classification of the road:
[1]
Width of the cartway.
[2]
Horizontal and vertical alignment in relationship
to sight distances and increased trip generation.
[3]
The Municipality may consider related projects and the scheduled date of each as included on the Transportation Capital Improvements Program as revised and included in Chapter 135, Impact Fees, in its evaluation of street adequacy.
[4]
In consideration of trip generation, the Municipality
may approve development phases contingent upon and commensurate with
any planned improvements of the above infrastructure as a condition
of preliminary and final plan approvals implementing the planned commercial
center conditional use whether or not said infrastructure improvements
are included on the Municipality's Transportation Capital Improvements
Program.
(e)
Ownership. The site proposed for a planned commercial
center shall be under single ownership and control. Prior to submitting
an application for approval, the applicant shall demonstrate ownership
or equitable title of the site.
(f)
The development shall be served by public water
and sewer.
(3)
Permitted uses.
(a)
The following defines those uses authorized
within a planned commercial center.
(b)
Retail uses shall include the following as authorized,
provided that Large Retail Stores shall be limited to one for each
50 acres of the total site:
|
Use
|
Subject to
|
Permitted Use (P) or Conditional Use (C)
| |
|---|---|---|---|
|
Convenience store
|
—
|
P
| |
|
Financial institution
|
—
|
P
| |
|
Local retail business
|
—
|
P
| |
|
Personal services
|
—
|
P
| |
|
Recreation, indoor commercial
|
§ 220-31I
|
C
| |
|
Recreation, outdoor commercial
|
§ 220-31I
|
C
| |
|
Restaurants
|
—
|
P
| |
|
Retail store
|
—
|
P
| |
|
Sale and storage of building materials
|
—
|
P
| |
|
Therapeutic massage establishment
|
—
|
P
|
(c)
Office uses shall include the following, as
authorized:
|
Use
|
Subject to
|
Permitted Use (P) or Conditional Use (C)
| |
|---|---|---|---|
|
Adult day care
|
§ 220-31K
|
C
| |
|
Business or professional office, large
|
—
|
P
| |
|
Business or professional office, small
|
—
|
P
| |
|
Business services
|
—
|
P
| |
|
Child-care center
|
§ 220-31X
|
C
| |
|
Church
|
§ 220-31F
|
P
| |
|
Contracting business
|
—
|
P
| |
|
Day-care center
|
§ 220-31K
|
P
| |
|
Funeral homes and mortuaries
|
§ 220-31O
|
C
| |
|
Garage, public
|
—
|
P
| |
|
High-technology industries
|
—
|
P
| |
|
Hospital
|
—
|
C
| |
|
Hotel
|
§ 220-31U
|
C
| |
|
Municipal facilities
|
§ 220-31V
|
P
| |
|
Research and development
|
—
|
P
| |
|
School, commercial
|
—
|
P
| |
|
School, public or private
|
§ 220-31F
|
C
|
(4)
Required ratio of impervious surface area by
use.
(a)
A minimum of 15% of the impervious surface coverage
provided shall be dedicated for development as office use, with the
remainder authorized as retail use impervious surface coverage.
(b)
Where part of the development is zoned as B,
Business, the area determined by § 220-27.4E(2) may be allotted
entirely to retail use as impervious surface coverage.
(5)
Impervious surface coverage authorized.
(a)
This section authorizes the total amount of
impervious surface coverage in square feet of retail and office uses.
Each portion of the site defined in this section is authorized an
amount of impervious surface coverage based on the underlying zoning.
The total amount authorized may be constructed as uses that, in combination,
do not exceed the amount authorized and meet the standards, buffering,
and location requirements of this article. Therefore, the impervious
surface area determined below shall be available for use at any point
on the site, notwithstanding use limitations such as buffering or
development in accordance with the incorporated planned residential
development.
(b)
Determination of impervious surface area authorized
on land areas zoned as Business, B, is as follows:
[1]
Impervious Surface Authorized = [(Gross Acreage
– Acreage of Environmentally Sensitive Areas) * 0.8)]; or
[2]
The developer may submit, or the Planning Commission
or Council may require the developer to submit, a plan showing how
the site may be developed under zoning standards applicable to the
parcel in the absence of planned commercial center, following all
current ordinances, including grading, slopes, wetlands, land development,
streets, etc; such plan must also be economically viable. This square
footage of impervious surface achieved in the conventional land development
shall be approved by the Planning Commission and Council as an adjusted
maximum density in consideration of the foregoing standards.
(c)
Impervious surface coverage on all area of the
site bearing an underlying residential zoning of R-R, R-1, or R-2
shall be determined as follows:
[1]
Number of Lots Permitted = [(Gross Acreage –
Acreage of Environmentally Sensitive Areas) * 0.8)] / Minimum Acres
per Dwelling Unit permitted in the underlying residential district).
The aforementioned "environmentally sensitive areas" shall be deemed
to include steep slopes, floodplains, and wetlands; or
[2]
The developer may submit, or the Planning Commission
or Council may require the developer to submit, a plan showing how
the site may be developed under conventional zoning following all
current ordinances, including grading, slopes, wetlands, land development,
streets, etc.; such plan must also be economically viable. This number
of lots achieved in the conventional subdivision could be approved
by the Planning Commission and Council as an adjusted maximum density.
[3]
Each lot determined as above shall equate to
the following total of impervious surface per such lot in the base
or underlying zoning district, as set forth in the table below. In
the R-2 District, one single-family unit shall equal one lot, and
two of every other type of unit shall equal one lot. The following
allotted areas are presumed to cover the overall average of impervious
surface relating to a minimum lot in the respective district and includes
structure, driveways, compacted soils, and streets. The amount is
therefore an average rather than a site-specific calculation.
|
Zoning District
|
Amount of Impervious Surface Allocated
Per Determined Lot
| |
|---|---|---|
|
R-R
|
16,000
| |
|
R-1
|
13,000
| |
|
R-2
|
10,000
|
(d)
Determination of impervious surface area authorized
on any land area on the site with an underlying zoning of R-3 is as
follows:
[1]
Impervious Surface Authorized = [(Gross Acreage
– Acreage of Environmentally Sensitive Areas) * 0.65)]; or
[2]
The developer may submit, or the Planning Commission
or Council may require the developer to submit, a plan showing how
the site may be developed under base zoning standards applicable to
the parcel, following all current ordinances, including grading, slopes,
wetlands, land development, streets, etc.: such plan must also be
economically viable. This square footage of impervious surface achieved
in the conventional land development shall be approved by the Planning
Commission and Council as an adjusted maximum density in consideration
of the foregoing standards.
(e)
Depiction of impervious surface on plan.
[1]
Where the development proposed multiple phases,
the developer shall estimate the impervious surface area for all portions
or phases designated as office and retail uses. Such shall then be
depicted on the preliminary land development plan.
[2]
The above shall be considered at tentative approval
to determine conformance with the impervious surface area allotted
for the site.
(6)
Site configuration and design.
(a)
Retail and office uses.
[1]
Areas bearing the above uses shall be expressly
designated on specific sections of the plan as dedicated to the construction
of one or a combination of the above uses.
(d)
Parking lot design and building placement. General
site design and grading shall employ terracing where feasible, in
order to minimize disturbance where the total site bears 30 or more
parking spaces. Feasibility shall be determined by the Municipal Engineer
in consideration of geology, ability to meet building code requirements,
and stormwater best management practices.
(e)
Retail and office uses and shared parking areas
shall locate within areas of the development such that either structures'
landscaping, terrain or buffering therein shield the effects of lighting
related thereto.
(f)
The plan shall demonstrate the provision of
adequate security measures to service planned commercial development
in consideration of local police response data to similar uses and
security needs at similar stores in comparable locations.
(g)
Lighting, whether mounted on a building or freestanding, shall be limited to 20 feet in height in a portion of the development bearing an underlying residential zoning. Generally, lighting shall adhere to the uniformity ratios defined in this chapter within the B District for retail and office uses. The restrictions of light spillover to residentially zoned property lines set forth in § 220-52, Lighting, shall be applied to the internal lot lines of open space dedicated or set forth within the plan and setbacks and buffering from residentially zoned properties required by this section, as applied to specific structures within the plan. Additionally, Council may require reductions in lighting serving establishments when such establishments are closed to regular operation.
(7)
Open space and buffering standards.
(a)
At least 30% of the entire site shall be preserved as perpetual open space where said areas are preserved through covenants or conveyance to the Municipality, at the sole option of the Municipality. Said areas shall be delineated by separate parcel or conservation easement delineated by metes and bounds on the recorded plan. Council may require additional open space where such is deemed necessary to meet the objectives of Subsection BB(7)(c).
(b)
Additionally, the developer shall provide additional open space meeting the above standards at the following factors or multipliers of an area equal to 15% of the impervious surface allotted through this conditional use (such is equal to the area of impervious surface for residential development allotted through Article IVA, Mixed-Use PRD):
|
District
|
Factor
| |
|---|---|---|
|
R-R
|
4
| |
|
R-1
|
3
| |
|
R-2
|
2
| |
|
R-3
|
1.5
|
(c)
Generally, open space shall serve to and shall
be organized in such a manner as to promote the following objectives:
[1]
Preserve and protect steep slopes and healthy
woodlands or promote the preservation of vegetation on slopes created
by the development within the standards of this chapter;
[2]
Preserve and maintain natural areas such as
riparian buffers, wetlands, and meadows to the extent that such act
as natural recharge and infiltration areas;
[3]
Provide for greenspace and corresponding trail
connections as may be reflected on the Official Map or in accordance
with the parks, recreation, and open space plan; and
[4]
Provide for general site design that maximizes
buffering of adjacent residentially zoned areas and public rights-of-way
through the preservation of existing natural features and that defines
the site as a clear and distinct node of development in accordance
with overall site configuration requirements.
(d)
Setbacks and buffering.
[1]
The following setbacks shall apply only to the
site boundaries.
[2]
A seventy-five-foot buffer area shall be maintained
around the perimeter of the site which borders either residentially
zoned property or streets directly fronted by residentially zoned
property(ies) which may consist of one or a combination of the following
in a manner that provides year-round screening and minimization of
the effects of lighting:
[3]
As outlined in the following table, the applicant
may locate a building of 20,000 square feet or less in gross floor
area closer to a property line than is authorized for structures bearing
greater than 20,000 square feet in gross floor area. Where the developer
chooses to utilize the lesser setback, the following shall apply as
a transitional buffering area:
[a]
Any building wall which faces a residentially zoned property line shall adhere to those standards of § 220-67.1, Building Design and Amenities Performance Standards, that apply to front lot lines.
[b]
Loading areas adjoining the aforesaid
building walls shall be adequately screened by topography, landscape
mounding, or year-round vegetation.
[c]
The developer shall present a vegetation
plan or assessment of existing vegetation prepared by a qualified
professional forester or a landscape architect proposing additional
landscaping, acceptable to the Municipality, that ensures year-round
buffering of lighting effects and parking lots within the residential
buffer area otherwise required.
[d]
In no case shall parking lots or
parts thereof be located within the required buffer or setback.
|
Use
|
Building Size
(Gross Floor Area)
|
Building Setback From Residentially Zoned
Property Line
(feet)
|
Building Setback From Residentially Zoned
Property Line Separated by Street
(feet)
|
Building Setback From All Streets Separating
Site Boundary from Mixed-Use- or Business-Zoned Parcels
(feet)
|
Building Setback From Site Boundaries
Immediately Adjoining Business- or Mixed-Use-Zoned Parcels
(feet)
|
|---|---|---|---|---|---|
|
Retail and office use
|
Greater than or equal to 20,000
|
200
|
100
|
75
|
75
|
|
Retail and office use
|
Less than 20,000
|
300
|
250
|
75
|
75
|
[4]
Landscaping required by the supplemental standards
of this chapter shall be provided at a rate applicable to the site,
excluding open space area required. A mixture of high- and low-level
plantings required shall be planted around the perimeter of the site
bordering or divided by a street bordering B- or MU-zoned property.
[5]
Parking drives shall be set back at least 75
feet from any site boundary. Internal access drives shall be set back
50 feet from any site boundary, notwithstanding stricter requirements
of this subsection.
(8)
Phasing requirements and application requirements.
(a)
Phasing requirements.
[1]
For purposes of traffic fee studies associated with Chapter 135, Impact Fees, site design, and phasing, all "imminent development," defined as any development for which an application for further subdivision or land development on the site is submitted within 18 months of tentative approval, shall be included within the scope and impact contemplated through the required study.
[2]
Council shall require covenants to be placed
on the land to which the Municipality of Murrysville is a party to
ensure construction of future phases, as may be approved in preliminary
and final land development plans, in a manner commensurate with conditional
use approval and this article and in the application of such may consider
de minimis waivers of the approved phases as defined in this subsection.
(b)
In addition to the above, the following items
shall be required:
[1]
Preliminary security plan referencing the basis for security proposed which shall be finalized as a condition of each final land development approval through Chapter 201, Subdivision and Land Development.
[2]
Incorporation of adjoining street widths and
specifications for existing streets in the required traffic study.
[3]
Developer's agreement prepared by the Municipal
Solicitor, including but not limited to reasonable conditions, covenants,
plans, and performance standards of the section, which shall be recorded
at the Westmoreland County Recorder of Deeds Office.
(9)
Incorporation of appendix. Any development submitted
in accordance with this article shall consider and reasonably adhere
to those illustrations presented within Appendix A, General Business
Overlay Design Manual,[4] as design guidelines demonstrating the criteria of this
article in a manner that meets its objectives.
[4]
Editor's Note: Appendix A is included at the end of this chapter.
CC.
Exploration
or production of oil or natural gas from a shale reservoir or source
rock.[5]
(1)
Recovery of subsurface gas and oil deposits. These are activities limited to the recovery and removal of subsurface gas and oil deposits drilled with the intent to explore or produce oil or natural gas from a shale reservoir or source rock. This does not include the recovery and removal of any other subsurface minerals, such as coal, gravel, sand, clay, topsoil, stone or any other mineral other than oil and gas, from the shale rock reservoir or source rock. The foregoing use is permitted subject to the stated purpose of this Subsection CC and all of the requirements contained in this Subsection CC and the accompanying addendum, as pertaining.
(2)
Purpose. The purpose of this Subsection CC is to provide for the health, safety and welfare of the residents and their property in the Municipality of Murrysville, to insure compliance with the Charter of the Municipality of Murrysville; to provide the procedure for the issuance of zoning permits to enable the exploration or production of oil or natural gas from a shale reservoir or source rock; to protect the character of the community, facilitating beneficial and compatible land uses; and to further the Municipality's interest in the orderly development and use of land in a manner consistent with local demographic and land use concerns.
(3)
BEST MANAGEMENT PRACTICES
BUNK HOUSE
COMPLETION OF THE WELL
COMPRESSOR
COMPRESSOR STATION
DRILLING
DRILLING AND STIMULATION EQUIPMENT
FLOWBACK WATER
FRACTURE or FRACKING
FRESHWATER
FRESH GROUNDWATER
GAS WELL
IMPOUNDMENT, FRESHWATER
IMPOUNDMENT, WASTEWATER
LOCAL STREET OR ROAD
MUNICIPALITY
OIL and GAS
OIL AND GAS DEVELOPMENT FACILITY OR FACILITY
(a)
(b)
OIL and GAS DEVELOPMENT or DEVELOPMENT
OIL AND GAS PROPERTY
OPERATOR
OWNER
PERENNIAL STREAM
PERMANENT FACILITY AREA
PERSON
PLAT
PRIVATE WATER SUPPLY
PROTECTED STRUCTURE
RECREATION AREA
REDRILL
REWORK
WASTEWATER
WATER IMPOUNDMENT - FRESH
WATER IMPOUNDMENT -WASTE
WELL
WELLBORE
WELLHEAD
WELL PAD
WETLAND
Definitions. As used in this Subsection CC, the following terms shall be interpreted or defined as follows:
Best management practices (BMPs) are state-of-the-art mitigation
measures applied to oil and gas facilities and production to help
ensure that energy development is conducted in a safe and environmentally
responsible manner that protects air and water quality, landscapes
and natural resources and public health.
A housing facility designed and intended to be used for a
temporary period of time to house oil and gas, exploration-related
workers. Such facility is not intended to accommodate families or
school-aged children. A bunk house may be a travel trailer, camper,
mobile home or a structure manufactured for this particular use.
The date 60 days after the end date of the drilling, redrilling
or reworking of the well site in which the well is properly equipped
for production of oil or gas.
A device used alone or in series to raise the pressure of
natural gas and/or by-products to create a pressure differential to
move or compress a liquid, vapor or gas.
An oil and gas facility designed and constructed to compress
natural gas, through the use of motors, that originates from an oil
and gas well or collection of such wells and to operate as an upstream
or midstream facility for delivery of oil and gas to a transmission
pipeline, distribution pipeline, natural gas processing and/or treatment
facility or underground storage field.
Any vertical or horizontal digging or boring of a new well
or reworking of an existing well with the intention to explore, develop
or produce oil, gas or other hydrocarbons or to inject gas, water
or any other fluids or substances into the earth.
All parts and appurtenances to such structure and every piece
of apparatus, machinery or equipment used, erected or maintained in
connection with oil and gas drilling, as defined herein, as well as
the completion and stimulation/workover equipment utilized to complete
the well.
The murky, salty water from fracking natural gas wells consisting
of fracturing fluid which returns to the surface as well as produced
water.
The process of injecting water, customized fracking fluid,
steam, or gas into a gas well under pressure to improve gas recovery.
Water obtained from a potable water source of the commonwealth
such as a hydrant, stream, lake, water well, spring or other source
that has not been treated or utilized in commercial or industrial
operations.
Water in that portion of the generally recognized hydrologic
cycle which occupies the pore spaces and fractures of saturated subsurface
materials. Groundwater often supplies wells and springs and is often
withdrawn for domestic, agricultural, municipal, industrial and other
beneficial uses.
Any well drilled for the intent of extracting gas or other
hydrocarbons from beneath the surface of the earth.
A depression, excavation or facility situated in or upon
the ground, whether natural or artificial and whether lined or unlined,
used to store freshwater.
A lined depression excavation pit or facility situated in
or upon the ground, whether natural or artificial, used to store wastewater
fluid including but not limited to brine, fracturing fluid, produced
water, recycled water, impaired water, flow back water, or any other
fluid that does not satisfy the definition of "fresh water."
A public street or road adopted by ordinance carrying a maximum
of 2,000 AWDT and provides for no truck usage except for local deliveries.
"AWDT" is defined as daily traffic count average over a one-week period.
The Municipality of Murrysville, Westmoreland County, Pennsylvania.
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 a well of any depth into, through, and
below the surface of the earth and defined as follows: "Gas" is a
fluid, combustible or noncombustible, which is produced in a natural
state from the earth and maintains a gaseous or rarified state at
standard temperature of 60º F. and pressure 14.7 PSIA or any
manufactured gas, by-product gas or mixture of gases or natural gas
liquids. "Oil" is defined as hydrocarbons in liquid form at standard
temperature of 60º F. and pressure 14.7 PSIA, also referred to
as petroleum.
NATURAL GAS COMPRESSOR STATIONA facility designed and constructed to compress natural gas that originates from an oil and gas well or collection of such wells operating as a midstream facility for delivery of oil and 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.
NATURAL GAS PROCESSING PLANTA facility designed and constructed to remove materials such as ethane, propane, butane, and other constituents or similar substances from natural gas to allow the 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/is designed and constructed primarily to remove water, water vapor, oil or naturally occurring liquids from natural gas.
A land development which includes the well site preparation,
well site construction, drilling, fracturing, and/or site restoration
associated with an oil and gas well of any depth; water and other
fluid storage; gas reservoir; impoundment and transportation used
for such activities; and the installation and use of all associated
equipment, including tanks, meters, and other equipment and structures,
whether permanent or temporary; and the site preparation, construction,
installation, maintenance and repair of oil and gas pipelines, not
regulated by the Pennsylvania Public Utility Commission or United
States Department of Transportation, Office of Pipeline Safety, and
associated equipment; and all other equipment and activities associated
with the exploration for, production of and transportation of oil
and gas, including natural gas compressor stations and natural gas
processing plants, structures defined as other support facilities
or structures performing similar functions that operate as midstream
facilities.
Any surface property for which the underlying oil and gas
rights are:
The person designated as operator on the permit application
and, if a separate entity from the operator, the owner of the oil
and gas development or facility which is the subject of the application.
A person who owns, manages, leases, controls or possesses
a well property.
Stream that has continuous flow in parts of its stream bed
all year round during years of normal rainfall.
The area designated by the operator on the approved plat
detailing the outer boundary of the area where the wellhead and permanent
above-ground equipment and structures associated with the production
and operation of oil and gas wells, post-hydraulic fracturing, are
permitted.
An individual, association, partnership, corporation, political
subdivision or agency of the federal government, state government
or other legal entity.
A map, drawing or print, which shall be stamped by a professional
engineer or registered surveyor, accurately drawn to scale showing
the proposed or existing location of a well or wells, well pad and
permanent facility area. The plat must show protected structure setbacks.
Any water supply which is not provided by a water company
and not delivered through water mains. The sources of the supply may
be a well, borehole, spring, stream, river, lake or pond. The supply
may serve just one property or several properties through a network
of pipes.
Any occupied structure with walls and a roof within which persons live or customarily work, the attached portion of which is closer than 750 feet to the nearest portion of the boundary of a proposed well pad. This term shall not include any structure on which construction commenced after operator filed an application for a conditional use pursuant to § 220-31CC; or any structure located on a property other than an oil and gas property, where the surface owner of the property has signed a waiver relieving the operator from implementation of the requirements of § 220-31CC(7). In the waiver, the surface owner must acknowledge that he has notified all residents on the property and that the operator is explicitly relieved from complying with the regulations applicable to the protected structure. The waiver must be notarized and approved by the Municipal Solicitor.
An area of land owned and maintained by the Municipality,
the Franklin Regional School District, the Westmoreland Conservancy
or a nonpublic or private academic institution licensed by the State
of Pennsylvania and used for active parks, playgrounds, athletic facilities
and similar uses.
Deepening or sidetrack/horizontal drilling of the existing
well bore extending more than 150 feet from said well bore.
Reentry of an existing well within the existing bore hole
or by deepening or sidetrack/horizontal operations (which do not extend
more than 150 feet horizontally from the existing well bore) or replacement
of well liners or casings.
Water which has been previously used for industrial, municipal,
domestic or other purposes including those associated with fracturing,
drilling flowback, and other drilling-related activities.
A lined depression excavation pit or facility situated in
or upon the ground, whether natural or artificial, and used to store
fresh water.
A lined depression excavation pit or facility situated in
or upon the ground, whether natural or artificial, used to store wastewater
fluid including but not limited to brine, fracturing fluid, produced
water, recycled water, impaired water, flow back water, or any other
fluid that does not satisfy the definition of "fresh water."
A bore hole drilled or being drilled for the purpose of,
or to be used for, producing or extracting gas, petroleum or another
liquid related to oil or gas production.
The hole that is drilled to aid in the exploration and recovery
of natural resources including oil and gas.
The component at the surface of an oil or gas well that provides
the structural and pressure-containing interface for the drilling
and production equipment. The wellhead is established after the completion
of the hydraulic fracturing and is often referred to as the "christmas
tree" within the industry.
The area designated on the approved plat that includes the
area accommodating all structures and equipment associated with or
incidental to construction, drilling, fracturing and resource recovery
prior to the establishment of the permanent facility area, specifically
excluding access roads.
Areas inundated or saturated by surface water or groundwater
at a frequency and duration sufficient to support, and which normally
support, a prevalence of vegetation typically adapted for life in
saturated soil conditions, including swamps, marshes, bogs and similar
areas.
(4)
Oil and Gas Recovery Overlay District. The Oil and Gas Recovery
Overlay District is contained within the Official Zoning Map of the
Municipality of Murrysville. The intent of the Oil and Gas Overlay
District is to provide reasonable areas within the Municipality where
mineral extraction may occur and to enact regulations regarding the
activities associated with mineral extraction which are not otherwise
within the jurisdiction of federal and state regulations and from
which the Municipality is not preempted by the Pennsylvania Oil and
Gas Act.[7] The Municipality of Murrysville believes that mineral
extraction activity without proper regulation may pose hazards to
the health, safety, and general welfare of the residents of the Municipality.
Therefore, the Overlay District and associated regulations have been
created in order to limit unconventional oil and gas recovery operations
to areas of the Municipality identified in the Comprehensive Plan,
based on historic agricultural and resource recovery areas and areas
that permit short-term industrial uses such as quarrying and mining.
The overlay area is also not targeted for development due to limited
public infrastructure and had the least densities of households per
square mile as identified in the Comprehensive Plan, thus excluding
unconventional oil and gas operations from the more dense residential
neighborhoods and commercial corridors in order to minimize impacts
on these residential neighborhoods, public facilities, infrastructure,
and the environment, and ensure that all operations comply with all
federal, state and local laws.
[7]
Editor's Note: See 58 Pa.C.S.A. § 3201 et seq.
(5)
Conditional use. Unconventional oil and gas drilling shall be evaluated as a conditional use within the Oil and Gas Overlay District, subject to the procedures and provisions of this section, § 220-31 of this chapter.
(6)
Application requirements. In order to be evaluated as a conditional
use, the applicant shall be required to submit the following documents
and information to the Municipality:
(a)
A person or entity desiring approval of a conditional use application
pursuant to this subsection shall submit a written application. Before
submitting an application, the applicant is strongly encouraged to
meet with the municipal staff to determine the requirements of and
the procedural steps for the application. The intent of this process
is for the applicant to obtain necessary information and guidance
from the staff with regard to the site, plan preparation and governing
laws.
(b)
The application shall not be considered to be complete and properly
filed unless and until all items required by this subsection, including
the application fee, have been received. Such application shall include
the following information and plans:
[1]
Fourteen paper copies and one electronic copy of the completed
application form supplied by the Municipality along with supporting
documentation as identified in this section.
[2]
Written permission from the property owner(s) who have legal
or equitable title in and to the surface of the drill site or a demonstrable
documentation of the applicant's authority to occupy the surface for
the purpose of mineral extraction.
[3]
Copies of any and all permits and applications submitted to
the various local, county, state and federal agencies. Permits and
plans shall include but not be limited to the Pennsylvania Department
of Environmental Protection well application and permit, ESCGP-1 or
other erosion and sedimentation permits or approvals and all air,
water and waste management permits.
[4]
A survey of the oil and gas development, prepared and stamped
by a professional land surveyor or professional engineer, showing
the access road(s), well pad, required yard setbacks, location and
owners of the protected structures, the area where associated gas
production equipment (tanks or other surface installations), the well
bore, bunk houses, buildings, parking, staging areas, detention ponds
and storage areas will be located.
(7)
Area, yard, height and setback requirements applicable to oil
and gas developments. All area, yard, height, and setback requirements
of the underlying zoning district as well as setback requirements
established by the Commonwealth of Pennsylvania or United States government
shall apply, except for the following requirements below:
(a)
The nearest portion of the outer boundary of the proposed well
pad, as depicted on the approved plat, shall be no closer than 750
feet from the nearest attached portion of a protected structure.
(b)
Notwithstanding anything to the contrary contained in this ordinance
or in any other applicable rules, laws or regulations, no permanent
facility area or well pad or any portion thereof shall be located
less than 300 feet from the nearest portion of the exterior boundary
of a recreation area.
(c)
Notwithstanding anything to the contrary contained in this ordinance
or in any other applicable rules, laws or regulations, no temporary
or permanent structures, equipment, materials or activities related
to the use, development, construction, maintenance or modification
of any facilities approved pursuant to these regulations, or any portion
thereof including but not limited to an access road, shall be located
less than 350 feet from the nearest attached portion of a protected
structure.
(8)
Performance standards and other requirements. The applicant
shall demonstrate compliance with the following performance standards
that are associated with the development site and its impacts upon
the Municipality and neighboring property owners:
(a)
Traffic controls.
[1]
The proposed routes must be designed to minimize the impact
on streets within the Municipality. The Municipality reserves the
right to designate alternate routes in the event that the applicant's
proposed routes are deemed inadequate, unsafe or overly disruptive
to normal vehicular traffic by the Municipal Engineer.
[2]
Prior to the commencement of any activity at the development
or facility, the operator shall enter into a municipal roadway maintenance
and repair agreement with the Municipality, in a form acceptable to
the Municipality, regarding maintenance, repair and bonding of municipal
roads that are to be used by vehicles for development activities.
The municipal roadway maintenance and repair agreement will identify
the responsibilities of the applicant to prepare, maintain, and repair
municipal roads before, during and immediately after drilling operations
associated with the development or facility. The operator shall take
all necessary corrective action and measures as directed by the Municipality
pursuant to the agreement to ensure the roadways are repaired and
maintained during and at the conclusion of all development activities.
[3]
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 allowed, during periods of anticipated
heavy or frequent truck traffic associated with the development or
facility, 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.
[4]
There will be no staging of trucks or equipment on local roads.
[5]
The access driveway off the public road to the drill site shall
be gated at the entrance to prevent illegal access into the drill
site. The drill site assigned address shall be clearly marked.
[6]
No idling of diesel-powered motors or motor vehicles shall be
permitted outside the well pad.
(b)
Ponds and pits. Best management practices are strongly recommended
to be used during the drilling or completion of any well. All facilities
shall be allowed only on the parcel/property where the permitted drilling
site is occurring. No off-site facilities shall be permitted. Impoundments
shall not use surface aerators. All water impoundments shall be secured
with a temporary fence with a secured gate as follows:
[1]
The fence shall be chain link and a minimum of six feet in height.
[2]
The fencing shall be in place throughout the drill operation
and until the impoundment is removed.
[3]
The chain link fence shall have a minimum thickness of eleven-gauge.
[4]
Impoundments must comply with all state and federal laws in
regards to leak detection and monitoring and must comply with EPA
9090 or any regulation that supersedes it.
(c)
Hours of operation. Except for emergency and governmental compliance
activity or during fracking or drilling, hours of operation are limited
to Monday through Saturday, 7:00 a.m. to 9:00 p.m. All deliveries
and pickups incidental to the oil and gas development or facility
must occur during the defined hours of operation.
(d)
Notice. At least 30 days prior to any activity at the development
or facility, the operator shall provide the following information
to each property owner within 2,500 feet of the planned surface location
of the development or facility:
[1]
A general description of the planned operations at the development
or facility and associated equipment to be used;
[2]
The contact information for the operator; and
[3]
The date to hold a meeting locally with such residents to present
the operator's plans for the development or facility and to allow
for questions and answers. The meeting shall be held prior to the
commencement of development activity.
(e)
Inspection and monitoring. A duly authorized representative(s) of the Municipality, trained by the operator or his agents, shall have the authority in relation to the enforcement of this Subsection CC to enter upon the property of a development or facility for the purpose of inspecting the site, equipment and all other aspects of the site necessary to assure compliance with this Subsection CC.
(f)
Notification. The operator of any development or facility shall
notify the Emergency Management Coordinator, Municipal Zoning Officer
and Municipal Engineer no less than 90 days prior to the startup and
abandonment or shutdown of any well site.
(g)
Visual. The oil and gas development or facility shall be located,
designed and constructed to minimize the removal of trees and shrubs,
protect all natural resources, and minimize the amount of surface
disturbance. The operator shall not clear brush or trees by way of
burning and shall chip, grind or remove all tree stumps from properties
it clears for development purposes. The location and design of structures
and site improvements shall be integrated with the natural color,
form and texture of the surrounding area.
(h)
Hazards. Upon request of the Emergency Management Coordinator,
the operator shall, prior to drilling its first well in the Municipality,
make available with at least 30 days' notice, at the applicant's sole
cost and expense, one appropriate group training program for emergency
responders and municipal code enforcement personnel. Such training
shall be made available at least annually during any year that drilling
activities take place at the oil and gas development or facility.
Training should cover each phase of the development from site work
to well completion. If additional wells are drilled at the site, the
operator and Emergency Management Coordinator will determine if additional
training is required.
(i)
Fencing, screening and buffering.
[1]
Galvanized chain-link security fencing shall not be required at the well site, with the exception of fencing required pursuant to Subsection CC(8)(b) above during the initial drilling or redrilling operations, as long as manned twenty-four-hour on-site supervision and security are provided.
[2]
Upon completion of drilling or redrilling, security fencing
consisting of a permanent, galvanized chain-link fence shall be promptly
installed at all well sites to secure wellheads, storage tanks, separation
facilities, water or liquid impoundment areas, and other mechanical
and production equipment and structures on the well site.
[3]
Security fencing shall be at least six feet in height, equipped
with lockable gates at every access point, and having openings no
less than 12 feet wide. Gates shall be kept locked except when being
used for access to the site. Additional lockable gates used to access
the well site, fresh and wastewater ponds or open pits by foot may
be allowed, as necessary. The fence posts shall be set in concrete
at sufficient depths to maintain the stability of the fence.
[4]
The Municipality's first responders shall be given means to
access the well site in case of an emergency. It is recommended that
a lock box be installed. The applicant must provide the Westmoreland
County 911 Communications Center with necessary information to access
the development or facility in case of an emergency.
[5]
Warning signs shall be placed on the fencing surrounding the
development or facility, providing notice of the potential dangers
and the contact information in case of an emergency. During drilling
and hydraulic fracturing, clearly visible warning signage must be
posted on the well site.
[6]
In construction of the oil and gas development or facility,
the natural surroundings shall be considered and attempts made to
preserve existing trees and other native vegetation. Existing trees
and respective root systems should not be disturbed whenever possible.
(j)
Bunk houses.
[1]
There shall be only one unit per development, with a maximum
occupancy of six individuals.
[2]
The occupancy of the bunk house shall not exceed 60 days, at
which time it shall be removed.
[3]
The structure shall only be occupied during drilling, redrilling,
fracking or completion activities and only by employees or contractors
responsible for such activities at the well site.
[4]
The operator shall provide an enforceable alcohol and drug policy
for occupants of the bunk house.
[5]
The operator shall provide a firearms policy for occupants of
the bunk house.
[6]
Occupants of the bunk house shall be required to sign in and
out before entering or leaving the development.
[7]
The operator shall meet all state and local building code, water
and sewage requirements.
(k)
Conditional use approval. Conditional use approval shall automatically
terminate, unless extended, if drilling is not commenced within one
year from the date of issuance of the written approval of the conditional
use. The conditional use approval may be extended by Council, in its
discretion, upon written request by the operator. The operator shall
provide proof that the requested conditional use permit for such location
has not changed.
(l)
Developer's agreement. The applicant and any subcontractors
associated with the development of the oil and gas well operation
shall be required to sign, upon receiving conditional use approval,
a developer's agreement, prepared by the Municipal Solicitor. Such
developer's agreement shall contain the conditions of approval as
granted by Council and hold all parties responsible for compliance
with those conditions.
(9)
Oil and gas development facilities.
(a)
Oil and gas development facilities, which employ the use of compressors, motors or engines as part of the operations and/or produce air-contaminant emissions or offensive odors, gathering system facilities, natural gas processing plants and production facilities shall be listed as a principal use upon conditional use approval only in the B, Business Zoning District, as a conditional use, subject to this Subsection CC, all applicable chapters of the Code of the Municipality of Murrysville and the following. In the event that any required provision of this section is otherwise regulated by the provisions of the Oil and Gas Act of the Commonwealth of Pennsylvania, the applicant shall submit documentation demonstrating compliance with the provisions of the Oil and Gas Act.[8]
[1]
The applicant shall strive to consider locations for its temporary
and permanent operations where prudent and possible so as to minimize
interference with the residents' enjoyment of their property and future
municipal development activities. The applicant must present expert
witness testimony to demonstrate the location of the facility will
not unreasonably adversely affect lawful existing or authorized uses
of adjacent properties.
[2]
A conditional use application for an oil and gas development
facility shall be accompanied with written permission from the property
owner(s) who has legal or equitable title in and to the surface rights
of the property or a court order recognizing the operator's authority
to occupy the surface. If the operator owns the property, proof; must
be provided.
[3]
Conditional use approval shall automatically terminate, unless
extended, if substantial construction is not commenced and sustained
within one year from the date of issuance of the written approval
of the conditional use. The conditional use approval may be extended
by Council upon written request by the operator. The operator shall
provide proof that the requested conditional use permit for such location
has not changed.
[4]
As part of the conditional use application, the Municipality
and emergency management services shall be provided the name of the
person supervising the compressor station and a phone number where
such person can be reached twenty-four hours a day. Also, a list of
contact information for all subcontractors associated with the operations
of the station must be provided. The list shall include verification
that all supervisors/operators and subcontractors at the site are
aware and understand this ordinance.
[5]
All oil and gas development facilities shall be completely enclosed
by a building.
[a]
The building shall be constructed such that the
architectural character complements the existing character of the
area. The building shall employ architectural features including but
not limited to sloped roofs, stone and brick accents, steeples, cupolas,
etc.
[b]
The building shall employ soundproof-type walls
and all equipment associated with the compressor station shall be
enclosed within the building. All acoustical structures shall be constructed
of metal, masonry, or other structurally sound material as approved
by the Municipality's Planning Director.
[6]
The access driveway off the public road to the station shall
be gated at the entrance to prevent illegal access into the site.
The site assigned address shall be clearly visible on the access gate
for emergency 911 purposes. In addition, the sign shall include the
station name and number, name of the operator and the telephone number
for a person responsible who may be contacted in case of emergency.
[7]
Oil and gas development facilities owners will evaluate the
use of electric motors rather than internal combustion engines. Council
may approve the use of internal combustion engines as part of the
conditional use approval if deemed necessary based on evidence provided
by the operator. However, any exhaust from any internal combustion
engine or compressor used in connection with the station, used by
any production equipment, or used in development shall not be discharged
into the open air unless it is equipped with an exhaust muffler or
an exhaust box. The exhaust muffler or exhaust box shall be constructed
of noncombustible materials designed and installed to suppress noise
and disruptive vibrations. Moreover, all such equipment with an exhaust
muffler or exhaust box shall be maintained in good operating condition
according to manufacturer's specifications.
[8]
A minimum parcel size of 10 acres is required. The front, rear
and side yard requirements shall be a minimum of 250 feet.
[9]
The site shall be designed utilizing natural topography and/or
constructed earthen mounds so as to minimize visibility from adjacent
streets and properties.
[10]
No structure associated with oil and gas facilities
shall be located less than 1,200 feet from any protected structure
unless the owner has signed a waiver relieving the operator from implementation
of the measures established herein. In the waiver, the owner must
acknowledge that the operator is explicitly relieved from complying
with the regulations applicable to a protected structure. The waiver
must be notarized and approved by the Municipal Solicitor.
[12]
A security fence, as specified in Subsection CC(8)(j), Fencing, screening and buffering, shall be set back at least 10 feet from the property line and 20 feet from a public right-of-way.
[13]
Drip pans must be placed in any location, under
equipment, that has the potential to leak. All condensate tanks shall
be equipped with vapor recovery and/or vapor destruction units.
[14]
All oil and gas facilities, including but not
limited to pumping units, storage tanks, buildings, and structures
shall be designed to be compatible with the surrounding uses. Neutral
colors shall include sand, gray, green and unobtrusive shades of brown,
or other neutral colors, as approved by the Zoning Officer.
[15]
Oil and gas development facilities shall be inspected
by the Fire Department prior to operation. During the active operation
at the facility, municipal staff or consultants designated by the
Chief Administrator shall have access to the site to determine continuing
compliance with the conditional use approval.
[16]
The operator shall be required to provide notice
of any spills and/or releases to the Municipality within 12 hours
of the discovery of the event.
[8]
Editor’s Note: See 58 Pa.C.S.A. § 3201 et seq.
[5]
Editor’s Note: Resolution No. 632-14, adopted 11-5-2014,
confirms and accepts the action of the Planning Commission and deems
this Subsection 31CC in pending status.
[6]
This ordinance also contained an addendum, which read as follows:
"Addendum. The operator, when making application to the Municipality
of Murrysville, is encouraged to familiarize itself with the Code
of the Municipality of Murrysville. Relevant sections of the Code
which may, in part or in whole, have an impact on the application
and subsequent construction and maintenance of an oil and gas development
or facility may or may not include the following chapters of the Code.
The Code of the Municipality of Murrysville can be found at www.murrysville.com.
Chapter 96, Construction Codes, Uniform
Chapter 97, Construction, Roads and Streets
Chapter 112, Fees
Chapter 120, Garbage, Rubbish and Refuse
Chapter 124, Grading, Excavations and Filling
Chapter 157, Noise
Chapter 174, Property Maintenance
Chapter 197, Erosion and Sedimentation Control
Chapter 198, Stormwater Management
Chapter 201, Subdivision and Land Development
Chapter 210, Vehicles and Traffic
Chapter 220, Zoning"
DD.
Gas
station/convenience store, subject to:
[Added 12-21-2011 by Ord.
No. 846-11]
(1)
No
vehicle parts, dismantled vehicles and similar materials shall be
stored on site.
(2)
All
fuel, oil and similar substances shall be stored at least 25 feet
from any property line.
(3)
The handling and disposal of motor oil, battery acid and any other substance regulated by federal statute and the Pennsylvania Department of Environmental Protection (PA DEP) shall be in accordance with all permits and requirements of that agency or its succor agency. Any suspension, revocation or violation of the PA DEP permits shall be a violation of this chapter and shall be subject to the enforcement provisions of Article XI of this chapter.
